1.1                          A bill for an act 
  1.2             relating to transportation; requiring the commissioner 
  1.3             of transportation to evaluate principal arterial 
  1.4             alignments surrounding the metropolitan area as part 
  1.5             of evaluation of a second beltway; requiring future 
  1.6             use of highway centerline rumble strips; allowing 
  1.7             state agency mail-related functions to be carried out 
  1.8             by an outside agency; limiting weight restrictions for 
  1.9             recycling and garbage vehicles under certain 
  1.10            circumstances; requiring evaluation of the St. Cloud 
  1.11            transportation plan; requiring a bus driver duty of 
  1.12            care; making changes to transportation policy 
  1.13            provisions; providing for premium paratransit project; 
  1.14            regulating toll facilities; modifying interstate 
  1.15            vehicle registration provisions; modifying bond 
  1.16            requirements for vehicle dealers; modifying vehicle 
  1.17            certificate of title provisions pertaining to dealers 
  1.18            and authorizing a fee for deputy registrars; 
  1.19            regulating day activity center buses; modifying gross 
  1.20            vehicle weight provisions; extending duration of 
  1.21            driver instruction permits to two years; modifying 
  1.22            requirements for commercial vehicle drivers; modifying 
  1.23            driver's license fee provisions; requiring plan for 
  1.24            county ten-ton highway system; modifying provisions 
  1.25            relating to public safety radio communications 
  1.26            operators; requiring preparation of 20-year state 
  1.27            aviation plan; including the Division of Driver and 
  1.28            Vehicle Services in the definition of appropriate 
  1.29            agency for purposes of certain property forfeitures; 
  1.30            authorizing rulemaking; requiring a report; modifying 
  1.31            highway rest area and land management provisions; 
  1.32            amending Minnesota Statutes 2002, sections 16B.49; 
  1.33            117.075; 160.08, subdivision 7; 160.15; 160.276; 
  1.34            160.277; 160.278; 160.28; 160.85, subdivisions 1, 3a; 
  1.35            160.86; 160.87, by adding a subdivision; 161.125, 
  1.36            subdivision 3; 161.23, subdivision 3; 161.433, 
  1.37            subdivision 2; 161.434; 161.44, by adding a 
  1.38            subdivision; 161.442; 168.187, by adding a 
  1.39            subdivision; 168.27, subdivision 24; 168A.11, 
  1.40            subdivisions 1, 2; 169.01, subdivision 78; 169.14, by 
  1.41            adding a subdivision; 169.448, by adding a 
  1.42            subdivision; 169.81, subdivision 3c, by adding a 
  1.43            subdivision; 169.824, subdivision 2; 169.87, 
  1.44            subdivisions 4, 6; 169.99, subdivision 1b; 171.05, 
  1.45            subdivisions 1, 2; 171.12, subdivision 6; 171.165, 
  1.46            subdivisions 1, 4, by adding a subdivision; 174.03, by 
  2.1             adding a subdivision; 179A.03, subdivision 7; 179A.10, 
  2.2             subdivision 2; 299D.08; 360.015, by adding a 
  2.3             subdivision; 515B.1-107; 515B.3-102; 515B.3-112; 
  2.4             609.531, subdivision 1; Minnesota Statutes 2003 
  2.5             Supplement, sections 13.44, subdivision 3; 117.036; 
  2.6             168.013, subdivision 3; 169.86, subdivision 5; 171.20, 
  2.7             subdivision 4; proposing coding for new law in 
  2.8             Minnesota Statutes, chapters 160; 169; 171; 174; 
  2.9             repealing Minnesota Statutes 2002, sections 161.115, 
  2.10            subdivision 199; 161.44, subdivision 9; 169.685, 
  2.11            subdivision 4. 
  2.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.13                             ARTICLE 1
  2.14                       TRANSPORTATION POLICY
  2.15     Section 1.  [BELTWAY; PLANNING.] 
  2.16     Subdivision 1.  [INCLUSION IN PLANS.] The commissioner of 
  2.17  transportation shall evaluate new principal arterial alignments 
  2.18  surrounding the metropolitan area as part of the metropolitan 
  2.19  area's transportation system plan, with particular attention to 
  2.20  evaluating these alignments in the context of planning for a 
  2.21  second beltway around the metropolitan area.  The commissioner 
  2.22  shall coordinate activities under this subdivision with the 
  2.23  Metropolitan Council's preparation of its transportation policy 
  2.24  plan.  Each alignment must be considered for its capacity to 
  2.25  serve urban development and to provide a traffic bypass of the 
  2.26  metropolitan area. 
  2.27     Subd. 2.  [REPORT.] The commissioner of transportation 
  2.28  shall report to the legislature by January 15, 2005, on the 
  2.29  activities of the commissioner and council under subdivision 1.  
  2.30  The report must include an evaluation of the feasibility and 
  2.31  desirability of conducting a comprehensive study, including 
  2.32  timetables, detailed documentation, cost, and right-of-way needs 
  2.33  of a second beltway. 
  2.34     Sec. 2.  [ST. CLOUD AREA TRANSPORTATION PLANNING DISTRICT 
  2.35  PLAN.] 
  2.36     (a) The commissioner of transportation shall evaluate the 
  2.37  further development of the transportation component of the St. 
  2.38  Cloud area transportation planning district plan. 
  2.39     (b) The development of the transportation component shall 
  2.40  include, among other things: 
  2.41     (1) a resolution of the conceptual design for the area's 
  3.1   roadway and transit systems; and 
  3.2      (2) the feasibility and desirability of developing a 
  3.3   beltway around the St. Cloud area.  
  3.4      Sec. 3.  [STUDY; CENTERLINE RUMBLE STRIPS.] 
  3.5      The commissioner of transportation shall conduct a study of 
  3.6   the feasibility and desirability of: 
  3.7      (1) including centerline rumble strips on projects for 
  3.8   construction, reconstruction, or resurfacing of trunk highways 
  3.9   outside urban districts that have a design speed of 55 miles per 
  3.10  hour or more; and 
  3.11     (2) insuring that centerline rumble strips are included in 
  3.12  projects for construction, reconstruction, or resurfacing of 
  3.13  county state-aid highways outside urban districts that have a 
  3.14  design speed of 55 miles per hour or more. 
  3.15     In conducting the study, the commissioner shall establish 
  3.16  an advisory committee consisting of county engineers and 
  3.17  representatives of the Department of Transportation.  The 
  3.18  commissioner shall report by January 5, 2005, to the legislative 
  3.19  committees having jurisdiction over transportation finance and 
  3.20  policy on the results of the study. 
  3.21     Sec. 4.  [METRO MOBILITY; PREMIUM PARATRANSIT PILOT 
  3.22  PROJECT.] 
  3.23     The Metropolitan Council shall, by October 1, 2004, 
  3.24  implement a pilot project for subsidizing premium paratransit 
  3.25  for certified Metro Mobility users.  The council shall make 
  3.26  agreements with taxi providers or other providers of small 
  3.27  vehicle passenger service under which the council subsidizes 
  3.28  trips made by certified Metro Mobility users who have been 
  3.29  denied same-day reservations by Metro Mobility.  Under the pilot 
  3.30  project the user must pay a base fare of up to $7 or the actual 
  3.31  cost of the taxi trip, whichever is less.  The taxi company will 
  3.32  invoice Metro Mobility for any taxi fare amount over the base 
  3.33  fare and up to $20.  For tax fares in excess of $20 the user 
  3.34  must pay the base fare plus any amount in excess of $20.  The 
  3.35  council shall report to the legislative committees having 
  3.36  jurisdiction over transportation policy and finance by January 
  4.1   15, 2005, on the council's activities under this section.  The 
  4.2   council may not enter into any provider contracts for Metro 
  4.3   Mobility that are in effect in fiscal year 2006 or 2007 until 
  4.4   after the report has been submitted. 
  4.5      Sec. 5.  Minnesota Statutes 2002, section 16B.49, is 
  4.6   amended to read: 
  4.7      16B.49 [CENTRAL MAILING SYSTEM.] 
  4.8      (a) The commissioner shall maintain and operate for state 
  4.9   agencies, departments, institutions, and offices a central mail 
  4.10  handling unit.  Official, outgoing mail for units in St. Paul 
  4.11  must be delivered unstamped to the unit.  The unit shall also 
  4.12  operate an interoffice mail distribution system.  The department 
  4.13  may add personnel and acquire equipment that may be necessary to 
  4.14  operate the unit efficiently and cost-effectively.  Account must 
  4.15  be kept of the postage required on that mail, which is then a 
  4.16  proper charge against the agency delivering the mail.  To 
  4.17  provide funds for the payment of postage, each agency shall make 
  4.18  advance payments to the commissioner sufficient to cover its 
  4.19  postage obligations for at least 60 days.  For purposes of this 
  4.20  section, the Minnesota State Colleges and Universities is a 
  4.21  state agency. 
  4.22     (b) Notwithstanding paragraph (a) or section 16C.09, the 
  4.23  commissioner may approve the performance of mail-related 
  4.24  functions by an agency outside the state's central mail-handling 
  4.25  unit if the agency demonstrates it furthers program 
  4.26  effectiveness, better use of services, greater efficiency, or 
  4.27  greater economy in state government. 
  4.28     Sec. 6.  Minnesota Statutes 2002, section 160.85, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [ROAD AUTHORITY.] A road authority may 
  4.31  solicit or accept proposals from and enter into development 
  4.32  agreements with counties or private operators for developing, 
  4.33  financing, designing, constructing, improving, rehabilitating, 
  4.34  owning, and operating toll facilities wholly or partly within 
  4.35  the road authority's jurisdiction.  If a road authority solicits 
  4.36  toll facility proposals, it must publish a notice of 
  5.1   solicitation in the State Register. 
  5.2      Sec. 7.  Minnesota Statutes 2002, section 160.85, 
  5.3   subdivision 3a, is amended to read: 
  5.4      Subd. 3a.  [INFORMATION MEETING.] Before approving or 
  5.5   denying a development agreement, the commissioner shall hold a 
  5.6   public information meeting in any municipality or county in 
  5.7   which any portion of the proposed toll facility runs.  The 
  5.8   commissioner shall determine the time and place of the 
  5.9   information meeting.  The commissioner shall make the proposed 
  5.10  development agreement available for public review at the meeting 
  5.11  and for a reasonable period of time before the meeting. 
  5.12     Sec. 8.  Minnesota Statutes 2002, section 160.86, is 
  5.13  amended to read: 
  5.14     160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 
  5.15     A development agreement must include the following 
  5.16  provisions: 
  5.17     (a) The toll facility must meet the road authority's 
  5.18  standards of design and construction for roads and bridges of 
  5.19  the same functional classification. 
  5.20     (b) The commissioner must review and approve the location 
  5.21  and design of a bridge over navigable waters as if the bridge 
  5.22  were constructed by a road authority.  This requirement does not 
  5.23  diminish the private operator's responsibility for bridge safety.
  5.24     (c) The private operator shall manage and operate the toll 
  5.25  facility in cooperation with the road authority and subject to 
  5.26  the development agreement. 
  5.27     (d) The toll facility is subject to regular inspections by 
  5.28  the road authority and the commissioner. 
  5.29     (e) The agreement must provide the terms and conditions of 
  5.30  maintenance, snow removal, and police services to the toll 
  5.31  facility.  The road authority must provide the services.  The 
  5.32  services must meet at least the road authority's standards for 
  5.33  facilities of the same functional classification. 
  5.34     (f) The agreement must establish a reasonable rate of 
  5.35  return on investment and capital during the term of the 
  5.36  agreement. 
  6.1      (g) A development agreement may not contain a provision 
  6.2   that (1) prohibits or restricts a road authority from 
  6.3   constructing, improving, or maintaining any highway within its 
  6.4   jurisdiction, or (2) prohibits or restricts the development, 
  6.5   design, construction, or operation of public transit facilities 
  6.6   or service, including commuter rail lines. 
  6.7      Sec. 9.  [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 
  6.8   REQUIREMENTS.] 
  6.9      Subdivision 1.  [INCLUSION IN STATEWIDE TRANSPORTATION 
  6.10  IMPROVEMENT PROGRAM.] The commissioner of transportation may not 
  6.11  make a development agreement for a toll facility unless the 
  6.12  facility is included in the commissioner's statewide 
  6.13  transportation improvement program for the federal fiscal year 
  6.14  in which construction of the facility would begin. 
  6.15     Subd. 2.  [REPORT TO LEGISLATURE.] By January 15 of each 
  6.16  even-numbered year, the commissioner shall submit to the chairs 
  6.17  of the legislative committees having jurisdiction over 
  6.18  transportation policy and finance a status report on development 
  6.19  activities relating to toll facilities during the previous two 
  6.20  years, including: 
  6.21     (1) solicitations of interest; 
  6.22     (2) requests for letters of interest; 
  6.23     (3) calls for corridor concepts; 
  6.24     (4) selection of corridors; and 
  6.25     (5) formal requests for proposals, requests for 
  6.26  qualifications, and requests for public partners. 
  6.27     Subd. 3.  [REPORT TO LEGISLATIVE COMMITTEES.] The 
  6.28  commissioner shall notify the chairs of the senate and house of 
  6.29  representatives committees having jurisdiction over 
  6.30  transportation policy and finance each time the commissioner 
  6.31  selects a corridor with the intention of soliciting proposals 
  6.32  for a toll facility in that corridor.  The notification must be 
  6.33  made within ten days of the selection. 
  6.34     Sec. 10.  Minnesota Statutes 2002, section 160.87, is 
  6.35  amended by adding a subdivision to read: 
  6.36     Subd. 4.  [LIMITATION ON COLLECTION OF TOLLS; USE OF TOLL 
  7.1   REVENUE.] Notwithstanding subdivisions 1 to 3, a toll facility 
  7.2   operator or road authority may collect tolls on a toll facility 
  7.3   only until all costs related to the construction of the 
  7.4   facility, including right-of-way acquisition and payment of 
  7.5   principal and interest on any debt incurred therefore, have been 
  7.6   paid. 
  7.7      Sec. 11.  [160.93] [LIMIT ON DEVELOPMENT AGREEMENTS.] 
  7.8      The commissioner may not enter into more than two 
  7.9   development agreements under sections 160.84 to 160.92 before 
  7.10  July 1, 2006. 
  7.11     Sec. 12.  [160.94] [COMPATIBILITY OF TOLL-COLLECTION 
  7.12  SYSTEMS.] 
  7.13     The commissioner shall take all necessary steps to insure 
  7.14  that (1) all toll facilities use exclusively electronic 
  7.15  collection methods, and (2) to the maximum feasible degree, all 
  7.16  toll-collection systems used in Minnesota are compatible with 
  7.17  each other. 
  7.18     Sec. 13.  Minnesota Statutes 2002, section 161.125, 
  7.19  subdivision 3, is amended to read: 
  7.20     Subd. 3.  [SOUND ABATEMENT MEASURES.] (a) For the purpose 
  7.21  of this section, sound abatement measures include but are not 
  7.22  limited to the following: 
  7.23     (1) traffic management measures, including reduced speed 
  7.24  limits or exclusion and rerouting of excessively noisy vehicles; 
  7.25     (2) design and construction measures, including use of 
  7.26  sound absorbing road surface materials, landscaping and 
  7.27  planning, acquisition of buffer zones or noise insulation of 
  7.28  buildings on abutting property; 
  7.29     (3) enforcement of the motor vehicle source noise limits of 
  7.30  the Pollution Control Agency and of the federal Bureau of Motor 
  7.31  Carrier Safety; and 
  7.32     (4) other measures designed for the purpose of reducing 
  7.33  motor vehicle source noise or reducing the effects of that noise.
  7.34     (b) The commissioner of public safety shall cooperate with 
  7.35  the commissioner of transportation in implementing any sound 
  7.36  abatement measures that include law enforcement activities.  
  8.1      (c) In addition to all criteria for the installation or 
  8.2   implementation of sound abatement measures under this section, 
  8.3   the commissioner shall consider the presence of bus shoulder 
  8.4   lanes in residential areas. 
