1.1                          A bill for an act 
  1.2             relating to public safety; modifying vehicle 
  1.3             registration provisions; regulating certain motor 
  1.4             vehicle dealer transactions; modifying provisions 
  1.5             governing road inspections, first hauls, and weight 
  1.6             allowances for commercial motor vehicles and requiring 
  1.7             a study; allowing certain transactions with department 
  1.8             of public safety to be conducted electronically; 
  1.9             setting vehicle title fees; modifying bicycle 
  1.10            registration provisions; modifying certain traffic 
  1.11            regulations; requiring proof of legal presence in this 
  1.12            country to obtain driver's license, permit, or 
  1.13            identification card; modifying certain license plate 
  1.14            display requirements; authorizing special veteran and 
  1.15            patriot license plates; modifying commercial driver's 
  1.16            license exemption for snowplow drivers; providing for 
  1.17            driver's license to be issued to legally emancipated 
  1.18            minor; modifying commercial driver's license 
  1.19            provisions to conform to federal law; exempting 
  1.20            certain funds from matching requirements; authorizing 
  1.21            rules; making technical and clarifying changes; 
  1.22            amending Minnesota Statutes 2000, sections 168.011, 
  1.23            subdivisions 4, 17, 34; 168.013, subdivision 3; 
  1.24            168.09, subdivisions 1, 3; 168.10, subdivision 1c; 
  1.25            168.123, subdivision 2; 168.27, as amended; 168.31, 
  1.26            subdivision 4; 168.33, subdivision 6, by adding a 
  1.27            subdivision; 168A.01, subdivisions 2, 24, by adding a 
  1.28            subdivision; 168A.04, subdivision 5; 168A.05, 
  1.29            subdivision 5a; 168A.09, subdivision 1; 168A.11, 
  1.30            subdivision 2; 168A.12, subdivisions 1, 2; 168A.154; 
  1.31            168A.18; 168A.19, subdivision 2; 168A.20, subdivisions 
  1.32            2, 3, 4; 168A.24, subdivision 1; 168A.29, subdivision 
  1.33            1; 168C.02, subdivisions 1, 5; 168C.03; 168C.04, 
  1.34            subdivision 1; 168C.05; 168C.06; 168C.07; 168C.08; 
  1.35            168C.09; 168C.11; 168C.12; 168C.13, subdivision 1; 
  1.36            169.06, by adding a subdivision; 169.26, subdivision 
  1.37            1; 169.28, subdivision 1; 169.771, subdivisions 2, 3; 
  1.38            169.85, subdivisions 1, 2; 169.851, subdivision 3; 
  1.39            169.86, subdivision 5; 169.974, subdivision 5; 171.02, 
  1.40            subdivisions 1, 5; 171.04, subdivision 1; 171.05, 
  1.41            subdivision 2; 171.055, subdivision 1; 171.06, 
  1.42            subdivisions 1, 3; 171.07, subdivision 3; 171.13, 
  1.43            subdivision 2; 171.165; Minnesota Statutes 2001 
  1.44            Supplement, sections 168.012, subdivision 1; 169.781, 
  1.45            subdivision 2; 169.79, subdivisions 3, 8, by adding a 
  1.46            subdivision; 171.07, subdivision 1; proposing coding 
  2.1             for new law in Minnesota Statutes, chapter 168; 
  2.2             repealing Minnesota Statutes 2000, sections 115A.908, 
  2.3             subdivision 2; 171.30, subdivision 3; Minnesota 
  2.4             Statutes 2001 Supplement, section 115A.908, 
  2.5             subdivision 1. 
  2.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.7                              ARTICLE 1 
  2.8                       PUBLIC SAFETY MISCELLANY 
  2.9      Section 1.  Minnesota Statutes 2000, section 168.011, 
  2.10  subdivision 4, is amended to read: 
  2.11     Subd. 4.  [MOTOR VEHICLE.] (a) "Motor vehicle" means any 
  2.12  self-propelled vehicle designed and originally manufactured to 
  2.13  operate primarily upon public roads and highways, and not 
  2.14  operated exclusively upon railroad tracks ~~and~~.  It includes any 
  2.15  vehicle propelled or drawn by a self-propelled vehicle and 
  2.16  includes vehicles known as trackless trolleys ~~which~~ that are 
  2.17  propelled by electric power obtained from overhead trolley wires 
  2.18  but not operated upon rails~~, except~~.  It does not include 
  2.19  snowmobiles, manufactured homes, ~~and~~ or park trailers.  
  2.20     (b) "Motor vehicle" also includes an all-terrain vehicle, 
  2.21  as defined in section 84.92, subdivision 8, ~~which~~ that (1) has 
  2.22  at least four wheels, (2) is owned and operated by a physically 
  2.23  disabled person, and (3) displays both physically disabled 
  2.24  license plates and a physically disabled certificate issued 
  2.25  under section 169.345, subdivision 3. 
  2.26     (c) Motor vehicle does not include an all-terrain vehicle 
  2.27  as defined in section 84.92, subdivision 8; except (1) an 
  2.28  all-terrain vehicle described in paragraph (b), or (2) an 
  2.29  all-terrain vehicle licensed as a motor vehicle before August 1, 
  2.30  1985~~, in which case~~.  The owner may continue to license ~~it~~ an 
  2.31  all-terrain vehicle described in clause (2) as a motor vehicle 
  2.32  until it is conveyed or otherwise transferred to another owner, 
  2.33  is destroyed, or fails to comply with the registration and 
  2.34  licensing requirements of this chapter. 
  2.35     Sec. 2.  Minnesota Statutes 2000, section 168.011, 
  2.36  subdivision 34, is amended to read: 
  2.37     Subd. 34.  [FLEET.] "Fleet" means a combination of ~~100~~ 50 
  2.38  or more vehicles and trailers owned by a person solely for the 
  3.1   use of that person or employees of the person and registered in 
  3.2   this state under section 168.127.  It does not include vehicles 
  3.3   licensed under section 168.187. 
  3.4      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.5   168.012, subdivision 1, is amended to read: 
  3.6      Subdivision 1.  [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE 
  3.7   DISPLAY.] (a) The following vehicles are exempt from the 
  3.8   provisions of this chapter requiring payment of tax and 
  3.9   registration fees, except as provided in subdivision 1c:  
  3.10     (1) vehicles owned and used solely in the transaction of 
  3.11  official business by the federal government, the state, or any 
  3.12  political subdivision; 
  3.13     (2) vehicles owned and used exclusively by educational 
  3.14  institutions and used solely in the transportation of pupils to 
  3.15  and from those institutions; 
  3.16     (3) vehicles used solely in driver education programs at 
  3.17  nonpublic high schools; 
  3.18     (4) vehicles owned by nonprofit charities and used 
  3.19  exclusively to transport disabled persons for educational 
  3.20  purposes; 
  3.21     (5) ~~vehicles owned and used by honorary consul;~~ 
  3.22     ~~(6)~~ ambulances owned by ambulance services licensed under 
  3.23  section 144E.10, the general appearance of which is 
  3.24  unmistakable; and 
  3.25     ~~(7)~~ (6) vehicles owned by a commercial driving school 
  3.26  licensed under section 171.34, or an employee of a commercial 
  3.27  driving school licensed under section 171.34, and the vehicle is 
  3.28  used exclusively for driver education and training. 
  3.29     (b) Vehicles owned by the federal government, municipal 
  3.30  fire apparatuses including fire-suppression support vehicles, 
  3.31  police patrols, and ambulances, the general appearance of which 
  3.32  is unmistakable, are not required to register or display number 
  3.33  plates.  
  3.34     (c) Unmarked vehicles used in general police work, liquor 
  3.35  investigations, or arson investigations, and passenger 
  3.36  automobiles, pickup trucks, and buses owned or operated by the 
  4.1   department of corrections, must be registered and must display 
  4.2   appropriate license number plates, furnished by the registrar at 
  4.3   cost.  Original and renewal applications for these license 
  4.4   plates authorized for use in general police work and for use by 
  4.5   the department of corrections must be accompanied by a 
  4.6   certification signed by the appropriate chief of police if 
  4.7   issued to a police vehicle, the appropriate sheriff if issued to 
  4.8   a sheriff's vehicle, the commissioner of corrections if issued 
  4.9   to a department of corrections vehicle, or the appropriate 
  4.10  officer in charge if issued to a vehicle of any other law 
  4.11  enforcement agency.  The certification must be on a form 
  4.12  prescribed by the commissioner and state that the vehicle will 
  4.13  be used exclusively for a purpose authorized by this section.  
  4.14     (d) Unmarked vehicles used by the departments of revenue 
  4.15  and labor and industry, fraud unit, in conducting seizures or 
  4.16  criminal investigations must be registered and must display 
  4.17  passenger vehicle classification license number plates, 
  4.18  furnished at cost by the registrar.  Original and renewal 
  4.19  applications for these passenger vehicle license plates must be 
  4.20  accompanied by a certification signed by the commissioner of 
  4.21  revenue or the commissioner of labor and industry.  The 
  4.22  certification must be on a form prescribed by the commissioner 
  4.23  and state that the vehicles will be used exclusively for the 
  4.24  purposes authorized by this section. 
  4.25     (e) Unmarked vehicles used by the division of disease 
  4.26  prevention and control of the department of health must be 
  4.27  registered and must display passenger vehicle classification 
  4.28  license number plates.  These plates must be furnished at cost 
  4.29  by the registrar.  Original and renewal applications for these 
  4.30  passenger vehicle license plates must be accompanied by a 
  4.31  certification signed by the commissioner of health.  The 
  4.32  certification must be on a form prescribed by the commissioner 
  4.33  and state that the vehicles will be used exclusively for the 
  4.34  official duties of the division of disease prevention and 
  4.35  control.  
  4.36     (f) Unmarked vehicles used by staff of the gambling control 
  5.1   board in gambling investigations and reviews must be registered 
  5.2   and must display passenger vehicle classification license number 
  5.3   plates.  These plates must be furnished at cost by the 
  5.4   registrar.  Original and renewal applications for these 
  5.5   passenger vehicle license plates must be accompanied by a 
  5.6   certification signed by the board chair.  The certification must 
  5.7   be on a form prescribed by the commissioner and state that the 
  5.8   vehicles will be used exclusively for the official duties of the 
  5.9   gambling control board.  
  5.10     (g) All other motor vehicles must be registered and display 
  5.11  tax-exempt number plates, furnished by the registrar at cost, 
  5.12  except as provided in subdivision 1c.  All vehicles required to 
  5.13  display tax-exempt number plates must have the name of the state 
  5.14  department or political subdivision, nonpublic high school 
  5.15  operating a driver education program, or licensed commercial 
  5.16  driving school, plainly displayed on both sides of the vehicle; 
  5.17  except that each state hospital and institution for the mentally 
  5.18  ill and mentally retarded may have one vehicle without the 
  5.19  required identification on the sides of the vehicle, and county 
  5.20  social service agencies may have vehicles used for child and 
  5.21  vulnerable adult protective services without the required 
  5.22  identification on the sides of the vehicle.  This identification 
  5.23  must be in a color giving contrast with that of the part of the 
  5.24  vehicle on which it is placed and must endure throughout the 
  5.25  term of the registration.  The identification must not be on a 
  5.26  removable plate or placard and must be kept clean and visible at 
  5.27  all times; except that a removable plate or placard may be 
  5.28  utilized on vehicles leased or loaned to a political subdivision 
  5.29  or to a nonpublic high school driver education program. 
  5.30     Sec. 4.  Minnesota Statutes 2000, section 168.013, 
  5.31  subdivision 3, is amended to read: 
  5.32     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
  5.33  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
  5.34  gross weight shall state the unloaded weight of the motor 
  5.35  vehicle, trailer, or semitrailer and the maximum load the 
  5.36  applicant proposes to carry ~~thereon~~ on it, the sum of 
  6.1   which ~~shall constitute~~ constitutes the gross weight upon which 
  6.2   the license tax ~~shall~~ must be paid~~, but in no case shall~~.  
  6.3   However, the declared gross weight upon which the tax is 
  6.4   paid must not be less than 1-1/4 times the declared unloaded 
  6.5   weight of the motor vehicle, trailer, or semitrailer to be 
  6.6   registered, except recreational vehicles taxed under subdivision 
  6.7   1g, school buses taxed under subdivision 18, and tow trucks or 
  6.8   towing vehicles defined in section 169.01, subdivision 52.  The 
  6.9   gross weight of a tow truck or towing vehicle is the actual 
  6.10  weight of the tow truck or towing vehicle fully equipped, but 
  6.11  does not include the weight of a wrecked or disabled vehicle 
  6.12  towed or drawn by the tow truck or towing vehicle. 
  6.13     (b) The gross weight of ~~no~~ a motor vehicle, trailer, or 
  6.14  semitrailer ~~shall~~ must not exceed the gross weight upon which 
  6.15  the license tax has been paid by more than four percent or 1,000 
  6.16  pounds, whichever is greater. 
  6.17     (c) The gross weight of the motor vehicle, trailer, or 
  6.18  semitrailer for which the license tax is paid ~~shall~~ must be 
  6.19  indicated by a distinctive character on the license plate or 
  6.20  plates except as provided in subdivision 12 and the plate or 
  6.21  plates ~~shall~~ must be kept clean and clearly visible at all times.
  6.22     (d) The owner, driver, or user of a motor vehicle, trailer, 
  6.23  or semitrailer, upon conviction for transporting a gross weight 
  6.24  in excess of the gross weight for which it was registered or for 
  6.25  operating a vehicle with an axle weight exceeding the maximum 
  6.26  lawful axle load weight ~~shall be~~, is guilty of a misdemeanor and 
  6.27  ~~be~~ subject to increased registration or reregistration according 
  6.28  to the following schedule: 
  6.29     (1) ~~The owner, driver or user of a motor vehicle, trailer~~ 
  6.30  ~~or semitrailer~~ Upon conviction for transporting a gross weight 
  6.31  in excess of the gross weight for which ~~it~~ a motor vehicle, 
  6.32  trailer, or semitrailer is registered by more than four percent 
  6.33  or 1,000 pounds, whichever is greater, but less than 25 percent, 
  6.34  or for operating or using a motor vehicle, trailer, or 
  6.35  semitrailer with an axle weight exceeding the maximum lawful 
  6.36  axle load as provided in section 169.825 by more than four 
  7.1   percent or 1,000 pounds, whichever is greater, but less than 25 
  7.2   percent, the owner, driver, or user of the motor vehicle, 
  7.3   trailer, or semitrailer used to commit the violation, in 
  7.4   addition to any penalty imposed for the misdemeanor, shall apply 
  7.5   to the registrar to increase the authorized gross weight to be 
  7.6   carried on the vehicle to a weight equal to or greater than the 
  7.7   gross weight the owner, driver, or user was convicted of 
  7.8   carrying~~,~~.  The increase is computed for the balance of the 
  7.9   calendar year on the basis of 1/12 of the annual tax for each 
  7.10  month remaining in the calendar year beginning with the first 
  7.11  day of the month in which the violation occurred.  If the 
  7.12  additional registration tax computed upon that weight, plus the 
  7.13  tax already paid, amounts to more than the regular tax for the 
  7.14  maximum gross weight permitted for the vehicle under section 
  7.15  169.825, that additional amount ~~shall~~ must nevertheless be paid 
  7.16  into the highway fund, but the additional tax thus paid ~~shall~~ 
  7.17  does not authorize or permit any person to operate the vehicle 
  7.18  ~~to be operated~~ with a gross weight in excess of the maximum 
  7.19  legal weight as provided by section 169.825.  Unless the owner 
  7.20  within 30 days after a conviction ~~shall apply~~ applies to 
  7.21  increase the authorized weight and ~~pay~~ pays the additional tax 
  7.22  as provided in this section, the registrar shall revoke the 
  7.23  registration on the vehicle and demand the return of the 
  7.24  registration card and plates issued on that registration. 
  7.25     (2) ~~The owner or driver or user of a motor vehicle, trailer~~ 
  7.26  ~~or semitrailer~~ Upon conviction of an owner, driver, or user of a 
  7.27  motor vehicle, trailer, or semitrailer for transporting a gross 
  7.28  weight in excess of the gross weight for which the motor 
  7.29  vehicle, trailer, or semitrailer was registered by 25 percent or 
  7.30  more, or for operating or using ~~a~~ the vehicle or trailer with an 
  7.31  axle weight exceeding the maximum lawful axle load as provided 
  7.32  in section 169.825 by 25 percent or more, and in addition to any 
  7.33  penalty imposed for the misdemeanor, the registrar shall ~~have~~ 
  7.34  either (i) cancel the reciprocity privileges on the vehicle 
  7.35  involved if the vehicle is being operated under 
  7.36  reciprocity ~~canceled by the registrar,~~ or (ii) if the vehicle is 
  8.1   not being operated under reciprocity, cancel the certificate of 
  8.2   registration on the vehicle operated ~~shall be canceled by the~~ 
  8.3   ~~registrar~~ and ~~the registrar shall~~ demand the return of the 
  8.4   registration certificate and registration plates.  The registrar 
  8.5   may not cancel the registration or reciprocity privileges for 
  8.6   any vehicle found in violation of seasonal load restrictions 
  8.7   imposed under section 169.87 unless the axle weight exceeds the 
  8.8   year-round weight limit for the highway on which the violation 
  8.9   occurred.  The registrar may investigate any allegation of gross 
  8.10  weight violations and demand that the operator show cause why 
  8.11  all future operating privileges in the state should not be 
  8.12  revoked unless the additional tax assessed is paid. 
  8.13     (3) Clause (1) does not apply to the first haul of 
  8.14  unprocessed or raw farm products or unfinished forest products, 
  8.15  when the registered gross weight is not exceeded by more than 
  8.16  ten percent.  For purposes of this clause, "first haul" means (i)
  8.17  the first, continuous transportation of unprocessed or raw farm 
  8.18  products from the place of production or on-farm storage site to 
  8.19  any other location within 50 miles of the place of production or 
  8.20  on-farm storage site, or (ii) the first, continuous 
  8.21  transportation of unfinished forest products from the place of 
  8.22  production to the place of first unloading. 
  8.23     (4) When the registration on a motor vehicle, trailer, or 
  8.24  semitrailer is revoked by the registrar according to ~~provisions~~ 
  8.25  ~~of~~ this section, the vehicle ~~shall~~ must not be operated on the 
  8.26  highways of the state until it is registered or reregistered, as 
  8.27  the case may be, and new plates issued, and the registration fee 
  8.28  ~~shall be~~ is the annual tax for the total gross weight of the 
  8.29  vehicle at the time of violation.  The reregistration pursuant 
  8.30  to this subdivision of any vehicle operating under reciprocity 
  8.31  agreements pursuant to section 168.181 or 168.187 ~~shall~~ must be 
  8.32  at the full annual registration fee without regard to the 
  8.33  percentage of vehicle miles traveled in this state.  
  8.34     Sec. 5.  Minnesota Statutes 2000, section 168.09, 
  8.35  subdivision 1, is amended to read: 
  8.36     Subdivision 1.  [REGISTRATION REQUIRED.] No trailer or 
  9.1   motor vehicle, except as is exempted by section 168.012, ~~shall~~ 
  9.2   ~~use~~ may be used or ~~be~~ operated upon the public streets or 
  9.3   highways of the state in any calendar year until it is 
  9.4   registered~~,~~ as provided in this section, ~~and~~ the motor vehicle 
  9.5   tax and fees as provided in this chapter are paid, and the 
  9.6   number plates issued for the trailer or motor vehicle are 
  9.7   displayed on ~~the vehicle~~ it.  No trailer or motor vehicle, 
  9.8   except as provided by section 168.012, which ~~shall~~ for any 
  9.9   reason is not ~~be~~ subject to taxation as provided in this 
  9.10  chapter, ~~shall use~~ may be used or ~~be~~ operated upon the public 
  9.11  streets or highways of this state until it is registered~~,~~ as 
  9.12  provided in this section~~,~~ and ~~shall display~~ displays number 
  9.13  plates as required by ~~the provisions of~~ this chapter, except 
  9.14  that the purchaser of a new trailer or motor vehicle may operate 
  9.15  ~~that motor vehicle~~ it without plates if the permit authorized by 
  9.16  section 168.091 or 168.092 is displayed. 
  9.17     Sec. 6.  Minnesota Statutes 2000, section 168.09, 
  9.18  subdivision 3, is amended to read: 
  9.19     Subd. 3.  [PRORATABLE VEHICLES; OTHER VEHICLES.] (a) Plates 
  9.20  or other insignia issued for a motor vehicle registered under 
  9.21  ~~the provisions of~~ section 168.187 for a calendar year shall be 
  9.22  displayed on the motor vehicle not later than 12:01 a.m. on 
  9.23  March 2 of the year unless extended by the registrar for the 
  9.24  period of time required for the issuance of the new plates or 
  9.25  insignia.  The commissioner of public safety shall register all 
  9.26  motor vehicles registered under section 168.187 for a period of 
  9.27  14 months for the registration year 1994 to implement ~~the~~ 
  9.28  ~~provisions of~~ this subdivision.  The registration year for 
  9.29  vehicles registered under section 168.187, as provided in this 
  9.30  section ~~shall be~~, is from March 1 to the last day of February 
  9.31  for 1995 and succeeding years.  
  9.32     (b) Except for a motor vehicle registered under section 
  9.33  168.017 or 168.187, plates or other insignia issued for a 
  9.34  self-propelled motor vehicle registered for over 27,000 
  9.35  pounds ~~except a motor vehicle registered under the provision of~~ 
  9.36  ~~sections 168.017 and 168.187~~ shall be displayed on the vehicle 
 10.1   not later than 12:01 a.m. on March 2 of the year, ~~nor~~ and, 
 10.2   except for recreational equipment, not earlier than 12:01 a.m. 
 10.3   on February 15 of the year, unless otherwise extended by the 
 10.4   registrar for the period of time required for ~~the issuance of~~ 
 10.5   issuing the new plates or insignia. 
 10.6      (c) Except for a motor vehicle registered under section 
 10.7   168.017 or 168.187, plates or other insignia issued for a 
 10.8   self-propelled vehicle registered for 27,000 pounds or less and 
 10.9   all other motor vehicles ~~except those registered under the~~ 
 10.10  ~~provisions of section 168.017 or 168.187~~ shall be displayed not 
 10.11  later than 12:01 a.m. on March 2 of the year, and, except for 
 10.12  recreational equipment, not earlier than January 1 of the year 
 10.13  unless otherwise extended by the registrar for the period of 
 10.14  time required for ~~the issuance of~~ issuing the new plates or 
 10.15  insignia.  The registration year for all vehicles as provided in 
 10.16  this paragraph and paragraph (b) ~~shall be~~ is from March 1 to the 
 10.17  last day of February for 1979 and succeeding years. 
 10.18     Sec. 7.  Minnesota Statutes 2000, section 168.10, 
 10.19  subdivision 1c, is amended to read: 
 10.20     Subd. 1c.  [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a) 
 10.21  The owner of any motor vehicle, including any truck, that is at 
 10.22  least 20 model years old ~~and~~, was manufactured after 1935, ~~or~~ 
 10.23  ~~any motor vehicle of a defunct make defined as any car or truck~~ 
 10.24  ~~originally licensed as a separate identifiable make as~~ 
 10.25  ~~designated by the division of motor vehicles,~~ and is owned and 
 10.26  operated solely as a collector's vehicle, shall ~~be listed~~ list 
 10.27  the vehicle for taxation and registration as follows:  
 10.28     (1) execute an affidavit ~~shall be executed~~ stating the name 
 10.29  and address of the person from whom purchased and of the new 
 10.30  owner, the make of the motor vehicle, the year and number of the 
 10.31  model, the manufacturer's identification number, and that the 
 10.32  vehicle is owned and operated solely as a collector's item and 
 10.33  not for general transportation purposes~~.  The owner must also~~; 
 10.34  and 
 10.35     (2) prove that the owner also has one or more vehicles with 
 10.36  regular license plates.  
 11.1   If the registrar is satisfied that the affidavit is true and 
 11.2   correct and the owner pays a $25 tax, the registrar shall list 
 11.3   the vehicle for taxation and registration and shall issue a 
 11.4   single number plate. 
 11.5      (b) The number plate issued shall bear the inscription 
 11.6   "Collector," "Minnesota," and the registration number or other 
 11.7   combination of characters authorized under section 168.12, 
 11.8   subdivision 2a, but no date.  The number plate is valid without 
 11.9   renewal as long as the vehicle is in existence.  The registrar 
 11.10  has the power to revoke the plate for failure to comply with 
 11.11  this subdivision. 
 11.12     Sec. 8.  Minnesota Statutes 2000, section 168.123, 
 11.13  subdivision 2, is amended to read: 
 11.14     Subd. 2.  [DESIGN.] The commissioner of veterans affairs 
 11.15  shall design the special plates, subject to the approval of the 
 11.16  registrar, that satisfy the following requirements:  
 11.17     (a) For a Vietnam veteran who served after July 1, 1961, 
 11.18  and before July 1, 1978, the special plates must bear the 
 11.19  inscription "VIETNAM VET" and the letters "V" and "V" with the 
 11.20  first letter directly above the second letter and both letters 
 11.21  just preceding the first numeral of the special license plate 
 11.22  number. 
 11.23     (b) For a veteran stationed on the island of Oahu, Hawaii, 
 11.24  or offshore, during the attack on Pearl Harbor on December 7, 
 11.25  1941, the special plates must bear the inscription "PEARL HARBOR 
 11.26  SURVIVOR" and the letters "P" and "H" with the first letter 
 11.27  directly above the second letter and both letters just preceding 
 11.28  the first numeral of the special license plate number. 
 11.29     (c) For a veteran who served during World War I or World 
 11.30  War II, the special plates must bear the inscription "WORLD WAR 
 11.31  VET" and: 
 11.32     (1) for a World War I veteran, the characters "W" and "I" 
 11.33  with the first character directly above the second character and 
 11.34  both characters just preceding the first numeral of the special 
 11.35  license plate number; or 
 11.36     (2) for a World War II veteran, the characters "W" and "II" 
 12.1   with the first character directly above the second character and 
 12.2   both characters just preceding the first numeral of the special 
 12.3   license plate number. 
 12.4      (d) For a veteran who served during the Korean Conflict, 
 12.5   the special plates must bear the inscription "KOREAN VET" and 
 12.6   the letters "K" and "V" with the first letter directly above the 
 12.7   second letter and both letters just preceding the first numeral 
 12.8   of the special license plate number.  
 12.9      (e) For a combat wounded veteran who is a recipient of the 
 12.10  purple heart medal, the special plates must bear the inscription 
 12.11  "COMBAT WOUNDED VET" and inscribed with a facsimile of the 
 12.12  official purple heart medal and the letters "c" over "w" with 
 12.13  the first letter directly over the second letter just preceding 
 12.14  the first numeral of the special license plate number. 
 12.15     (f) For a Persian Gulf war veteran, the special plates must 
 12.16  bear the inscription "GULF WAR VET" and the letters "G" and "W" 
 12.17  with the first letter directly above the second letter and both 
 12.18  letters just preceding the first numeral of the special license 
 12.19  plate number.  For the purposes of this section, "Persian Gulf 
 12.20  war veteran" means a person who served on active duty after 
 12.21  August 1, 1990, in a branch of the armed forces of the United 
 12.22  States or United Nations during Operation Desert Shield, 
 12.23  Operation Desert Storm, or other military operation in the 
 12.24  Persian Gulf area combat zone as designated in United States 
 12.25  Presidential Executive Order No. 12744, dated January 21, 1991. 
 12.26     (g) For a veteran who served in the Laos War after July 1, 
 12.27  1961, and before July 1, 1978, the special plates must bear the 
 12.28  inscription "LAOS WAR VET" and the letters "L" and "V" with the 
 12.29  first letter directly above the second letter and both letters 
 12.30  just preceding the first numeral of the special license plate 
 12.31  number. 
 12.32     (h) For any other veteran, as defined in section 197.447, 
 12.33  the special plates must bear the inscription "PROUD TO BE A 
 12.34  VETERAN" on the bottom of the plate, and the flag of the United 
 12.35  States of America on the left side of the plate just preceding 
 12.36  the first letter or numeral of the special license plate 
 13.1   number.  The registrar must determine both the actual costs and 
 13.2   fees paid for the plates, and must pay the fees into the state 
 13.3   treasury to be credited as follows: 
 13.4      (1) a sum equal to the cost of the plates must be credited 
 13.5   to the highway user tax distribution fund; and 
 13.6      (2) any remainder must be credited to the World War II 
 13.7   memorial donation match account. 
 13.8      Sec. 9.  [168.1255] [SPECIAL PATRIOT LICENSE PLATES.] 
 13.9      Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] The 
 13.10  registrar shall issue special patriot license plates to an 
 13.11  applicant who: 
 13.12     (1) is an owner or joint owner of a passenger automobile, 
 13.13  pickup truck, or van; 
 13.14     (2) pays a fee of $10 to cover the costs of handling and 
 13.15  manufacturing the plates; 
 13.16     (3) pays the registration tax required under section 
 13.17  168.013; 
 13.18     (4) pays the fees required under this chapter; and 
 13.19     (5) complies with laws and rules governing registration and 
 13.20  licensing of vehicles and drivers. 
 13.21     Subd. 2.  [DESIGN.] The special patriot plates must bear 
 13.22  the inscription "PROUD TO BE AN AMERICAN" on the bottom of the 
 13.23  plate, and the flag of the United States of America on the left 
 13.24  side of the plate just preceding the first letter or numeral of 
 13.25  the special license plate number.  The special license plates 
 13.26  must be of a design and size to be determined by the registrar. 
 13.27     Subd. 3.  [PLATE TRANSFERS.] Notwithstanding section 
 13.28  168.12, subdivision 1, on payment of a transfer fee of $5, 
 13.29  plates issued under this section may be transferred to another 
 13.30  passenger automobile, pickup truck, or van owned or jointly 
 13.31  owned by the person to whom the special plates were issued. 
 13.32     Subd. 4.  [FEES CREDITED.] The registrar must determine 
 13.33  both the actual costs and fees paid for the special plates, and 
 13.34  must pay the fees into the state treasury to be credited as 
 13.35  follows: 
 13.36     (1) a sum equal to the cost of the plates must be credited 
 14.1   to the highway user tax distribution fund; and 
 14.2      (2) any remainder must be credited to the state World War 
 14.3   II memorial fund. 
 14.4      Subd. 5.  [RECORD.] The registrar shall maintain a record 
 14.5   of the number of special plates issued under this section. 
 14.6      Sec. 10.  Minnesota Statutes 2000, section 168.27, as 
 14.7   amended by Laws 2001, chapter 151, section 1; and Laws 2001, 
 14.8   First Special Session chapter 8, article 2, sections 35 and 36, 
 14.9   is amended to read: 
 14.10     168.27 [MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES.] 
 14.11     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 14.12  section, the ~~following~~ terms in paragraphs (b) to (o) have the 
 14.13  meanings given them~~:~~. 
 14.14     ~~(1)~~ (b) "Leasing motor vehicles" means furnishing a motor 
 14.15  vehicle for a fee under a bailor-bailee relationship where no 
 14.16  incidences of ownership are intended to be transferred other 
 14.17  than the right to use the vehicle for a stated period of time. 
 14.18     ~~(2)~~ (c) "Brokering motor vehicles" means arranging sales or 
 14.19  leases between buyers and sellers, or lessees and lessors, of 
 14.20  motor vehicles and receiving a fee for those services. 
 14.21     ~~(3)~~ (d) "Wholesaling motor vehicles" means selling new or 
 14.22  used motor vehicles to dealers for resale to the public. 
 14.23     ~~(4)~~ (e) "Auctioning motor vehicles" means arranging for and 
 14.24  handling the sale of motor vehicles, not the property of the 
 14.25  auctioneer, to the highest bidder. 
 14.26     ~~(5)~~ (f) "Dealer" includes licensed new motor vehicle 
 14.27  dealers, used motor vehicle dealers, motor vehicle brokers, 
 14.28  wholesalers, auctioneers, lessors of new or used motor vehicles, 
 14.29  scrap metal processors, used vehicle parts dealers, and salvage 
 14.30  pools. 
 14.31     ~~(6)~~ (g) "Commercial building" means a permanent, enclosed 
 14.32  building that is on a permanent foundation and connected to 
 14.33  local sewer and water facilities or otherwise complying with 
 14.34  local sanitary codes, is adapted to commercial use, and conforms 
 14.35  to local government zoning requirements.  "Commercial building" 
 14.36  may include strip office malls or garages if a separate entrance 
 15.1   and a separate address are maintained and the dealership is 
 15.2   clearly identified as a separate business. 
 15.3      ~~(7)~~ (h) "Commercial office space" means office space 
 15.4   occupying all or part of a commercial building. 
 15.5      ~~(8)~~ (i) "Horse trailer" is a trailer designed and used to 
 15.6   carry horses and other livestock, which has not more than three 
 15.7   axles and a maximum gross weight capacity of not more than 
 15.8   24,000 pounds. 
 15.9      ~~(9)~~ (j) "Used motor vehicle" means a motor vehicle for 
 15.10  which title has been transferred from the person who first 
 15.11  acquired it from the manufacturer, distributor, or dealer.  A 
 15.12  new motor vehicle will not be considered a used motor vehicle 
 15.13  until it has been placed in actual operation and not held for 
 15.14  resale by an owner who has been granted a certificate of title 
 15.15  on the motor vehicle and has registered the motor vehicle in 
 15.16  accordance with this chapter and chapters 168A and 297B, or the 
 15.17  laws of the residence of the owner.  
 15.18     ~~(10)~~ (k) "New motor vehicle" means a motor vehicle other 
 15.19  than described in paragraph ~~(9)~~ (j).  
 15.20     ~~(11)~~ (l) "Junked vehicle" means a vehicle that is declared 
 15.21  unrepairable under section 168A.151. 
 15.22     ~~(12)~~ (m) "Motor vehicle" has the meaning given it in 
 15.23  section 168.011, subdivision 4, and also includes a park trailer 
 15.24  as defined in section 168.011, subdivision 8. 
 15.25     ~~(13)~~ (n) "Motor vehicle broker" means a person who arranges 
 15.26  the sale of a motor vehicle between a buyer and a seller, or the 
 15.27  lease of a motor vehicle between a lessee and a lessor, for 
 15.28  which service the broker receives a fee. 
 15.29     (o) "Registration year" means the 12-month period for which 
 15.30  a dealer license is issued. 
 15.31     Subd. 1a.  [DEALER LICENSE CATEGORIES.] (a) No person shall 
 15.32  engage in the business of selling new motor vehicles or shall 
 15.33  offer to sell, solicit, deliver, or advertise the sale of new 
 15.34  motor vehicles without first acquiring a new motor vehicle 
 15.35  dealer license. 
 15.36     (b) No person shall engage in the business of selling used 
 16.1   motor vehicles or shall offer to sell, solicit, deliver, or 
 16.2   advertise the sale of used motor vehicles without first 
 16.3   acquiring a used motor vehicle dealer license. 
 16.4      (c) No person shall engage in the business of buying or 
 16.5   otherwise acquiring vehicles other than hulks; or offering to 
 16.6   buy or otherwise acquire, or soliciting or advertising the 
 16.7   buying or acquiring of, vehicles other than hulks for processing 
 16.8   and selling the metal for remelting without first acquiring a 
 16.9   scrap metal processor license. 
 16.10     For purposes of this paragraph, a "hulk" is a motor vehicle 
 16.11  that is incapable, under its own power, of moving and is 
 16.12  incapable of transporting persons or property and has had 
 16.13  valuable used parts removed.  Its sole value is its metallic 
 16.14  content. 
 16.15     (d) No person shall be primarily engaged in the business of 
 16.16  buying or otherwise acquiring vehicles for the purpose of 
 16.17  dismantling the vehicles and selling used parts and the 
 16.18  remaining scrap metals without first acquiring a used vehicle 
 16.19  parts dealer license. 
 16.20     (e) No person shall engage in the business of storing and 
 16.21  displaying, offering to store or display, or soliciting or 
 16.22  advertising the storing or displaying, for sale, of damaged or 
 16.23  junked vehicles as an agent or escrow agent of an insurance 
 16.24  company without first acquiring a vehicle salvage pool license. 
 16.25     (f) No person shall engage in the business of leasing motor 
 16.26  vehicles or shall offer to lease, solicit or advertise to lease 
 16.27  motor vehicles without first acquiring a motor vehicle lessor 
 16.28  license. 
 16.29     (g) No person shall engage in the business of wholesaling 
 16.30  motor vehicles to dealers for resale or shall offer to sell, 
 16.31  solicit or advertise the sale of motor vehicles to dealers for 
 16.32  resale without first acquiring a motor vehicle wholesaler 
 16.33  license. 
 16.34     (h) No person shall engage in the business of auctioning 
 16.35  motor vehicles for more than one owner at an auction or shall 
 16.36  offer to sell, solicit or advertise the sale of motor vehicles 
 17.1   at auction without first acquiring a motor vehicle auctioneer 
 17.2   license. 
 17.3      (i) No person shall engage in the business of brokering 
 17.4   motor vehicles without first acquiring a motor vehicle broker's 
 17.5   license. 
 17.6      Subd. 2.  [NEW MOTOR VEHICLE DEALER.] (a) ~~No person shall~~ 
 17.7   ~~engage in the business of selling new motor vehicles or shall~~ 
 17.8   ~~offer to sell, solicit, deliver, or advertise the sale of new~~ 
 17.9   ~~motor vehicles without first acquiring a new motor vehicle~~ 
 17.10  ~~dealer license.~~  A new motor vehicle dealer licensee ~~shall be~~ 
 17.11  ~~entitled thereunder to~~ may sell, broker, wholesale, or auction 
 17.12  and ~~to~~ solicit and advertise the sale, broker, wholesale, or 
 17.13  auction of new motor vehicles covered by the franchise and any 
 17.14  used motor vehicles or to lease and to solicit and advertise the 
 17.15  lease of new motor vehicles and any used motor vehicles ~~and such~~.
 17.16  New motor vehicle dealer sales or leases may be either for 
 17.17  consumer use at retail or for resale to a dealer.  A new motor 
 17.18  vehicle dealer may engage in the business of buying or otherwise 
 17.19  acquiring vehicles for dismantling the vehicles and selling used 
 17.20  parts and remaining scrap materials under chapter 168A, except 
 17.21  that a new motor vehicle dealer may not purchase a junked 
 17.22  vehicle from a salvage pool, insurance company, or its agent 
 17.23  unless the dealer is also licensed as a used vehicle parts 
 17.24  dealer.  Nothing ~~herein shall be construed to require~~ in this 
 17.25  subdivision requires an applicant for a dealer license who 
 17.26  proposes to deal in:  (1) new and unused motor vehicle bodies; 
 17.27  or (2) type A, B, or C motor homes as defined in section 
 17.28  168.011, subdivision 25, to have a bona fide contract or 
 17.29  franchise in effect with either the first-stage manufacturer of 
 17.30  the motor home or the manufacturer or distributor of any motor 
 17.31  vehicle chassis upon which the new and unused motor vehicle body 
 17.32  is mounted.  The modification or conversion of a new van-type 
 17.33  vehicle into a multipurpose passenger vehicle which is not a 
 17.34  motor home does not constitute dealing in new or unused motor 
 17.35  vehicle bodies, and a person engaged in the business of selling 
 17.36  these van-type vehicles must have a bona fide contract or 
 18.1   franchise with the appropriate manufacturer under subdivision 
 18.2   10.  A van converter or modifier who owns these modified or 
 18.3   converted van-type vehicles may sell them at wholesale to new 
 18.4   motor vehicle dealers having a bona fide contract or franchise 
 18.5   with the first-stage manufacturer of the vehicles. 
 18.6      (b) The requirements pertaining to franchises do not apply 
 18.7   to persons who remodel or convert motor vehicles for medical 
 18.8   purposes.  For purposes of this subdivision, "medical purpose" 
 18.9   means certification by a licensed physician that remodeling or 
 18.10  conversion of a motor vehicle is necessary to enable a disabled 
 18.11  person to use the vehicle. 
 18.12     (c) A new motor vehicle dealer shall not deliver a 
 18.13  manufacturer's or importer's certificate of origin for a 
 18.14  passenger automobile, pickup truck, or van requiring a 
 18.15  certificate of title ~~pursuant~~ according to chapter 168A to any 
 18.16  person in conjunction with the sale of a vehicle except to the 
 18.17  department, another new motor vehicle dealer licensed to sell 
 18.18  the same line or make, or a person whose primary business is 
 18.19  picking up and delivering motor vehicle title documents. 
 18.20     (d) If a new motor vehicle dealer agrees to sell or lease a 
 18.21  new motor vehicle using the services of a motor vehicle broker, 
 18.22  the new motor vehicle dealer may not refuse to deliver 
 18.23  possession of the vehicle to the buyer or lessee.  This 
 18.24  paragraph does not require delivery unless all arrangements have 
 18.25  been properly completed for payment, insurance required by law, 
 18.26  titling, transfer, and registration of the new vehicle and any 
 18.27  trade-in vehicle.  Delivery may take place at or away from the 
 18.28  dealership. 
 18.29     Subd. 3.  [USED MOTOR VEHICLE DEALER.] ~~No person shall~~ 
 18.30  ~~engage in the business of selling or arranging the sale of used~~ 
 18.31  ~~motor vehicles or shall offer to sell, solicit, arrange, or~~ 
 18.32  ~~advertise the sale of used motor vehicles without first~~ 
 18.33  ~~acquiring a used motor vehicle dealer license.~~  A used motor 
 18.34  vehicle dealer licensee ~~shall be entitled thereunder to~~ may 
 18.35  sell, lease, broker, wholesale or auction and ~~to~~ solicit and 
 18.36  advertise the sale, lease, broker, wholesale or auction of any 
 19.1   used motor vehicles for consumer use at retail or for resale to 
 19.2   a dealer.  A used motor vehicle dealer may engage in the 
 19.3   business of buying or otherwise acquiring vehicles for 
 19.4   dismantling the vehicles and selling used parts and remaining 
 19.5   scrap materials under chapter 168A, except that a used motor 
 19.6   vehicle dealer may not acquire a junked vehicle from a salvage 
 19.7   pool, insurance company, or its agent, unless the dealer is also 
 19.8   licensed as a used vehicle parts dealer. 
 19.9      Subd. 3a.  [SCRAP METAL PROCESSOR.] ~~(a) A person must have~~ 
 19.10  ~~a scrap metal processor license to engage in the business of:~~ 
 19.11     ~~(1) buying or otherwise acquiring vehicles other than~~ 
 19.12  ~~hulks; or~~ 
 19.13     ~~(2) offering to buy or otherwise acquire, or soliciting or~~ 
 19.14  ~~advertising the buying or acquiring of, vehicles other than~~ 
 19.15  ~~hulks for processing and selling the metal for remelting.  For~~ 
 19.16  ~~purposes of this subdivision, a "hulk" is a motor vehicle that~~ 
 19.17  ~~is incapable, under its own power, of moving and is incapable of~~ 
 19.18  ~~transporting persons or property and has had any valuable used~~ 
 19.19  ~~parts removed.  Its sole value is its metallic content.~~ 
 19.20     ~~(b)~~ A scrap metal processor licensee ~~is entitled to~~ may buy 
 19.21  or otherwise acquire vehicles and ~~to~~ solicit and advertise the 
 19.22  buying or acquiring of vehicles for processing and selling the 
 19.23  metal for remelting.  A scrap metal processor licensee may not 
 19.24  acquire a junked vehicle for the purpose of dismantling and 
 19.25  selling used vehicle parts and remaining scrap materials unless 
 19.26  the scrap metal processor is also licensed as a used vehicle 
 19.27  parts dealer. 
 19.28     ~~Subd. 3b.  [USED VEHICLE PARTS DEALER.] A person must have~~ 
 19.29  ~~a used vehicle parts dealer's license to be primarily engaged in~~ 
 19.30  ~~the business of buying or otherwise acquiring vehicles for the~~ 
 19.31  ~~purpose of dismantling the vehicles and selling used parts and~~ 
 19.32  ~~the remaining scrap metals.~~ 
 19.33     Subd. 3c.  [VEHICLE SALVAGE POOL.] ~~A person must have a~~ 
 19.34  ~~vehicle salvage pool license to engage in the business of:~~  
 19.35  ~~storing and displaying, offering to store or display, or~~ 
 19.36  ~~soliciting or advertising the storing or displaying, for sale,~~ 
 20.1   ~~of damaged or junked vehicles as an agent or escrow agent of an~~ 
 20.2   ~~insurance company.~~  A vehicle salvage pool licensee ~~is entitled~~ 
 20.3   ~~to~~ may store and display and ~~to~~ may solicit and advertise the 
 20.4   storing and displaying, for sale, of damaged or junked vehicles 
 20.5   as an agent or escrow agent of an insurance company.  A vehicle 
 20.6   salvage pool licensee shall not sell junked vehicles to any 
 20.7   party other than a licensed used parts dealer. 
 20.8      Subd. 4.  [MOTOR VEHICLE LESSOR.] ~~No person shall engage in~~ 
 20.9   ~~the business of leasing motor vehicles or shall offer to lease,~~ 
 20.10  ~~solicit or advertise to lease motor vehicles without first~~ 
 20.11  ~~acquiring a motor vehicle lessor license.~~  A motor vehicle 
 20.12  lessor licensee ~~shall be entitled thereunder to~~ may lease or 
 20.13  rent either by the hour, day or longer period for a fee and ~~to~~ 
 20.14  may solicit and advertise the lease or rental of motor 
 20.15  vehicles.  A motor vehicle lessor having leased motor vehicles, 
 20.16  may sell the vehicles upon their return to the lessor after 
 20.17  termination or expiration of the lease without obtaining a used 
 20.18  motor vehicle dealer license. 