  8.5      Sec. 14.  Minnesota Statutes 2003 Supplement, section 
  8.6   168.013, subdivision 3, is amended to read: 
  8.7      Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
  8.8   WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
  8.9   gross weight shall state the unloaded weight of the motor 
  8.10  vehicle, trailer, or semitrailer and the maximum load the 
  8.11  applicant proposes to carry on it, the sum of which constitutes 
  8.12  the gross weight upon which the license tax must be paid.  
  8.13  However, the declared gross weight upon which the tax is paid 
  8.14  must not be less than 1-1/4 times the declared unloaded weight 
  8.15  of the motor vehicle, trailer, or semitrailer to be registered, 
  8.16  except recreational vehicles taxed under subdivision 1g, school 
  8.17  buses taxed under subdivision 18, and tow trucks or towing 
  8.18  vehicles defined in section 169.01, subdivision 52.  The gross 
  8.19  weight of a tow truck or towing vehicle is the actual weight of 
  8.20  the tow truck or towing vehicle fully equipped, but does not 
  8.21  include the weight of a wrecked or disabled vehicle towed or 
  8.22  drawn by the tow truck or towing vehicle. 
  8.23     (b) The gross weight of a motor vehicle, trailer, or 
  8.24  semitrailer must not exceed the gross weight upon which the 
  8.25  license tax has been paid by more than four percent or 1,000 
  8.26  pounds, whichever is greater; provided that, a vehicle 
  8.27  transporting unfinished forest products on a highway, other than 
  8.28  a highway that is part of the system of interstate and defense 
  8.29  highways, unless a federal exemption is granted, in accordance 
  8.30  with paragraph (d)(3): 
  8.31     (1) shall not exceed its gross vehicle weight upon which 
  8.32  the license tax has been paid, or gross axle weight on any axle, 
  8.33  by more than five percent and, notwithstanding other law to the 
  8.34  contrary, is not subject to any fee, fine, or other assessment 
  8.35  or penalty for exceeding a gross vehicle or axle weight by up to 
  8.36  five percent, except during winter weight increase periods; and 
  9.1      (2) between the dates set by the commissioner in accordance 
  9.2   with section 169.826, subdivision 1, is not subject to any 
  9.3   provision of paragraph (d) or chapter 169 limiting the gross 
  9.4   axle weight of any individual axle unless the entire vehicle 
  9.5   also exceeds its gross vehicle weight plus its weight allowance 
  9.6   allowed in clause (1) and plus any weight allowance permitted 
  9.7   under section 169.826, in which case the vehicle is subject to 
  9.8   all applicable penalties for excess weight violations. 
  9.9      (c) The gross weight of the motor vehicle, trailer, or 
  9.10  semitrailer for which the license tax is paid must be indicated 
  9.11  by a distinctive character on the license plate or plates except 
  9.12  as provided in subdivision 12 and the plate or plates must be 
  9.13  kept clean and clearly visible at all times. 
  9.14     (d) The owner, driver, or user of a motor vehicle, trailer, 
  9.15  or semitrailer, upon conviction for transporting a gross weight 
  9.16  in excess of the gross weight for which it was registered or for 
  9.17  operating a vehicle with an axle weight exceeding the maximum 
  9.18  lawful axle load weight, is guilty of a misdemeanor and subject 
  9.19  to increased registration or reregistration according to the 
  9.20  following schedule: 
  9.21     (1) Upon conviction for transporting a gross weight in 
  9.22  excess of the gross weight for which a motor vehicle, trailer, 
  9.23  or semitrailer is registered by more than the allowance set 
  9.24  forth in paragraph (b) but less than 25 percent, or for 
  9.25  operating or using a motor vehicle, trailer, or semitrailer with 
  9.26  an axle weight exceeding the maximum lawful axle load as 
  9.27  provided in sections 169.822 to 169.829 by more than the 
  9.28  allowance set forth in paragraph (b) but less than 25 percent, 
  9.29  the owner, driver, or user of the motor vehicle, trailer, or 
  9.30  semitrailer used to commit the violation, in addition to any 
  9.31  penalty imposed for the misdemeanor, shall apply to the 
  9.32  registrar to increase the authorized gross weight to be carried 
  9.33  on the vehicle to a weight equal to or greater than the gross 
  9.34  weight the owner, driver, or user was convicted of carrying.  
  9.35  The increase is computed for the balance of the calendar year on 
  9.36  the basis of 1/12 of the annual tax for each month remaining in 
 10.1   the calendar year beginning with the first day of the month in 
 10.2   which the violation occurred.  If the additional registration 
 10.3   tax computed upon that weight, plus the tax already paid, 
 10.4   amounts to more than the regular tax for the maximum gross 
 10.5   weight permitted for the vehicle under sections 169.822 to 
 10.6   169.829, that additional amount must nevertheless be paid into 
 10.7   the highway fund, but the additional tax thus paid does not 
 10.8   authorize or permit any person to operate the vehicle with a 
 10.9   gross weight in excess of the maximum legal weight as provided 
 10.10  by sections 169.822 to 169.829.  Unless the owner within 30 days 
 10.11  after a conviction applies to increase the authorized weight and 
 10.12  pays the additional tax as provided in this section, the 
 10.13  registrar shall revoke the registration on the vehicle and 
 10.14  demand the return of the registration card and plates issued on 
 10.15  that registration. 
 10.16     (2) Upon conviction of an owner, driver, or user of a motor 
 10.17  vehicle, trailer, or semitrailer for transporting a gross weight 
 10.18  in excess of the gross weight for which the motor vehicle, 
 10.19  trailer, or semitrailer was registered by 25 percent or more or 
 10.20  for operating or using the vehicle or trailer with an axle 
 10.21  weight exceeding the maximum lawful axle load as provided in 
 10.22  sections 169.822 to 169.829 by 25 percent or more, and in 
 10.23  addition to any penalty imposed for the misdemeanor, the 
 10.24  registrar shall either (i) cancel the reciprocity privileges on 
 10.25  the vehicle involved if the vehicle is being operated under 
 10.26  reciprocity or (ii) if the vehicle is not being operated under 
 10.27  reciprocity, cancel the certificate of registration on the 
 10.28  vehicle operated and demand the return of the registration 
 10.29  certificate and registration plates.  The registrar may not 
 10.30  cancel the registration or reciprocity privileges for any 
 10.31  vehicle found in violation of seasonal load restrictions imposed 
 10.32  under section 169.87 unless the axle weight exceeds the 
 10.33  year-round weight limit for the highway on which the violation 
 10.34  occurred.  The registrar may investigate any allegation of gross 
 10.35  weight violations and demand that the operator show cause why 
 10.36  all future operating privileges in the state should not be 
 11.1   revoked unless the additional tax assessed is paid. 
 11.2      (3) Clause (1) does not apply to the first haul of 
 11.3   unprocessed or raw farm products or unfinished forest products, 
 11.4   when the registered gross weight is not exceeded by more than 
 11.5   ten percent.  For purposes of this clause, "first haul" means 
 11.6   (i) the first, continuous transportation of unprocessed or raw 
 11.7   farm products from the place of production or on-farm storage 
 11.8   site to any other location within 50 miles of the place of 
 11.9   production or on-farm storage site, or (ii) the continuous or 
 11.10  noncontinuous transportation of unfinished forest products from 
 11.11  the place of production to the place of final processing or 
 11.12  manufacture located within 200 miles of the place of production. 
 11.13     (4) When the registration on a motor vehicle, trailer, or 
 11.14  semitrailer is revoked by the registrar according to this 
 11.15  section, the vehicle must not be operated on the highways of the 
 11.16  state until it is registered or reregistered, as the case may 
 11.17  be, and new plates issued, and the registration fee is the 
 11.18  annual tax for the total gross weight of the vehicle at the time 
 11.19  of violation.  The reregistration pursuant to this subdivision 
 11.20  of any vehicle operating under reciprocity agreements pursuant 
 11.21  to section 168.181 or 168.187 must be at the full annual 
 11.22  registration fee without regard to the percentage of vehicle 
 11.23  miles traveled in this state. 
 11.24     Sec. 15.  Minnesota Statutes 2002, section 168.187, is 
 11.25  amended by adding a subdivision to read: 
 11.26     Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
 11.27  public safety shall refuse to issue a vehicle registration, 
 11.28  license plate, or permit to a vehicle licensed under this 
 11.29  section if the vehicle is assigned to a commercial motor carrier 
 11.30  who has been prohibited from operating in interstate commerce by 
 11.31  a federal agency with authority to do so under federal law. 
 11.32     The commissioner of public safety may revoke the 
 11.33  registration of a vehicle licensed under this section if the 
 11.34  vehicle is assigned to a commercial motor carrier who has been 
 11.35  prohibited from operating in interstate commerce by a federal 
 11.36  agency with authority to do so under federal law. 
 12.1      If the prohibition by the federal agency is rescinded, the 
 12.2   commissioner of public safety may reinstate a vehicle 
 12.3   registration under this section if registration taxes and fees 
 12.4   have been paid. 
 12.5      Sec. 16.  Minnesota Statutes 2002, section 168.27, 
 12.6   subdivision 24, is amended to read: 
 12.7      Subd. 24.  [BONDS.] (a) Except as otherwise provided in 
 12.8   this subdivision, all persons licensed according to this section 
 12.9   shall keep in full force and effect a bond with a corporate 
 12.10  surety to be approved by the registrar of motor vehicles in the 
 12.11  following amounts; in the case of boat trailer, snowmobile 
 12.12  trailer, horse trailer or motorized bicycle dealers, or dealers 
 12.13  in trailers with a manufacturer's rated carrying capacity under 
 12.14  15,000 pounds designed to transport small construction or farm 
 12.15  equipment, in the amount of $5,000; and as to all other persons 
 12.16  in the amount of $50,000.  The bond must be conditioned on the 
 12.17  faithful performance by the licensee of the obligations imposed 
 12.18  on persons engaged in motor vehicle transactions by the laws of 
 12.19  this state, including the conduct required of a licensee by this 
 12.20  section and other sections governing the sale or transfer of 
 12.21  motor vehicles, and the payment of all taxes, license fees, and 
 12.22  penalties.  The bond must be for the benefit of the state of 
 12.23  Minnesota and any transferor, seller, or purchaser of a motor 
 12.24  vehicle for any monetary loss caused by failure of the licensee 
 12.25  to meet the obligations enumerated above.  Proceedings on the 
 12.26  forfeiture of the bonds must be commenced in the district court 
 12.27  of the county wherein the business of the licensed person was 
 12.28  carried on, or if in more than one county, the county in which 
 12.29  the offense occurred.  This subdivision does not apply to a used 
 12.30  vehicle parts dealer or a scrap metal processor. 
 12.31     (b) This subdivision does not apply to: 
 12.32     (1) a dealer in new trailers designed to transport small 
 12.33  construction or farm equipment in any year following a year in 
 12.34  which the dealer had less than $500,000 in gross receipts from 
 12.35  the sale of such trailers; or 
 12.36     (2) a dealer in new trailers designed to transport small 
 13.1   construction or farm equipment who has been a dealer in such 
 13.2   trailers for less than one year and who the department 
 13.3   reasonably determines will have gross receipts of less than 
 13.4   $500,000 during the first year of business. 
 13.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 13.6   following final enactment. 
 13.7      Sec. 17.  Minnesota Statutes 2002, section 168A.11, 
 13.8   subdivision 1, is amended to read: 
 13.9      Subdivision 1.  [~~APPLICATION~~ REQUIREMENTS UPON SUBSEQUENT 
 13.10  TRANSFER.] (a) ~~If~~ A dealer who buys a vehicle and holds it for 
 13.11  resale ~~and procures the certificate of title from the owner, and~~ 
 13.12  ~~complies with subdivision 2 hereof, the dealer~~ need not apply 
 13.13  for a certificate of title~~, but~~.  Upon transferring the vehicle 
 13.14  to another person other than by the creation of a security 
 13.15  interest, the dealer shall promptly execute the assignment and 
 13.16  warranty of title by a dealer, showing the names and addresses 
 13.17  of the transferee and of any secured party holding a security 
 13.18  interest created or reserved at the time of the resale, and the 
 13.19  date of the security agreement in the spaces provided therefor 
 13.20  on the certificate of title or secure reassignment.  
 13.21     (b) With respect to motor vehicles subject to the 
 13.22  provisions of section 325E.15, the dealer shall also, in the 
 13.23  space provided therefor on the certificate of title or secure 
 13.24  reassignment, state the true cumulative mileage registered on 
 13.25  the odometer or that the exact mileage is unknown if the 
 13.26  odometer reading is known by the transferor to be different from 
 13.27  the true mileage.  
 13.28     (c) The transferee shall complete the application for title 
 13.29  section on the certificate of title or separate title 
 13.30  application form prescribed by the department.  The dealer shall 
 13.31  mail or deliver the certificate to the registrar or deputy 
 13.32  registrar with the transferee's application for a new 
 13.33  certificate and appropriate taxes and fees, within ten business 
 13.34  days. 
 13.35     (d) With respect to vehicles sold to buyers who will remove 
 13.36  the vehicle from this state, the dealer shall remove any license 
 14.1   plates from the vehicle, issue a 31-day temporary permit 
 14.2   pursuant to section 168.091, and notify the registrar within 48 
 14.3   hours of the sale that the vehicle has been removed from this 
 14.4   state.  The notification must be made in an electronic format 
 14.5   prescribed by the registrar.  The dealer may contract with a 
 14.6   deputy registrar for the notification of sale to an out-of-state 
 14.7   buyer.  The deputy registrar may charge a fee of $7 per 
 14.8   transaction to provide this service. 
 14.9      Sec. 18.  Minnesota Statutes 2002, section 168A.11, 
 14.10  subdivision 2, is amended to read: 
 14.11     Subd. 2.  [~~PURCHASE RECEIPT~~ NOTIFICATION ON VEHICLE HELD 
 14.12  FOR RESALE.] ~~A dealer, on buying a vehicle for which the seller~~ 
 14.13  ~~does not present a certificate of title, shall at the time of~~ 
 14.14  ~~taking delivery of the vehicle execute a purchase receipt for~~ 
 14.15  ~~the vehicle in a format designated by the department, and~~ 
 14.16  ~~deliver a copy to the seller.  In a format and at a time~~ 
 14.17  ~~prescribed by the registrar, the dealer shall notify the~~ 
 14.18  ~~registrar that the vehicle is being held for resale by the~~ 
 14.19  ~~dealer.~~  Within 48 hours of acquiring a vehicle titled and 
 14.20  registered in Minnesota, a dealer shall notify the registrar 
 14.21  that the dealership is holding the vehicle for resale.  The 
 14.22  notification must be made electronically as prescribed by the 
 14.23  registrar.  The dealer may contract this service to a deputy 
 14.24  registrar and the registrar may charge a fee of $7 per 
 14.25  transaction to provide this service. 
 14.26     Sec. 19.  Minnesota Statutes 2002, section 169.01, 
 14.27  subdivision 78, is amended to read: 
 14.28     Subd. 78.  [RECREATIONAL VEHICLE COMBINATION.] 
 14.29  "Recreational vehicle combination" means a combination of 
 14.30  vehicles consisting of a pickup truck as defined in section 
 14.31  168.011, subdivision 29, attached by means of a fifth-wheel 
 14.32  coupling to a ~~camper-semitrailer~~ recreational trailer which has 
 14.33  hitched to it a trailer carrying a watercraft as defined in 
 14.34  section 86B.005, subdivision 18; off-highway motorcycle as 
 14.35  defined in section 84.787, subdivision 7; motorcycle; motorized 
 14.36  bicycle; snowmobile as defined in section 84.81, subdivision 
 15.1   3; ~~or~~ all-terrain vehicle as defined in section 84.92, 
 15.2   subdivision 8; or equestrian equipment and supplies.  For 
 15.3   purposes of this subdivision: 
 15.4      (a) A "fifth-wheel coupling" is a coupling between a 
 15.5   ~~camper-semitrailer~~ recreational trailer and a towing pickup 
 15.6   truck in which a portion of the weight of the ~~camper-semitrailer~~ 
 15.7   recreational trailer is carried over or forward of the rear axle 
 15.8   of the towing pickup. 
 15.9      (b) A ~~"camper-semitrailer"~~ "recreational trailer" is a 
 15.10  trailer, other than a manufactured home as defined in section 
 15.11  327B.01, subdivision 13, designed for human habitation and used 
 15.12  for vacation or recreational purposes for limited periods. 