 20.19     Subd. 4a.  [LIMITED USED VEHICLE LICENSE.] A limited used 
 20.20  vehicle license shall be provided to a nonprofit charitable 
 20.21  organization that qualifies for tax exemption under section 
 20.22  501(c)(3) of the Internal Revenue Code whose primary business in 
 20.23  the transfer of vehicles is to raise funds for the corporation, 
 20.24  who acquires vehicles for sale through donation, and who uses a 
 20.25  licensed motor vehicle auctioneer to sell vehicles to retail 
 20.26  customers.  This license does not apply to educational 
 20.27  institutions whose primary purpose is to train students in the 
 20.28  repair, maintenance, and sale of motor vehicles.  A limited used 
 20.29  vehicle license allows the organization to accept assignment of 
 20.30  vehicles without the requirement to transfer title as provided 
 20.31  in section 168A.10 until sold to a retail customer.  Limited 
 20.32  used vehicle license holders are not entitled to dealer plates, 
 20.33  and shall report all vehicles held for resale to the department 
 20.34  of public safety in a manner and time prescribed by the 
 20.35  department. 
 20.36     Subd. 5a.  [CONSIGNMENT SALES.] No person may solicit, 
 21.1   accept, offer for sale, or sell motor vehicles for consignment 
 21.2   sale unless licensed as a new or used motor vehicle dealer, a 
 21.3   motor vehicle wholesaler, or a motor vehicle auctioneer.  This 
 21.4   requirement does not apply to a licensed auctioneer selling 
 21.5   motor vehicles at an auction if, in the ordinary course of the 
 21.6   auctioneer's business, the sale of motor vehicles is incidental 
 21.7   to the sale of other real or personal property.  Incidental 
 21.8   means up to a total of ten but no more than ten percent of the 
 21.9   items in the posted auction bill are motor vehicles.  
 21.10     Subd. 6.  [MOTOR VEHICLE WHOLESALER.] ~~No person shall~~ 
 21.11  ~~engage in the business of wholesaling motor vehicles to dealers~~ 
 21.12  ~~for resale or shall offer to sell, solicit or advertise the sale~~ 
 21.13  ~~of motor vehicles to dealers for resale without first acquiring~~ 
 21.14  ~~a motor vehicle wholesaler license.~~  A motor vehicle wholesaler 
 21.15  licensee ~~shall be entitled thereunder to~~ may sell, solicit or 
 21.16  advertise the sale of motor vehicles at wholesale for resale; 
 21.17  provided that a wholesaler may sell, solicit, or advertise the 
 21.18  sale of new motor vehicles only to dealers duly licensed to sell 
 21.19  the same make of motor vehicles. 
 21.20     Subd. 7.  [MOTOR VEHICLE AUCTIONEER.] ~~No person shall~~ 
 21.21  ~~engage in the business of auctioning motor vehicles for more~~ 
 21.22  ~~than one owner at an auction or shall offer to sell, solicit or~~ 
 21.23  ~~advertise the sale of motor vehicles at auction without first~~ 
 21.24  ~~acquiring a motor vehicle auctioneer license.~~  A motor vehicle 
 21.25  auctioneer licensee ~~shall be entitled thereunder to~~ may sell, 
 21.26  solicit and advertise the sale of used motor vehicles belonging 
 21.27  to others at auction. 
 21.28     Subd. 7a.  [MOTOR VEHICLE BROKER.] (a) ~~No person shall~~ 
 21.29  ~~engage in the business of brokering motor vehicles without first~~ 
 21.30  ~~acquiring a motor vehicle broker's license.~~  A motor vehicle 
 21.31  broker shall provide each buyer or lessee with a written 
 21.32  disclosure stating whether the motor vehicle broker receives a 
 21.33  fee from the dealers with whom the broker does business.  The 
 21.34  new or used motor vehicle dealer ~~shall be~~ is the seller of 
 21.35  record in all such transactions.  The motor vehicle dealer may 
 21.36  pay the motor vehicle broker a fee for brokering services 
 22.1   rendered.  A motor vehicle broker may: 
 22.2      (1) advertise and solicit the brokering of new motor 
 22.3   vehicles.  A motor vehicle broker shall not advertise or make 
 22.4   any representations which state, imply, or suggest that the 
 22.5   motor vehicle broker itself sells vehicles, is authorized to 
 22.6   sell vehicles, or obtains vehicles directly from the motor 
 22.7   vehicle manufacturer.  All advertising or other solicitations by 
 22.8   a motor vehicle broker shall disclose that sales of new motor 
 22.9   vehicles are arranged through franchised motor vehicle dealers; 
 22.10     (2) negotiate or quote the sale price or lease terms of 
 22.11  motor vehicles; 
 22.12     (3) prepare and deliver documents necessary to the 
 22.13  transaction; 
 22.14     (4) accept a down payment not to exceed $500, but otherwise 
 22.15  may not accept payment in full or in part for a motor vehicle 
 22.16  unless the payment is in the form of a negotiable instrument 
 22.17  payable to the vehicle dealer; 
 22.18     (5) accompany a motor vehicle purchaser or lessee at the 
 22.19  time of delivery by the selling dealer of a new motor vehicle; 
 22.20  and 
 22.21     (6) be present when warranties and safety features are 
 22.22  described by the selling dealer in conjunction with the delivery 
 22.23  of a new motor vehicle. 
 22.24     (b) A motor vehicle broker shall not: 
 22.25     (1) engage in the business of selling new or used motor 
 22.26  vehicles as described in subdivisions 2 and 3; 
 22.27     (2) execute contracts or official documents for the sale or 
 22.28  lease of a new motor vehicle; 
 22.29     (3) describe a new vehicle's warranties or safety features 
 22.30  in conjunction with the delivery of a new motor vehicle; 
 22.31     (4) display motor vehicles available for sale or lease; or 
 22.32     (5) perform any dealer preparation of new motor vehicles. 
 22.33  All dealer preparation shall be performed only by a licensed new 
 22.34  motor vehicle dealer. 
 22.35     (c) This subdivision does not apply to licensed motor 
 22.36  vehicle lessors and shall not be construed to restrict licensed 
 23.1   motor vehicle lessors from brokering motor vehicle leases or 
 23.2   otherwise engaging in the leasing of motor vehicles in 
 23.3   accordance with subdivisions 1 and 4. 
 23.4      Subd. 8.  [EXEMPTIONS.] (a) Salespeople and other employees 
 23.5   of licensed dealers under this section are not required to 
 23.6   obtain individual licenses. 
 23.7      (b) Isolated or occasional sales or leases of new or used 
 23.8   motor vehicles are exempt from this section.  A person who makes 
 23.9   only isolated or occasional sales or leases is not required to 
 23.10  be licensed under this section, is not considered to be in the 
 23.11  business of selling or leasing motor vehicles, and does not 
 23.12  qualify to receive dealer plates under subdivision 16.  
 23.13  "Isolated or occasional sales or leases" means:  (1) the sale or 
 23.14  lease of a motor vehicle with an actual cash value of $1,000 or 
 23.15  less made by a charitable organization; (2) the sale, purchase, 
 23.16  or lease of not more than five motor vehicles in a 12-month 
 23.17  period, other than pioneer or classic motor vehicles as defined 
 23.18  in section 168.10, subdivisions 1a and 1b, or (3) sales by a 
 23.19  licensed auctioneer selling motor vehicles at an auction if, in 
 23.20  the ordinary course of the auctioneer's business, the sale of 
 23.21  motor vehicles is incidental to the sale of other real or 
 23.22  personal property.  For purposes of this subdivision, charitable 
 23.23  organization means a nonprofit charitable organization that 
 23.24  qualifies for tax exemption under section 501(c)(3) of the 
 23.25  Internal Revenue Code. 
 23.26     (c) A person whose sales of new and used motor vehicles 
 23.27  consist solely of sales to political subdivisions and their 
 23.28  agencies of vehicles used solely as firefighting equipment is 
 23.29  not required to obtain a license under this section.  The person 
 23.30  may apply for and receive in-transit plates under subdivision 17 
 23.31  in the same manner as licensed motor vehicle dealers for the 
 23.32  purpose of allowing firefighting equipment to be transported 
 23.33  from the dealer's source of supply or other place of storage to 
 23.34  the dealer's place of business, to another place of storage, or 
 23.35  directly to the purchaser. 
 23.36     Subd. 9.  [APPLICATION.] ~~Application for such license and~~ 
 24.1   ~~renewal thereof shall~~ All license applications under this 
 24.2   section and all license renewals must be made to the registrar 
 24.3   of motor vehicles~~, shall be in writing,~~ and duly verified by 
 24.4   oath.  The applicant shall submit such information as the 
 24.5   registrar may require to administer this section~~, on blanks~~ 
 24.6   ~~provided by the registrar for such purpose~~ in a manner and 
 24.7   format prescribed by the registrar. 
 24.8      Subd. 10.  [PLACE OF BUSINESS.] (a) All licensees under 
 24.9   this section shall have an established place of business which 
 24.10  shall include as a minimum: 
 24.11     (1) For a new motor vehicle dealer, the following: 
 24.12     (i) a commercial building owned or under lease by the 
 24.13  licensee.  The lease ~~shall~~ must be for a minimum term of one 
 24.14  year.  The building ~~shall~~ must contain office space where the 
 24.15  books, records, and files necessary to conduct the business are 
 24.16  kept and maintained with personnel available during normal 
 24.17  business hours.  Dealership business hours must be conspicuously 
 24.18  posted on the place of doing business and readily viewable by 
 24.19  the public; 
 24.20     (ii) a bona fide contract or franchise (1) in effect with a 
 24.21  manufacturer or distributor of the new motor vehicles the dealer 
 24.22  proposes to sell, broker, wholesale, or auction, or (2) in 
 24.23  effect with the first-stage manufacturer or distributor of new 
 24.24  motor vehicles purchased from a van converter or modifier which 
 24.25  the dealer proposes to sell, broker, wholesale, or auction, or 
 24.26  (3) in effect with the final stage manufacturer of the new type 
 24.27  A, B, or C motor homes which the dealer proposes to sell, 
 24.28  broker, wholesale, or auction; 
 24.29     (iii) a facility for the repair and servicing of motor 
 24.30  vehicles and the storage of parts and accessories, not to exceed 
 24.31  ten miles distance from the principal place of business.  ~~Such~~ 
 24.32  The service may be provided through contract with bona fide 
 24.33  operators actually engaged in ~~such~~ the services; 
 24.34     (iv) an area either indoors or outdoors to display motor 
 24.35  vehicles ~~which~~ that is owned or under lease by the licensee; and 
 24.36     (v) a sign readily viewable by the public that 
 25.1   clearly ~~identifying~~ identifies the dealership by name ~~which is~~ 
 25.2   ~~readily viewable by the public~~. 
 25.3      (2) For a used motor vehicle dealer, the following: 
 25.4      (i) a commercial building owned or under lease by the 
 25.5   licensee.  The lease ~~shall~~ must be for a minimum term of one 
 25.6   year.  The building ~~shall~~ must contain office space where the 
 25.7   books, records, and files necessary to conduct the business are 
 25.8   kept and maintained with personnel available during normal 
 25.9   business hours or automatic telephone answering service during 
 25.10  normal business hours.  Dealership business hours must be 
 25.11  conspicuously posted on the place of doing business and readily 
 25.12  viewable by the public; 
 25.13     (ii) an area either indoors or outdoors to display motor 
 25.14  vehicles which is owned or under lease by the licensee; and 
 25.15     (iii) a sign readily viewable by the public that 
 25.16  clearly ~~identifying~~ identifies the dealership by name ~~which is~~ 
 25.17  ~~readily viewable by the public~~. 
 25.18     (3) For a motor vehicle lessor, the following:  a 
 25.19  commercial office space where the books, records, and files 
 25.20  necessary to conduct the business are kept and maintained with 
 25.21  personnel available during normal business hours or an automatic 
 25.22  telephone answering service during normal business hours.  
 25.23  Business hours must be conspicuously posted on the place of 
 25.24  doing business and readily viewable by the public.  The office 
 25.25  space must be owned or under lease for a minimum term of one 
 25.26  year by the licensee. 
 25.27     (4) For a motor vehicle wholesaler, the following:  a 
 25.28  commercial office space where the books, records, and files 
 25.29  necessary to conduct the business are kept and maintained with 
 25.30  personnel available during normal business hours or an automatic 
 25.31  telephone answering service during normal business hours.  The 
 25.32  office space must be owned or under lease for a minimum term of 
 25.33  one year by the licensee. 
 25.34     (5) For a motor vehicle auctioneer, the following:  a 
 25.35  permanent enclosed commercial building, within or without the 
 25.36  state, on a permanent foundation, owned or under lease by the 
 26.1   licensee.  The lease ~~shall~~ must be for a minimum term of one 
 26.2   year.  The building ~~shall~~ must contain office space where the 
 26.3   books, records, and files necessary to conduct the business are 
 26.4   kept and maintained with personnel available during normal 
 26.5   business hours or an automatic telephone answering service 
 26.6   during normal business hours.  
 26.7      (6) For a motor vehicle broker, the following:  a 
 26.8   commercial office space where books, records, and files 
 26.9   necessary to conduct business are kept and maintained with 
 26.10  personnel available during normal business hours, or an 
 26.11  automatic telephone answering service available during normal 
 26.12  business hours.  A sign, clearly identifying the motor vehicle 
 26.13  broker by name and listing the broker's business hours, must be 
 26.14  posted in a location and manner readily viewable by a member of 
 26.15  the public visiting the office space.  The office space must be 
 26.16  owned or under lease for a minimum term of one year by the 
 26.17  licensee. 
 26.18     (b) If a new or used motor vehicle dealer maintains more 
 26.19  than one place of doing business in a county, the separate 
 26.20  places ~~shall~~ must be listed on the application.  If additional 
 26.21  places of business are maintained outside of one county, 
 26.22  separate licenses ~~shall~~ must be obtained for each county. 
 26.23     (c) If a motor vehicle lessor, wholesaler, auctioneer, or 
 26.24  motor vehicle broker maintains more than one permanent place of 
 26.25  doing business, either in one or more counties, the separate 
 26.26  places ~~shall~~ must be listed in the application, but only one 
 26.27  license ~~shall be~~ is required.  If a lessor proposes to sell 
 26.28  previously leased or rented vehicles or if a broker proposes to 
 26.29  establish an office at a location outside the seven-county 
 26.30  metropolitan area, as defined in section 473.121, subdivision 2, 
 26.31  other than cities of the first class, the lessor or broker must 
 26.32  obtain a license for each nonmetropolitan area county in which 
 26.33  the lessor's sales are to take place or where the broker 
 26.34  proposes to locate an office. 
 26.35     (d) If a motor vehicle dealer, lessor, wholesaler, or motor 
 26.36  vehicle broker does not have direct access to a public road or 
 27.1   street, any privately owned roadway providing access to a public 
 27.2   road or street must be clearly identified and adequately 
 27.3   maintained. 
 27.4      (e) A new or used motor vehicle dealer may establish a 
 27.5   temporary place of business outside the county where it 
 27.6   maintains its licensed location to sell horse trailers 
 27.7   exclusively without obtaining an additional license.  
 27.8      (f) A new or used motor vehicle dealer may establish a 
 27.9   temporary place of business outside the county where it 
 27.10  maintains its licensed location to sell recreational equipment 
 27.11  exclusively without obtaining an additional license if: 
 27.12     (1) the dealer establishes a temporary place of business 
 27.13  for the sale of recreational equipment not more than four times 
 27.14  during any calendar year; 
 27.15     (2) each temporary place of business other than an official 
 27.16  county fair or the Minnesota state fair within the seven-county 
 27.17  metropolitan area, as defined in section 473.121, subdivision 2, 
 27.18  is established jointly with at least four other recreational 
 27.19  equipment dealers; 
 27.20     (3) each temporary place of business other than an official 
 27.21  county fair outside the seven-county metropolitan area, as 
 27.22  defined in section 473.121, subdivision 2, is established 
 27.23  jointly with at least one other recreational equipment dealer; 
 27.24     (4) each establishment of a temporary place of business for 
 27.25  the sale of recreational equipment is for no more than 12 
 27.26  consecutive days; and 
 27.27     (5) the dealer notifies the registrar of motor vehicles of 
 27.28  each temporary place of business for the sale of recreational 
 27.29  equipment. 
 27.30     Subd. 11.  [LICENSES; FEE.] Application for license or 
 27.31  notification of a change of location of a license must include a 
 27.32  street address, not a post office box, and is subject to the 
 27.33  registrar's approval.  Upon the filing of an application for a 
 27.34  license and the proper fee, the registrar is authorized, unless 
 27.35  the application on its face appears to be invalid, to grant a 
 27.36  90-day temporary license ~~and~~.  During ~~said~~ the 90-day 
 28.1   period following issuance of temporary license, the registrar 
 28.2   shall investigate the fitness of the applicant, inspect the site 
 28.3   and make ~~such~~ other investigation as ~~is~~ necessary to insure 
 28.4   compliance with the licensing law.  The registrar may extend the 
 28.5   temporary license 30 days.  At the end of the period of 
 28.6   investigation the license ~~shall~~ must either be granted or 
 28.7   denied.  The license must be denied if within the previous ten 
 28.8   years the applicant was enjoined due to a violation of section 
 28.9   325F.69 or convicted of violating section 325E.14, 325E.15, 
 28.10  325E.16, or 325F.69, or convicted under section 609.53 of 
 28.11  receiving or selling stolen vehicles, or convicted of violating 
 28.12  United States Code, title 15, sections 1981 to 1991, as amended 
 28.13  through December 31, 1984, or pleaded guilty, entered a plea of 
 28.14  nolo contendere or no contest, or has been found guilty in a 
 28.15  court of competent jurisdiction of any charge of failure to pay 
 28.16  state or federal income or sales taxes or felony charge of 
 28.17  forgery, embezzlement, obtaining money under false pretenses, 
 28.18  theft by swindle, extortion, conspiracy to defraud, or bribery.  
 28.19  The license must also be denied if within the previous year the 
 28.20  applicant has been denied a license.  A license must also be 
 28.21  denied if the applicant has had a dealer license revoked within 
 28.22  the previous ten years.  If the application is approved, the 
 28.23  registrar shall license the applicant as a motor vehicle dealer 
 28.24  for ~~the remainder of the calendar year,~~ one year from the date 
 28.25  the temporary license is granted and issue a certificate of 
 28.26  license ~~therefor as the registrar may provide upon which shall~~ 
 28.27  ~~be placed~~ that must include a distinguishing number of 
 28.28  identification of ~~such~~ the dealer.  The license must be 
 28.29  displayed in a prominent place in the licensed location.  Each 
 28.30  initial application for a license ~~shall~~ must be accompanied by a 
 28.31  fee of $50 in addition to the annual fee.  The annual fee shall 
 28.32  be $100.  All initial fees and annual fees ~~shall~~ must be paid 
 28.33  into the state treasury and credited to the general fund.  ~~If~~ 
 28.34  ~~the initial application is received by the registrar after July~~ 
 28.35  ~~1 of any year, the first annual fee shall be reduced by one-half.~~
 28.36     Subd. 12.  [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) A 
 29.1   license may be suspended or revoked by the registrar of motor 
 29.2   vehicles upon proof satisfactory to the registrar of any of the 
 29.3   following: 
 29.4      (1) violations of any of the provisions of this chapter or 
 29.5   chapter 168A, 297B, 325E, or 325F; 
 29.6      (2) violation of or refusal to comply with the requests and 
 29.7   order of the registrar; 
 29.8      (3) failure to make or provide to the registrar all 
 29.9   listings, notices, and reports required by the registrar; 
 29.10     (4) failure to pay to the registrar all taxes, fees, and 
 29.11  arrears due from and by such dealer; 
 29.12     (5) failure to duly apply for renewal of license provided 
 29.13  for ~~herein~~ in this section; 
 29.14     (6) revocation of previous license, of which the records of 
 29.15  the registrar relating ~~thereto shall be~~ to the revocation are 
 29.16  prima facie evidence of ~~such~~ the previous revocation; 
 29.17     (7) failure of continued occupancy of an established place 
 29.18  of business; 
 29.19     (8) sale of a new and unused current model motor vehicle 
 29.20  other than the make of motor vehicle described in the franchise 
 29.21  or contract filed with the original application or renewal 
 29.22  thereof, without permission from the registrar; 
 29.23     (9) sale of a new and unused current model motor vehicle to 
 29.24  anyone except for consumer use, or to a dealer duly licensed to 
 29.25  sell the same make of motor vehicle; 
 29.26     (10) material misstatement or misrepresentation in 
 29.27  application for license or renewal ~~thereof~~; 
 29.28     (11) having advertised, printed, displayed, published, 
 29.29  distributed, broadcast or televised or caused or permitted to be 
 29.30  advertised, printed, displayed, published, distributed, 
 29.31  broadcast or televised in any manner whatsoever, or having made 
 29.32  orally any statement or representation with regard to the sale, 
 29.33  lease or financing of motor vehicles ~~which~~ that is false, 
 29.34  deceptive or misleading; 
 29.35     (12) having been convicted of violating section 325F.69, or 
 29.36  having been enjoined due to a violation of section 325F.69; 
 30.1      (13) having been convicted of violating the Minnesota 
 30.2   Odometer Law, section 325E.14, 325E.15, or 325E.16, or the 
 30.3   federal odometer law, United States Code, title 15, sections 
 30.4   1981 to 1991~~, as amended through December 31, 1984~~; 
 30.5      (14) having been convicted of violating the sale of motor 
 30.6   vehicles on Sunday law, section 168.275; 
 30.7      (15) having been convicted under section 609.53 of 
 30.8   receiving or selling stolen vehicles; or 
 30.9      (16) having pleaded guilty, entered a plea of nolo 
 30.10  contendere or no contest, or having been found guilty in a court 
 30.11  of competent jurisdiction of any charge of failure to pay state 
 30.12  or federal income or sales taxes or felony charge of forgery, 
 30.13  embezzlement, obtaining money under false pretenses, theft by 
 30.14  swindle, extortion, conspiracy to defraud, or bribery.  
 30.15     (b) With respect to paragraph (a), clauses (12), (13), 
 30.16  (15), and (16), the registrar may suspend or revoke a license 
 30.17  immediately upon receiving certification of conviction or 
 30.18  permanent injunction.  A hearing is required under subdivision 
 30.19  13 within 30 days following a summary suspension or revocation 
 30.20  under this paragraph, if a hearing is requested by the licensee. 
 30.21     Subd. 12a.  [GROUNDS FOR CANCELLATION; NOTICE REQUIRED.] 
 30.22  (a) A license may be canceled by the registrar after notice to 
 30.23  the dealer, upon satisfactory proof that the dealer (1) has 
 30.24  failed to provide or maintain the required surety bond, (2) has 
 30.25  failed to provide or maintain the insurance required under 
 30.26  chapter 65B, or (3) is no longer operating at the dealer's 
 30.27  licensed location. 