 15.13     Sec. 20.  Minnesota Statutes 2002, section 169.14, is 
 15.14  amended by adding a subdivision to read: 
 15.15     Subd. 2a.  [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 
 15.16  commissioner shall designate the speed limit on marked 
 15.17  Interstate Highway 35E from West Seventh Street to marked 
 15.18  Interstate Highway 94 in St. Paul as 55 miles per hour, unless 
 15.19  the commissioner designates a different speed limit on that 
 15.20  highway after conducting an engineering and traffic 
 15.21  investigation under subdivision 4 and determining that a 
 15.22  different speed limit is reasonable and safe.  Any speed in 
 15.23  excess of a speed limit designated under this section is 
 15.24  unlawful.  
 15.25     <b>[EFFECTIVE DATE.]</b> This section is effective June 1, 2004. 
 15.26     Sec. 21.  [169.2212] [BUS DRIVER DUTY OF CARE.] 
 15.27     The duty of care owed by a driver of a regular route 
 15.28  transit bus to a passenger on that bus, including a passenger 
 15.29  who is an elementary or secondary pupil, applies only when the 
 15.30  passenger is on the bus or boarding or disembarking.  The duty 
 15.31  of care owed by a driver of a paratransit vehicle to a passenger 
 15.32  on that vehicle, including a passenger who is an elementary or 
 15.33  secondary pupil, applies only when the passenger is on the 
 15.34  vehicle or boarding or disembarking, and as provided in the 
 15.35  local passenger assistance policy.  At all other times the 
 15.36  passenger is a pedestrian and a driver's duty is limited to the 
 16.1   duty of care owed by an operator of a motor vehicle to a 
 16.2   pedestrian.  For purposes of this section, "regular route 
 16.3   transit" has the meaning given it in section 174.22, subdivision 
 16.4   8, and "paratransit" has the meaning given it in section 174.22, 
 16.5   subdivision 6.  
 16.6      Sec. 22.  Minnesota Statutes 2002, section 169.448, is 
 16.7   amended by adding a subdivision to read: 
 16.8      Subd. 4.  [DAY ACTIVITY CENTER BUSES.] (a) Notwithstanding 
 16.9   subdivision 1, a vehicle used to transport adults to and from a 
 16.10  day activity center may be equipped with prewarning flashing 
 16.11  amber signals and a stop-signal arm, and the operator of the 
 16.12  vehicle may activate this equipment under the following 
 16.13  circumstances: 
 16.14     (1) the operator possesses a commercial driver's license 
 16.15  with a school bus endorsement; 
 16.16     (2) the vehicle is engaged in picking up or dropping off 
 16.17  adults at locations predesignated by the day activity center 
 16.18  that owns or leases the bus; 
 16.19     (3) the vehicle is identified as a "day activity center 
 16.20  bus" in letters at least eight inches high on the front and rear 
 16.21  top of the bus; 
 16.22     (4) the name, address, and telephone number of the owner 
 16.23  and operator of the bus is identified on each front door of the 
 16.24  bus in letters not less than three inches high; and 
 16.25     (5) notwithstanding subdivision 1, paragraph (a), the 
 16.26  vehicle is painted national school bus glossy yellow. 
 16.27     (b) The provisions of section 169.444 relating to duties of 
 16.28  care of a motorist to a school bus, and violations thereof, 
 16.29  apply to a vehicle described in this section when the vehicle is 
 16.30  operated in conformity with this subdivision.  The provisions of 
 16.31  section 169.443 relating to a bus driver's duties apply to a 
 16.32  vehicle described in this section except those which by their 
 16.33  nature have no application. 
 16.34     Sec. 23.  Minnesota Statutes 2002, section 169.81, 
 16.35  subdivision 3c, is amended to read: 
 16.36     Subd. 3c.  [RECREATIONAL VEHICLE COMBINATION.] 
 17.1   Notwithstanding subdivision 3, a recreational vehicle 
 17.2   combination may be operated without a permit if: 
 17.3      (1) the combination does not consist of more than three 
 17.4   vehicles, and the towing rating of the pickup truck is equal to 
 17.5   or greater than the total weight of all vehicles being towed; 
 17.6      (2) the combination does not exceed 60 feet in length; 
 17.7      (3) the ~~camper-semitrailer~~ recreational trailer in the 
 17.8   combination does not exceed 28 feet in length; 
 17.9      (4) the operator of the combination is at least 18 years of 
 17.10  age; 
 17.11     (5) the trailer carrying a watercraft, motorcycle, 
 17.12  motorized bicycle, off-highway motorcycle, snowmobile, ~~or~~ 
 17.13  all-terrain vehicle, or equestrian equipment and supplies meets 
 17.14  all requirements of law; 
 17.15     (6) the trailers in the combination are connected to the 
 17.16  pickup truck and each other in conformity with section 169.82; 
 17.17  and 
 17.18     (7) the combination is not operated within the seven-county 
 17.19  metropolitan area, as defined in section 473.121, subdivision 2, 
 17.20  during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 
 17.21  p.m. on Mondays through Fridays. 
 17.22     Sec. 24.  Minnesota Statutes 2002, section 169.81, is 
 17.23  amended by adding a subdivision to read: 
 17.24     Subd. 3e.  [ARTICULATED BUSES.] Notwithstanding subdivision 
 17.25  2, a motor carrier of passengers registered under section 
 17.26  221.0252 may operate without a permit an articulated bus of up 
 17.27  to 61 feet in length.  
 17.28     Sec. 25.  Minnesota Statutes 2002, section 169.824, 
 17.29  subdivision 2, is amended to read: 
 17.30     Subd. 2.  [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 
 17.31  Notwithstanding the provisions of section 169.85, the gross 
 17.32  vehicle weight of all axles of a vehicle or combination of 
 17.33  vehicles shall not exceed:  
 17.34     (1) except as provided in clause (2), 80,000 pounds for any 
 17.35  vehicle or combination of vehicles on all state trunk highways 
 17.36  as defined in section 160.02, subdivision 29, and for all routes 
 18.1   designated under section 169.832, subdivision 11; 
 18.2      (2) 88,000 pounds for any vehicle or combination of 
 18.3   vehicles with six or more axles while exclusively engaged in 
 18.4   hauling livestock on all state trunk highways other than 
 18.5   interstate highways, if the vehicle has a permit under section 
 18.6   169.86, subdivision 5, paragraph (j); 
 18.7      (3) 73,280 pounds for any vehicle or combination of 
 18.8   vehicles with five axles or less on all routes, other than state 
 18.9   trunk highways and routes that are designated under section 
 18.10  169.832, subdivision 11; and 
 18.11     ~~(3)~~ (4) 80,000 pounds for any vehicle or combination of 
 18.12  vehicles with six or more axles on all routes, other than state 
 18.13  trunk highways and routes that are designated under section 
 18.14  169.832, subdivision 11.  
 18.15     (b) The maximum weights specified in this section for five 
 18.16  consecutive axles shall not apply to a four-axle ready-mix 
 18.17  concrete truck which was equipped with a fifth axle prior to 
 18.18  June 1, 1981.  The maximum gross weight on four or fewer 
 18.19  consecutive axles of vehicles excepted by this clause shall not 
 18.20  exceed any maximum weight specified for four or fewer 
 18.21  consecutive axles in this section. 
 18.22     Sec. 26.  [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 
 18.23  PRODUCTS.] 
 18.24     A vehicle or combination of vehicles hauling raw or 
 18.25  unfinished forest products, including wood chips, by the most 
 18.26  direct route to the nearest highway that has been designated 
 18.27  under section 169.832, subdivision 11, may be operated on any 
 18.28  highway with gross weights permitted under sections 169.822 to 
 18.29  169.829 without regard to load restrictions imposed on that 
 18.30  highway, except that such vehicles must: 
 18.31     (1) comply with seasonal load restrictions in effect 
 18.32  between the dates set by the commissioner under section 169.87, 
 18.33  subdivision 2; 
 18.34     (2) comply with bridge load limits posted under section 
 18.35  169.84; 
 18.36     (3) be equipped and operated with six axles and brakes; 
 19.1      (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 
 19.2   gross weight during the time when seasonal increases are 
 19.3   authorized under section 169.826; 
 19.4      (5) not be operated on interstate and defense highways; 
 19.5      (6) obtain an annual permit from the commissioner of 
 19.6   transportation; and 
 19.7      (7) obey all road postings.  
 19.8      Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 19.9   169.86, subdivision 5, is amended to read: 
 19.10     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 19.11  commissioner, with respect to highways under the commissioner's 
 19.12  jurisdiction, may charge a fee for each permit issued.  All such 
 19.13  fees for permits issued by the commissioner of transportation 
 19.14  shall be deposited in the state treasury and credited to the 
 19.15  trunk highway fund.  Except for those annual permits for which 
 19.16  the permit fees are specified elsewhere in this chapter, the 
 19.17  fees shall be: 
 19.18     (a) $15 for each single trip permit. 
 19.19     (b) $36 for each job permit.  A job permit may be issued 
 19.20  for like loads carried on a specific route for a period not to 
 19.21  exceed two months.  "Like loads" means loads of the same 
 19.22  product, weight, and dimension. 
 19.23     (c) $60 for an annual permit to be issued for a period not 
 19.24  to exceed 12 consecutive months.  Annual permits may be issued 
 19.25  for: 
 19.26     (1) motor vehicles used to alleviate a temporary crisis 
 19.27  adversely affecting the safety or well-being of the public; 
 19.28     (2) motor vehicles which travel on interstate highways and 
 19.29  carry loads authorized under subdivision 1a; 
 19.30     (3) motor vehicles operating with gross weights authorized 
 19.31  under section 169.826, subdivision 1a; 
 19.32     (4) special pulpwood vehicles described in section 169.863; 
 19.33     (5) motor vehicles bearing snowplow blades not exceeding 
 19.34  ten feet in width; and 
 19.35     (6) noncommercial transportation of a boat by the owner or 
 19.36  user of the boat. 
 20.1      (d) $120 for an oversize annual permit to be issued for a 
 20.2   period not to exceed 12 consecutive months.  Annual permits may 
 20.3   be issued for:  
 20.4      (1) mobile cranes; 
 20.5      (2) construction equipment, machinery, and supplies; 
 20.6      (3) manufactured homes; 
 20.7      (4) implements of husbandry when the movement is not made 
 20.8   according to the provisions of paragraph (i); 
 20.9      (5) double-deck buses; 
 20.10     (6) commercial boat hauling.  
 20.11     (e) For vehicles which have axle weights exceeding the 
 20.12  weight limitations of sections 169.822 to 169.829, an additional 
 20.13  cost added to the fees listed above.  However, this paragraph 
 20.14  applies to any vehicle described in section 168.013, subdivision 
 20.15  3, paragraph (b), but only when the vehicle exceeds its gross 
 20.16  weight allowance set forth in that paragraph, and then the 
 20.17  additional cost is for all weight, including the allowance 
 20.18  weight, in excess of the permitted maximum axle weight.  The 
 20.19  additional cost is equal to the product of the distance traveled 
 20.20  times the sum of the overweight axle group cost factors shown in 
 20.21  the following chart:  
 20.22                 Overweight Axle Group Cost Factors 
 20.23  Weight (pounds)         Cost Per Mile For Each Group Of:
 20.24  exceeding       Two consec-     Three consec-   Four consec-
 20.25  weight          utive axles     utive axles     utive axles
 20.26  limitations     spaced within   spaced within   spaced within
 20.27  on axles        8 feet or less  9 feet or less  14 feet or less 
 20.28       0-2,000    .12             .05             .04
 20.29   2,001-4,000    .14             .06             .05
 20.30   4,001-6,000    .18             .07             .06
 20.31   6,001-8,000    .21             .09             .07
 20.32   8,001-10,000   .26             .10             .08
 20.33  10,001-12,000   .30             .12             .09
 20.34  12,001-14,000   Not permitted   .14             .11
 20.35  14,001-16,000   Not permitted   .17             .12
 20.36  16,001-18,000   Not permitted   .19             .15
 21.1   18,001-20,000   Not permitted   Not permitted   .16
 21.2   20,001-22,000   Not permitted   Not permitted   .20
 21.3   The amounts added are rounded to the nearest cent for each axle 
 21.4   or axle group.  The additional cost does not apply to paragraph 
 21.5   (c), clauses (1) and (3).  
 21.6   For a vehicle found to exceed the appropriate maximum permitted 
 21.7   weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 21.8   a ton, over the permitted maximum weight is imposed in addition 
 21.9   to the normal permit fee.  Miles must be calculated based on the 
 21.10  distance already traveled in the state plus the distance from 
 21.11  the point of detection to a transportation loading site or 
 21.12  unloading site within the state or to the point of exit from the 
 21.13  state. 
 21.14     (f) As an alternative to paragraph (e), an annual permit 
 21.15  may be issued for overweight, or oversize and overweight, 
 21.16  construction equipment, machinery, and supplies.  The fees for 
 21.17  the permit are as follows:  
 21.18  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 21.19       90,000 or less                             $200
 21.20       90,001 - 100,000                           $300
 21.21      100,001 - 110,000                           $400
 21.22      110,001 - 120,000                           $500
 21.23      120,001 - 130,000                           $600
 21.24      130,001 - 140,000                           $700
 21.25      140,001 - 145,000                           $800
 21.26  If the gross weight of the vehicle is more than 145,000 pounds 
 21.27  the permit fee is determined under paragraph (e). 
 21.28     (g) For vehicles which exceed the width limitations set 
 21.29  forth in section 169.80 by more than 72 inches, an additional 
 21.30  cost equal to $120 added to the amount in paragraph (a) when the 
 21.31  permit is issued while seasonal load restrictions pursuant to 
 21.32  section 169.87 are in effect. 
 21.33     (h) $85 for an annual permit to be issued for a period not 
 21.34  to exceed 12 months, for refuse-compactor vehicles that carry a 
 21.35  gross weight of not more than:  22,000 pounds on a single rear 
 21.36  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 22.1   section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 22.2   axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 22.3   axle must limit the gross vehicle weight to not more than 62,000 
 22.4   pounds. 
 22.5      (i) For vehicles exclusively transporting implements of 
 22.6   husbandry, an annual permit fee of $24.  A vehicle operated 
 22.7   under a permit authorized by this paragraph may be moved at the 
 22.8   discretion of the permit holder without prior route approval by 
 22.9   the commissioner if: 
 22.10     (1) the total width of the transporting vehicle, including 
 22.11  load, does not exceed 14 feet; 
 22.12     (2) the vehicle is operated only between sunrise and 30 
 22.13  minutes after sunset, and is not operated at any time after 
 22.14  12:00 noon on Sundays or holidays; 
 22.15     (3) the vehicle is not operated when visibility is impaired 
 22.16  by weather, fog, or other conditions that render persons and 
 22.17  other vehicles not clearly visible at 500 feet; 
 22.18     (4) the vehicle displays at the front and rear of the load 
 22.19  or vehicle a pair of flashing amber lights, as provided in 
 22.20  section 169.59, subdivision 4, whenever the overall width of the 
 22.21  vehicle exceeds 126 inches; and 
 22.22     (5) the vehicle is not operated on a trunk highway with a 
 22.23  surfaced roadway width of less than 24 feet unless such 
 22.24  operation is authorized by the permit. 
 22.25  A permit under this paragraph authorizes movements of the 
 22.26  permitted vehicle on an interstate highway, and movements of 75 
 22.27  miles or more on other highways. 
 22.28     (j) $200 for an annual permit for a vehicle operating under 
 22.29  authority of section 169.824, subdivision 2, paragraph (a), 
 22.30  clause (2).  
 22.31     (k) $300 for a motor vehicle described in section 
 22.32  169.8261.  The fee under this paragraph must be deposited as 
 22.33  follows: 
 22.34     (1) In fiscal years 2005 through 2010: 
 22.35     (i) The first $50,000 in each fiscal year must be deposited 
 22.36  in the trunk highway fund. 
 23.1      (ii) All remaining money in each fiscal year must be 
 23.2   deposited in a bridge inspection and signing account in the 
 23.3   special revenue fund.  Money in the account is appropriated to 
 23.4   the commissioner for: 
 23.5      (A) inspection of local bridges and identification of local 
 23.6   bridges to be posted, including contracting with a consultant 
 23.7   for some or all of these functions; and 
 23.8      (B) erection of weight posting signs on local bridges. 
 23.9      (2) In fiscal year 2011 and subsequent years, all fees 
 23.10  under this paragraph must be deposited in the trunk highway fund.
 23.11     Sec. 28.  Minnesota Statutes 2002, section 169.87, 
 23.12  subdivision 4, is amended to read: 
 23.13     Subd. 4.  [VEHICLE TRANSPORTING MILK.] Until June 1, ~~2003~~ 
 23.14  2005, a weight restriction imposed under subdivision 1 by the 
 23.15  commissioner of transportation or a local road authority, or 
 23.16  imposed by subdivision 2, does not apply to a vehicle 
 23.17  transporting milk from the point of production to the point of 
 23.18  first processing if, at the time the weight restriction is 
 23.19  exceeded, the vehicle is carrying milk loaded at only one point 
 23.20  of production.  This subdivision does not authorize a vehicle 
 23.21  described in this subdivision to exceed a weight restriction of 
 23.22  five tons per axle by more than two tons per axle. 
 23.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 23.24  following final enactment.  
 23.25     Sec. 29.  Minnesota Statutes 2002, section 169.87, 
 23.26  subdivision 6, is amended to read: 
 23.27     Subd. 6.  [RECYCLING AND GARBAGE VEHICLES.] (a) Except as 
 23.28  provided in paragraph (b), weight restrictions imposed under 
 23.29  subdivisions 1 and 2 do not apply to a ~~two-axle~~ vehicle that 
 23.30  does not exceed 20,000 pounds per single axle and is designed 
 23.31  and used exclusively for recycling, while engaged in recycling 
 23.32  in a political subdivision that mandates curbside recycling 
 23.33  pickup. 
 23.34     (b) Until July 1, 2005, weight restrictions imposed under 
 23.35  subdivisions 1 and 2 do not apply to (1) a vehicle that does not 
 23.36  exceed 14,000 pounds per single axle and is used exclusively for 
 24.1   recycling as described in paragraph (a), or (2) a vehicle that 
 24.2   does not exceed 14,000 pounds per single axle and is designed 
 24.3   and used exclusively for collecting mixed municipal solid waste, 
 24.4   as defined in section 115A.03, subdivision 21, while engaged in 
 24.5   such collection. 
 24.6      (c) Notwithstanding section 169.80, subdivision 1, a 
 24.7   violation of weight restrictions imposed under subdivisions 1 
 24.8   and 2 by a vehicle designed and used exclusively for recycling 
 24.9   while engaged in recycling in a political subdivision that 
 24.10  mandates curbside recycling pickup while engaged in such 
 24.11  collection, or by a vehicle that is designed and used 
 24.12  exclusively for collecting mixed municipal solid waste as 
 24.13  defined in section 115A.03, subdivision 21, while engaged in 
 24.14  such collection, is not subject to criminal penalties but is 
 24.15  subject to a civil penalty for excess weight under section 
 24.16  169.871. 
 24.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 24.18  following final enactment.  
 24.19     Sec. 30.  Minnesota Statutes 2002, section 169.99, 
 24.20  subdivision 1b, is amended to read: 
 24.21     Subd. 1b.  [SPEED.] The uniform traffic ticket must provide 
 24.22  a blank or space wherein: 
 24.23     (1) an officer who issues a citation for a violation of 
 24.24  section 169.14, subdivision 2, paragraph (a), clause (3), must 
 24.25  specify whether the speed was greater than ten miles per hour in 
 24.26  excess of the lawful speed; 
 24.27     (2) an officer who issues a citation for exceeding a speed 
 24.28  limit of 60 miles per hour must specify whether the speed was 
 24.29  greater than five miles per hour in excess of the lawful speed; 
 24.30  and 
 24.31     (3) an officer who issues a citation for a violation of 
 24.32  section 169.14, subdivision 2, paragraph (a), clause (2), (4), 
 24.33  or (5), must specify whether the speed was greater than ten 
 24.34  miles per hour in excess of the lawful speed. 
 24.35     <b>[EFFECTIVE DATE.]</b> This section is effective June 1, 2004.  
 24.36     Sec. 31.  Minnesota Statutes 2002, section 171.05, 
 25.1   subdivision 1, is amended to read: 
 25.2      Subdivision 1.  [PERSON 18 OR MORE YEARS OF AGE.] Any 
 25.3   person who is 18 or more years of age and who, except for a lack 
 25.4   of instruction in operating a motor vehicle, would otherwise be 
 25.5   qualified to obtain a class D driver's license under this 
 25.6   chapter, may apply for an instruction permit and the department 
 25.7   shall issue such permit entitling the applicant, while having 
 25.8   such permit in immediate possession, to drive a motor vehicle 
 25.9   for which a class D license is valid upon the highways for a 
 25.10  period of ~~one year~~ two years, but such person must be 
 25.11  accompanied by an adult licensed driver who is actually 
 25.12  occupying a seat beside the driver.  Any license of a lower 
 25.13  class may be used as an instruction permit for a higher class 
 25.14  for a period of six months after passage of the written test or 
 25.15  tests required for the higher class and when the licensee is 
 25.16  accompanied by and receiving instruction from a holder of the 
 25.17  appropriate higher class license.  A copy of the record of 
 25.18  examination taken for the higher class license must be carried 
 25.19  by the driver while using such lower class license as an 
 25.20  instruction permit.  
 25.21     Sec. 32.  Minnesota Statutes 2002, section 171.05, 
 25.22  subdivision 2, is amended to read: 
 25.23     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 25.24  Notwithstanding any provision in subdivision 1 to the contrary, 
 25.25  the department may issue an instruction permit to an applicant 
 25.26  who is 15, 16, or 17 years of age and who: 
 25.27     (1) has completed a course of driver education in another 
 25.28  state, has a previously issued valid license from another state, 
 25.29  or is enrolled in either: 
 25.30     (i) a public, private, or commercial driver education 
 25.31  program that is approved by the commissioner of public safety 
 25.32  and that includes classroom and behind-the-wheel training; or 
 25.33     (ii) an approved behind-the-wheel driver education program 
 25.34  when the student is receiving full-time instruction in a home 
 25.35  school within the meaning of sections 120A.22 and 120A.24, the 
 25.36  student is working toward a home-school diploma, the student's 
 26.1   status as a home-school student has been certified by the 
 26.2   superintendent of the school district in which the student 
 26.3   resides, and the student is taking home-classroom driver 
 26.4   training with classroom materials approved by the commissioner 
 26.5   of public safety; 
 26.6      (2) has completed the classroom phase of instruction in the 
 26.7   driver education program; 
 26.8      (3) has passed a test of the applicant's eyesight; 
 26.9      (4) has passed a department-administered test of the 
 26.10  applicant's knowledge of traffic laws; 
 26.11     (5) has completed the required application, which must be 
 26.12  approved by (i) either parent when both reside in the same 
 26.13  household as the minor applicant or, if otherwise, then (ii) the 
 26.14  parent or spouse of the parent having custody or, in the event 
 26.15  there is no court order for custody, then (iii) the parent or 
 26.16  spouse of the parent with whom the minor is living or, if items 
 26.17  (i) to (iii) do not apply, then (iv) the guardian having custody 
 26.18  of the minor or, in the event a person under the age of 18 has 
 26.19  no living father, mother, or guardian, or is married or 
 26.20  otherwise legally emancipated, then (v) the applicant's adult 
 26.21  spouse, adult close family member, or adult employer; provided, 
 26.22  that the approval required by this clause contains a 
 26.23  verification of the age of the applicant and the identity of the 
 26.24  parent, guardian, adult spouse, adult close family member, or 
 26.25  adult employer; and 
 26.26     (6) has paid the fee required in section 171.06, 
 26.27  subdivision 2. 
 26.28     (b) The instruction permit is valid for ~~one year~~ two years 
 26.29  from the date of application and may be renewed upon payment of 
 26.30  a fee equal to the fee for issuance of an instruction permit 
 26.31  under section 171.06, subdivision 2. 
 26.32     Sec. 33.  Minnesota Statutes 2002, section 171.12, 
 26.33  subdivision 6, is amended to read: 
 26.34     Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] The 
 26.35  department shall not keep on the record of a driver any 
 26.36  conviction for: 
 27.1      (1) a violation of section 169.14, subdivision 2, paragraph 
 27.2   (a), clause (3), unless the violation consisted of a speed 
 27.3   greater than ten miles per hour in excess of the lawful speed; 
 27.4      (2) a violation of a speed limit of 60 miles per hour 
 27.5   unless the violation consisted of a speed greater than five 
 27.6   miles per hour in excess of the lawful speed; or 
 27.7      (3) a violation of section 169.14, subdivision 2, paragraph 
 27.8   (a), clause (2), (4), or (5), unless the violation consisted of 
 27.9   a speed greater than ten miles per hour in excess of the lawful 
 27.10  speed. 
 27.11     <b>[EFFECTIVE DATE.]</b> This section is effective June 1, 2004.  
 27.12     Sec. 34.  Minnesota Statutes 2002, section 171.165, 
 27.13  subdivision 1, is amended to read: 
 27.14     Subdivision 1.  [FIRST VIOLATION.] Subject to section 
 27.15  171.166, the commissioner shall disqualify a person from 
 27.16  operating commercial motor vehicles for one year upon receiving 
 27.17  a record of the first conviction of the person for committing a 
 27.18  violation of any of the following offenses while operating a 
 27.19  ~~commercial~~ motor vehicle: 
 27.20     (1) section 169A.20 or 169A.31; 
 27.21     (2) section 169.09, subdivision 1 or 2; 
 27.22     (3) a felony, other than a felony described in subdivision 
 27.23  3, paragraph (a), clause (2), item (ii); 
 27.24     (4) driving with a revoked, suspended, canceled, denied, or 
 27.25  disqualified commercial driver's license; 
 27.26     (5) causing a fatality through the negligent or criminal 
 27.27  operation of a commercial motor vehicle; or 
 27.28     (6) an offense committed in another state that would be 
 27.29  grounds for disqualification under this subdivision or 
 27.30  subdivision 2 if committed in Minnesota. 
 27.31     Sec. 35.  Minnesota Statutes 2002, section 171.165, 
 27.32  subdivision 4, is amended to read: 
 27.33     Subd. 4.  [SERIOUS TRAFFIC VIOLATION.] On receiving a 
 27.34  record of conviction and subject to section 171.166, the 
 27.35  commissioner shall disqualify a person from operating commercial 
 27.36  motor vehicles for 60 days if the person is convicted of two 
 28.1   serious traffic violations, or 120 days if convicted of three 
 28.2   serious traffic violations.  The violations must involve 
 28.3   separate incidents and must have been committed in a ~~commercial~~ 
 28.4   motor vehicle within a three-year period.  For purposes of this 
 28.5   subdivision, a serious traffic violation includes the following: 
 28.6      (1) following too closely under section 169.18, subdivision 
 28.7   8; 
 28.8      (2) erratic lane change under sections 169.18, subdivisions 
 28.9   3 and 7; and 169.19, subdivision 4; 
 28.10     (3) operating the ~~commercial~~ vehicle at a speed 15 miles 
 28.11  per hour or more above the posted speed limit; 
 28.12     (4) reckless or careless driving under section 169.13; 
 28.13     (5) fleeing a peace officer under section 609.487; 
 28.14     (6) a violation of a moving traffic statute of Minnesota or 
 28.15  any state, or an ordinance in conformity with a Minnesota 
 28.16  statute, that arose in connection with a fatal accident; 
 28.17     (7) operating a commercial motor vehicle without the proper 
 28.18  class of commercial driver's license or endorsements for the 
 28.19  type of vehicle being operated; and 
 28.20     (8) operating a commercial motor vehicle without a 
 28.21  commercial driver's license in immediate possession, unless the 
 28.22  person provides proof to the court that, on the date of the 
 28.23  citation, the person held a valid commercial driver's license of 
 28.24  the proper class and with the proper endorsements. 
 28.25     Sec. 36.  Minnesota Statutes 2002, section 171.165, is 
 28.26  amended by adding a subdivision to read: 
 28.27     Subd. 8.  [ADOPTION OF FEDERAL REGULATIONS.] Code of 
 28.28  Federal Regulations, title 49, section 383.51, is incorporated 
 28.29  by reference. 
 28.30     Sec. 37.  Minnesota Statutes 2003 Supplement, section 
 28.31  171.20, subdivision 4, is amended to read: 
 28.32     Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 28.33  reinstated, (1) a person whose driver's license has been 
 28.34  suspended under section 171.16, subdivision 2; 171.18, except 
 28.35  subdivision 1, clause (10); or 171.182, or who has been 
 28.36  disqualified from holding a commercial driver's license under 
 29.1   section 171.165, and (2) a person whose driver's license has 
 29.2   been suspended under section 171.186 and who is not exempt from 
 29.3   such a fee, must pay a fee of $20.  
 29.4      (b) Before the license is reinstated, a person whose 
 29.5   license has been suspended ~~or revoked~~ under sections 169.791 to 
 29.6   169.798 must pay a $20 reinstatement fee. 
 29.7      (c) When fees are collected by a licensing agent appointed 
 29.8   under section 171.061, a handling charge is imposed in the 
 29.9   amount specified under section 171.061, subdivision 4.  The 
 29.10  reinstatement fee and surcharge must be deposited in an approved 
 29.11  state depository as directed under section 171.061, subdivision 
 29.12  4.  
 29.13     (d) A suspension may be rescinded without fee for good 
 29.14  cause. 
 29.15     Sec. 38.  [171.324] [HAZARDOUS MATERIALS LICENSE 
 29.16  ENDORSEMENT BACKGROUND CHECKS.] 
 29.17     Subdivision 1.  [ENDORSEMENT; FEE; ACCOUNT; 
 29.18  APPROPRIATION.] (a) Before being issued or renewing a class C, 
 29.19  class B, or class A driver's license with a hazardous materials 
 29.20  endorsement, an applicant must comply with the federal 
 29.21  regulations incorporated in this section. 
 29.22     (b) The commissioner may charge the applicant a fee of up 
 29.23  to $100 to cover the department's actual costs of conducting the 
 29.24  required background check of persons applying for a Minnesota 
 29.25  driver's license with a hazardous materials endorsement.  The 
 29.26  proceeds of the fee must be deposited in an account in the 
 29.27  special revenue fund.  Money in the account is annually 
 29.28  appropriated to the commissioner to pay the actual costs 
 29.29  associated with conducting the required background checks. 
 29.30     Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
 29.31  107-56, section 1012, as implemented in Code of Federal 
 29.32  Regulations, title 49, part 1572, is incorporated by reference 
 29.33  except for sections 1572.9 and 1572.11. 
 29.34     Subd. 3.  [RULES.] The commissioner may adopt rules 
 29.35  pursuant to section 14.388, subdivision 1, clause (1), in order 
 29.36  to implement this section. 
 30.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 30.2   following final enactment. 
 30.3      Sec. 39.  Minnesota Statutes 2002, section 174.03, is 
 30.4   amended by adding a subdivision to read: 
 30.5      Subd. 10.  [PROMOTION OF BICYCLE COMMUTING.] To conserve 
 30.6   energy, alleviate traffic congestion, improve employee health 
 30.7   through increased physical activity, decrease demand for motor 
 30.8   vehicle parking, and minimize the environmental impact of 
 30.9   commuting by singly occupied motor vehicles, the commissioner of 
 30.10  transportation must promote bicycle commuting.  As part of 
 30.11  promoting bicycle commuting, the commissioner must: 
 30.12     (1) consider the effect on bicycle commuting in the design 
 30.13  of transportation facilities throughout the state; 
 30.14     (2) encourage employers who are making capital improvements 
 30.15  to their facilities to incorporate design elements that will 
 30.16  facilitate bicycle commuting, such as bike racks, indoor or 
 30.17  outdoor sheltered bicycle parking, high-security bicycle 
 30.18  parking, showers, and dressing areas for bikers; and 
 30.19     (3) encourage employers that provide parking or other 
 30.20  subsidies for drivers to provide subsidies for bicycle commuters.