 30.28     (b) Surety companies and insurers providing required 
 30.29  coverages shall promptly notify the registrar upon canceling any 
 30.30  surety bond or required insurance.  The registrar shall notify 
 30.31  the dealer of the reason or reasons for cancellation before the 
 30.32  cancellation occurs. 
 30.33     Subd. 13.  [SUSPENSION AND REVOCATION; HEARING.] (a) The 
 30.34  registrar of motor vehicles, upon the registrar's own motion or 
 30.35  upon the complaint of another, shall prepare and cause to be 
 30.36  served upon the licensee complained of, a written notice or 
 31.1   complaint setting forth, in substance, the violations charged, a 
 31.2   statement of the deficiencies which exist and any corrective 
 31.3   action deemed appropriate.  ~~Said~~ The notice ~~shall~~ must include a 
 31.4   statement that in the event corrective action is deemed 
 31.5   appropriate and corrective action is not taken, the dealer's 
 31.6   license may be suspended or revoked.  The notice ~~shall~~ must 
 31.7   require the licensee to appear at the time and place 
 31.8   fixed ~~therein~~ in the notice before the registrar, and show cause 
 31.9   why the license should not be suspended or revoked. 
 31.10     (b) The registrar shall, at the time and place fixed in the 
 31.11  notice, proceed to hear and determine the matter on its merits.  
 31.12  All hearings ~~shall~~ must be conducted ~~in accordance with the~~ 
 31.13  ~~provisions of~~ according to chapter 14, except that the 
 31.14  provisions of section 14.50, ~~shall~~ do not apply.  The registrar 
 31.15  ~~is authorized to~~ may subpoena witnesses and administer oaths.  
 31.16  If the registrar ~~shall find~~ finds the existence of any of the 
 31.17  causes for suspension or revocation as set forth in subdivision 
 31.18  12 and ~~determine~~ determines that corrective action has not been 
 31.19  taken or that corrective action will not prevent repetition of 
 31.20  the violations charged or that the public interest will not be 
 31.21  served by corrective action and the licensee's license should be 
 31.22  suspended or revoked, the registrar shall issue a written order 
 31.23  setting out the decision~~, and~~.  A copy of ~~such~~ the order ~~shall~~ 
 31.24  must be served upon ~~such~~ the licensee in the manner provided by 
 31.25  law for the service of summons in a civil action.  On finding 
 31.26  that the dealer has violated any of the provisions of this 
 31.27  section but that the nature of ~~said~~ the violation or the 
 31.28  circumstances ~~thereof~~ are such that a suspension of the license 
 31.29  would be adequate, the registrar may, instead of revoking the 
 31.30  license suspend it for a period not exceeding 90 days.  On 
 31.31  finding that the violation does not justify a suspension only, 
 31.32  the registrar shall revoke the license.  Upon a suspension or 
 31.33  revocation~~, if it be~~ of the license of a new or used motor 
 31.34  vehicle dealer, ~~said~~ the licensee shall immediately return to 
 31.35  the registrar all number plates, including any "in-transit" 
 31.36  plates and temporary permits, in its possession and its dealer's 
 32.1   license certificate. 
 32.2      Subd. 14.  [APPEAL.] Any party or person aggrieved by ~~such~~ 
 32.3   an order of suspension, revocation or imposition of a penalty 
 32.4   may seek judicial review ~~pursuant to the provisions of~~ according 
 32.5   to chapter 14. 
 32.6      Subd. 15.  [ENFORCEMENT.] The registrar ~~is hereby~~ 
 32.7   ~~authorized to~~ shall enforce this section and ~~is directed to~~ may 
 32.8   appoint ~~under the registrar's hand not less than~~ at least seven 
 32.9   ~~persons amongst~~ of the registrar's ~~several~~ employees~~,~~ as 
 32.10  inspectors and investigators ~~and who when so appointed, shall~~.  
 32.11  The inspectors and investigators have full authority to enforce 
 32.12  this section throughout the state.  The registrar, the 
 32.13  registrar's inspectors or investigators, when traveling or 
 32.14  otherwise pursuing their duties outside the office of the 
 32.15  registrar, shall be paid for their actual expenses incurred out 
 32.16  of the same funds as other employees of the registrar of motor 
 32.17  vehicles.  The inspectors shall assist licensees in compliance 
 32.18  with laws governing licensees ~~and administered hereunder~~. 
 32.19     Subd. 16.  [DEALER PLATES:  DISTINGUISHING NUMBER, FEE, 
 32.20  TAX, USE.] (a) The registrar shall issue to every motor vehicle 
 32.21  dealer, upon a request from the motor vehicle dealer licensed as 
 32.22  provided in subdivision 2 or 3, one or more plates displaying a 
 32.23  general distinguishing number.  This subdivision does not apply 
 32.24  to a scrap metal processor, a used vehicle parts dealer, or a 
 32.25  vehicle salvage pool.  The fee for each of the first four plates 
 32.26  is $75 per ~~calendar~~ registration year, of which $60 must be paid 
 32.27  to the registrar and the remaining $15 is payable as sales tax 
 32.28  on motor vehicles under section 297B.035.  For each additional 
 32.29  plate, the dealer shall pay the registrar a fee of $25 and a 
 32.30  sales tax on motor vehicles of $15 per ~~calendar~~ registration 
 32.31  year.  The registrar shall deposit the tax in the state treasury 
 32.32  ~~and it shall~~ to be credited as provided in section 297B.09.  
 32.33  Motor vehicles, new or used, owned by the motor vehicle 
 32.34  dealership and bearing the number plate, except vehicles leased 
 32.35  to the user who is not an employee of the dealer during the term 
 32.36  of the lease, held for hire, or customarily used by the dealer 
 33.1   as a tow truck, service truck, or parts vehicle, may be driven 
 33.2   upon the streets and highways of this state: 
 33.3      (1) by the motor vehicle dealer or dealer's spouse, or any 
 33.4   full-time employee of the motor vehicle dealer for either 
 33.5   private or business purposes; 
 33.6      (2) by a part-time employee when the use is directly 
 33.7   related to a particular business transaction of the dealer; 
 33.8      (3) for demonstration purposes by any prospective buyer 
 33.9   ~~thereof~~ for a period of 48 hours or in the case of a truck, 
 33.10  truck-tractor, or semitrailer, for a period of seven days; or 
 33.11     (4) in a promotional event that lasts no longer than four 
 33.12  days in which at least three motor vehicles are involved. 
 33.13     (b) A new or used motor vehicle sold by the motor vehicle 
 33.14  dealer and bearing the motor vehicle dealer's number plate may 
 33.15  be driven upon the public streets and highways for a period of 
 33.16  72 hours by the buyer for either of the following purposes:  (1) 
 33.17  removing the vehicle from this state for registration in another 
 33.18  state, or (2) permitting the buyer to use the motor vehicle 
 33.19  before the buyer receives number plates pursuant to 
 33.20  registration.  Use of a motor vehicle by the buyer under ~~the~~ 
 33.21  ~~provisions of~~ clause (2) ~~of the preceding sentence~~ before the 
 33.22  buyer receives number plates pursuant to registration 
 33.23  constitutes a use of the public streets or highways for the 
 33.24  purpose of the time requirements for registration of motor 
 33.25  vehicles. 
 33.26     Subd. 17.  [IN-TRANSIT PLATES; FEE.] Every licensed dealer 
 33.27  in motor vehicles may make application upon a blank provided by 
 33.28  the registrar for that purpose for dealer in-transit license 
 33.29  plates for use upon all new or used motor vehicles being 
 33.30  transported from the dealer's source of supply, or other place 
 33.31  of storage, to the dealer's place of business, or to another 
 33.32  place of storage, or from one dealer to another.  The registrar 
 33.33  shall then issue to the dealer the number of plates as the 
 33.34  dealer may request, upon the payment by the dealer to the 
 33.35  registrar of the sum of $5 per plate per ~~calendar~~ registration 
 33.36  year.  The registrar may issue in-transit plates, upon the 
 34.1   payment of the sum of $5 to the registrar, to dealers duly 
 34.2   licensed in other states or provinces upon information furnished 
 34.3   in the manner as the registrar may prescribe, and which 
 34.4   satisfies the registrar that persons or companies applying 
 34.5   ~~therefor~~ for the plates are duly licensed dealers under the laws 
 34.6   of the states or provinces. 
 34.7      Subd. 18.  [TESTIMONIAL POWERS.] The registrar ~~shall have,~~ 
 34.8   ~~and is hereby granted full authority to~~ may issue subpoenas 
 34.9   requiring the attendance of witnesses before the registrar, 
 34.10  production of books, papers, and other documents, articles, or 
 34.11  instruments, and compel the disclosure by ~~such~~ witnesses of all 
 34.12  facts known to them relative to the matter under investigation, 
 34.13  and ~~shall have full authority to~~ may administer oaths and to 
 34.14  take testimony.  All parties disobeying the orders of subpoenas 
 34.15  of the registrar ~~shall be~~ are guilty of contempt, as in 
 34.16  proceedings in district courts of the state and may be punished 
 34.17  in like manner. 
 34.18     Subd. 19.  [VIOLATIONS.] Any person, copartnership, or 
 34.19  corporation, domestic or foreign, and any officer, or director, 
 34.20  or employee of a corporation, domestic or foreign, who ~~shall~~ 
 34.21  ~~violate or neglect, fail or refuse to comply with any of the~~ 
 34.22  ~~provisions of this section shall be~~ violates this section is 
 34.23  guilty of a misdemeanor. 
 34.24     Subd. 19a.  [INJUNCTION.] The commissioner or a county 
 34.25  attorney may institute a civil action in the name of the state 
 34.26  in district court for an injunction prohibiting a violation of 
 34.27  this section and for civil penalties not to exceed $1,000 for 
 34.28  each violation of subdivision 2, 3, 4, 5a, 6, 7, or 7a.  The 
 34.29  court, upon proper proof that the defendant has engaged in a 
 34.30  practice prohibited by this section, may enjoin the future 
 34.31  commission of that practice and award civil penalties for 
 34.32  violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a.  It is not a 
 34.33  defense to an action that the state may have adequate remedies 
 34.34  at law.  Service of process must be as in any other civil suit, 
 34.35  except that where a defendant in the action is a natural person 
 34.36  or firm residing outside the state, or is a foreign corporation, 
 35.1   service of process may also be made by personal service outside 
 35.2   the state; in the manner provided by section 5.25; or as the 
 35.3   court may direct.  Process is valid if it satisfies the 
 35.4   requirements of due process of law, whether or not the defendant 
 35.5   is doing business in Minnesota regularly or habitually.  Nothing 
 35.6   in this subdivision limits the rights or remedies otherwise 
 35.7   available to persons under common law or other statutes of this 
 35.8   state. 
 35.9      Subd. 20.  [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 
 35.10  This section does not apply: 
 35.11     (1) to any person, copartnership, or corporation engaged in 
 35.12  the business of selling vehicles designed to operate exclusively 
 35.13  over snow, motor scooters, motorized wheelchairs, utility 
 35.14  trailers, farm wagons, farm trailers, or farm tractors or other 
 35.15  farm implements, whether self-propelled or not and even though a 
 35.16  vehicle listed in this clause may be equipped with a trailer 
 35.17  hitch; or 
 35.18     (2) to any person licensed as a real estate broker or 
 35.19  salesperson pursuant to chapter 82, who engages in the business 
 35.20  of selling, who offers to sell, or who solicits or advertises 
 35.21  the sale of manufactured homes affixed to land. 
 35.22     (b) However, this section does apply to a person, 
 35.23  copartnership, or corporation described in paragraph (a) who is 
 35.24  also engaged in the business of selling other motor vehicles or 
 35.25  manufactured homes within the provisions of this section. 
 35.26     (c) As used in this subdivision, "utility trailer" means a 
 35.27  motorless vehicle, other than a boat trailer or snowmobile 
 35.28  trailer, equipped with one or two wheels, having a gross vehicle 
 35.29  weight of 4,000 pounds or less, and used for carrying property 
 35.30  on its own structure while being drawn by a motor vehicle. 
 35.31     Subd. 22.  [DEALER LICENSE FOR TRAILERS, MOTORIZED 
 35.32  BICYCLES; PLATES, FEES; EXEMPTIONS.] Any person, copartnership, 
 35.33  or corporation having a permanent enclosed commercial building 
 35.34  or structure either owned in fee or leased and engaged in the 
 35.35  business, either exclusively or in addition to any other 
 35.36  occupation, of selling motorized bicycles, boat trailers, horse 
 36.1   trailers, or snowmobile trailers, may apply to the registrar for 
 36.2   a dealer's license.  Upon payment of a $10 fee the registrar 
 36.3   shall license the applicant as a dealer for the remainder of the 
 36.4   calendar year in which the application was received.  ~~Thereafter~~ 
 36.5   The license may be renewed on or before the second day of 
 36.6   January of each succeeding year by payment of a fee of $10.  The 
 36.7   registrar shall issue to each dealer, upon request of the 
 36.8   dealer, dealer plates as provided in subdivision 16 upon payment 
 36.9   of $5 for each plate, and the plates may be used in the same 
 36.10  manner and for the same purposes as is provided in subdivision 
 36.11  16.  Except for motorized bicycle dealers, the registrar shall 
 36.12  also issue to the dealer, upon request of the dealer, 
 36.13  "in-transit" plates as provided in subdivision 17 upon payment 
 36.14  of a fee of $5 for each plate.  This subdivision ~~shall~~ does not 
 36.15  ~~be construed to~~ abrogate any of the provisions of this 
 36.16  section ~~as the same relates~~ relating to the duties, 
 36.17  responsibilities, and requirements of persons, copartnerships, 
 36.18  or corporations engaged in the business, either exclusively or 
 36.19  in addition to other occupations, of selling motor vehicles or 
 36.20  manufactured homes, except that a seller of boat trailers, 
 36.21  utility trailers, or snowmobile trailers who is licensed under 
 36.22  this subdivision is not required to have a contract or franchise 
 36.23  with a manufacturer or distributor of new boat trailers, utility 
 36.24  trailers, or new snowmobile trailers the seller proposes to 
 36.25  sell, broker, wholesale, or auction.  This section ~~shall~~ does 
 36.26  not ~~be construed to~~ require a manufacturer of snowmobile 
 36.27  trailers whose manufacturing facility is located outside of the 
 36.28  metropolitan area as defined in section 473.121 to have a 
 36.29  dealer's license to transport the snowmobile trailers to dealers 
 36.30  or retail outlets in the state. 
 36.31     Subd. 23.  [REGISTRAR MAY FILE CHARGES.] The registrar or 
 36.32  the registrar's appointed inspectors may file charges with the 
 36.33  county attorney against any licensee who violates any of the 
 36.34  provisions of this section, including but not limited to, the 
 36.35  grounds for suspension or revocation set out in subdivision 12.  
 36.36  ~~Any violation of this section is a misdemeanor.~~ 
 37.1      Subd. 24.  [BONDS.] All persons licensed ~~hereunder~~ 
 37.2   according to this section shall keep in full force and effect a 
 37.3   bond with a corporate surety to be approved by the registrar of 
 37.4   motor vehicles in the following amounts ~~as herein provided~~; in 
 37.5   the case of boat trailer, snowmobile trailer, horse trailer or 
 37.6   motorized bicycle dealers in the amount of $5,000; and as to all 
 37.7   other persons in the amount of $50,000.  The bond ~~shall~~ must be 
 37.8   conditioned on the faithful performance by the licensee of the 
 37.9   obligations imposed by the laws of this state, including the 
 37.10  conduct required of a licensee by this section and other 
 37.11  sections governing the sale or transfer of motor vehicles, and 
 37.12  the payment of all taxes, license fees, and penalties.  The bond 
 37.13  ~~shall~~ must be for the benefit of the state of Minnesota and any 
 37.14  transferor, seller, or purchaser of a motor vehicle for any 
 37.15  monetary loss caused by failure of the licensee to meet the 
 37.16  obligations enumerated above.  Proceedings on the forfeiture of 
 37.17  the bonds ~~shall~~ must be commenced in the district court of the 
 37.18  county wherein the business of the licensed person was carried 
 37.19  on, or if in more than one county, the county in which the 
 37.20  offense occurred.  This subdivision does not apply to a used 
 37.21  vehicle parts dealer or a scrap metal processor. 
 37.22     Subd. 25.  [PREEMPTION OF LOCAL ORDINANCES.] ~~It is the~~ 
 37.23  ~~intent and purpose of this section to establish~~ Subdivision 24 
 37.24  establishes a uniform statewide system of bonding motor vehicle 
 37.25  dealers ~~and the provisions of~~.  This ~~section shall supersede and~~ 
 37.26  ~~preempt~~ subdivision supersedes and preempts all bonding 
 37.27  requirements imposed by any local government unit. 
 37.28     Subd. 26.  [ADVERTISING DISCLOSURE.] All advertising by a 
 37.29  motor vehicle dealer must disclose that the vehicle is being 
 37.30  offered for sale by a dealer through use of the dealership name, 
 37.31  the term "dealer," or the abbreviation "DLR."  A classified 
 37.32  advertisement in a print medium must also include the dealer's 
 37.33  license number. 
 37.34     Subd. 27.  [RULES.] The registrar may adopt rules under 
 37.35  chapter 14 to govern the issuance and regulation of dealer 
 37.36  licenses and dealer plates. 
 38.1      Sec. 11.  Minnesota Statutes 2000, section 168.31, 
 38.2   subdivision 4, is amended to read: 
 38.3      Subd. 4.  [INSTALLMENTS.] If the tax for a vehicle assessed 
 38.4   under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to 
 38.5   more than $400, the owner may pay the tax by installments.  The 
 38.6   owner shall tender with the application for registration 
 38.7   one-third of the annual tax due or $400, whichever is greater, 
 38.8   plus any penalties or arrears, plus a fee of $10.  Instead of 
 38.9   this fee, the applicant may furnish a bond, bank letter of 
 38.10  credit, or certificate of deposit approved by the registrar of 
 38.11  motor vehicles, for the total of the tax still due.  The amount 
 38.12  of the bond, letter of credit, or certificate of deposit may 
 38.13  include any penalties assessed.  The bond, letter of credit, or 
 38.14  certificate of deposit must be for the benefit of the state for 
 38.15  monetary loss caused by failure of the vehicle owner to pay 
 38.16  delinquent license fees and penalties.  The remainder of the tax 
 38.17  due must be paid in two equal installments; the due date of the 
 38.18  first installment is the first day of the fifth month of the 
 38.19  registration period for which the tax is assessed and the second 
 38.20  installment is due on the first day of the ninth month of the 
 38.21  registration period for which the tax is assessed.  When the 
 38.22  applicant elects to pay the administrative fee, the registrar 
 38.23  shall issue to the applicant ~~distinctive~~ validation 
 38.24  stickers indicating the expiration date of a registration.  When 
 38.25  the applicant elects to furnish a bond, bank letter, or letter 
 38.26  of deposit, the registrar shall issue regular validation 
 38.27  stickers for the registration year.  If an owner of a vehicle 
 38.28  fails to pay an installment on or before its due date, the 
 38.29  vehicle must not be used on the public streets or highways in 
 38.30  this state until the installment or installments of the tax 
 38.31  remaining due on the vehicle have been paid in full for the 
 38.32  licensed year together with a penalty at the rate of $1 per day 
 38.33  for the remainder of the month in which the balance of the tax 
 38.34  becomes due and $4 a month for each succeeding month or fraction 
 38.35  of a month during which the balance of the tax remains unpaid.  
 38.36  Upon the payment of the balance of the tax and the penalties, 
 39.1   the registrar shall issue a registration certificate to the 
 39.2   owner of the vehicle in the manner provided by law.  The 
 39.3   registrar shall deny installment payment privileges provided in 
 39.4   this subdivision in the subsequent year to any owner on any or 
 39.5   all vehicles of the owner who during the current year fails to 
 39.6   pay any installment due within one month after the due date. 
 39.7      Sec. 12.  Minnesota Statutes 2000, section 168.33, 
 39.8   subdivision 6, is amended to read: 
 39.9      Subd. 6.  [APPLICATION FORMS ~~FURNISHED~~.] The registrar 
 39.10  shall ~~furnish, from time to time, to those deputy registrars not~~ 
 39.11  ~~equipped with electronic transmission technology, forms for~~ 
 39.12  ~~listing and for applications for registration, as provided~~ 
 39.13  ~~herein, and shall, before January first in each year, furnish to~~ 
 39.14  ~~those deputy registrars, and to such others as the registrar~~ 
 39.15  ~~shall deem advisable, charts or lists setting forth the tax to~~ 
 39.16  ~~which each motor vehicle is subject~~ provide, in a manner and 
 39.17  format prescribed by the registrar, necessary forms and 
 39.18  information to deputy registrars.  The registrar and deputy 
 39.19  registrars shall immediately destroy all number plates 
 39.20  surrendered and shall cancel all certificates ~~so~~ surrendered. 
 39.21     Sec. 13.  Minnesota Statutes 2000, section 168.33, is 
 39.22  amended by adding a subdivision to read: 
 39.23     Subd. 9.  [RULES.] The commissioner of public safety may 
 39.24  adopt rules for administering and enforcing this section. 
 39.25     Sec. 14.  Minnesota Statutes 2000, section 168A.01, 
 39.26  subdivision 2, is amended to read: 
 39.27     Subd. 2.  [DEALER.] "Dealer" has the meaning given it in 
 39.28  section 168.27~~, subdivision 1~~. 
 39.29     Sec. 15.  Minnesota Statutes 2000, section 168A.01, is 
 39.30  amended by adding a subdivision to read: 
 39.31     Subd. 2a.  [DELIVER.] "Deliver" means to transmit 
 39.32  electronically or by other means approved by the registrar. 
 39.33     Sec. 16.  Minnesota Statutes 2000, section 168A.01, 
 39.34  subdivision 24, is amended to read: 
 39.35     Subd. 24.  [VEHICLE.] (a) "Vehicle" means every device in, 
 39.36  upon, or by which any person or property is or may be 
 40.1   transported or drawn upon a highway~~, excepting~~. 
 40.2      (b) The term does not include: 
 40.3      (1) devices moved by human power or used exclusively upon 
 40.4   stationary rails or tracks~~, but including~~; or 
 40.5      (2) vehicles not originally constructed primarily for use 
 40.6   on public roads and highways. 
 40.7      (c) The term does include motorized bicycles as defined in 
 40.8   section 168.011, subdivision 27. 
 40.9      Sec. 17.  Minnesota Statutes 2000, section 168A.04, 
 40.10  subdivision 5, is amended to read: 
 40.11     Subd. 5.  [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] 
 40.12  Except as provided in subdivision 6, if the application refers 
 40.13  to a specially constructed vehicle or a reconstructed vehicle, 
 40.14  the application shall so state and shall contain or be 
 40.15  accompanied by: 
 40.16     (1) any information and documents the department reasonably 
 40.17  requires to establish the ownership of the vehicle and the 
 40.18  existence or nonexistence and priority of security interests in 
 40.19  it; 
 40.20     (2) the certificate of a person authorized by the 
 40.21  department that the identifying number of the vehicle has been 
 40.22  inspected and found to conform to the description given in the 
 40.23  application, or any other proof of the identity of the vehicle 
 40.24  the department reasonably requires~~.~~; and 
 40.25     (3) at the time of application, a written certification to 
 40.26  the department that the vehicle to be titled meets the 
 40.27  requirements of chapter 169 for vehicles in its class regarding 
 40.28  safety and acceptability to operate on public roads and highways.
 40.29     Sec. 18.  Minnesota Statutes 2000, section 168A.05, 
 40.30  subdivision 5a, is amended to read: 
 40.31     Subd. 5a.  [POLLUTION CONTROL EQUIPMENT DISCLOSURE.] The 
 40.32  certificate of title shall contain a ~~form for~~ disclosure by the 
 40.33  transferor of the condition of the vehicle's pollution control 
 40.34  equipment as required by section 325E.0951.  The disclosure ~~form~~ 
 40.35  must be in a format as prescribed by the registrar. 
 40.36     Sec. 19.  Minnesota Statutes 2000, section 168A.09, 
 41.1   subdivision 1, is amended to read: 
 41.2      Subdivision 1.  [APPLICATION; FORM OF DUPLICATE.] In the 
 41.3   event a certificate of title is lost, stolen, mutilated, or 
 41.4   destroyed or becomes illegible, the owner or legal 
 41.5   representative of the owner named in the certificate may make 
 41.6   application to the department or deputy registrar for a 
 41.7   duplicate ~~on~~ in a ~~form~~ format prescribed by the department.  The 
 41.8   department shall issue a duplicate certificate of title if 
 41.9   satisfied that the applicant is entitled thereto.  The duplicate 
 41.10  certificate of title shall be plainly marked as a duplicate and 
 41.11  mailed or delivered to the owner.  The department shall indicate 
 41.12  in its records that a duplicate has been issued.  As a condition 
 41.13  to issuing a duplicate certificate of title, the department may 
 41.14  require a bond from the applicant in the manner and ~~form~~ format 
 41.15  prescribed in section 168A.07, subdivision 1, clause (2).  The 
 41.16  duplicate certificate of title shall contain the legend:  "This 
 41.17  duplicate certificate of title may be subject to the rights of a 
 41.18  person under the original certificate."  
 41.19     Sec. 20.  Minnesota Statutes 2000, section 168A.11, 
 41.20  subdivision 2, is amended to read: 
 41.21     Subd. 2.  [PURCHASE RECEIPT.] A dealer, on buying a vehicle 
 41.22  for which the seller does not present a certificate of title, 
 41.23  shall at the time of taking delivery of the vehicle execute ~~in~~ 
 41.24  ~~triplicate~~ a purchase receipt for the vehicle in a ~~form~~ format 
 41.25  designated by the department, and deliver ~~one~~ a copy to the 
 41.26  seller.  ~~When a vehicle purchased by a dealer has not been~~ 
 41.27  ~~resold after 21 days, the dealer shall mail, transmit, or~~ 
 41.28  ~~deliver one copy of the receipt to the department.~~  In a format 
 41.29  and at a time prescribed by the registrar, the dealer shall 
 41.30  notify the registrar that the vehicle is being held for resale 
 41.31  by the dealer. 
 41.32     Sec. 21.  Minnesota Statutes 2000, section 168A.12, 
 41.33  subdivision 1, is amended to read: 
 41.34     Subdivision 1.  [LAST CERTIFICATE TO DEPARTMENT; 
 41.35  APPLICATION.] If the interest of an owner in a vehicle passes to 
 41.36  another other than by voluntary transfer, the transferee shall, 
 42.1   except as provided in subdivision 2, promptly mail or deliver to 
 42.2   the department the last certificate of title, if available, 
 42.3   proof of the transfer, and an application for a new certificate 
 42.4   in the ~~form~~ format the department prescribes.  
 42.5      Sec. 22.  Minnesota Statutes 2000, section 168A.12, 
 42.6   subdivision 2, is amended to read: 
 42.7      Subd. 2.  [OWNER'S INTEREST TERMINATED OR VEHICLE SOLD BY 
 42.8   SECURED PARTY.] If the interest of the owner is terminated or 
 42.9   the vehicle is sold under a security agreement by a secured 
 42.10  party named in the certificate of title, the transferee shall 
 42.11  promptly mail or deliver to the department the last certificate 
 42.12  of title, if available, an application for a new certificate in 
 42.13  the ~~form~~ format the department prescribes, and an affidavit made 
 42.14  by or on behalf of the secured party that the interest of the 
 42.15  owner was lawfully terminated or the vehicle sold pursuant to 
 42.16  the terms of the security agreement.  If the secured party 
 42.17  succeeds to the interest of the owner and holds the vehicle for 
 42.18  resale, the secured party need not secure a new certificate of 
 42.19  title provided that a notice thereof in ~~form~~ a format designated 
 42.20  by the department is mailed or delivered by the secured party to 
 42.21  the department in duplicate within 48 hours, but upon transfer 
 42.22  to another person the secured party shall promptly execute 
 42.23  assignment and warranty of title and mail or deliver to the 
 42.24  transferee or the department the certificate, if available, the 
 42.25  affidavit, and other documents required to be sent to the 
 42.26  department by the transferee.  
 42.27     Sec. 23.  Minnesota Statutes 2000, section 168A.154, is 
 42.28  amended to read: 
 42.29     168A.154 [SALVAGE VEHICLE TAKEN OUT OF STATE.] 
 42.30     A dealer who sells a salvage vehicle to a buyer who intends 
 42.31  to remove the vehicle from the state shall report the sale 
 42.32  within ten days to the department ~~on~~ in a ~~form~~ format prescribed 
 42.33  by the department. 
 42.34     Sec. 24.  Minnesota Statutes 2000, section 168A.18, is 
 42.35  amended to read: 
 42.36     168A.18 [DUTIES OF PARTIES RELATING TO SECURITY INTEREST.] 
 43.1      If an owner creates a security interest in a vehicle: 
 43.2      (1) The owner shall immediately execute the application in 
 43.3   the space provided therefor on the certificate of title, or ~~on~~ 
 43.4   in a ~~separate form~~ format the department prescribes, to name the 
 43.5   secured party on the certificate, showing the name and address 
 43.6   of the secured party, and cause the certificate, application, 
 43.7   and the required fees and taxes to be delivered to the secured 
 43.8   party. 
 43.9      (2) The secured party shall immediately cause the 
 43.10  certificate, application, and the required fees and taxes to be 
 43.11  mailed or delivered to the department.  
 43.12     (3) A second or subordinate secured party does not affect 
 43.13  the rights of the first secured party under a security agreement.
 43.14     (4) Upon receipt of the certificate of title, application, 
 43.15  and the required fees and taxes, the department shall issue a 
 43.16  new certificate containing the name and address of the new 
 43.17  secured party, and mail or deliver the certificate to the 
 43.18  owner.  The secured party or parties shall be ~~issued a~~ 
 43.19  ~~notification~~ notified that the security interest has been 
 43.20  recorded. 
 43.21     Sec. 25.  Minnesota Statutes 2000, section 168A.19, 
 43.22  subdivision 2, is amended to read: 
 43.23     Subd. 2.  [ASSIGNEE NAMED AS SECURED PARTY.] The assignee 
 43.24  may, but need not to perfect the assignment, have the 
 43.25  certificate of title endorsed or issued with the assignee named 
 43.26  as secured party, upon delivering to the department the 
 43.27  certificate and an assignment by the secured party named in the 
 43.28  certificate in the ~~form~~ format the department prescribes 
 43.29  together with the required fee.  
 43.30     Sec. 26.  Minnesota Statutes 2000, section 168A.20, 
 43.31  subdivision 2, is amended to read: 
 43.32     Subd. 2.  [CERTIFICATE WITH PRIOR SECURED PARTY; RELEASE.] 
 43.33  Upon the satisfaction of a security interest in a vehicle for 
 43.34  which the certificate of title is in the possession of a prior 
 43.35  secured party, the secured party whose security interest is 
 43.36  satisfied shall within 15 days, or seven days if satisfied by a 
 44.1   dealer licensed under section 168.27, subdivision 2, 3, or 4, 
 44.2   execute a release in the ~~form~~ format the department prescribes 
 44.3   and deliver the release to the owner or any person who delivers 
 44.4   to the secured party an authorization from the owner to receive 
 44.5   it.  The secured party in possession of the certificate of title 
 44.6   shall either deliver the certificate to the owner, or the person 
 44.7   authorized by the owner, for delivery to the department, or upon 
 44.8   receipt of the release, mail or deliver it with the certificate 
 44.9   to the department, which shall release the subordinate secured 
 44.10  party's rights on the certificate or issue a new certificate. 
 44.11     Sec. 27.  Minnesota Statutes 2000, section 168A.20, 
 44.12  subdivision 3, is amended to read: 
 44.13     Subd. 3.  [CERTIFICATE WITH OWNER.] Upon the satisfaction 
 44.14  of a security interest in a vehicle for which the certificate of 
 44.15  title is in the possession of the owner, the secured party shall 
 44.16  within 15 days, or seven days if satisfied by a dealer licensed 
 44.17  under section 168.27, subdivision 2, 3, or 4, execute a release 
 44.18  of security interest ~~on~~ in the ~~form~~ format prescribed by the 
 44.19  department and mail or deliver the notification with release to 
 44.20  the owner or any person who delivers to the secured party an 
 44.21  authorization from the owner to receive the release.  The 
 44.22  secured party may notify the registrar of the satisfaction of 
 44.23  lien in a manner prescribed by the department. 
 44.24     Sec. 28.  Minnesota Statutes 2000, section 168A.20, 
 44.25  subdivision 4, is amended to read: 
 44.26     Subd. 4.  [SATISFACTION OF LIEN FOR CHILD SUPPORT; 
 44.27  RELEASE.] If the secured party is a public authority or a child 
 44.28  support or maintenance obligee with a lien under section 
 44.29  168A.05, subdivision 8, upon either the satisfaction of a 
 44.30  security interest in a vehicle for which the certificate of 
 44.31  title is in the possession of the owner, or the execution by the 
 44.32  owner of a written payment agreement determined to be acceptable 
 44.33  by the court, a child support magistrate, the public authority, 
 44.34  or the obligee, within 15 days, or seven days if satisfied by a 
 44.35  dealer licensed under section 168.27, subdivision 2, 3, or 4, 
 44.36  the secured party shall execute a release of security interest 
 45.1   ~~on~~ in the ~~form~~ format prescribed by the department and mail or 
 45.2   deliver the notification with release to the owner or any person 
 45.3   who delivers to the secured party an authorization from the 
 45.4   owner to receive the release. 
 45.5      Sec. 29.  Minnesota Statutes 2000, section 168A.24, 
 45.6   subdivision 1, is amended to read: 
 45.7      Subdivision 1.  [FORMS.] The department shall prescribe and 
 45.8   provide suitable forms of applications, certificates of title, 
 45.9   notices of security interests, and all other notices and forms 
 45.10  necessary to carry out the provisions of sections 168A.01 to 
 45.11  168A.31 and shall determine the format in which the forms will 
 45.12  appear. 
 45.13     Sec. 30.  Minnesota Statutes 2000, section 168A.29, 
 45.14  subdivision 1, is amended to read: 
 45.15     Subdivision 1.  [AMOUNTS.] (a) The department ~~shall~~ must be 
 45.16  paid the ~~following fees~~ fee specified for the following 
 45.17  activities: 
 45.18     (1) for filing an application for and the issuance of ~~an~~ 
 45.19  ~~original~~ a certificate of title, the sum of ~~$2~~ $11.  The 
 45.20  individual components of the fee must be disclosed on the title 
 45.21  application forms as "$3.50 Public Safety Vehicle fee; $4.18 
 45.22  Title Application fee; $3.32 Waste Tire fee."; 
 45.23     (2) for each security interest when first noted upon a 
 45.24  certificate of title, including the concurrent notation of any 
 45.25  assignment thereof and its subsequent release or satisfaction, 
 45.26  the sum of $2, except that no fee is due ~~for~~ if a security 
 45.27  interest is filed by a public authority under section 168A.05, 
 45.28  subdivision 8, or if a lien is concurrently noted with the 
 45.29  filing of an application under clause (1); 
 45.30     (3) ~~for the transfer of the interest of an owner and the~~ 
 45.31  ~~issuance of a new certificate of title, the sum of $2;~~ 
 45.32     ~~(4)~~ for each assignment of a security interest when first 
 45.33  noted on a certificate of title, unless noted concurrently with 
 45.34  the security interest, the sum of $1; 
 45.35     ~~(5)~~ (4) for issuing a duplicate certificate of title, the 
 45.36  sum of $4.  
 46.1      (b) ~~After June 30, 1994, in addition to each~~ From the 
 46.2   proceeds of the ~~fees~~ fee required under paragraph (a), ~~clauses~~ 
 46.3   clause (1) ~~and (3)~~, the department shall ~~be paid~~ 
 46.4   credit $3.50~~.  The additional fee collected under this paragraph~~ 
 46.5   ~~must be deposited in the special revenue fund and credited~~ to 
 46.6   the public safety motor vehicle account established in section 
 46.7   299A.70 and the motor vehicle registrar shall credit $3.32 on 
 46.8   each title application to the motor vehicle transfer account in 
 46.9   the environmental fund. 
 46.10     Sec. 31.  Minnesota Statutes 2000, section 168C.02, 
 46.11  subdivision 1, is amended to read: 
 46.12     Subdivision 1.  [SCOPE.] For purposes of ~~Laws 1976,~~ this 
 46.13  chapter ~~199~~, the terms defined in this section ~~shall~~ have the 
 46.14  meanings given them. 
 46.15     Sec. 32.  Minnesota Statutes 2000, section 168C.02, 
 46.16  subdivision 5, is amended to read: 
 46.17     Subd. 5.  [LICENSE ~~PLATE~~.] "License ~~plate~~" means a tag, 
 46.18  plate, seal, sticker, or other device ~~which~~ that can be securely 
 46.19  attached to a bicycle and that is issued upon registration of 
 46.20  the bicycle. 
 46.21     Sec. 33.  Minnesota Statutes 2000, section 168C.03, is 
 46.22  amended to read: 
 46.23     168C.03 [REGISTRATION APPLICATION.] 
 46.24     On or after March 1, 1977 any owner of a bicycle may apply 
 46.25  for registration of the bicycle to the commissioner, to any 
 46.26  deputy registrar of motor vehicles acting pursuant to section 
 46.27  168.33, or to any deputy registrar of bicycles appointed by the 
 46.28  commissioner pursuant to section 168C.11.  Applications ~~shall~~ 
 46.29  ~~contain the name and address of the owner, the signature of the~~ 
 46.30  ~~owner, the name and address of the person from whom purchased,~~ 
 46.31  ~~the date of purchase, the date of registration, the make, serial~~ 
 46.32  ~~number, and any additional information as the commissioner may~~ 
 46.33  ~~require.  Applications shall be on a three-part form provided by~~ 
 46.34  ~~the commissioner.  The original shall be retained by or~~ 
 46.35  ~~immediately forwarded to the commissioner, the second copy shall~~ 
 46.36  ~~be retained by the purchaser and the third copy shall be~~ 
 47.1   ~~retained for one year by the deputy registrar, if any, who~~ 
 47.2   ~~received the application~~ must be in a format prescribed by the 
 47.3   commissioner and contain information required by the 
 47.4   commissioner to license a bicycle.  The commissioner shall 
 47.5   designate a number to be stamped or otherwise permanently 
 47.6   affixed on the frames of bicycles on which no serial number can 
 47.7   be found, or on which the number is illegible or insufficient 
 47.8   for identification purposes. 
 47.9      Sec. 34.  Minnesota Statutes 2000, section 168C.04, 
 47.10  subdivision 1, is amended to read: 
 47.11     Subdivision 1.  [THREE-YEAR REGISTRATION FEE; PROCEDURES.] 
 47.12  The registration fee for bicycles ~~shall be~~ is $9 after July 1, 
 47.13  1991.  These fees ~~shall~~ must be paid at the time of registration.
 47.14  The fees, and any donations in excess of the fees, must be 
 47.15  deposited in a bicycle transportation account in the special 
 47.16  revenue fund.  Proof of ~~purchase~~ ownership is required for 
 47.17  registration.  Bicycles lacking proof of ~~purchase~~ ownership may 
 47.18  be registered if there is no evidence that the bicycle is 
 47.19  stolen.  ~~However, the registration record must be marked to~~ 
 47.20  ~~indicate that no proof of purchase was provided.~~  The 
 47.21  registration is valid for three calendar years.  A person 
 47.22  registering a bicycle may add an additional amount to the 
 47.23  registration fee, and all amounts so added must be deposited in 
 47.24  the same manner as registration fees.  A person registering a 
 47.25  bicycle must, at the time of registration, be informed that a 
 47.26  registrant may add an additional amount to the fee and that all 
 47.27  such additional amounts will be used for the purposes specified 
 47.28  in subdivision 2. 
 47.29     Sec. 35.  Minnesota Statutes 2000, section 168C.05, is 
 47.30  amended to read: 
 47.31     168C.05 [REPORT OF TRANSFER.] 
 47.32     Every person who sells or transfers ownership of any 
 47.33  bicycle registered pursuant to ~~Laws 1976,~~ this chapter ~~199~~ shall 
 47.34  report the sale or transfer to the commissioner~~, indicating the~~ 
 47.35  ~~name and address of the person to whom the bicycle was sold or~~ 
 47.36  ~~transferred.  The report shall be made~~ within 14 days of the 
 48.1   sale or transfer.  The report of sale must include the 
 48.2   information required by the commissioner and be in the format 
 48.3   prescribed by the commissioner. 
 48.4      Sec. 36.  Minnesota Statutes 2000, section 168C.06, is 
 48.5   amended to read: 
 48.6      168C.06 [NOTIFICATION OF CHANGE OF ADDRESS.] 
 48.7      Upon moving or change of address, the owner of a bicycle 
 48.8   registered pursuant to ~~Laws 1976,~~ this chapter ~~199~~ shall notify 
 48.9   the commissioner in ~~writing~~ the format and manner prescribed by 
 48.10  the commissioner of the new address within 14 days. 
 48.11     Sec. 37.  Minnesota Statutes 2000, section 168C.07, is 
 48.12  amended to read: 
 48.13     168C.07 [LICENSE ~~PLATES~~.] 
 48.14     The commissioner shall provide to the registrant a suitable 
 48.15  registration card ~~having~~ that has the registration number 
 48.16  stamped ~~thereon~~ on the card and ~~indicating~~ that indicates the 
 48.17  date of registration, the make and serial number of the bicycle, 
 48.18  the owner's name and address, and any additional information as 
 48.19  the commissioner may require.  The commissioner shall retain 
 48.20  information concerning each registration ~~shall be retained by~~ 
 48.21  ~~the commissioner~~.  The commissioner shall issue a license ~~plate~~, 
 48.22  which ~~shall~~ must be securely attached to the bicycle covered by 
 48.23  the registration.  Upon a satisfactory showing that the license 
 48.24  ~~plate~~ or registration card has been lost or destroyed, the 
 48.25  commissioner shall issue a replacement license ~~plate~~ or 
 48.26  registration card upon payment of a fee of $1.  All fees so 
 48.27  collected ~~shall~~ must be deposited to the general fund. 
 48.28     Sec. 38.  Minnesota Statutes 2000, section 168C.08, is 
 48.29  amended to read: 
 48.30     168C.08 [ALTERING SERIAL NUMBER; PENALTY.] 
 48.31     ~~No~~ A person shall not willfully remove, destroy, mutilate 
 48.32  or otherwise alter the serial number or equivalent number of any 
 48.33  bicycle designated by the commissioner pursuant to section 
 48.34  168C.03.  ~~No~~ A person shall not willfully remove, destroy, 
 48.35  mutilate, or otherwise alter any license ~~plate~~ during the time 
 48.36  in which the license ~~plate~~ is operative.  Any person who 
 49.1   violates ~~the provisions of~~ this section is guilty of a 
 49.2   misdemeanor. 
 49.3      Sec. 39.  Minnesota Statutes 2000, section 168C.09, is 
 49.4   amended to read: 
 49.5      168C.09 [THEFT; PENALTY.] 
 49.6      Subdivision 1.  [REPORTS; ENTRY INTO CRIME INFORMATION 
 49.7   CENTER.] The local law enforcement agency shall report the theft 
 49.8   of all bicycles registered pursuant to ~~Laws 1976,~~ this chapter 
 49.9   ~~199~~ to the department of public safety within five days.  
 49.10  Reports of the stolen bicycles ~~shall~~ must be entered in the 
 49.11  Minnesota crime information center of the department of public 
 49.12  safety.  When the stolen bicycle has been recovered by a local 
 49.13  law enforcement agency, the agency shall report the recovery to 
 49.14  the department of public safety within five days of the recovery 
 49.15  in the format and manner prescribed by the commissioner. 
 49.16     Subd. 2.  [RECORDS.] The commissioner shall maintain a 
 49.17  record of all bicycles registered pursuant to ~~Laws 1976,~~ this 
 49.18  chapter ~~199~~ in the state in an automated system.  The records 
 49.19  ~~shall~~ must be available to all authorized law enforcement 
 49.20  agencies through the Minnesota crime information center. 
 49.21     Subd. 3.  [VIOLATION AND PENALTY.] Any person who knowingly 
 49.22  sells or offers for sale a bicycle registered under ~~Laws~~ 
 49.23  ~~1976,~~ this chapter ~~199 which~~ that is not owned by that person or 
 49.24  a family member is guilty of theft and subject to punishment 
 49.25  under section 609.52, subdivision 3. 
 49.26     Sec. 40.  Minnesota Statutes 2000, section 168C.11, is 
 49.27  amended to read: 
 49.28     168C.11 [DEPUTY REGISTRARS OF BICYCLES.] 
 49.29     Subdivision 1.  [APPOINTMENT.] Subject to ~~the provisions of~~ 
 49.30  subdivision 2, the commissioner shall appoint as deputy 
 49.31  registrars of bicycles any bicycle dealer, or agent or employee 
 49.32  ~~thereof~~ of the dealer, or agent or employee of a nonprofit 
 49.33  organization promoting bicycling or in whose activities 
 49.34  bicycling plays an integral part, or an agent or employee 
 49.35  designated by a municipality that sells bicycles at public 
 49.36  auction who applies for appointment in a manner prescribed by 
 50.1   the commissioner; provided that concurrently there may be no 
 50.2   more than one deputy for each separate place of business of a 
 50.3   bicycle dealer.  Deputy registrars of bicycles shall act as 
 50.4   agents of the commissioner and may accept registrations as 
 50.5   provided in ~~Laws 1976,~~ this chapter ~~199, except that no deputy~~ 
 50.6   ~~registrar of bicycles shall be required to register bicycles~~ 
 50.7   ~~sold by other bicycle dealers~~.  The commissioner, deputy 
 50.8   registrars of motor vehicles, and deputy registrars of bicycles 
 50.9   may charge and retain an additional $1 per registration granted 
 50.10  for their services.  In the case of a deputy registrar of motor 
 50.11  vehicles, the $1 ~~shall~~ must be deposited in the treasury of the 
 50.12  place for which the deputy registrar is appointed, or if not a 
 50.13  public official the deputy registrar shall retain the filing 
 50.14  fee.  Other registration fees collected by the commissioner, 
 50.15  deputy registrars of motor vehicles, and deputy registrars of 
 50.16  bicycles ~~shall~~ must be processed, accounted for, and transmitted 
 50.17  to the state treasurer as required by the commissioner. 