 30.21     Sec. 40.  [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM.] 
 30.22     The commissioner shall develop a plan for a statewide 
 30.23  system of ten-ton county and county state-aid highways to, in 
 30.24  order of priority: 
 30.25     (1) support the commissioner's interregional corridor 
 30.26  system; 
 30.27     (2) provide greater efficiencies for forestry, agriculture, 
 30.28  and other industries in transporting their produce to market; 
 30.29  and 
 30.30     (3) provide new and existing manufacturing industries with 
 30.31  new growth opportunities. 
 30.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 30.33     Sec. 41.  Minnesota Statutes 2002, section 179A.03, 
 30.34  subdivision 7, is amended to read: 
 30.35     Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 30.36  firefighters, peace officers subject to licensure under sections 
 31.1   626.84 to 626.863, 911 system and police and fire department 
 31.2   public safety dispatchers, guards at correctional facilities, 
 31.3   confidential employees, supervisory employees, assistant county 
 31.4   attorneys, assistant city attorneys, principals, and assistant 
 31.5   principals.  However, for state employees, "essential employee" 
 31.6   means all employees in law enforcement, public safety radio 
 31.7   communications operators, health care professionals, 
 31.8   correctional guards, professional engineering, and supervisory 
 31.9   collective bargaining units, irrespective of severance, and no 
 31.10  other employees.  For University of Minnesota employees, 
 31.11  "essential employee" means all employees in law enforcement, 
 31.12  nursing professional and supervisory units, irrespective of 
 31.13  severance, and no other employees.  "Firefighters" means 
 31.14  salaried employees of a fire department whose duties include, 
 31.15  directly or indirectly, controlling, extinguishing, preventing, 
 31.16  detecting, or investigating fires.  Employees for whom the state 
 31.17  court administrator is the negotiating employer are not 
 31.18  essential employees. 
 31.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 31.20     Sec. 42.  Minnesota Statutes 2002, section 179A.10, 
 31.21  subdivision 2, is amended to read: 
 31.22     Subd. 2.  [STATE EMPLOYEES.] Unclassified employees, unless 
 31.23  otherwise excluded, are included within the units which include 
 31.24  the classifications to which they are assigned for purposes of 
 31.25  compensation.  Supervisory employees shall only be assigned to 
 31.26  units 12 and 16.  The following are the appropriate units of 
 31.27  executive branch state employees:  
 31.28     (1) Law Enforcement Unit; 
 31.29     (2) Craft, Maintenance, and Labor unit; 
 31.30     (3) Service Unit; 
 31.31     (4) Health Care Nonprofessional Unit; 
 31.32     (5) Health Care Professional Unit; 
 31.33     (6) Clerical and Office Unit; 
 31.34     (7) Technical Unit; 
 31.35     (8) Correctional Guards Unit; 
 31.36     (9) State University Instructional Unit; 
 32.1      (10) State College Instructional Unit; 
 32.2      (11) State University Administrative Unit; 
 32.3      (12) Professional Engineering Unit; 
 32.4      (13) Health Treatment Unit; 
 32.5      (14) General Professional Unit; 
 32.6      (15) Professional State Residential Instructional Unit; ~~and~~ 
 32.7      (16) Supervisory Employees Unit; and 
 32.8      (17) Public Safety Radio Communications Operator Unit.  
 32.9      Each unit consists of the classifications or positions 
 32.10  assigned to it in the schedule of state employee job 
 32.11  classification and positions maintained by the commissioner.  
 32.12  The commissioner may only make changes in the schedule in 
 32.13  existence on the day prior to August 1, 1984, as required by law 
 32.14  or as provided in subdivision 4. 
 32.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.  
 32.16     Sec. 43.  Minnesota Statutes 2002, section 299D.08, is 
 32.17  amended to read: 
 32.18     299D.08 [TRAFFIC CITATION QUOTA PROHIBITED.] 
 32.19     The State Patrol or a law enforcement agency shall not 
 32.20  order, mandate, require, or suggest to a patrol trooper, 
 32.21  commercial vehicle inspector, or law compliance representative 
 32.22  that the patrol trooper, inspector, or representative issue a 
 32.23  certain number of traffic citations on a daily, weekly, monthly, 
 32.24  quarterly, or yearly quota basis. 
 32.25     Sec. 44.  Minnesota Statutes 2002, section 360.015, is 
 32.26  amended by adding a subdivision to read: 
 32.27     Subd. 6a.  [STATE AVIATION PLAN.] The commissioner must 
 32.28  prepare a 20-year state aviation plan that addresses all key and 
 32.29  intermediate airports in Minnesota.  The commissioner shall 
 32.30  consult with the Metropolitan Airports Commission in preparing 
 32.31  the plan.  The commissioner shall adopt the plan by January 1, 
 32.32  2006, and adopt an updated version of the plan every five years 
 32.33  thereafter. 
 32.34     Sec. 45.  Minnesota Statutes 2002, section 609.531, 
 32.35  subdivision 1, is amended to read: 
 32.36     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 33.1   609.531 to 609.5318, the following terms have the meanings given 
 33.2   them.  
 33.3      (a) "Conveyance device" means a device used for 
 33.4   transportation and includes, but is not limited to, a motor 
 33.5   vehicle, trailer, snowmobile, airplane, and vessel and any 
 33.6   equipment attached to it.  The term "conveyance device" does not 
 33.7   include property which is, in fact, itself stolen or taken in 
 33.8   violation of the law.  
 33.9      (b) "Weapon used" means a dangerous weapon as defined under 
 33.10  section 609.02, subdivision 6, that the actor used or had in 
 33.11  possession in furtherance of a crime.  
 33.12     (c) "Property" means property as defined in section 609.52, 
 33.13  subdivision 1, clause (1).  
 33.14     (d) "Contraband" means property which is illegal to possess 
 33.15  under Minnesota law.  
 33.16     (e) "Appropriate agency" means the Bureau of Criminal 
 33.17  Apprehension, the Minnesota Division of Driver and Vehicle 
 33.18  Services, the Minnesota State Patrol, a county sheriff's 
 33.19  department, the Suburban Hennepin Regional Park District park 
 33.20  rangers, the Department of Natural Resources Division of 
 33.21  Enforcement, the University of Minnesota Police Department, or a 
 33.22  city or airport police department.  
 33.23     (f) "Designated offense" includes:  
 33.24     (1) for weapons used:  any violation of this chapter, 
 33.25  chapter 152, or chapter 624; 
 33.26     (2) for driver's license or identification card 
 33.27  transactions:  any violation of section 171.22; and 
 33.28     (3) for all other purposes:  a felony violation of, or a 
 33.29  felony-level attempt or conspiracy to violate, section 325E.17; 
 33.30  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 33.31  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 33.32  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 33.33  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 33.34  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 33.35  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 33.36  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 34.1   609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 34.2   609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 34.3   12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 34.4   609.895; 617.246; or a gross misdemeanor or felony violation of 
 34.5   section 609.891 or 624.7181; or any violation of section 609.324.
 34.6      (g) "Controlled substance" has the meaning given in section 
 34.7   152.01, subdivision 4.  
 34.8      Sec. 46.  [TRANSITION.] 
 34.9      Subdivision 1.  [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 
 34.10  The commissioner of the Bureau of Mediation Services shall 
 34.11  assign the job classifications and positions of employees 
 34.12  working as public safety radio communications operators to state 
 34.13  employee bargaining unit 17. 
 34.14     Subd. 2.  [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 
 34.15  and conditions of the collective bargaining agreement, memoranda 
 34.16  of understanding, or other salary and benefit provisions 
 34.17  covering public safety radio communications operators 
 34.18  immediately before the effective date of this section remain in 
 34.19  effect until a successor agreement between the commissioner of 
 34.20  employee relations and the exclusive representative of 
 34.21  bargaining unit 17 becomes effective, subject to Minnesota 
 34.22  Statutes, section 179A.20, subdivision 6. 
 34.23     Subd. 3.  [EXCLUSIVE REPRESENTATIVE.] The employee 
 34.24  organization that is the exclusive representative of employees 
 34.25  assigned to bargaining unit 17 on the day before the effective 
 34.26  date of this section must be certified by the commissioner of 
 34.27  the Bureau of Mediation Services as the exclusive representative 
 34.28  of newly created bargaining unit 17, subject to future changes 
 34.29  as provided in Minnesota Statutes, section 179A.12.  For 
 34.30  employees assigned to bargaining unit 17, the exclusive 
 34.31  representative retains all rights and obligations under the 
 34.32  contract governing these employees immediately before the 
 34.33  effective date of this section, so long as that contract 
 34.34  continues to apply to those employees. 
 34.35     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.  
 34.36     Sec. 47.  [REPORT REQUIRED.] 
 35.1      The commissioner of transportation shall conduct 
 35.2   engineering and traffic investigations of speeds on trunk 
 35.3   highways and interstate freeways that (1) are part of the United 
 35.4   States highway numbering system, and (2) have a speed limit of 
 35.5   55 miles per hour in the case of trunk highways and 70 miles per 
 35.6   hour in the case of interstate freeways.  After conducting the 
 35.7   engineering and traffic investigation on any such highway, the 
 35.8   commissioner shall designate a speed limit of 60 miles per hour 
 35.9   on trunk highways and 75 miles per hour on interstate freeways 
 35.10  if the commissioner determines on the basis of the investigation 
 35.11  that such a speed limit is reasonable, safe, and unlikely to 
 35.12  raise the medical costs associated with motor vehicle crashes.  
 35.13  The commissioner shall report by February 1, 2005, to the chairs 
 35.14  of the legislative committees having jurisdiction over 
 35.15  transportation policy and finance on each highway on which the 
 35.16  commissioner has conducted an engineering and traffic 
 35.17  investigation under this section, and in each case describe the 
 35.18  results of the investigation and the commissioner's ensuing 
 35.19  action. 
 35.20     <b>[EFFECTIVE DATE.]</b> This section is effective June 1, 2004.  
 35.21     Sec. 48.  [NOT TO AFFECT BRIDGE POSTINGS.] 
 35.22     Nothing in sections 25 and 26 authorizes operation of any 
 35.23  vehicle on any bridge in violation of gross weight limitations 
 35.24  lawfully posted for that bridge. 
 35.25     Sec. 49.  [NORTHSTAR COMMUTER COACH.] 
 35.26     The commissioner of transportation shall attempt to do 
 35.27  everything possible to extend the Northstar commuter coach 
 35.28  service for another year, including but not limited to possible 
 35.29  fare increases.  
 35.30     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004.  
 35.31     Sec. 50.  [REPEALER.] 
 35.32     Minnesota Statutes 2002, section 169.685, subdivision 4, is 
 35.33  repealed. 
 35.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2005, 
 35.35  and applies to actions commenced on or after that date.  
 35.36                             ARTICLE 2
 36.1                           LAND MANAGEMENT 
 36.2      Section 1.  Minnesota Statutes 2003 Supplement, section 
 36.3   13.44, subdivision 3, is amended to read: 
 36.4      Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a) 
 36.5   [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
 36.6   appraised values of individual parcels of real property which 
 36.7   are made by personnel of the state, its agencies and 
 36.8   departments, or a political subdivision or by independent 
 36.9   appraisers acting for the state, its agencies and departments, 
 36.10  or a political subdivision for the purpose of selling or 
 36.11  acquiring land through purchase or condemnation are classified 
 36.12  as confidential data on individuals or protected nonpublic data. 
 36.13     (b) [PRIVATE OR NONPUBLIC DATA.] Appraised values of 
 36.14  individual parcels of real property which are made by appraisers 
 36.15  working for fee owners or contract purchasers who have received 
 36.16  an offer to purchase their property from the state, its agencies 
 36.17  and departments, or a political subdivision are classified as 
 36.18  private data on individuals or nonpublic data. 
 36.19     (c) [PUBLIC DATA.] The data made confidential or protected 
 36.20  nonpublic by the provisions of paragraph (a), or private or 
 36.21  nonpublic by the provisions of paragraph (b), shall become 
 36.22  public upon the occurrence of any of the following:  
 36.23     (1) ~~the negotiating parties exchange appraisals;~~ 
 36.24     ~~(2)~~ the data are submitted to a court appointed 
 36.25  condemnation commissioner; 
 36.26     ~~(3)~~ (2) the data are presented in court in condemnation 
 36.27  proceedings; or 
 36.28     ~~(4)~~ (3) the negotiating parties enter into an agreement for 
 36.29  the purchase and sale of the property~~; or~~ 
 36.30     ~~(5) the data are submitted to the owner under section~~ 
 36.31  ~~117.036~~. 
 36.32     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 36.33  following final enactment. 
 36.34     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 36.35  117.036, is amended to read: 
 36.36     117.036 [APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE 
 37.1   TO ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES.] 
 37.2      Subdivision 1.  [APPLICATION.] This section applies to the 
 37.3   acquisition of property for public highways, streets, roads, 
 37.4   alleys, airports, mass transit facilities, or for other 
 37.5   transportation facilities or purposes. 
 37.6      Subd. 2.  [APPRAISAL.] (a) Before ~~commencing an eminent~~ 
 37.7   ~~domain proceeding under this chapter~~ acquiring an interest in 
 37.8   real property, the acquiring authority must obtain at least one 
 37.9   appraisal for the property proposed to be acquired.  In making 
 37.10  the appraisal, the appraiser must confer with one or more of the 
 37.11  fee owners or contract purchasers of the property, if reasonably 
 37.12  possible.  Notwithstanding section 13.44 or any other law to the 
 37.13  contrary, the acquiring authority must provide the fee owner or 
 37.14  contract purchaser with a copy of the appraisal at least 20 days 
 37.15  before presenting a petition under section 117.055, ~~the~~ 
 37.16  ~~acquiring authority must provide the owner with a copy of the~~ 
 37.17  ~~appraisal~~ and inform the ~~owner of the owner's~~ fee owner or 
 37.18  contract purchaser of the fee owner's or contract purchaser's 
 37.19  right to obtain an appraisal under this section.  Upon request, 
 37.20  the acquiring authority must make available to the fee owner or 
 37.21  contract purchaser all appraisals of the property. 
 37.22     (b) The fee owner or contract purchaser may obtain an 
 37.23  appraisal by a qualified appraiser of the property proposed to 
 37.24  be acquired.  The fee owner or contract purchaser is entitled to 
 37.25  reimbursement for the reasonable costs of the appraisal from the 
 37.26  acquiring authority up to a maximum of $1,500 ~~within 30 days~~ 
 37.27  ~~after the owner~~ if the fee owner or contract purchaser submits 
 37.28  to the acquiring authority the information necessary for 
 37.29  reimbursement~~, provided that the owner does so within 60 days~~ 
 37.30  ~~after the owner receives the appraisal from the authority under~~ 
 37.31  ~~paragraph (a)~~.  The acquiring authority must pay the 
 37.32  reimbursement to the fee owner or contract purchaser within 30 
 37.33  days after receiving a copy of the appraisal and the 
 37.34  reimbursement information.  Upon agreement between the fee owner 
 37.35  or contract purchaser and the acquiring authority, the acquiring 
 37.36  authority may pay the reimbursement up to $1,500 directly to the 
 38.1   appraiser. 
 38.2      Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
 38.3   requirements under subdivision 2, before commencing an eminent 
 38.4   domain proceeding, the acquiring authority must make a good 
 38.5   faith attempt to negotiate personally with the fee owner or 
 38.6   contract purchaser of the property in order to acquire the 
 38.7   property by direct purchase instead of the use of eminent domain 
 38.8   proceedings.  In making this negotiation, the acquiring 
 38.9   authority must consider the appraisals in its possession, 
 38.10  including any appraisal obtained and furnished by the fee owner 
 38.11  or contract purchaser if available, and other information that 
 38.12  may be relevant to a determination of damages under this chapter.
 38.13     Subd. 4.  [CONDEMNATION COMMISSIONER'S HEARING.] (a) 
 38.14  Notwithstanding section 13.44, an owner's appraisal may not be 
 38.15  used or considered in a condemnation commissioner's hearing, nor 
 38.16  may the owner's appraiser testify, unless a copy of the owner's 
 38.17  appraiser's written report is provided to the acquiring 
 38.18  authority at least five days before the hearing. 
 38.19     (b) Notwithstanding section 13.44, the acquiring 
 38.20  authority's appraisal may not be used or considered in a 
 38.21  condemnation commissioner's hearing, nor may the acquiring 
 38.22  authority's appraiser testify, unless a copy of the acquiring 
 38.23  authority's appraiser's written report is provided to the owner 
 38.24  or contract purchaser at least five days before the hearing. 
 38.25     Subd. 5.  [INFORMATION TO BE PREPARED.] The commissioner of 
 38.26  transportation, in consultation with the attorney general and 
 38.27  one or more professional associations of real estate appraisers, 
 38.28  shall prepare a publication of not more than two pages that 
 38.29  describes the eminent domain process for transportation 
 38.30  projects, including the reasons for condemnation, the procedures 
 38.31  followed by condemnors, how property owners may influence the 
 38.32  condemnation process, and the rights of property owners affected 
 38.33  by condemnation.  The commissioner shall make this publication 
 38.34  available to all persons on whose property the commissioner has 
 38.35  made an appraisal or to whom the commissioner has made an offer 
 38.36  to purchase.  The commissioner may make the publication 
 39.1   available to other acquiring authorities and may charge a price 
 39.2   to recover the commissioner's costs. 
 39.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2004. 
 39.4      Sec. 3.  Minnesota Statutes 2002, section 117.075, is 
 39.5   amended to read: 
 39.6      117.075 [COURT TO APPOINT COMMISSIONERS.] 
 39.7      Subdivision 1.  [HEARING ON NECESSITY, PURPOSE.] Upon proof 
 39.8   being filed of the service of such notice, the court, at the 
 39.9   time and place therein fixed or to which the hearing may be 
 39.10  adjourned, shall hear all competent evidence offered for or 
 39.11  against the granting of the petition, regulating the order of 
 39.12  proof as it may deem best.  
 39.13     Subd. 2.  [EVIDENCE.] Except as provided in subdivision 3, 
 39.14  if the proposed taking shall appear to be necessary and such as 
 39.15  is authorized by law, the court by an order shall appoint three 
 39.16  disinterested commissioners, and at least two alternates, to 
 39.17  ascertain and report the amount of damages that will be 
 39.18  sustained by the several owners on account of such taking.  
 39.19     Subd. 3.  [EVIDENCE; PROPERTY TAKEN FOR TRANSFER TO ENTITY 
 39.20  WITHOUT TAKING AUTHORITY.] (a) If all or a portion of the 
 39.21  property proposed to be taken may be sold, leased, licensed, 
 39.22  transferred, or otherwise conveyed to a person or entity without 
 39.23  the power of eminent domain, the court shall not authorize the 
 39.24  taking unless the petitioner proves by a preponderance of the 
 39.25  evidence that the taking is reasonably necessary, is authorized 
 39.26  by law, and is for a primarily public purpose.  In the event 
 39.27  that the court determines that a taking is not reasonably 
 39.28  necessary, is not authorized by law, or is not for a public 
 39.29  purpose, the owner may recover from the petitioner reasonable 
 39.30  costs and expenses including attorney fees.  
 39.31     (b) This subdivision does not apply to the Metropolitan 
 39.32  Council Environmental Services Division, public service 
 39.33  corporations, public utilities, gas, electric, telephone or 
 39.34  cable communication companies, cooperative associations, natural 
 39.35  gas pipelines, and crude oil or petroleum products pipelines 
 39.36  that have the right of eminent domain under federal or Minnesota 
 40.1   law.  This subdivision also does not apply to municipal 
 40.2   utilities, municipalities operating municipally owned utilities, 
 40.3   or municipal power agencies when the exercise of the powers of 
 40.4   eminent domain are for the acquisition of property to be used 
 40.5   exclusively for utility operations. 
 40.6      (c) This subdivision is effective August 1, 2004, and 
 40.7   applies to takings for which the acquiring authority obtained 
 40.8   its first appraisal on or after that date. 
 40.9      Subd. 4.  [COMMISSIONER QUALIFICATIONS.] Before appointing 
 40.10  a commissioner, the court shall inquire whether each prospective 
 40.11  commissioner has any relationship, business or otherwise, to any 
 40.12  of the parties in the proceeding, or any interest in the 
 40.13  proceeding which may constitute a conflict of interest, or which 
 40.14  may create the appearance of impropriety should that person be 
 40.15  appointed.  Responses to this inquiry must be either written or 
 40.16  on the record and made available by the court to any party in 
 40.17  the proceeding before and after appointment.  No person who 
 40.18  might have difficulty in rendering an unbiased decision may be 
 40.19  appointed to serve.  The court, in its discretion, may appoint 
 40.20  one registered, practicing attorney to the commission who is 
 40.21  knowledgeable in eminent domain matters.  All other 
 40.22  commissioners appointed must be persons actively engaged in the 
 40.23  occupation of real estate sales or real estate appraising or 
 40.24  persons knowledgeable in real estate values.  
 40.25     Subd. 5.  [FIRST MEETING; OATH.] The order shall fix the 
 40.26  time and place of the first meeting of the three commissioners 
 40.27  and prescribe their compensation.  At the first meeting at the 
 40.28  office of the court administrator of district court the 
 40.29  appointees must be sworn by the court administrator or an 
 40.30  authorized deputy and shall take and sign the following oath 
 40.31  before assuming their duties as commissioners: 
 40.32                       (TITLE OF PROCEEDING) 
 40.33     .................................  does swear under penalty 
 40.34     of perjury as follows: 
 40.35     I will faithfully and justly perform to the best of my 
 40.36     ability, all the duties of the office and trust which I now 
 41.1      assume as commissioner in the above entitled proceeding.  I 
 41.2      further swear that, except as disclosed in writing or on 
 41.3      the record, I have no interest in any of the lands in the 
 41.4      above proceeding or any present or past relationship, 
 41.5      business or personal, with any of the parties to the above 
 41.6      proceeding or any other actual or potential conflict of 
 41.7      interest, and that I will render fair and impartial 
 41.8      decisions, so help me God. 
 41.9      Subd. 6.  [COURT ORDER MAY LIMIT ACQUISITION.] The order 
 41.10  may, in the discretion of the court, limit the title or easement 
 41.11  to be acquired by the petitioner by defining the rights and 
 41.12  privileges which the owner of any of the lands may exercise 
 41.13  therein in subordination to the public uses to which it is 
 41.14  appropriated.  
 41.15     Subd. 7.  [REPLACEMENT OF COMMISSIONER.] In case any 
 41.16  commissioner fails to act or fails to meet the qualifications 
 41.17  required by this section, the court without further notice may 
 41.18  appoint another in that commissioner's place.  
 41.19     Subd. 8.  [APPLICATION TO BE A COMMISSIONER.] The court 
 41.20  administrator of court in each county shall post in the 
 41.21  courthouse in a prominent place a notice that a qualified person 
 41.22  may apply to have the person's name placed upon a list of 
 41.23  potential commission appointees for eminent domain proceedings. 
 41.24  The notice must contain the language of the oath which the 
 41.25  commissioners are required to take upon appointment and shall 
 41.26  list the other qualifications set forth in this section.  The 
 41.27  court shall give due consideration to the names appearing on the 
 41.28  list, but is not bound to make appointments from the list. 
 41.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 41.30  following final enactment. 
 41.31     Sec. 4.  Minnesota Statutes 2002, section 160.15, is 
 41.32  amended to read: 
 41.33     160.15 [PRESERVING SECTION OR QUARTER SECTION CORNERS.] 
 41.34     Subdivision 1.  [PERMANENT MARKING OF CORNERS.] Whenever 
 41.35  the construction, reconstruction, or maintenance of a 
 41.36  public street or highway~~, including city streets,~~ causes the 
 42.1   destruction or obliteration of a known section or quarter- 
 42.2   section corner ~~marking~~ marker or monument, ~~it shall be the duty~~ 
 42.3   ~~of~~ the road authority having jurisdiction over the highway or 
 42.4   street ~~to~~ shall provide for the permanent marking of ~~such~~ the 
 42.5   corners and ~~to~~ place reference or witness monuments so that the 
 42.6   corners can be readily located.  
 42.7      Subd. 2.  [MANNER OF PLACEMENT.] The permanent marking of 
 42.8   the corners and establishment of reference or witness 
 42.9   monuments ~~shall~~ must be in the manner following:  At the exact 
 42.10  location of the corner there ~~shall~~ must be placed a durable 
 42.11  stone, concrete, or metal marker ~~not less than four inches in~~ 
 42.12  ~~diameter at the top and not less than 18 inches deep.  In the~~ 
 42.13  ~~case of a paved highway there shall also be placed over the~~ 
 42.14  ~~marker and in the surface of the pavement a metallic plug not~~ 
 42.15  ~~less than one inch in diameter and two inches in depth.~~, placed 
 42.16  so as not to be disturbed by routine maintenance activities.  
 42.17  For a paved highway, a supplemental marker must be placed over 
 42.18  the durable monument.  The supplemental marker must be visible 
 42.19  at the road surface and set in a manner so as not to be 
 42.20  disturbed by routine snow plowing.  When not practical or safe 
 42.21  to set a corner marker in a highway surface, a durable metal 
 42.22  marker may be set as a permanent witness monument on the section 
 42.23  line or quarter-section line.  
 42.24     Subd. 3.  [TIME OF PLACEMENT; MONUMENT OF DURABLE 
 42.25  MATERIAL.] Reference or witness monuments evidencing the 
 42.26  location of the corner ~~shall~~ must be established before the 
 42.27  obliteration of the corner in at least two places most 
 42.28  practicable and shall consist of a durable stone, concrete, or 
 42.29  ~~cast iron~~ metal marker. 
 42.30     Subd. 4.  [FILING OF CERTIFICATE.] The ~~engineer or~~ land 
 42.31  surveyor placing and establishing the markers or monuments shall 
 42.32  file a certificate to that effect in the office of the county 
 42.33  recorder, or in the office of the county surveyor where the 
 42.34  county maintains a full-time office, in the county or counties 
 42.35  wherein the markers or monuments were placed.  Each 
 42.36  certificate ~~shall~~ must contain only the record of markers and 
 43.1   monuments at one corner.  The county recorder may charge a fee 
 43.2   of 50 cents for each certificate filed. 
 43.3      Subd. 5.  [CONTENTS OF CERTIFICATE.] The certificates ~~shall~~ 
 43.4   must be on sheets of durable material, which ~~sheets shall~~ must 
 43.5   be ~~in size~~ 8-1/2 by 11 inches with a margin at the left for 
 43.6   binding.  The certificates ~~shall~~ must contain the following: 
 43.7      ~~(a)~~ (1) identification of section~~,~~ or quarter-section 
 43.8   corner~~.~~; 
 43.9      ~~(b)~~ (2) description of monument removed~~.~~; 
 43.10     ~~(c)~~ (3) description of replacement monument~~.~~; 
 43.11     ~~(d)~~ (4) reference ties or witness monuments~~.~~; 
 43.12     ~~(e)~~ (5) statements relating to physical and parol evidence 
 43.13  relating to history and authenticity of the corner monument~~.~~; 
 43.14     ~~(f)~~ (6) date of remonumentation~~.~~; and 
 43.15     ~~(g)~~ (7) certification by a registered land surveyor ~~or~~ 
 43.16  ~~registered engineer~~. 
 43.17     Subd. 6.  [COST OF PLACING MARKERS.] The cost of placing 
 43.18  the markers and monuments, including filing fees, ~~shall~~ must be 
 43.19  paid out of the respective funds provided by law, or set aside 
 43.20  for highway or street purposes. 
 43.21     Sec. 5.  Minnesota Statutes 2002, section 161.44, is 
 43.22  amended by adding a subdivision to read: 
 43.23     Subd. 9a.  [APPROPRIATION.] Proceeds from the sale or lease 
 43.24  of real estate and buildings under this section and sections 
 43.25  161.141 and 161.23 must be paid into the trunk highway fund and 
 43.26  are appropriated to the commissioner for paying (1) for the 
 43.27  actual cost of selling or leasing the real estate or buildings, 
 43.28  (2) for the fees required to be paid under this section and 
 43.29  section 161.23, and (3) for the actual cost of construction, 
 43.30  reconstruction, or improvement of trunk highways, including (i) 
 43.31  consultant usage to support these activities, (ii) payments to 
 43.32  landowners for lands acquired for highway rights-of-way, (iii) 
 43.33  payments to lessees, (iv) interest subsidies, and (v) relocation 
 43.34  expenses.  Proceeds are available until expended. 
 43.35     Sec. 6.  Minnesota Statutes 2002, section 161.442, is 
 43.36  amended to read: 
 44.1      161.442 [RECONVEYANCE TO FORMER OWNER.] 
 44.2      Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 
 44.3   161.44, or any other statute, the commissioner of 
 44.4   transportation, with the consent of the owner, or for good cause 
 44.5   and with the consent of the court, may transfer, sell, or convey 
 44.6   real property including fixtures, and interests in real property 
 44.7   including easements, to the owner from whom the property was 
 44.8   acquired by the state for trunk highway purposes through a 
 44.9   pending eminent domain action.  The transfer of title may be by 
 44.10  stipulation, partial dismissal, bill of sale, or conveyance.  
 44.11  Any resulting change in the state's acquisition must be 
 44.12  explained in the final certificate for that action.  This 
 44.13  provision does not confer on a landowner the right to compel a 
 44.14  reconveyance without the consent of the commissioner. 
 44.15     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 44.16  following final enactment. 
 44.17     Sec. 7.  Minnesota Statutes 2002, section 515B.1-107, is 
 44.18  amended to read: 
 44.19     515B.1-107 [EMINENT DOMAIN.] 
 44.20     (a) If a unit is acquired by eminent domain, or if part of 
 44.21  a unit is acquired by eminent domain leaving the unit owner with 
 44.22  a remnant which may not practically or lawfully be used for any 
 44.23  material purpose permitted by the declaration, the award shall 
 44.24  compensate the unit owner and secured party in the unit as their 
 44.25  interests may appear, whether or not any common element interest 
 44.26  is acquired.  Upon acquisition, unless the order or final 
 44.27  certificate otherwise provides, that unit's allocated interests 
 44.28  are automatically reallocated among the remaining units in 
 44.29  proportion to their respective allocated interests prior to the 
 44.30  taking, and the association shall promptly prepare, execute, and 
 44.31  record an amendment to the declaration reflecting the 
 44.32  allocations.  Any remnant of a unit remaining after part of a 
 44.33  unit is taken under this subsection is thereafter a common 
 44.34  element. 
 44.35     (b) Except as provided in subsection (a), if part of a unit 
 44.36  is acquired by eminent domain, the award shall compensate the 
 45.1   unit owner and secured party for the reduction in value of the 
 45.2   unit and its interest in the common elements, whether or not any 
 45.3   common elements are acquired.  Upon acquisition, unless the 
 45.4   order or final certificate otherwise provides, (i) that unit's 
 45.5   allocated interests are reduced in proportion to the reduction 
 45.6   in the size of the unit, or on any other basis specified in the 
 45.7   declaration and (ii) the portion of the allocated interests 
 45.8   divested from the partially acquired unit are automatically 
 45.9   reallocated to that unit and to the remaining units in 
 45.10  proportion to the respective allocated interests of those units 
 45.11  before the taking, with the partially acquired unit 
 45.12  participating in the reallocation on the basis of its reduced 
 45.13  allocated interests. 
 45.14     (c) If part of the common elements is acquired by eminent 
 45.15  domain, the association shall accept service of process on 
 45.16  behalf of all unit owners and the portion of the award 
 45.17  attributable to the common elements taken shall be paid to the 
 45.18  association.  Unless the declaration provides otherwise, any 
 45.19  portion of the award attributable to the acquisition of a 
 45.20  limited common element shall be equally divided among the owners 
 45.21  of the units to which that limited common element was allocated 
 45.22  at the time of acquisition and their secured parties, as their 
 45.23  interests may appear or as provided by the declaration. 
 45.24     (d) In any eminent domain proceeding the units shall be 
 45.25  treated as separate parcels of real estate for valuation 
 45.26  purposes, regardless of the number of units subject to the 
 45.27  proceeding. 
 45.28     (e) Any distribution to a unit owner from the proceeds of 
 45.29  an eminent domain award shall be subject to any limitations 
 45.30  imposed by the declaration or bylaws. 
 45.31     (f) The court order or final certificate containing the 
 45.32  final awards shall be recorded in every county in which any 
 45.33  portion of the common interest community is located. 