 50.18     Subd. 2.  [DENIAL, SUSPENSION OR REVOCATION OF 
 50.19  APPOINTMENT.] The commissioner, without prior notice or hearing, 
 50.20  may issue an order denying, suspending, or revoking any 
 50.21  appointment made or applied for pursuant to this section upon 
 50.22  finding that the applicant or deputy registrar of bicycles has 
 50.23  violated or failed to comply with any provision of ~~Laws 1976,~~ 
 50.24  this chapter ~~199~~ or any rule adopted ~~hereunder~~ under the 
 50.25  authority of this chapter.  Upon the entry of such an order, the 
 50.26  commissioner shall promptly serve a copy ~~thereof~~ of the order on 
 50.27  the applicant or deputy registrar of bicycles.  The order ~~shall~~ 
 50.28  must state the reasons for its issuance and, in the case of a 
 50.29  suspension or revocation of appointment, ~~shall~~ must specify that 
 50.30  upon the written request of the deputy registrar of bicycles the 
 50.31  matter will be set for hearing within 15 days after the receipt 
 50.32  of the request~~,~~; provided, that with the consent of the deputy 
 50.33  registrar of bicycles a hearing may be held subsequent to the 
 50.34  expiration of the 15-day period ~~specified herein~~.  If no hearing 
 50.35  is requested, the order ~~will remain~~ remains in effect until it 
 50.36  is modified or vacated by the commissioner.  If a hearing is 
 51.1   requested, the commissioner, after notice and hearing in 
 51.2   accordance with ~~the provisions of~~ chapter 14, shall affirm, 
 51.3   modify, or vacate the order. 
 51.4      Sec. 41.  Minnesota Statutes 2000, section 168C.12, is 
 51.5   amended to read: 
 51.6      168C.12 [ADMINISTRATION; RULES.] 
 51.7      The commissioner shall adopt rules for the implementation 
 51.8   and administration of ~~Laws 1976,~~ this chapter ~~199 no later than~~ 
 51.9   ~~March 1, 1977.  The commissioner shall begin to accept~~ 
 51.10  ~~registrations and implement Laws 1976, chapter 199 on March 1,~~ 
 51.11  ~~1977~~.  Nothing ~~herein shall be construed to prevent~~ in this 
 51.12  chapter prevents the commissioner from contracting any service 
 51.13  provided under ~~Laws 1976,~~ this chapter ~~199~~ to any private person 
 51.14  or entity or other unit of government. 
 51.15     Sec. 42.  Minnesota Statutes 2000, section 168C.13, 
 51.16  subdivision 1, is amended to read: 
 51.17     Subdivision 1.  [BICYCLE REGISTRATION POWERS OF POLITICAL 
 51.18  SUBDIVISION.] ~~After February 28, 1977,~~ No political subdivision 
 51.19  may license or register bicycles except as a deputy registrar 
 51.20  pursuant to section 168C.11, subdivision 1.  However, any 
 51.21  political subdivision ~~which had such power prior to~~ that had the 
 51.22  power of a deputy registrar before March 1, 1977, may thereafter 
 51.23  require that any or all bicycles used or ridden upon any 
 51.24  highway, street, alley, sidewalk, or other public way, or 
 51.25  property within the boundaries ~~thereof shall~~ of the public way, 
 51.26  must be registered.  Applications for new registrations required 
 51.27  pursuant to this subdivision ~~shall~~ must be made to the 
 51.28  commissioner in the same manner and subject to the same rules, 
 51.29  fees, and penalties as those made voluntarily pursuant to 
 51.30  section 168C.03. 
 51.31     Sec. 43.  Minnesota Statutes 2000, section 169.06, is 
 51.32  amended by adding a subdivision to read: 
 51.33     Subd. 9.  [AFFIRMATIVE DEFENSE RELATING TO UNCHANGING 
 51.34  TRAFFIC CONTROL SIGNAL.] (a) A person operating a motorcycle or 
 51.35  bicycle who violates subdivision 4 by entering or crossing an 
 51.36  intersection controlled by a traffic-control signal against a 
 52.1   red light has an affirmative defense to that charge if the 
 52.2   person establishes all of the following conditions: 
 52.3      (1) the motorcycle or bicycle has been brought to a 
 52.4   complete stop; 
 52.5      (2) the traffic-control signal continues to show a red 
 52.6   light for an unreasonable time; 
 52.7      (3) the traffic-control signal is apparently malfunctioning 
 52.8   or, if programmed or engineered to change to a green light only 
 52.9   after detecting the approach of a motor vehicle, the signal has 
 52.10  apparently failed to detect the arrival of the motorcycle or 
 52.11  bicycle; and 
 52.12     (4) no motor vehicle or person is approaching on the street 
 52.13  or highway to be crossed or entered or is so far away from the 
 52.14  intersection that it does not constitute an immediate hazard. 
 52.15     (b) The affirmative defense in this subdivision applies 
 52.16  only to a violation for entering or crossing an intersection 
 52.17  controlled by a traffic-control signal against a red light and 
 52.18  does not provide a defense to any other civil or criminal action.
 52.19     Sec. 44.  Minnesota Statutes 2000, section 169.26, 
 52.20  subdivision 1, is amended to read: 
 52.21     Subdivision 1.  [REQUIREMENTS.] (a) Except as provided in 
 52.22  section 169.28, subdivision 1, when any person driving a vehicle 
 52.23  approaches a railroad grade crossing under any of the 
 52.24  circumstances stated in this paragraph, the driver shall stop 
 52.25  the vehicle not less than ten feet from the nearest railroad 
 52.26  track and shall not proceed until safe to do so.  These 
 52.27  requirements apply when:  
 52.28     (1) a clearly visible electric or mechanical signal device 
 52.29  warns of the immediate approach of a railroad train; or 
 52.30     (2) an approaching railroad train is plainly visible and is 
 52.31  in hazardous proximity.  
 52.32     (b) The fact that a moving train approaching a railroad 
 52.33  grade crossing is visible from the crossing is prima facie 
 52.34  evidence that it is not safe to proceed. 
 52.35     (c) The driver of a vehicle shall stop and remain stopped 
 52.36  and not traverse the grade crossing when a human flagger signals 
 53.1   the approach or passage of a train or when a crossing gate is 
 53.2   lowered warning of the immediate approach or passage of a 
 53.3   railroad train.  No person may drive a vehicle past a flagger at 
 53.4   a railroad crossing until the flagger signals that the way is 
 53.5   clear to proceed or drive a vehicle past a lowered crossing gate.
 53.6      Sec. 45.  Minnesota Statutes 2000, section 169.28, 
 53.7   subdivision 1, is amended to read: 
 53.8      Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
 53.9   motor vehicle carrying passengers for hire, or of any school bus 
 53.10  whether carrying passengers or not, or of any Head Start bus 
 53.11  whether carrying passengers or not, or of any vehicle ~~carrying~~ 
 53.12  ~~explosive substances or flammable liquids, or liquid gas under~~ 
 53.13  ~~pressure as a cargo or part of a cargo~~ that is required to stop 
 53.14  at railroad grade crossings under Code of Federal Regulations, 
 53.15  title 49, section 392.10, before crossing at grade any track or 
 53.16  tracks of a railroad, shall stop the vehicle not less than ~~ten~~ 
 53.17  15 feet nor more than 50 feet from the nearest rail of the 
 53.18  railroad and while so stopped shall listen and look in both 
 53.19  directions along the track for any approaching train, and for 
 53.20  signals indicating the approach of a train, except as 
 53.21  hereinafter provided, and shall not proceed until safe to do 
 53.22  so.  The driver must not shift gears while crossing the railroad 
 53.23  tracks.  
 53.24     (b) A school bus or Head Start bus shall not be flagged 
 53.25  across railroad grade crossings except at those railroad grade 
 53.26  crossings that the local school administrative officer may 
 53.27  designate. 
 53.28     Sec. 46.  Minnesota Statutes 2001 Supplement, section 
 53.29  169.781, subdivision 2, is amended to read: 
 53.30     Subd. 2.  [INSPECTION REQUIRED.] It is unlawful for a 
 53.31  person to operate or permit the operation of: 
 53.32     (1) a commercial motor vehicle registered in Minnesota; or 
 53.33     (2) special mobile equipment as defined in section 168.011, 
 53.34  subdivision 22, and which is self-propelled, if it is mounted on 
 53.35  a commercial motor vehicle chassis, ~~including, but not limited~~ 
 53.36  ~~to, a mobile crane, a water well-drilling rig, and a~~ 
 54.1   ~~concrete-placement pumper,~~ 
 54.2   unless the vehicle displays a valid safety inspection decal 
 54.3   issued by an inspector certified by the commissioner, or the 
 54.4   vehicle carries (1) proof that the vehicle complies with federal 
 54.5   motor vehicle inspection requirements for vehicles in interstate 
 54.6   commerce, and (2) a certificate of compliance with federal 
 54.7   requirements issued by the commissioner under subdivision 9. 
 54.8      Sec. 47.  Minnesota Statutes 2001 Supplement, section 
 54.9   169.79, subdivision 3, is amended to read: 
 54.10     Subd. 3.  [~~MOTORCYCLE~~ REAR DISPLAY OF SINGLE PLATE.] If the 
 54.11  vehicle is a motorcycle, motor scooter, motorized bicycle, 
 54.12  motorcycle sidecar, trailer registered at greater than 3,000 
 54.13  pounds gross vehicle weight (GVW), semitrailer, or vehicle 
 54.14  displaying a dealer plate, then one license plate must be 
 54.15  displayed on the rear of the vehicle.  
 54.16     Sec. 48.  Minnesota Statutes 2001 Supplement, section 
 54.17  169.79, is amended by adding a subdivision to read: 
 54.18     Subd. 3a.  [SMALL TRAILER.] If the vehicle is a trailer 
 54.19  with 3,000 pounds or less GVW with lifetime registration, the 
 54.20  numbered plate or sticker must be adhered to the side of the 
 54.21  trailer frame tongue near the hitch. 
 54.22     Sec. 49.  Minnesota Statutes 2001 Supplement, section 
 54.23  169.79, subdivision 8, is amended to read: 
 54.24     Subd. 8.  [PLATE REGISTRATION STICKERS.] License plates 
 54.25  issued to vehicles registered under section 168.017 must display 
 54.26  the month of expiration in the lower left corner as viewed 
 54.27  facing the plate and the year of expiration in the lower right 
 54.28  corner as viewed facing the plate.  License plates issued to 
 54.29  vehicles registered under section 168.127 must display either 
 54.30  fleet registration validation stickers in the lower right corner 
 54.31  as viewed facing the plates or distinctive license plates, 
 54.32  issued by the registrar, with "FLEET REG" ~~embossed~~ displayed on 
 54.33  the bottom center portion of the plate. 
 54.34     Sec. 50.  Minnesota Statutes 2000, section 169.974, 
 54.35  subdivision 5, is amended to read: 
 54.36     Subd. 5.  [DRIVING RULES.] (a) An operator of a motorcycle 
 55.1   shall ride only upon a permanent and regular seat which is 
 55.2   attached to the vehicle for that purpose.  No other person shall 
 55.3   ride on a motorcycle; except that passengers may ride upon a 
 55.4   permanent and regular operator's seat if designed for two 
 55.5   persons, or upon additional seats attached to the vehicle to the 
 55.6   rear of the operator's seat, or in a sidecar attached to the 
 55.7   vehicle; provided, however, that the operator of a motorcycle 
 55.8   shall not carry passengers in a number in excess of the designed 
 55.9   capacity of the motorcycle or sidecar attached to it.  No 
 55.10  passenger shall be carried in a position that will interfere 
 55.11  with the safe operation of the motorcycle or the view of the 
 55.12  operator. 
 55.13     (b) No person shall ride upon a motorcycle as a passenger 
 55.14  unless, when sitting astride the seat, the person can reach the 
 55.15  foot rests with both feet. 
 55.16     (c) No person, except passengers of sidecars or drivers and 
 55.17  passengers of three-wheeled motorcycles, shall operate or ride 
 55.18  upon a motorcycle except while sitting astride the seat, facing 
 55.19  forward, with one leg on either side of the motorcycle. 
 55.20     (d) No person shall operate a motorcycle while carrying 
 55.21  animals, packages, bundles, or other cargo which prevent the 
 55.22  person from keeping both hands on the handlebars. 
 55.23     (e) No person shall operate a motorcycle between lanes of 
 55.24  moving or stationary vehicles headed in the same direction, nor 
 55.25  shall any person drive a motorcycle abreast of or overtake or 
 55.26  pass another vehicle within the same traffic lane, except that 
 55.27  motorcycles may, with the consent of both drivers, be operated 
 55.28  not more than two abreast in a single traffic lane. 
 55.29     (f) Motor vehicles including motorcycles are entitled to 
 55.30  the full use of a traffic lane and no motor vehicle may be 
 55.31  driven or operated in a manner so as to deprive a motorcycle of 
 55.32  the full use of a traffic lane. 
 55.33     (g) A person operating a motorcycle upon a roadway must be 
 55.34  granted the rights and is subject to the duties applicable to a 
 55.35  motor vehicle as provided by law, except as to those provisions 
 55.36  which by their nature can have no application. 
 56.1      (h) Paragraph (e) of this subdivision does not apply to 
 56.2   police officers in the performance of their official duties. 
 56.3      (i) No person shall operate a motorcycle on a street or 
 56.4   highway unless the headlight or headlights are lighted at all 
 56.5   times the motorcycle is so operated. 
 56.6      (j) When parking on the right-of-way of a street or 
 56.7   highway, the motorcycle must be parked completely within the 
 56.8   parking spot, if marked.  The front of the motorcycle should be 
 56.9   pointed or angled toward the roadway as practicable and 
 56.10  necessary to allow the operator (1) to view any traffic in both 
 56.11  directions of the street or highway without having to move the 
 56.12  motorcycle into a lane of traffic and without losing balance or 
 56.13  control of the motorcycle and (2) to ride the motorcycle forward 
 56.14  and directly into the roadway when sufficiently clear of traffic.
 56.15     Sec. 51.  Minnesota Statutes 2000, section 171.02, 
 56.16  subdivision 1, is amended to read: 
 56.17     Subdivision 1.  [LICENSE REQUIRED.] ~~No person,~~ Except ~~those~~ 
 56.18  ~~hereinafter~~ when expressly exempted, a person shall not 
 56.19  drive ~~any~~ a motor vehicle upon ~~any~~ a street or highway in this 
 56.20  state unless ~~such~~ the person has a license valid under ~~the~~ 
 56.21  ~~provisions of~~ this chapter for the type or class of vehicle 
 56.22  being driven.  ~~No person~~ The department shall ~~receive~~ not issue 
 56.23  a driver's license to a person unless and until the person's 
 56.24  license from any jurisdiction has been invalidated ~~by the~~ 
 56.25  ~~department~~.  The department shall provide to the issuing 
 56.26  department of any jurisdiction, information that the licensee is 
 56.27  now licensed in Minnesota.  ~~No~~ A person ~~shall be~~ is not 
 56.28  permitted to have more than one valid driver's license at any 
 56.29  time.  ~~No~~ The department shall not issue to a person to whom a 
 56.30  current Minnesota identification card has been issued ~~may~~ 
 56.31  ~~receive~~ a driver's license, other than an instruction permit or 
 56.32  a limited license, unless the person's Minnesota identification 
 56.33  card has been invalidated ~~by the department~~. 
 56.34     Sec. 52.  Minnesota Statutes 2000, section 171.02, 
 56.35  subdivision 5, is amended to read: 
 56.36     Subd. 5.  [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.] 
 57.1   Pursuant to the waiver authorization set forth in Public Law 
 57.2   Number 104-59, section 345 (a)(5), a person who operates a 
 57.3   commercial motor vehicle for the purpose of removing snow or ice 
 57.4   from a roadway by plowing, salting, or sanding is not required 
 57.5   to hold a commercial driver's license if the person: 
 57.6      (1) is an employee of a local unit of government with a 
 57.7   population of 3,000 or less; 
 57.8      (2) is operating within the boundaries of the local unit of 
 57.9   government; 
 57.10     (3) holds a valid class D driver's license ~~authorizing the~~ 
 57.11  ~~operation of class B vehicles~~; and 
 57.12     (4) except in the event of a lawful strike, is temporarily 
 57.13  replacing the employee who normally operates the vehicle but 
 57.14  either is unable to operate the vehicle or is in need of 
 57.15  additional assistance due to a snow emergency as determined by 
 57.16  the local unit of government. 
 57.17     Sec. 53.  Minnesota Statutes 2000, section 171.04, 
 57.18  subdivision 1, is amended to read: 
 57.19     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
 57.20  shall not issue a driver's license: 
 57.21     (1) to any person under 18 years unless: 
 57.22     (i) the applicant is 16 or 17 years of age and has a 
 57.23  previously issued valid license from another state or country or 
 57.24  the applicant has, for the 12 consecutive months preceding 
 57.25  application, held a provisional license and during that time has 
 57.26  incurred (A) no conviction for a violation of section 169A.20, 
 57.27  169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no 
 57.28  conviction for a crash-related moving violation, and (C) not 
 57.29  more than one conviction for a moving violation that is not 
 57.30  crash related.  "Moving violation" means a violation of a 
 57.31  traffic regulation but does not include a parking violation, 
 57.32  vehicle equipment violation, or warning citation; 
 57.33     (ii) the application for a license is approved by (A) 
 57.34  either parent when both reside in the same household as the 
 57.35  minor applicant or, if otherwise, then (B) the parent or spouse 
 57.36  of the parent having custody or, in the event there is no court 
 58.1   order for custody, then (C) the parent or spouse of the parent 
 58.2   with whom the minor is living or, if subitems (A) to (C) do not 
 58.3   apply, then (D) the guardian having custody of the minor or, in 
 58.4   the event a person under the age of 18 has no living father, 
 58.5   mother, or guardian, or is married or otherwise legally 
 58.6   emancipated, then (E) the minor's adult spouse, close family 
 58.7   member, or employer; provided, that the approval required by 
 58.8   this item contains a verification of the age of the applicant 
 58.9   and the identity of the parent, guardian, spouse, close family 
 58.10  member, or employer; and 
 58.11     (iii) the applicant presents a certification by the person 
 58.12  who approves the application under item (ii), stating that the 
 58.13  applicant has driven a motor vehicle accompanied by and under 
 58.14  supervision of a licensed driver at least 21 years of age for at 
 58.15  least ten hours during the period of provisional licensure; 
 58.16     (2) to any person who is 18 years of age or younger, unless 
 58.17  the person has applied for, been issued, and possessed the 
 58.18  appropriate instruction permit for a minimum of six months, and, 
 58.19  with respect to a person under 18 years of age, a provisional 
 58.20  license for a minimum of 12 months; 
 58.21     (3) to any person who is 19 years of age or older, unless 
 58.22  that person has applied for, been issued, and possessed the 
 58.23  appropriate instruction permit for a minimum of three months; 
 58.24     (4) to any person whose license has been suspended during 
 58.25  the period of suspension except that a suspended license may be 
 58.26  reinstated during the period of suspension upon the licensee 
 58.27  furnishing proof of financial responsibility in the same manner 
 58.28  as provided in the Minnesota No-Fault Automobile Insurance Act; 
 58.29     (5) to any person whose license has been revoked except 
 58.30  upon furnishing proof of financial responsibility in the same 
 58.31  manner as provided in the Minnesota No-Fault Automobile 
 58.32  Insurance Act and if otherwise qualified; 
 58.33     (6) to any drug-dependent person, as defined in section 
 58.34  254A.02, subdivision 5; 
 58.35     (7) to any person who has been adjudged legally incompetent 
 58.36  by reason of mental illness, mental deficiency, or inebriation, 
 59.1   and has not been restored to capacity, unless the department is 
 59.2   satisfied that the person is competent to operate a motor 
 59.3   vehicle with safety to persons or property; 
 59.4      (8) to any person who is required by this chapter to take a 
 59.5   vision, knowledge, or road examination, unless the person has 
 59.6   successfully passed the examination.  An applicant who fails 
 59.7   four road tests must complete a minimum of six hours of 
 59.8   behind-the-wheel instruction with an approved instructor before 
 59.9   taking the road test again; 
 59.10     (9) to any person who is required under the Minnesota 
 59.11  No-Fault Automobile Insurance Act to deposit proof of financial 
 59.12  responsibility and who has not deposited the proof; 
 59.13     (10) to any person when the commissioner has good cause to 
 59.14  believe that the operation of a motor vehicle on the highways by 
 59.15  the person would be inimical to public safety or welfare; 
 59.16     (11) to any person when, in the opinion of the 
 59.17  commissioner, the person is afflicted with or suffering from a 
 59.18  physical or mental disability or disease that will affect the 
 59.19  person in a manner as to prevent the person from exercising 
 59.20  reasonable and ordinary control over a motor vehicle while 
 59.21  operating it upon the highways; 
 59.22     (12) to a person who is unable to read and understand 
 59.23  official signs regulating, warning, and directing traffic; 
 59.24     (13) to a child for whom a court has ordered denial of 
 59.25  driving privileges under section 260C.201, subdivision 1, or 
 59.26  260B.235, subdivision 5, until the period of denial is 
 59.27  completed; or 
 59.28     (14) to any person whose license has been canceled, during 
 59.29  the period of cancellation. 