 45.34     Sec. 8.  Minnesota Statutes 2002, section 515B.3-102, is 
 45.35  amended to read: 
 45.36     515B.3-102 [POWERS OF UNIT OWNERS' ASSOCIATION.] 
 46.1      (a) Except as provided in subsection (b), and subject to 
 46.2   the provisions of the declaration or bylaws, the association 
 46.3   shall have the power to: 
 46.4      (1) adopt, amend and revoke rules and regulations not 
 46.5   inconsistent with the articles of incorporation, bylaws and 
 46.6   declaration, as follows:  (i) regulating the use of the common 
 46.7   elements; (ii) regulating the use of the units, and conduct of 
 46.8   unit occupants, which may jeopardize the health, safety or 
 46.9   welfare of other occupants, which involves noise or other 
 46.10  disturbing activity, or which may damage the common elements or 
 46.11  other units; (iii) regulating or prohibiting animals; (iv) 
 46.12  regulating changes in the appearance of the common elements and 
 46.13  conduct which may damage the common interest community; (v) 
 46.14  regulating the exterior appearance of the common interest 
 46.15  community, including, for example, balconies and patios, window 
 46.16  treatments, and signs and other displays, regardless of whether 
 46.17  inside a unit; (vi) implementing the articles of incorporation, 
 46.18  declaration and bylaws, and exercising the powers granted by 
 46.19  this section; and (vii) otherwise facilitating the operation of 
 46.20  the common interest community; 
 46.21     (2) adopt and amend budgets for revenues, expenditures and 
 46.22  reserves, and levy and collect assessments for common expenses 
 46.23  from unit owners; 
 46.24     (3) hire and discharge managing agents and other employees, 
 46.25  agents, and independent contractors; 
 46.26     (4) institute, defend, or intervene in litigation or 
 46.27  administrative proceedings (i) in its own name on behalf of 
 46.28  itself or two or more unit owners on matters affecting the 
 46.29  common elements or other matters affecting the common interest 
 46.30  community or, (ii) with the consent of the owners of the 
 46.31  affected units on matters affecting only those units; 
 46.32     (5) make contracts and incur liabilities; 
 46.33     (6) regulate the use, maintenance, repair, replacement and 
 46.34  modification of the common elements and the units; 
 46.35     (7) cause improvements to be made as a part of the common 
 46.36  elements, and, in the case of a cooperative, the units; 
 47.1      (8) acquire, hold, encumber, and convey in its own name any 
 47.2   right, title, or interest to real estate or personal property, 
 47.3   but (i) common elements in a condominium or planned community 
 47.4   may be conveyed or subjected to a security interest only 
 47.5   pursuant to section 515B.3-112, or (ii) part of a cooperative 
 47.6   may be conveyed, or all or part of a cooperative may be 
 47.7   subjected to a security interest, only pursuant to section 
 47.8   515B.3-112; 
 47.9      (9) grant public utility and transportation easements 
 47.10  through, over or under the common elements, and, subject to 
 47.11  approval by resolution of unit owners other than declarant or 
 47.12  its affiliates at a meeting duly called, grant other public or 
 47.13  private easements, leases and licenses through, over or under 
 47.14  the common elements; 
 47.15     (10) impose and receive any payments, fees, or charges for 
 47.16  the use, rental, or operation of the common elements, other than 
 47.17  limited common elements, and for services provided to unit 
 47.18  owners; 
 47.19     (11) impose charges for late payment of assessments and, 
 47.20  after notice and an opportunity to be heard, levy reasonable 
 47.21  fines for violations of the declaration, bylaws, and rules and 
 47.22  regulations of the association; 
 47.23     (12) impose reasonable charges for the review, preparation 
 47.24  and recordation of amendments to the declaration, resale 
 47.25  certificates required by section 515B.4-107, statements of 
 47.26  unpaid assessments, or furnishing copies of association records; 
 47.27     (13) provide for the indemnification of its officers and 
 47.28  directors, and maintain directors' and officers' liability 
 47.29  insurance; 
 47.30     (14) provide for reasonable procedures governing the 
 47.31  conduct of meetings and election of directors; 
 47.32     (15) exercise any other powers conferred by law, or by the 
 47.33  declaration, articles of incorporation or bylaws; and 
 47.34     (16) exercise any other powers necessary and proper for the 
 47.35  governance and operation of the association. 
 47.36     (b) Notwithstanding subsection (a) the declaration or 
 48.1   bylaws may not impose limitations on the power of the 
 48.2   association to deal with the declarant which are more 
 48.3   restrictive than the limitations imposed on the power of the 
 48.4   association to deal with other persons. 
 48.5      Sec. 9.  Minnesota Statutes 2002, section 515B.3-112, is 
 48.6   amended to read: 
 48.7      515B.3-112 [CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS.] 
 48.8      (a) In a condominium or planned community, unless the 
 48.9   declaration provides otherwise, portions of the common elements 
 48.10  may be conveyed or subjected to a security interest by the 
 48.11  association if persons entitled to cast at least 67 percent of 
 48.12  the votes in the association, including 67 percent of the votes 
 48.13  allocated to units not owned by a declarant, or any larger 
 48.14  percentage the declaration specifies, approve that action in 
 48.15  writing or at a meeting; but all unit owners of units to which 
 48.16  any limited common element is allocated must agree in order to 
 48.17  convey that limited common element or subject it to a security 
 48.18  interest.  The declaration may specify a smaller percentage only 
 48.19  if all of the units are restricted to nonresidential use. 
 48.20     (b) In a cooperative, unless the declaration provides 
 48.21  otherwise, part of a cooperative may be conveyed, or all or a 
 48.22  part subjected to a security interest, by the association if 
 48.23  persons entitled to cast at least 67 percent of the votes in the 
 48.24  association, including 67 percent of the votes allocated to 
 48.25  units in which the declarant has no interest, or any larger 
 48.26  percentage the declaration specifies, approves that action in 
 48.27  writing or at a meeting.  If fewer than all of the units or 
 48.28  limited common elements are to be conveyed or subjected to a 
 48.29  security interest, then all unit owners of those units, or the 
 48.30  units to which those limited common elements are allocated, must 
 48.31  agree in order to convey those units or limited common elements 
 48.32  or subject them to a security interest.  The declaration may 
 48.33  specify a smaller percentage only if all of the units are 
 48.34  restricted to nonresidential use.  Any purported conveyance or 
 48.35  other voluntary transfer of an entire cooperative is void, 
 48.36  unless made pursuant to section 515B.2-119. 
 49.1      (c) The association, on behalf of the unit owners, may 
 49.2   contract to convey or encumber an interest in the common 
 49.3   elements of a common interest community pursuant to this 
 49.4   subsection, subject to the required approval.  After the 
 49.5   approval has been obtained, the association shall have a power 
 49.6   of attorney coupled with an interest to effect the conveyance or 
 49.7   encumbrance on behalf of all unit owners in the common interest 
 49.8   community, including the power to execute deeds, mortgages, or 
 49.9   other instruments of conveyance or security.  The instrument 
 49.10  conveying or creating the interest in the common interest 
 49.11  community shall be recorded and shall include as exhibits (i) an 
 49.12  affidavit of the secretary of the association certifying that 
 49.13  the approval required by this section has been obtained and (ii) 
 49.14  a schedule of the names of all unit owners and units in the 
 49.15  common interest community as of the date of the approval. 
 49.16     (d) Except as provided in section 515B.3-102(a)(9), unless 
 49.17  made pursuant to this section, any purported conveyance, 
 49.18  encumbrance, or other voluntary transfer of common elements, or 
 49.19  of any part of a cooperative, is void. 
 49.20     (e) In the case of a conveyance involving a condominium, or 
 49.21  a cooperative in which the unit owners' interests are 
 49.22  characterized as real estate, the association shall record, 
 49.23  simultaneously with the recording of the instrument of 
 49.24  conveyance, an amended CIC plat showing the real estate 
 49.25  constituting the common interest community exclusive of the real 
 49.26  estate conveyed.  In all common interest communities, upon 
 49.27  recording of the instrument of conveyance, the declaration, and 
 49.28  all rights and obligations arising therefrom, shall be deemed 
 49.29  released and terminated as to the real estate 
 49.30  conveyed.  Conveyances to the state or a political subdivision 
 49.31  for transportation purposes are exempt from the requirements of 
 49.32  this subsection. 
 49.33     (f) A conveyance or encumbrance of common elements, or of a 
 49.34  cooperative, pursuant to this section shall not deprive any unit 
 49.35  of its rights of support, reasonable access or utility services. 
 49.36     (g) Except as provided in subsection (a), or unless the 
 50.1   declaration otherwise provides, a conveyance or encumbrance of 
 50.2   common elements pursuant to this section does not affect the 
 50.3   priority or validity of preexisting encumbrances. 
 50.4      (h) Any proceeds of the conveyance or creation of a 
 50.5   security interest under this section are an asset of the 
 50.6   association. 
 50.7      (i) This section shall not apply to any conveyance or 
 50.8   encumbrance of any interest in a proprietary lease. 
 50.9      Sec. 10.  [CONVEYANCE OF EXCESS AND SURPLUS PROPERTY; 
 50.10  REPORT.] 
 50.11     On or before January 30, 2005, the commissioner of 
 50.12  transportation shall report to the house of representatives and 
 50.13  senate committees with jurisdiction over transportation policy 
 50.14  and finance concerning conveyance of excess real estate and 
 50.15  surplus property.  The report must include:  
 50.16     (1) current timelines for conveyance and reconveyance of 
 50.17  excess and surplus property; 
 50.18     (2) a description of the department's administration and 
 50.19  performance of these activities, including level of staffing; 
 50.20     (3) recommendations for streamlining and expediting the 
 50.21  sale or reconveyance of excess and surplus property; and 
 50.22     (4) identification of statutory changes necessary to 
 50.23  implement a streamlined process. 
 50.24     Sec. 11.  [REPEALER.] 
 50.25     Subdivision 1.  [RECEIPTS PAID INTO TRUNK HIGHWAY 
 50.26  FUND.] Minnesota Statutes 2002, section 161.44, subdivision 9, 
 50.27  is repealed. 
 50.28     Subd. 2.  [LEGISLATIVE ROUTE NO. 268 REMOVED.] (a) 
 50.29  Minnesota Statutes 2002, section 161.115, subdivision 199, is 
 50.30  repealed on the effective date in the notice of transfer issued 
 50.31  by the commissioner of transportation transferring jurisdiction 
 50.32  of Legislative Route No. 268 to Pipestone County. 
 50.33     (b) The revisor of statutes shall delete the route 
 50.34  identified in paragraph (a) from Minnesota Statutes when the 
 50.35  commissioner of transportation sends notice to the revisor in 
 50.36  writing informing the revisor of the effective date and that the 
 51.1   conditions required to transfer the route are satisfied. 
 51.2                              ARTICLE 3
 51.3                      HIGHWAY SAFETY REST AREAS 
 51.4      Section 1.  Minnesota Statutes 2002, section 160.08, 
 51.5   subdivision 7, is amended to read: 
 51.6      Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
 51.7   RIGHT-OF-WAY.] No commercial establishment, including but not 
 51.8   limited to automotive service stations, for serving motor 
 51.9   vehicle users shall be constructed or located within the 
 51.10  right-of-way of, or on publicly owned or publicly leased land 
 51.11  acquired or used for or in connection with, a controlled access 
 51.12  highway; except that (1) structures may be built within safety 
 51.13  rest and ~~tourist~~ travel information center areas; (2) space 
 51.14  within state-owned buildings in those areas may be leased for 
 51.15  the purpose of providing information to travelers 
 51.16  through ~~commercial and public service~~ advertising ~~under~~ 
 51.17  ~~franchise agreements~~ as provided in ~~sections~~ section 160.276 ~~to~~ 
 51.18  ~~160.278~~; (3) advertising signs may be erected within the 
 51.19  right-of-way of interstate or controlled-access trunk highways 
 51.20  by franchise agreements under section 160.80; ~~and~~ (4) vending 
 51.21  machines may be placed in rest areas, ~~tourist~~ travel information 
 51.22  centers, or weigh stations constructed or located within trunk 
 51.23  highway rights-of-way; and (5) acknowledgment signs may be 
 51.24  erected under sections 160.272 and 160.2735.  
 51.25     Sec. 2.  [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION 
 51.26  CENTER LEASES.] 
 51.27     Subdivision 1.  [LEASE AGREEMENTS.] (a) Except as provided 
 51.28  in subdivision 3, and notwithstanding any other law to the 
 51.29  contrary, the commissioner may enter into lease agreements 
 51.30  through negotiations with public or not-for-profit entities or 
 51.31  through best value, as defined in section 16C.02, subdivision 4, 
 51.32  with private entities relating to the use of safety rest areas 
 51.33  and travel information centers. 
 51.34     For purposes of this section, "private entity" means a 
 51.35  chamber of commerce, a tourist and visitors bureau, or other 
 51.36  organization that exists to promote tourism and economic 
 52.1   development. 
 52.2      (b) A lease under this subdivision may: 
 52.3      (1) with the approval of the commissioner of 
 52.4   administration, prescribe a lease term length of up to 20 years, 
 52.5   with options for renewal; 
 52.6      (2) allow the lessee to operate a safety rest area facility 
 52.7   in whole or in part; 
 52.8      (3) allow the lessee to offer for sale products or services 
 52.9   under section 160.2725; and 
 52.10     (4) allow the lessee to add leasehold improvements to the 
 52.11  site after approval by the commissioner. 
 52.12     (c) A lease agreement for a safety rest area is subject to 
 52.13  section 160.28, subdivision 2, regarding vending at safety rest 
 52.14  areas. 
 52.15     (d) A lease agreement must include terms that promote and 
 52.16  encourage the employment of needy elderly persons according to 
 52.17  section 160.282. 
 52.18     (e) The commissioner may publicly acknowledge the lessee 
 52.19  and may erect signs adjacent to the main travel lanes of a 
 52.20  highway acknowledging the lessee.  Acknowledgement on the 
 52.21  mainline may consist of placement of up to one sign for each 
 52.22  direction of traffic served.  The placement of signs shall only 
 52.23  be allowed (1) as approved through the Manual on Uniform Traffic 
 52.24  Control Devices process for experimentation, (2) in accordance 
 52.25  with federal standards and policies, and (3) so that no sign 
 52.26  exceeds 100 square feet.  No more than three acknowledgment 
 52.27  signs or displays may be placed at any one rest area, in 
 52.28  addition to the mainline signs. 
 52.29     Subd. 2.  [REVENUES DEPOSITED.] The commissioner shall 
 52.30  deposit revenues from leases authorized under this section into 
 52.31  the safety rest area account established in section 160.2745. 
 52.32     Subd. 3.  [APPLICATION TO OTHER LAW.] Nothing in this 
 52.33  section affects existing contracts under section 248.07 or their 
 52.34  renewal. 
 52.35     Sec. 3.  [160.2725] [SALES AT SAFETY REST AREAS.] 
 52.36     Subdivision 1.  [SALES AUTHORIZED.] Notwithstanding section 
 53.1   160.08, the commissioner may sell travel and tourism-related 
 53.2   publications and maps and travel and tourism-related merchandise 
 53.3   and services.  The commissioner may rent or sell items for the 
 53.4   convenience of persons using safety rest areas, including 
 53.5   lottery tickets, local attraction tickets, and permits and 
 53.6   licenses issued by units of government.  Notwithstanding section 
 53.7   16A.1285, the commissioner of transportation may collect a 
 53.8   service fee for the sale of lottery tickets, local attraction 
 53.9   tickets, and permits and licenses. 
 53.10     Merchandise that competes with vending machine sales 
 53.11  authorized under section 160.28, subdivision 2, is subject to 
 53.12  the provisions of subdivision 5. 
 53.13     Subd. 2.  [ADVERTISING.] The commissioner may advertise the 
 53.14  availability of a program or item offered under this section. 
 53.15     Subd. 3.  [SOFTWARE SALES.] Notwithstanding section 16B.405 
 53.16  or 160.08, the commissioner may sell or license intellectual 
 53.17  property and software products or services developed by a 
 53.18  government unit or custom-developed by a vendor for a government 
 53.19  unit. 