 59.30     Sec. 54.  Minnesota Statutes 2000, section 171.05, 
 59.31  subdivision 2, is amended to read: 
 59.32     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 59.33  Notwithstanding any provision in subdivision 1 to the contrary, 
 59.34  the department may issue an instruction permit to an applicant 
 59.35  who is 15, 16, or 17 years of age and who: 
 59.36     (1) has completed a course of driver education in another 
 60.1   state, has a previously issued valid license from another state, 
 60.2   or is enrolled in either: 
 60.3      (i) a public, private, or commercial driver education 
 60.4   program that is approved by the commissioner of public safety 
 60.5   and that includes classroom and behind-the-wheel training; or 
 60.6      (ii) an approved behind-the-wheel driver education program 
 60.7   when the student is receiving full-time instruction in a home 
 60.8   school within the meaning of sections 120A.22 and 120A.24, the 
 60.9   student is working toward a home-school diploma, the student's 
 60.10  status as a home-school student has been certified by the 
 60.11  superintendent of the school district in which the student 
 60.12  resides, and the student is taking home-classroom driver 
 60.13  training with classroom materials approved by the commissioner 
 60.14  of public safety; 
 60.15     (2) has completed the classroom phase of instruction in the 
 60.16  driver education program; 
 60.17     (3) has passed a test of the applicant's eyesight; 
 60.18     (4) has passed a department-administered test of the 
 60.19  applicant's knowledge of traffic laws; 
 60.20     (5) has completed the required application, which must be 
 60.21  approved by (i) either parent when both reside in the same 
 60.22  household as the minor applicant or, if otherwise, then (ii) the 
 60.23  parent or spouse of the parent having custody or, in the event 
 60.24  there is no court order for custody, then (iii) the parent or 
 60.25  spouse of the parent with whom the minor is living or, if items 
 60.26  (i) to (iii) do not apply, then (iv) the guardian having custody 
 60.27  of the minor or, in the event a person under the age of 18 has 
 60.28  no living father, mother, or guardian, or is married or 
 60.29  otherwise legally emancipated, then (v) the applicant's adult 
 60.30  spouse, adult close family member, or adult employer; provided, 
 60.31  that the approval required by this clause contains a 
 60.32  verification of the age of the applicant and the identity of the 
 60.33  parent, guardian, adult spouse, adult close family member, or 
 60.34  adult employer; and 
 60.35     (6) has paid the fee required in section 171.06, 
 60.36  subdivision 2. 
 61.1      (b) The instruction permit is valid for one year from the 
 61.2   date of application and may be renewed upon payment of a fee 
 61.3   equal to the fee for issuance of an instruction permit under 
 61.4   section 171.06, subdivision 2. 
 61.5      Sec. 55.  Minnesota Statutes 2000, section 171.055, 
 61.6   subdivision 1, is amended to read: 
 61.7      Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
 61.8   The department may issue a provisional license, which must be 
 61.9   distinctive in appearance from a driver's license, to an 
 61.10  applicant who: 
 61.11     (1) has reached the age of 16 years; 
 61.12     (2) during the six months immediately preceding the 
 61.13  application for the provisional license has possessed an 
 61.14  instruction permit and has incurred (i) no convictions for a 
 61.15  violation of section 169A.20, 169A.33, 169A.35, or sections 
 61.16  169A.50 to 169A.53, (ii) no convictions for a crash-related 
 61.17  moving violation, and (iii) no convictions for a moving 
 61.18  violation that is not crash related; 
 61.19     (3) has successfully completed a course of driver education 
 61.20  in accordance with department rules; 
 61.21     (4) completes the required application, which must be 
 61.22  approved by (i) either parent when both reside in the same 
 61.23  household as the minor applicant or, if otherwise, then (ii) the 
 61.24  parent or spouse of the parent having custody or, in the event 
 61.25  there is no court order for custody, then (iii) the parent or 
 61.26  spouse of the parent with whom the minor is living or, if items 
 61.27  (i) to (iii) do not apply, then (iv) the guardian having custody 
 61.28  of the minor or, in the event a person under the age of 18 has 
 61.29  no living father, mother, or guardian, or is married or 
 61.30  otherwise legally emancipated, then (v) the applicant's adult 
 61.31  spouse, adult close family member, or adult employer; provided, 
 61.32  that the approval required by this clause contains a 
 61.33  verification of the age of the applicant and the identity of the 
 61.34  parent, guardian, adult spouse, adult close family member, or 
 61.35  adult employer; 
 61.36     (5) presents certification by the person who approves the 
 62.1   application under clause (4) stating that the applicant has 
 62.2   driven a motor vehicle accompanied by and under the supervision 
 62.3   of a licensed driver at least 21 years of age, for no less than 
 62.4   30 hours, at least ten of which were nighttime hours; and 
 62.5      (6) pays the fee required in section 171.06, subdivision 2. 
 62.6      (b) For purposes of this section, "moving violation" has 
 62.7   the meaning given it in section 171.04, subdivision 1. 
 62.8      Sec. 56.  Minnesota Statutes 2000, section 171.06, 
 62.9   subdivision 1, is amended to read: 
 62.10     Subdivision 1.  [FORMS OF APPLICATION.] Every application 
 62.11  for a Minnesota identification card, for an instruction permit, 
 62.12  for a provisional license, or for a driver's license ~~shall~~ must 
 62.13  be made ~~upon~~ in a ~~form furnished~~ format approved by the 
 62.14  department, and every application ~~shall~~ must be accompanied by 
 62.15  the proper fee.  ~~All applications shall be signed in the~~ 
 62.16  ~~presence of the person authorized to accept the applications, or~~ 
 62.17  ~~the signature on the application may be verified by a notary~~ 
 62.18  ~~public.~~  All first-time applications and change of status 
 62.19  applications must be signed in the presence of the person 
 62.20  authorized to accept the application, or the signature on the 
 62.21  application may be verified by a notary public.  All 
 62.22  applications requiring evidence of legal presence in the United 
 62.23  States must be signed in the presence of the person authorized 
 62.24  to accept the application, or the signature on the application 
 62.25  may be verified by a notary public. 
 62.26     Sec. 57.  Minnesota Statutes 2000, section 171.06, 
 62.27  subdivision 3, is amended to read: 
 62.28     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
 62.29  An application must: 
 62.30     (1) state the full name, date of birth, sex, and residence 
 62.31  address of the applicant~~,~~; 
 62.32     (2) as may be required by the commissioner, contain a 
 62.33  description of the applicant ~~in such manner as the commissioner~~ 
 62.34  ~~may require, and must state whether or not the applicant has~~ 
 62.35  ~~theretofore been licensed as a driver; and, if so, when and by~~ 
 62.36  ~~what state or country and whether any such license has ever been~~ 
 63.1   ~~suspended or revoked, or whether an application has ever been~~ 
 63.2   ~~refused; and, if so, the date of and reason for such suspension,~~ 
 63.3   ~~revocation, or refusal, together with such~~ and any other facts 
 63.4   pertaining to the applicant, the applicant's driving privileges, 
 63.5   and the applicant's ability to operate a motor vehicle with 
 63.6   safety ~~as may be required by the commissioner.  An application~~; 
 63.7      (3) for a class C, class B, or class A driver's license 
 63.8   ~~also must~~, state the applicant's social security number~~.  An~~ 
 63.9   ~~application~~ or, for a class D driver's license ~~must~~, have a 
 63.10  space for the applicant's social security number and state that 
 63.11  providing the number is optional, or otherwise convey that the 
 63.12  applicant is not required to enter the social security number~~.~~  
 63.13  ~~The application form must~~; 
 63.14     (4) contain a space where the applicant may indicate a 
 63.15  desire to make an anatomical gift according to paragraph (b); 
 63.16  and 
 63.17     (5) contain a notification to the applicant of the 
 63.18  availability of a living will/health care directive designation 
 63.19  on the license under section 171.07, subdivision 7.  
 63.20     (b) If the applicant does not indicate a desire to make an 
 63.21  anatomical gift when the application is made, the applicant must 
 63.22  be offered a donor document in accordance with section 171.07, 
 63.23  subdivision 5.  The application ~~form~~ must contain statements 
 63.24  sufficient to comply with the requirements of the Uniform 
 63.25  Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 
 63.26  that execution of the application or donor document will make 
 63.27  the anatomical gift as provided in section 171.07, subdivision 
 63.28  5, for those indicating a desire to make an anatomical 
 63.29  gift.  ~~The application form must contain a notification to the~~ 
 63.30  ~~applicant of the availability of a living will/health care~~ 
 63.31  ~~directive designation on the license under section 171.07,~~ 
 63.32  ~~subdivision 7.  The application must be in the form prepared by~~ 
 63.33  ~~the commissioner.~~  The application must be accompanied by 
 63.34  information describing Minnesota laws regarding anatomical gifts 
 63.35  and the need for and benefits of anatomical gifts. 
 63.36     ~~(b)~~ (c) The application ~~form~~ must be accompanied also by 
 64.1   ~~a pamphlet~~ information containing relevant facts relating to:  
 64.2      (1) the effect of alcohol on driving ability; 
 64.3      (2) the effect of mixing alcohol with drugs; 
 64.4      (3) the laws of Minnesota relating to operation of a motor 
 64.5   vehicle while under the influence of alcohol or a controlled 
 64.6   substance; and 
 64.7      (4) the levels of alcohol-related fatalities and accidents 
 64.8   in Minnesota and of arrests for alcohol-related violations. 
 64.9      ~~(c) The application form must also be accompanied by a~~ 
 64.10  ~~pamphlet describing Minnesota laws regarding anatomical gifts~~ 
 64.11  ~~and the need for and benefits of anatomical gifts.~~ 
 64.12     Sec. 58.  Minnesota Statutes 2001 Supplement, section 
 64.13  171.07, subdivision 1, is amended to read: 
 64.14     Subdivision 1.  [LICENSE; CONTENTS.] (a) Upon the payment 
 64.15  of the required fee, the department shall issue to every 
 64.16  qualifying applicant a license designating the type or class of 
 64.17  vehicles the applicant is authorized to drive as applied for.  
 64.18  This license must bear a distinguishing number assigned to the 
 64.19  licensee, the full name, date of birth, residence address and 
 64.20  permanent mailing address if different, a description of the 
 64.21  licensee in ~~such~~ a manner as the commissioner deems necessary, 
 64.22  and ~~a space upon which the licensee shall write~~ the usual 
 64.23  signature ~~and the date of birth~~ of the licensee.  No license is 
 64.24  valid ~~until it has been signed by~~ unless it bears the usual 
 64.25  signature of the licensee.  ~~Except in the case of an instruction~~ 
 64.26  ~~permit,~~ Every license must bear a colored photograph or an 
 64.27  electronically produced image of the licensee. 
 64.28     (b) Every license issued to an applicant under the age of 
 64.29  21 must be of a distinguishing color and plainly marked 
 64.30  "Under-21." 
 64.31     (c) The department shall use ~~such process or~~ processes in 
 64.32  ~~the issuance of licenses~~ issuing a license that 
 64.33  ~~prohibits~~ prohibit, as ~~near~~ nearly as possible, the ability to 
 64.34  alter or reproduce ~~the licenses~~ a license, or prohibit the 
 64.35  ability to superimpose a photograph or electronically produced 
 64.36  image on ~~the licenses~~ a license, without ready detection. 
 65.1      (d) A license issued to an applicant age 65 or over must be 
 65.2   plainly marked "senior" if requested by the applicant. 
 65.3      Sec. 59.  Minnesota Statutes 2000, section 171.07, 
 65.4   subdivision 3, is amended to read: 
 65.5      Subd. 3.  [IDENTIFICATION CARD; FEE.] (a) Upon payment of 
 65.6   the required fee, the department shall issue to every qualifying 
 65.7   applicant ~~therefor~~ a Minnesota identification card.  The 
 65.8   department may not issue a Minnesota identification card to a 
 65.9   person who has a driver's license, other than ~~an instruction~~ 
 65.10  ~~permit or~~ a limited license.  The card must bear a 
 65.11  distinguishing number assigned to the applicant~~,~~; a colored 
 65.12  photograph or an electronically produced image~~,~~ of the 
 65.13  applicant; the applicant's full name, date of birth, and 
 65.14  residence address~~,~~; a description of the applicant in the manner 
 65.15  as the commissioner deems necessary~~,~~; and ~~a space upon which the~~ 
 65.16  ~~applicant shall write~~ the usual signature ~~and the date of birth~~ 
 65.17  of the applicant ~~with pen and ink~~. 
 65.18     (b) Each identification card issued to an applicant under 
 65.19  the age of 21 must be of a distinguishing color and plainly 
 65.20  marked "Under-21." 
 65.21     ~~(b)~~ (c) Each Minnesota identification card must be plainly 
 65.22  marked "Minnesota identification card - not a driver's license." 
 65.23     ~~(c)~~ (d) The fee for a Minnesota identification card is 50 
 65.24  cents when issued to:  a person who is mentally retarded, as 
 65.25  defined in section 252A.02, subdivision 2; a physically disabled 
 65.26  person, as defined in section 169.345, subdivision 2; or, a 
 65.27  person with mental illness, as described in section 245.462, 
 65.28  subdivision 20, paragraph (c). 
 65.29     Sec. 60.  Minnesota Statutes 2000, section 171.13, 
 65.30  subdivision 2, is amended to read: 
 65.31     Subd. 2.  [EXAMINATION UPON RENEWAL.] The department shall 
 65.32  issue a driver's license ~~shall be issued~~ upon renewal when the 
 65.33  applicant has passed an examination consisting of a screening of 
 65.34  the applicant's eyesight.  Screening of eyesight required by 
 65.35  this subdivision ~~shall~~ does not ~~be construed as~~ constitute the 
 65.36  practice of optometry as defined in section 148.56.  The 
 66.1   commissioner may adopt rules to administer this subdivision.  
 66.2      Sec. 61.  Minnesota Statutes 2000, section 171.165, is 
 66.3   amended to read: 
 66.4      171.165 [COMMERCIAL DRIVER'S LICENSE, DISQUALIFICATION.] 
 66.5      Subdivision 1.  [FIRST VIOLATION.] Subject to section 
 66.6   171.166, the commissioner shall disqualify a person from 
 66.7   operating commercial motor vehicles for one year upon receiving 
 66.8   a record of the first conviction of the person for committing a 
 66.9   violation of any of the following ~~in the commission of which~~ 
 66.10  offenses while operating a commercial motor vehicle ~~was used~~: 
 66.11     (1) section 169A.20 or 169A.31; 
 66.12     (2) section 169.09, subdivision 1 or 2; 
 66.13     (3) a felony, other than a felony described in subdivision 
 66.14  3, paragraph (a), clause ~~(3)~~ (2), item (ii); ~~or~~ 
 66.15     (4) driving with a revoked, suspended, canceled, denied, or 
 66.16  disqualified commercial driver's license; 
 66.17     (5) causing a fatality through the negligent or criminal 
 66.18  operation of a commercial motor vehicle; or 
 66.19     (6) an offense committed in another state that would be 
 66.20  grounds for disqualification under this subdivision or 
 66.21  subdivision 2 if committed in Minnesota. 
 66.22     Subd. 2.  [IMPLIED CONSENT REVOCATION.] The commissioner 
 66.23  shall disqualify a person from operating commercial motor 
 66.24  vehicles for one year from the effective date of a revocation 
 66.25  under section 169A.52 or a statute or ordinance from another 
 66.26  state in conformity with it, if the person was driving, 
 66.27  operating, or in physical control of a commercial motor vehicle 
 66.28  at the time of the incident on which the revocation is based. 
 66.29     Subd. 3.  [GRAVE OR MULTIPLE OFFENSES.] (a) Subject to 
 66.30  section 171.166, the commissioner shall disqualify a person from 
 66.31  operating commercial motor vehicles for: 
 66.32     (1) not less than three years, for a conviction or 
 66.33  revocation set forth in subdivision 1 or 2 committed during the 
 66.34  transportation of hazardous materials; 
 66.35     (2) ~~not less than ten years~~ life, ~~if the person is~~ 
 66.36  ~~convicted~~ for a conviction: 
 67.1      (i) of a second or subsequent ~~time of an~~ disqualifying 
 67.2   offense set forth in subdivision 1 or 2, a statute of another 
 67.3   state or ordinance in conformity with it, or any combination of 
 67.4   those offenses, arising from separate incidents; or 
 67.5      ~~(3) life, if the person is convicted~~ (ii) under chapter 152 
 67.6   of a felony involving the manufacture, sale, or distribution of 
 67.7   a controlled substance, or involving the possession of a 
 67.8   controlled substance with intent to manufacture, sell, or 
 67.9   distribute it, and the person is found to have used a commercial 
 67.10  vehicle in the commission of the felony. 
 67.11     (b) A person whose commercial motor vehicle driving 
 67.12  privileges have been disqualified under paragraph (a), clause 
 67.13  (2), item (i), may apply for reinstatement after ten years.  A 
 67.14  person whose commercial motor vehicle driving privileges have 
 67.15  been disqualified under paragraph (a), clause (2), item (ii), 
 67.16  may not apply for reinstatement. 
 67.17     (c) A person whose commercial motor vehicle driving 
 67.18  privileges have been reinstated under paragraph (b) and who 
 67.19  subsequently commits a disqualifying offense set forth in 
 67.20  subdivision 1 or 2, or any combination of those offenses, may 
 67.21  not apply for reinstatement. 
 67.22     Subd. 4.  [SERIOUS TRAFFIC VIOLATION.] On receiving a 
 67.23  record of conviction and subject to section 171.166, the 
 67.24  commissioner shall disqualify a person from operating commercial 
 67.25  motor vehicles for 60 days if the person is convicted of two 
 67.26  serious traffic violations, or 120 days if convicted of three 
 67.27  serious traffic violations.  The violations must involve 
 67.28  separate incidents and must have been committed in a commercial 
 67.29  motor vehicle within a three-year period.  For purposes of this 
 67.30  subdivision, a serious traffic ~~offense~~ violation includes the 
 67.31  following: 
 67.32     (1) following too closely under section 169.18, subdivision 
 67.33  8; 
 67.34     (2) erratic lane change under sections 169.18, subdivisions 
 67.35  3 and 7; and 169.19, subdivision 4; 
 67.36     (3) operating the commercial vehicle at a speed 15 miles 
 68.1   per hour or more above the posted speed limit; 
 68.2      (4) reckless or careless driving under section 169.13; 
 68.3      (5) fleeing a peace officer under section 609.487; ~~and~~ 
 68.4      (6) a violation of a moving traffic statute of Minnesota or 
 68.5   any state, or an ordinance in conformity with a Minnesota 
 68.6   statute, that arose in connection with a fatal accident; 
 68.7      (7) operating a commercial motor vehicle without the proper 
 68.8   class of commercial driver's license or endorsements for the 
 68.9   type of vehicle being operated; and 
 68.10     (8) operating a commercial motor vehicle without a 
 68.11  commercial driver's license in immediate possession, unless the 
 68.12  person provides proof to the court that, on the date of the 
 68.13  citation, the person held a valid commercial driver's license of 
 68.14  the proper class and with the proper endorsements. 
 68.15     Subd. 4a.  [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The 
 68.16  commissioner shall disqualify a person from operating a 
 68.17  commercial motor vehicle for not less than: 
 68.18     (1) 90 days nor more than one year if the operator is 
 68.19  convicted of a first violation of an out-of-service order; 
 68.20     (2) one year nor more than five years if, during any 
 68.21  ten-year period, the operator is convicted of two violations of 
 68.22  out-of-service orders in separate incidents; and 
 68.23     (3) three years nor more than five years if, during any 
 68.24  ten-year period, the operator is convicted of three or more 
 68.25  violations of out-of-service orders in separate incidents. 
 68.26     (b) The commissioner shall notify the commissioner of 
 68.27  transportation of each disqualification under this subdivision. 
 68.28     Subd. 4b.  [RAILROAD GRADE CROSSING VIOLATION.] (a) The 
 68.29  commissioner shall disqualify a person from operating a 
 68.30  commercial motor vehicle for not less than: 
 68.31     (1) 60 days if the person is convicted of a first railroad 
 68.32  grade crossing violation; 
 68.33     (2) 120 days if, during any three-year period, the person 
 68.34  is convicted of two railroad grade crossing violations arising 
 68.35  from separate incidents; 
 68.36     (3) one year if, during any three-year period, the person 
 69.1   is convicted of three or more railroad grade crossing violations 
 69.2   arising from separate incidents. 
 69.3      (b) For the purposes of the subdivision, "railroad grade 
 69.4   crossing violation" means a violation of section 169.26 or 
 69.5   169.28, Code of Federal Regulations, title 49, section 392.10, 
 69.6   or a statute or ordinance from another state in conformity with 
 69.7   those sections, while operating a commercial motor vehicle. 
 69.8      Subd. 5.  [RULES.] The commissioner shall adopt rules to 
 69.9   administer this section.  The rules must include procedures for 
 69.10  issuing class D licenses to persons who have been disqualified 
 69.11  from operating commercial motor vehicles but whose drivers' 
 69.12  licenses have not otherwise been revoked, suspended, canceled, 
 69.13  or denied. 
 69.14     Subd. 6.  [EXEMPTIONS.] A disqualification shall not be 
 69.15  imposed under this section on a recreational equipment operator, 
 69.16  farmer, or firefighter operating a commercial motor vehicle 
 69.17  within the scope of section 171.02, subdivision 2, paragraph (b).
 69.18     Subd. 7.  [SCOPE.] This section applies to offenses 
 69.19  committed, and revocations imposed for incidents occurring, on 
 69.20  or after January 1, 1990. 
 69.21     Sec. 62.  [INTENT.] 
 69.22     Nothing in section 10, subdivision 1a, paragraphs (a) and 
 69.23  (c) through (i), and related repeals elsewhere in that section, 
 69.24  is intended to increase or decrease the scope or extent of any 
 69.25  category of licensing authorized under Minnesota Statutes, 
 69.26  section 168.27. 
 69.27     Sec. 63.  [EXEMPTION FROM MATCHING REQUIREMENT.] 
 69.28     All money received under Public Law Number 107-71, the 
 69.29  Aviation and Transportation Security Act, is exempt from the 
 69.30  matching requirements of Minnesota Statutes, section 360.305, 
 69.31  subdivision 4. 
 69.32     Sec. 64.  [REPEALER.] 
 69.33     Minnesota Statutes 2000, sections 115A.908, subdivision 2; 
 69.34  and 171.30, subdivision 3; and Minnesota Statutes 2001 
 69.35  Supplement, section 115A.908, subdivision 1, are repealed. 
 69.36                             ARTICLE 2 
 70.1                    COMMERCIAL VEHICLE ENFORCEMENT 
 70.2      Section 1.  Minnesota Statutes 2000, section 168.011, 
 70.3   subdivision 17, is amended to read: 
 70.4      Subd. 17.  [FARM TRUCK.] (a) "Farm truck" means all single 
 70.5   unit trucks, truck-tractors, tractors, semitrailers, and 
 70.6   trailers used by the owner thereof to transport agricultural, 
 70.7   horticultural, dairy, and other farm products, including 
 70.8   livestock, produced or finished by the owner of the truck, and 
 70.9   any other personal property owned by the farmer to whom the 
 70.10  license for the truck is issued, from the farm to market, and to 
 70.11  transport property and supplies to the farm of the owner.  
 70.12  Trucks, truck-tractors, tractors, semitrailers, and trailers 
 70.13  registered as "farm trucks" may be used by the owner thereof to 
 70.14  occasionally transport unprocessed and raw farm products, not 
 70.15  produced by the owner of the truck, from the place of production 
 70.16  to market when the transportation constitutes the first haul of 
 70.17  the products, and may be used by the owner thereof, either 
 70.18  farmer or logger who harvests and hauls forest products only, to 
 70.19  transport logs, pulpwood, lumber, chips, railroad ties and other 
 70.20  raw and unfinished forest products from the place of production 
 70.21  to an intermediate or final assembly point or transfer yard or 
 70.22  railhead ~~when the transportation constitutes~~, which 
 70.23  transportation may be continued by another farm truck to a place 
 70.24  for final processing or manufacture located within 200 miles of 
 70.25  the place of production and all of which is deemed to constitute 
 70.26  the first haul ~~thereof,~~ of unfinished wood products; provided 
 70.27  that the owner and operator of the vehicle transporting planed 
 70.28  lumber shall have in immediate possession a statement signed by 
 70.29  the producer of the lumber designating the governmental 
 70.30  subdivision, section, and township where the lumber was produced 
 70.31  and that this haul, indicating the date, is the first haul 
 70.32  thereof.  The licensed vehicles may also be used by the owner 
 70.33  thereof to transport, to and from timber-harvesting areas, 
 70.34  equipment and appurtenances incidental to timber harvesting, and 
 70.35  gravel and other road-building materials for timber haul roads. 
 70.36     (b) "Farm trucks" shall also include only single unit 
 71.1   trucks~~, which~~ that, because of their construction, cannot be 
 71.2   used for any other purpose and are used exclusively to transport 
 71.3   milk and cream en route from a farm to an assembly point or 
 71.4   place for final manufacture, and for transporting milk and cream 
 71.5   from an assembly point to a place for final processing or 
 71.6   manufacture.  This section shall not be construed to mean that 
 71.7   the owner or operator of the truck cannot carry on usual 
 71.8   accommodation services for patrons on regular return trips, such 
 71.9   as butter, cream, cheese, and other dairy supplies. 
 71.10     Sec. 2.  Minnesota Statutes 2000, section 168.013, 
 71.11  subdivision 3, is amended to read: 
 71.12     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
 71.13  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
 71.14  gross weight shall state the unloaded weight of the motor 
 71.15  vehicle, trailer, or semitrailer and the maximum load the 
 71.16  applicant proposes to carry thereon, the sum of which shall 
 71.17  constitute the gross weight upon which the license tax shall be 
 71.18  paid, but in no case shall the declared gross weight upon which 
 71.19  the tax is paid be less than 1-1/4 times the declared unloaded 
 71.20  weight of the motor vehicle, trailer, or semitrailer to be 
 71.21  registered, except recreational vehicles taxed under subdivision 
 71.22  1g, school buses taxed under subdivision 18, and tow trucks or 
 71.23  towing vehicles defined in section 169.01, subdivision 52.  The 
 71.24  gross weight of a tow truck or towing vehicle is the actual 
 71.25  weight of the tow truck or towing vehicle fully equipped, but 
 71.26  does not include the weight of a wrecked or disabled vehicle 
 71.27  towed or drawn by the tow truck or towing vehicle. 
 71.28     (b) The gross weight of ~~no~~ a motor vehicle, trailer, or 
 71.29  semitrailer shall not exceed the gross weight upon which the 
 71.30  license tax has been paid by more than four percent or 1,000 
 71.31  pounds, whichever is greater; provided that, a vehicle 
 71.32  transporting unfinished forest products in accordance with 
 71.33  paragraph (d)(3) shall not exceed its gross vehicle weight upon 
 71.34  which the license tax has been paid, or gross axle weight on any 
 71.35  axle, by more than five percent and, notwithstanding other law 
 71.36  to the contrary, is not subject to any fee, fine, or other 
 72.1   assessment or penalty for exceeding a gross vehicle or axle 
 72.2   weight by up to five percent. 
 72.3      (c) The gross weight of the motor vehicle, trailer, or 
 72.4   semitrailer for which the license tax is paid shall be indicated 
 72.5   by a distinctive character on the license plate or plates except 
 72.6   as provided in subdivision 12 and the plate or plates shall be 
 72.7   kept clean and clearly visible at all times. 
 72.8      (d) The owner, driver, or user of a motor vehicle, trailer, 
 72.9   or semitrailer, upon conviction for transporting a gross weight 
 72.10  in excess of the gross weight for which it was registered or for 
 72.11  operating a vehicle with an axle weight exceeding the maximum 
 72.12  lawful axle load weight, shall be guilty of a misdemeanor and be 
 72.13  subject to increased registration or reregistration according to 
 72.14  the following schedule: 
 72.15     (1) The owner, driver, or user of a motor vehicle, trailer, 
 72.16  or semitrailer, upon conviction for transporting a gross weight 
 72.17  in excess of the gross weight for which it is registered by more 
 72.18  than ~~four percent or 1,000 pounds, whichever is greater,~~ the 
 72.19  allowance set forth in paragraph (b) but less than 25 percent or 
 72.20  for operating or using a motor vehicle, trailer, or semitrailer 
 72.21  with an axle weight exceeding the maximum lawful axle load as 
 72.22  provided in section 169.825 by more than ~~four percent or 1,000~~ 
 72.23  ~~pounds, whichever is greater,~~ the allowance set forth in 
 72.24  paragraph (b) but less than 25 percent, in addition to any 
 72.25  penalty imposed for the misdemeanor shall apply to the registrar 
 72.26  to increase the authorized gross weight to be carried on the 
 72.27  vehicle to a weight equal to or greater than the gross weight 
 72.28  the owner, driver, or user was convicted of carrying, the 
 72.29  increase computed for the balance of the calendar year on the 
 72.30  basis of 1/12 of the annual tax for each month remaining in the 
 72.31  calendar year beginning with the first day of the month in which 
 72.32  the violation occurred.  If the additional registration tax 
 72.33  computed upon that weight, plus the tax already paid, amounts to 
 72.34  more than the regular tax for the maximum gross weight permitted 
 72.35  for the vehicle under section 169.825, that additional amount 
 72.36  shall nevertheless be paid into the highway fund, but the 
 73.1   additional tax thus paid shall not permit the vehicle to be 
 73.2   operated with a gross weight in excess of the maximum legal 
 73.3   weight as provided by section 169.825.  Unless the owner within 
 73.4   30 days after a conviction shall apply to increase the 
 73.5   authorized weight and pay the additional tax as provided in this 
 73.6   section, the registrar shall revoke the registration on the 
 73.7   vehicle and demand the return of the registration card and 
 73.8   plates issued on that registration. 
 73.9      (2) The owner or driver or user of a motor vehicle, 
 73.10  trailer, or semitrailer upon conviction for transporting a gross 
 73.11  weight in excess of the gross weight for which the motor 
 73.12  vehicle, trailer, or semitrailer was registered by 25 percent or 
 73.13  more, or for operating or using a vehicle or trailer with an 
 73.14  axle weight exceeding the maximum lawful axle load as provided 
 73.15  in section 169.825 by 25 percent or more, in addition to any 
 73.16  penalty imposed for the misdemeanor, shall have the reciprocity 
 73.17  privileges on the vehicle involved if the vehicle is being 
 73.18  operated under reciprocity canceled by the registrar, or if the 
 73.19  vehicle is not being operated under reciprocity, the certificate 
 73.20  of registration on the vehicle operated shall be canceled by the 
 73.21  registrar and the registrar shall demand the return of the 
 73.22  registration certificate and registration plates.  The registrar 
 73.23  may not cancel the registration or reciprocity privileges for 
 73.24  any vehicle found in violation of seasonal load restrictions 
 73.25  imposed under section 169.87 unless the axle weight exceeds the 
 73.26  year-round weight limit for the highway on which the violation 
 73.27  occurred.  The registrar may investigate any allegation of gross 
 73.28  weight violations and demand that the operator show cause why 
 73.29  all future operating privileges in the state should not be 
 73.30  revoked unless the additional tax assessed is paid. 
 73.31     (3) Clause (1) does not apply to the first haul of 
 73.32  unprocessed or raw farm products or unfinished forest products, 
 73.33  when the registered gross weight is not exceeded by more than 
 73.34  ten percent.  For purposes of this clause, "first haul" means 
 73.35  (i) the first, continuous transportation of unprocessed or raw 
 73.36  farm products from the place of production or on-farm storage 
 74.1   site to any other location within 50 miles of the place of 
 74.2   production or on-farm storage site, or (ii) the ~~first,~~ 
 74.3   continuous or noncontinuous transportation of unfinished forest 
 74.4   products from the place of production to the place of ~~first~~ 
 74.5   ~~unloading~~ final processing or manufacture located within 200 
 74.6   miles of the place of production. 
 74.7      (4) When the registration on a motor vehicle, trailer, or 
 74.8   semitrailer is revoked by the registrar according to provisions 
 74.9   of this section, the vehicle shall not be operated on the 
 74.10  highways of the state until it is registered or reregistered, as 
 74.11  the case may be, and new plates issued, and the registration fee 
 74.12  shall be the annual tax for the total gross weight of the 
 74.13  vehicle at the time of violation.  The reregistration pursuant 
 74.14  to this subdivision of any vehicle operating under reciprocity 
 74.15  agreements pursuant to section 168.181 or 168.187 shall be at 
 74.16  the full annual registration fee without regard to the 
 74.17  percentage of vehicle miles traveled in this state.  
 74.18     Sec. 3.  Minnesota Statutes 2000, section 169.771, 
 74.19  subdivision 2, is amended to read: 
 74.20     Subd. 2.  [INSPECTION BY STATE TROOPER.] (a) The 
 74.21  commissioner of public safety is directed to accelerate spot 
 74.22  check inspections for unsafe motor vehicles and motor vehicle 
 74.23  equipment.  Such inspections shall be conducted by the personnel 
 74.24  of the state patrol who shall give the operator of a commercial 
 74.25  motor vehicle a signed and dated document as evidence of the 
 74.26  inspection.  
 74.27     (b) However, personnel of the state patrol may not conduct 
 74.28  another spot inspection of a commercial motor vehicle if (1) the 
 74.29  operator of the vehicle can show evidence of an inspection, 
 74.30  which is free of critical defects, conducted in Minnesota 
 74.31  according to this section or section 169.781 within the previous 
 74.32  90 days and (2) a state trooper does not have probable cause to 
 74.33  believe the vehicle or its equipment is unsafe or that the 
 74.34  operator has engaged in illegal activity.  In addition, if the 
 74.35  operator shows the state trooper evidence that the commercial 
 74.36  motor vehicle has been inspected within the previous 90 days, 
 75.1   but the officer has probable cause to believe the vehicle or its 
 75.2   equipment is unsafe or to suspect illegal activity, then the 
 75.3   vehicle may be inspected to confirm the existence or absence of 
 75.4   an unsafe condition or of the suspected illegal activity.  
 75.5      Sec. 4.  Minnesota Statutes 2000, section 169.771, 
 75.6   subdivision 3, is amended to read: 
 75.7      Subd. 3.  [RULES.] The commissioner of public safety may 
 75.8   establish such reasonable rules as are necessary to carry out 
 75.9   the provisions of this section, but all spot check inspections 
 75.10  shall be held in compliance with subdivision 2 and in such a 
 75.11  manner that the motor vehicle operators, either private or 
 75.12  commercial, shall not be unnecessarily inconvenienced either by 
 75.13  extended detours, unnecessary delays, or any other unreasonable 
 75.14  cause.  
 75.15     Sec. 5.  Minnesota Statutes 2000, section 169.85, 
 75.16  subdivision 1, is amended to read: 
 75.17     Subdivision 1.  [DRIVER TO STOP FOR WEIGHING.] (a) The 
 75.18  driver of a vehicle ~~which~~ that has been lawfully stopped may be 
 75.19  required by an officer to submit the vehicle and load to a 
 75.20  weighing by means of portable or stationary scales~~, and~~.  
 75.21     (b) In addition, the officer may require that the vehicle 
 75.22  be driven to the nearest available scales, but only if: 
 75.23     (1) the distance to the scales is no further than five 
 75.24  miles, or if the distance from the point where the vehicle is 
 75.25  stopped to the vehicle's destination is not increased by more 
 75.26  than ten miles as a result of proceeding to the nearest 
 75.27  available scales; and 
 75.28     (2) if the vehicle is a commercial motor vehicle, no more 
 75.29  than two other commercial motor vehicles are waiting to be 
 75.30  inspected at the scale.  
 75.31     (c) Official traffic control devices as authorized by 
 75.32  section 169.06 may be used to direct the driver to the nearest 
 75.33  scale.  
 75.34     (d) When a truck weight enforcement operation is conducted 
 75.35  by means of portable or stationary scales and signs giving 
 75.36  notice of the operation are posted within the highway 
 76.1   right-of-way and adjacent to the roadway within two miles of the 
 76.2   operation, the driver of a truck or combination of vehicles 
 76.3   registered for or weighing in excess of 12,000 pounds shall 
 76.4   proceed to the scale site and submit the vehicle to weighing and 
 76.5   inspection. 
 76.6      Sec. 6.  Minnesota Statutes 2000, section 169.85, 
 76.7   subdivision 2, is amended to read: 
 76.8      Subd. 2.  [UNLOADING.] (a) Upon weighing a vehicle and 
 76.9   load, as provided in this section, an officer may require the 
 76.10  driver to stop the vehicle in a suitable place and remain 
 76.11  standing until a portion of the load is removed that is 
 76.12  sufficient to reduce the gross weight of the vehicle to the 
 76.13  limit permitted under either section 168.013, subdivision 3, 
 76.14  paragraph (b), or 169.825, whichever is the lesser violation, if 
 76.15  any.  A suitable place is a location where loading or tampering 
 76.16  with the load is not prohibited by federal, state, or local law, 
 76.17  rule, or ordinance.  
 76.18     (b) Except as provided in paragraph (c), a driver may be 
 76.19  required to unload a vehicle only if the weighing officer 
 76.20  determines that ~~(a)~~ (1) on routes subject to the provisions of 
 76.21  section 169.825, the weight on an axle exceeds the lawful gross 
 76.22  weight prescribed by section 169.825, by 2,000 pounds or more, 
 76.23  or the weight on a group of two or more consecutive axles in 
 76.24  cases where the distance between the centers of the first and 
 76.25  last axles of the group under consideration is ten feet or less 
 76.26  exceeds the lawful gross weight prescribed by section 169.825, 
 76.27  by 4,000 pounds or more; or ~~(b)~~ (2) on routes designated by the 
 76.28  commissioner in section 169.832, subdivision 11, the overall 
 76.29  weight of the vehicle or the weight on an axle or group of 
 76.30  consecutive axles exceeds the maximum lawful gross weights 
 76.31  prescribed by section 169.825; or ~~(c)~~ (3) the weight is unlawful 
 76.32  on an axle or group of consecutive axles on a road restricted in 
 76.33  accordance with section 169.87.  Material unloaded must be cared 
 76.34  for by the owner or driver of the vehicle at the risk of the 
 76.35  owner or driver. 
 76.36     (c) If the gross weight of the vehicle does not exceed the 
 77.1   vehicle's registered gross weight plus the weight allowance set 
 77.2   forth in section 168.013, subdivision 3, paragraph (b), then the 
 77.3   driver is not required to unload under paragraph (b).  
 77.4      Sec. 7.  Minnesota Statutes 2000, section 169.851, 
 77.5   subdivision 3, is amended to read: 
 77.6      Subd. 3.  [FIRST HAUL.] "First haul" ~~means the first,~~ 
 77.7   ~~continuous transportation from the place of production or on~~ 
 77.8   ~~farm storage site to any other location within 50 miles of the~~ 
 77.9   ~~place of production or on farm storage site~~ has the meaning 
 77.10  given it in section 168.013, subdivision 3, paragraph (d)(3).  
 77.11     Sec. 8.  Minnesota Statutes 2000, section 169.86, 
 77.12  subdivision 5, is amended to read: 
 77.13     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 77.14  commissioner, with respect to highways under the commissioner's 
 77.15  jurisdiction, may charge a fee for each permit issued.  All such 
 77.16  fees for permits issued by the commissioner of transportation 
 77.17  shall be deposited in the state treasury and credited to the 
 77.18  trunk highway fund.  Except for those annual permits for which 
 77.19  the permit fees are specified elsewhere in this chapter, the 
 77.20  fees shall be: 
 77.21     (a) $15 for each single trip permit. 
 77.22     (b) $36 for each job permit.  A job permit may be issued 
 77.23  for like loads carried on a specific route for a period not to 
 77.24  exceed two months.  "Like loads" means loads of the same 
 77.25  product, weight, and dimension. 
 77.26     (c) $60 for an annual permit to be issued for a period not 
 77.27  to exceed 12 consecutive months.  Annual permits may be issued 
 77.28  for: 
 77.29     (1) motor vehicles used to alleviate a temporary crisis 
 77.30  adversely affecting the safety or well-being of the public; 
 77.31     (2) motor vehicles which travel on interstate highways and 
 77.32  carry loads authorized under subdivision 1a; 
 77.33     (3) motor vehicles operating with gross weights authorized 
 77.34  under section 169.825, subdivision 11, paragraph (a), clause 
 77.35  (3); 
 77.36     (4) special pulpwood vehicles described in section 169.863; 
 78.1   and 
 78.2      (5) motor vehicles bearing snowplow blades not exceeding 
 78.3   ten feet in width. 
 78.4      (d) $120 for an oversize annual permit to be issued for a 
 78.5   period not to exceed 12 consecutive months.  Annual permits may 
 78.6   be issued for:  
 78.7      (1) mobile cranes; 
 78.8      (2) construction equipment, machinery, and supplies; 
 78.9      (3) manufactured homes; 
 78.10     (4) implements of husbandry when the movement is not made 
 78.11  according to the provisions of paragraph (i); 
 78.12     (5) double-deck buses; 
 78.13     (6) commercial boat hauling.  
 78.14     (e) For vehicles which have axle weights exceeding the 
 78.15  weight limitations of section 169.825, an additional cost added 
 78.16  to the fees listed above.  However, this paragraph applies to 
 78.17  any vehicle described in section 168.013, subdivision 3, 
 78.18  paragraph (b), but only when the vehicle exceeds its gross 
 78.19  weight allowance set forth in that paragraph, and then the 
 78.20  additional cost is for all weight, including the allowance 
 78.21  weight, in excess of the permitted maximum axle weight.  The 
 78.22  additional cost is equal to the product of the distance traveled 
 78.23  times the sum of the overweight axle group cost factors shown in 
 78.24  the following chart:  
 78.25                 Overweight Axle Group Cost Factors 
 78.26  Weight (pounds)         Cost Per Mile For Each Group Of:
 78.27  exceeding       Two consec-     Three consec-   Four consec-
 78.28  weight          utive axles     utive axles     utive axles
 78.29  limitations     spaced within   spaced within   spaced within
 78.30  on axles        8 feet or less  9 feet or less  14 feet or less 
 78.31       0-2,000    .12             .05             .04
 78.32   2,001-4,000    .14             .06             .05
 78.33   4,001-6,000    .18             .07             .06
 78.34   6,001-8,000    .21             .09             .07
 78.35   8,001-10,000   .26             .10             .08
 78.36  10,001-12,000   .30             .12             .09
 79.1   12,001-14,000   Not permitted   .14             .11
 79.2   14,001-16,000   Not permitted   .17             .12
 79.3   16,001-18,000   Not permitted   .19             .15
 79.4   18,001-20,000   Not permitted   Not permitted   .16
 79.5   20,001-22,000   Not permitted   Not permitted   .20
 79.6   The amounts added are rounded to the nearest cent for each axle 
 79.7   or axle group.  The additional cost does not apply to paragraph 
 79.8   (c), clauses (1) and (3).  
 79.9   For a vehicle found to exceed the appropriate maximum permitted 
 79.10  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 79.11  a ton, over the permitted maximum weight is imposed in addition 
 79.12  to the normal permit fee.  Miles must be calculated based on the 
 79.13  distance already traveled in the state plus the distance from 
 79.14  the point of detection to a transportation loading site or 
 79.15  unloading site within the state or to the point of exit from the 
 79.16  state. 
 79.17     (f) As an alternative to paragraph (e), an annual permit 
 79.18  may be issued for overweight, or oversize and overweight, 
 79.19  construction equipment, machinery, and supplies.  The fees for 
 79.20  the permit are as follows:  
 79.21  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 79.22       90,000 or less                             $200
 79.23       90,001 - 100,000                           $300
 79.24      100,001 - 110,000                           $400
 79.25      110,001 - 120,000                           $500
 79.26      120,001 - 130,000                           $600
 79.27      130,001 - 140,000                           $700
 79.28      140,001 - 145,000                           $800
 79.29  If the gross weight of the vehicle is more than 145,000 pounds 
 79.30  the permit fee is determined under paragraph (e). 
 79.31     (g) For vehicles which exceed the width limitations set 
 79.32  forth in section 169.80 by more than 72 inches, an additional 
 79.33  cost equal to $120 added to the amount in paragraph (a) when the 
 79.34  permit is issued while seasonal load restrictions pursuant to 
 79.35  section 169.87 are in effect. 
 79.36     (h) $85 for an annual permit to be issued for a period not 
 80.1   to exceed 12 months, for refuse compactor vehicles that carry a 
 80.2   gross weight of not more than:  22,000 pounds on a single rear 
 80.3   axle; 38,000 pounds on a tandem rear axle; or, subject to 
 80.4   section 169.825, subdivision 14, 46,000 pounds on a tridem rear 
 80.5   axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 80.6   axle must limit the gross vehicle weight to not more than 62,000 
 80.7   pounds. 
 80.8      (i) For vehicles exclusively transporting implements of 
 80.9   husbandry, an annual permit fee of $24.  A vehicle operated 
 80.10  under a permit authorized by this paragraph may be moved at the 
 80.11  discretion of the permit holder without prior route approval by 
 80.12  the commissioner if: 
 80.13     (1) the total width of the transporting vehicle, including 
 80.14  load, does not exceed 14 feet; 
 80.15     (2) the vehicle is operated only between sunrise and 30 
 80.16  minutes after sunset, and is not operated at any time after 
 80.17  12:00 noon on Sundays or holidays; 
 80.18     (3) the vehicle is not operated when visibility is impaired 
 80.19  by weather, fog, or other conditions that render persons and 
 80.20  other vehicles not clearly visible at 500 feet; 
 80.21     (4) the vehicle displays at the front and rear of the load 
 80.22  or vehicle a pair of flashing amber lights, as provided in 
 80.23  section 169.59, subdivision 4, whenever the overall width of the 
 80.24  vehicle exceeds 126 inches; and 
 80.25     (5) the vehicle is not operated on a trunk highway with a 
 80.26  surfaced roadway width of less than 24 feet unless such 
 80.27  operation is authorized by the permit. 
 80.28  A permit under this paragraph authorizes movements of the 
 80.29  permitted vehicle on an interstate highway, and movements of 75 
 80.30  miles or more on other highways. 
 80.31     Sec. 9.  [NORTHERN ZONE LOAD RESTRICTION STUDY.] 
 80.32     The commissioner of transportation shall conduct a study of 
 80.33  load restrictions and seasonal load increases in the northern 
 80.34  zone of Minnesota and make recommendations regarding the 
 80.35  establishment of one or more new zones given the varying climate 
 80.36  in the northern area of the state.  The commissioner shall 
 81.1   report findings back to the committees of the senate and house 
 81.2   of representatives with jurisdiction over transportation policy 
 81.3   by December 15, 2002. 
 81.4      Sec. 10.  [EFFECTIVE DATE.] 
 81.5      Sections 1 to 9 are effective the day following final 
 81.6   enactment.