 53.20     Subd. 4.  [REVENUES DEPOSITED.] Money received by the 
 53.21  commissioner under this section must be deposited in the safety 
 53.22  rest area account established in section 160.2745. 
 53.23     Subd. 5.  [COMPETING MERCHANDISE.] The commissioner and the 
 53.24  designated state licensing agency authorized under United States 
 53.25  Code, title 20, sections 107 to 107e, shall enter into an 
 53.26  interagency agreement before rest areas are leased or before 
 53.27  nonvending machine sales occur at rest areas.  The interagency 
 53.28  agreement must identify what constitutes competing merchandise 
 53.29  and establish policies and procedures related to the sale of 
 53.30  competing merchandise at rest areas. 
 53.31     Sec. 4.  [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 
 53.32     Subdivision 1.  [SPONSORSHIP PROGRAM.] The commissioner may 
 53.33  enter into agreements for public or private sponsorship of 
 53.34  highway safety rest areas by transportation and tourism-related 
 53.35  entities.  The commissioner may publicly acknowledge sponsors 
 53.36  and may erect signs adjacent to the main travel lanes of a 
 54.1   highway acknowledging the sponsors.  Acknowledgement on the 
 54.2   mainline may consist of placement of up to one sign for each 
 54.3   direction of traffic served.  The placement of signs shall only 
 54.4   be allowed (1) as approved through the Manual on Uniform Traffic 
 54.5   Control Devices process for experimentation, (2) in accordance 
 54.6   with federal standards and policies, and (3) so that no sign 
 54.7   exceeds 100 square feet.  No more than three acknowledgment 
 54.8   signs or displays may be placed at any one rest area, in 
 54.9   addition to the mainline signs. 
 54.10     Subd. 2.  [REVENUE.] The commissioner shall deposit revenue 
 54.11  from the sponsorship program to the safety rest area account 
 54.12  established in section 160.2745. 
 54.13     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 54.14  action under this section that would result in the loss of 
 54.15  federal highway funds or require the payment of highway funds to 
 54.16  the federal government. 
 54.17     Sec. 5.  [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 
 54.18     Subdivision 1.  [RECONVEYANCE OF LAND.] The commissioner 
 54.19  may reconvey land no longer needed for safety rest area 
 54.20  purposes, subject to section 161.44. 
 54.21     Subd. 2.  [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 
 54.22  from the sale of real estate and buildings under this section 
 54.23  must be paid into the safety rest area account established in 
 54.24  section 160.2745 and are appropriated to the commissioner (1) 
 54.25  for the actual cost of selling the real estate or buildings, (2) 
 54.26  for the fees required to be paid under sections 161.23 and 
 54.27  161.44, and (3) as provided in section 160.2745. 
 54.28     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 54.29  action under this section that would result in the loss of 
 54.30  federal highway funds or require the payment of highway funds to 
 54.31  the federal government. 
 54.32     Sec. 6.  [160.2745] [SAFETY REST AREA ACCOUNT.] 
 54.33     Subdivision 1.  [ACCOUNT ESTABLISHED.] A safety rest area 
 54.34  account is established in the trunk highway fund.  Funds in the 
 54.35  account are available until expended. 
 54.36     Subd. 2.  [DEPOSITS.] The commissioner shall deposit in the 
 55.1   safety rest area account revenue received from leasing or 
 55.2   sponsoring safety rest areas, advertising at safety rest areas, 
 55.3   selling safety rest area property and lands, and other revenue 
 55.4   generated with respect to safety rest areas. 
 55.5      Subd. 3.  [EXPENDITURES.] Money in the account is 
 55.6   appropriated to the commissioner.  The commissioner may spend 
 55.7   proceeds of the account for safety rest areas, including program 
 55.8   administration, maintenance and operations, development and 
 55.9   improvements, and services to customers.  
 55.10     Sec. 7.  Minnesota Statutes 2002, section 160.276, is 
 55.11  amended to read: 
 55.12     160.276 [TRAVEL INFORMATION ~~FRANCHISE~~ ADVERTISING PROGRAM.] 
 55.13     Subdivision 1.  [~~ESTABLISHED~~ LEASING ADVERTISING SPACE.] 
 55.14  The commissioner of transportation ~~shall establish a franchise~~ 
 55.15  ~~program to~~ may lease advertising space within ~~tourist~~ travel 
 55.16  information centers and safety rest areas for the purpose of 
 55.17  providing information to travelers through travel-related 
 55.18  commercial and public service advertising.  
 55.19     ~~Subd. 2.  [INITIAL PHASE.] The program may, in its initial~~ 
 55.20  ~~phase, utilize space within existing publicly owned buildings~~ 
 55.21  ~~and shelters in safety rest areas and tourist information~~ 
 55.22  ~~centers.  This phase shall be operational by May 1, 1981.~~  
 55.23  ~~Franchises for this phase shall be ready to let by January 1,~~ 
 55.24  ~~1981.~~  
 55.25     Subd. 3.  [INFORMATION FACILITIES.] The ~~program~~ 
 55.26  commissioner may ~~also include franchises for the construction,~~ 
 55.27  ~~operation and maintenance of~~ contract to permit a vendor to 
 55.28  construct, operate, and maintain additional information 
 55.29  structures by and at the expense of the ~~franchisee~~ vendor on 
 55.30  state-owned lands within safety rest areas or ~~tourist~~ travel 
 55.31  information center areas.  All structures constructed by 
 55.32  the ~~franchisee shall~~ vendor must meet or exceed specifications 
 55.33  prescribed by the commissioner of transportation and ~~shall~~ must 
 55.34  satisfy the requirements of the State Building Code for 
 55.35  accessibility by the physically handicapped.  The vendor shall 
 55.36  design all structures ~~shall be designed~~ to enhance ~~their~~ the 
 56.1   site and ~~shall be aesthetically compatible~~ surroundings in a 
 56.2   manner harmonious with the natural environment as determined by 
 56.3   the commissioner.  
 56.4      Subd. 4.  [SITES; ADVERTISING.] The commissioner shall 
 56.5   determine the sites to be included in this program and shall 
 56.6   also determine ~~if the advertising display at each site is to be~~ 
 56.7   ~~inside or outside of any buildings or shelters~~ the extent and 
 56.8   location of space available for advertising in each facility.  
 56.9      Subd. 5.  [OFFICE OF TOURISM.] The commissioner shall 
 56.10  provide space free of charge to the Office of Tourism for travel 
 56.11  information centers.  The commissioner shall not charge the 
 56.12  Office of Tourism for any regular expenses associated with the 
 56.13  operation of the travel information centers.  The commissioner 
 56.14  shall provide highway maps free of charge for use and 
 56.15  distribution through the travel information centers.  
 56.16     Sec. 8.  Minnesota Statutes 2002, section 160.277, is 
 56.17  amended to read: 
 56.18     160.277 [COMMISSIONER TO ~~GRANT FRANCHISES~~ MAKE AGREEMENTS.] 
 56.19     Subdivision 1.  [PROCEDURE; AGREEMENT.] The commissioner of 
 56.20  transportation, by public negotiation or bid, shall ~~grant~~ 
 56.21  ~~franchises~~ enter into agreements for the purposes of section 
 56.22  160.276.  ~~Each franchise agreement shall include the safety rest~~ 
 56.23  ~~areas and tourist information centers in a geographical area~~ 
 56.24  ~~comprising approximately one-quarter of the land area of the~~ 
 56.25  ~~state.  The franchise agreement shall insure that the franchisee~~ 
 56.26  ~~provide services throughout the area in as many tourist~~ 
 56.27  ~~information centers and safety rest areas as are reasonably~~ 
 56.28  ~~necessary for the convenience of travelers.~~  
 56.29     Subd. 2.  [INSURANCE.] The commissioner ~~of transportation~~ 
 56.30  shall require the ~~franchisee~~ vendor to obtain liability 
 56.31  insurance in an amount prescribed by the commissioner jointly 
 56.32  insuring the state and the ~~franchisee~~ vendor against any and all 
 56.33  liability for claims for damage occurring wholly or partly 
 56.34  because of the existence of the ~~franchise~~ vendor contract.  
 56.35     Subd. 3.  [REVENUE.] The ~~franchise~~ agreement may provide 
 56.36  that the vendor pay a ~~percentage~~ portion of the gross revenues 
 57.1   derived from advertising ~~shall~~.  These revenues must be paid to 
 57.2   the state for deposit in the ~~trunk highway fund~~ safety rest area 
 57.3   account established in section 160.2745.  The commissioner of 
 57.4   transportation and director of the Office of Tourism may enter 
 57.5   into an interagency agreement to define the distribution of the 
 57.6   revenues generated in this section. 
 57.7      Sec. 9.  Minnesota Statutes 2002, section 160.278, is 
 57.8   amended to read: 
 57.9      160.278 [ADDITIONAL ~~FRANCHISE~~ VENDOR PROVISIONS.] 
 57.10     Subdivision 1.  [AGREEMENT REQUIREMENTS.] Each ~~franchise~~ 
 57.11  vendor agreement ~~shall~~ must contain the following provisions:  
 57.12     ~~(a)~~ (1) that the ~~franchisee~~ vendor shall comply with Code 
 57.13  of Federal Regulations, title 23, section ~~252~~ 752 and subsequent 
 57.14  revisions pertaining to privately operated information systems; 
 57.15     ~~(b)~~ (2) that at least 40 percent of the commercial 
 57.16  advertising space ~~shall~~ must be offered initially for a 
 57.17  reasonable period of time to local advertisers who provide 
 57.18  services for travelers within a 60-mile radius of the safety 
 57.19  rest area or ~~tourist~~ travel information center; 
 57.20     ~~(c)~~ (3) that the ~~franchisees~~ vendor shall make appropriate 
 57.21  marketing efforts in an attempt to lease at least 40 percent of 
 57.22  the commercial advertising space to local advertisers; ~~and~~ 
 57.23     ~~(d)~~ (4) reasonable performance standards, and maintenance 
 57.24  standards for structures constructed by the ~~franchisee.~~ vendor; 
 57.25  and 
 57.26     ~~Subd. 2.  [ADVERTISING SPACE LIMITATIONS.] The franchise~~ 
 57.27  ~~agreement shall impose~~ (5) limitations on advertising space 
 57.28  within state-owned buildings or on state-owned property in 
 57.29  safety rest areas and ~~tourist~~ travel information centers.  
 57.30     Subd. ~~3.~~ 2.  [REASONABLE TERMS AND CONDITIONS.] The 
 57.31  commissioner of transportation may require additional reasonable 
 57.32  terms and conditions to be included in the ~~franchise~~ vendor 
 57.33  agreement, including but not limited to~~,~~ provisions governing 
 57.34  the renewal and termination of the agreement~~,~~ and, in the event 
 57.35  of termination, the rights of the state and the ~~franchisee~~ 
 57.36  vendor in advertising contracts and in buildings constructed by 
 58.1   the ~~franchisee~~ vendor. 
 58.2      Sec. 10.  Minnesota Statutes 2002, section 160.28, is 
 58.3   amended to read: 
 58.4      160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 
 58.5      Subdivision 1.  [SAFETY REST AREAS; ~~TOURIST~~ TRAVEL 
 58.6   INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 
 58.7   contrary notwithstanding, the commissioner of transportation ~~is~~ 
 58.8   ~~hereby authorized to cause to be prepared~~ may have plans ~~and~~, 
 58.9   specifications, and detailed designs prepared for the 
 58.10  construction of buildings and facilities for highway safety rest 
 58.11  areas, ~~tourist~~ travel information centers in combination with 
 58.12  rest areas, and weigh stations when the commissioner deems these 
 58.13  buildings and facilities to be necessary in the interest of 
 58.14  safety and convenient public travel on highways. 
 58.15     Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
 58.16  notwithstanding, the commissioner may contract for or authorize 
 58.17  the placement of vending machines dispensing food, nonalcoholic 
 58.18  beverages, ~~or~~ milk, or other items the commissioner deems 
 58.19  appropriate and desirable in highway safety rest areas, ~~tourist~~ 
 58.20  travel information centers, and weigh stations on marked 
 58.21  interstate highways and primary trunk highways.  The 
 58.22  commissioner shall only place vending machines operated under 
 58.23  United States Code, title 20, sections 107 to 107e and as 
 58.24  provided in section 248.07. 
 58.25     Sec. 11.  Minnesota Statutes 2002, section 161.23, 
 58.26  subdivision 3, is amended to read: 
 58.27     Subd. 3.  [LEASING.] The commissioner may lease for the 
 58.28  term between the acquisition and sale thereof and for a fair 
 58.29  rental rate and upon such terms and conditions as the 
 58.30  commissioner deems proper, any excess real estate acquired under 
 58.31  this section, and any real estate acquired in fee for trunk 
 58.32  highway purposes and not presently needed for those purposes.  
 58.33  All rents received from the leases must be paid into the state 
 58.34  treasury.  Seventy percent of the rents must be credited to the 
 58.35  trunk highway fund.  The remaining 30 percent must be paid to 
 58.36  the county treasurer where the real estate is located, and 
 59.1   distributed in the same manner as real estate taxes.  This 
 59.2   subdivision does not apply to real estate leased for the purpose 
 59.3   of providing commercial and public service advertising pursuant 
 59.4   to ~~franchise~~ agreements as provided in sections ~~160.276~~ 160.272 
 59.5   to 160.278 or to fees collected under section 174.70, 
 59.6   subdivision 2. 
 59.7      Sec. 12.  Minnesota Statutes 2002, section 161.433, 
 59.8   subdivision 2, is amended to read: 
 59.9      Subd. 2.  [CONSIDERATION FOR USE.] The consideration paid 
 59.10  for the use of airspace or subsurface areas shall be determined 
 59.11  by the commissioner, but in no event shall it be less than a 
 59.12  fair rental rate, and shall include costs for the erection and 
 59.13  maintenance of any facilities or other costs occasioned by that 
 59.14  use.  All moneys received shall be paid into the trunk highway 
 59.15  fund.  This subdivision does not apply to real estate leased for 
 59.16  the purpose of providing commercial and public service 
 59.17  advertising pursuant to ~~franchise~~ agreements as provided in 
 59.18  sections ~~160.276~~ 160.272 to 160.278.  
 59.19     Sec. 13.  Minnesota Statutes 2002, section 161.434, is 
 59.20  amended to read: 
 59.21     161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 
 59.22  LIMITED USE.] 
 59.23     The commissioner may also make such arrangements and 
 59.24  agreements as the commissioner deems necessary in the public 
 59.25  interest for the limited use of land owned as interstate or 
 59.26  trunk highway right-of-way, which use shall be for highway 
 59.27  purposes, including aesthetic purposes, but not including the 
 59.28  erection of permanent buildings, except buildings or structures 
 59.29  erected for the purpose of providing information to travelers 
 59.30  through commercial and public service advertising pursuant to 
 59.31  ~~franchise~~ agreements as provided in sections ~~160.276~~ 160.272 to 
 59.32  160.278.  The commissioner shall secure the approval of the 
 59.33  appropriate federal agency where such approval is required. 
 59.34     Sec. 14.  [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST 
 59.35  AREAS.] 
 59.36     Until July 1, 2005, the commissioner of transportation may 
 60.1   not close any trunk highway or interstate highway safety rest 
 60.2   area that was open on January 1, 2004, or substantially reduce 
 60.3   the hours of operation of such a rest area below the hours of 
 60.4   operation in effect on January 1, 2004. 
 60.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 60.6   following final enactment.  
 60.7      Sec. 15.  [INSTRUCTION TO REVISOR.] 
 60.8      The revisor of statutes shall renumber each section or 
 60.9   subdivision of Minnesota Statutes listed in column A with the 
 60.10  number listed in column B.  The revisor shall also make 
 60.11  necessary cross-reference changes consistent with the 
 60.12  renumbering. 
 60.13             Column A                     Column B
 60.14             160.27, subdivision 5        160.2715
 60.15             160.277, subdivision 1       160.276, subdivision 2a
 60.16             160.277, subdivision 2       160.276, subdivision 3a
 60.17             160.277, subdivision 3       160.276, subdivision 8
 60.18             160.278, subdivision 1       160.276, subdivision 6
 60.19             160.278, subdivision 3       160.276, subdivision 7
 60.20             160.28, subdivision 2        160.273