1.1                          A bill for an act 
  1.2             relating to transportation; modifying appropriations; 
  1.3             modifying provisions relating to use of real estate 
  1.4             appraisal data, snowmobile operation, toll facilities, 
  1.5             operation of hybrid and inherently low emission 
  1.6             vehicles, highway safety rest areas and travel 
  1.7             information centers, lane observance, driver licenses, 
  1.8             designation of natural preservation routes, 
  1.9             establishment of cartways, vehicle weight and load 
  1.10            restrictions, speed limits in school zones; 
  1.11            prohibiting certain uses of traffic signal preemption 
  1.12            transmitters, telephone use by certain drivers, 
  1.13            appropriate speed when passing stopped emergency 
  1.14            vehicle, railroad grade crossing requirements, public 
  1.15            transit crimes, leaving unattended child in motor 
  1.16            vehicle, legislative approval of rules concerning 
  1.17            deputy registrars, review of plat roadway elements, 
  1.18            regulation of motorized scooters, use of booster seats 
  1.19            in vehicles, seat belt violations, operation of motor 
  1.20            vehicles by peace officer with class D license; 
  1.21            prohibiting issuance of driver's license to certain 
  1.22            applicants under 18, provisional license limitations, 
  1.23            allocation of two-wheeled vehicle endorsement fee, 
  1.24            examination of driver license holder who is habitual 
  1.25            violator; requiring state aviation plan; creating 
  1.26            advisory council on aviation planning; requiring 
  1.27            ten-ton county highway system plan; prohibiting 
  1.28            closure of highway rest areas; protecting animals in 
  1.29            vehicles; authorizing issuance of trunk highway bonds; 
  1.30            appropriating money; amending Minnesota Statutes 2002, 
  1.31            sections 84.87, subdivision 1; 160.02, by adding 
  1.32            subdivisions; 160.08, subdivision 7; 160.276; 160.277; 
  1.33            160.278; 160.28; 160.84, subdivision 9; 160.85, 
  1.34            subdivisions 1, 3, 3a, 5; 160.86; 160.88; 161.162, 
  1.35            subdivision 2; 161.163, subdivision 1; 161.164, 
  1.36            subdivision 2; 161.165, subdivisions 2, 3, 4; 161.166, 
  1.37            subdivisions 2, 3; 161.23, subdivision 3; 161.433, 
  1.38            subdivision 2; 161.434; 162.021, subdivision 5; 
  1.39            164.08, subdivision 2; 168.33, subdivision 9; 169.01, 
  1.40            by adding subdivisions; 169.06, by adding a 
  1.41            subdivision; 169.14, subdivisions 2, 3, 4, by adding 
  1.42            subdivisions; 169.18, subdivisions 7, 10; 169.685, 
  1.43            subdivisions 5, 6, 7; 169.686, subdivisions 1, 3; 
  1.44            169.87, subdivisions 5, 6; 169A.55, by adding a 
  1.45            subdivision; 171.02, subdivision 2; 171.05, 
  1.46            subdivision 2b, by adding a subdivision; 171.055, 
  2.1             subdivisions 1, 2; 171.06, subdivision 2a; 171.07, 
  2.2             subdivision 13; 171.13, subdivisions 1, 2, by adding 
  2.3             subdivisions; 174.03, by adding a subdivision; 
  2.4             221.0314, subdivision 9; 462.352, by adding a 
  2.5             subdivision; 462.358, subdivision 3b, by adding a 
  2.6             subdivision; 505.03, subdivision 2; 609.855, 
  2.7             subdivision 1, by adding a subdivision; Minnesota 
  2.8             Statutes 2003 Supplement, sections 13.44, subdivision 
  2.9             3; 117.036, subdivisions 2, 3, by adding a 
  2.10            subdivision; 160.93, subdivision 4, by adding a 
  2.11            subdivision; 168.013, subdivision 3; 169.14, 
  2.12            subdivision 5a; 169.28, subdivision 1; 169.86, 
  2.13            subdivision 5; proposing coding for new law in 
  2.14            Minnesota Statutes, chapters 160; 168; 169; 174; 343; 
  2.15            repealing Minnesota Statutes 2002, section 174.50, 
  2.16            subdivision 4. 
  2.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.18                             ARTICLE 1
  2.19                       TRANSPORTATION POLICY
  2.20     Section 1.  Minnesota Statutes 2003 Supplement, section 
  2.21  13.44, subdivision 3, is amended to read: 
  2.22     Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a)  
  2.23  [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
  2.24  appraised values of individual parcels of real property which 
  2.25  are made by personnel of the state, its agencies and 
  2.26  departments, or a political subdivision or by independent 
  2.27  appraisers acting for the state, its agencies and departments, 
  2.28  or a political subdivision for the purpose of selling or 
  2.29  acquiring land through purchase or condemnation are classified 
  2.30  as confidential data on individuals or protected nonpublic data. 
  2.31     (b)  [PRIVATE OR NONPUBLIC DATA.] Appraised values of 
  2.32  individual parcels of real property that are made by appraisers 
  2.33  working for fee owners or contract purchasers who have received 
  2.34  an offer to purchase their property from a government entity are 
  2.35  private data on individuals or nonpublic data. 
  2.36     (c)  [PUBLIC DATA.] The data made confidential or protected 
  2.37  nonpublic by the provisions of paragraph (a) shall become public 
  2.38  upon the occurrence of any of the following:  
  2.39     (1) ~~the negotiating parties exchange appraisals;~~ 
  2.40     ~~(2)~~ the data are submitted to a court appointed 
  2.41  condemnation commissioner; 
  2.42     ~~(3)~~ (2) the data are presented in court in condemnation 
  2.43  proceedings; or 
  3.1      ~~(4)~~ (3) the negotiating parties enter into an agreement for 
  3.2   the purchase and sale of the property~~; or~~ 
  3.3      ~~(5) the data are submitted to the owner under section~~ 
  3.4   ~~117.036~~. 
  3.5      Sec. 2.  Minnesota Statutes 2002, section 84.87, 
  3.6   subdivision 1, is amended to read: 
  3.7      Subdivision 1.  [OPERATION ON STREETS AND HIGHWAYS.] (a) No 
  3.8   person shall operate a snowmobile upon the roadway, shoulder, or 
  3.9   inside bank or slope of any trunk, county state-aid, or county 
  3.10  highway in this state and, in the case of a divided trunk or 
  3.11  county highway, on the right-of-way between the opposing lanes 
  3.12  of traffic, except as provided in sections 84.81 to 84.90.  No 
  3.13  person shall operate a snowmobile within the right-of-way of any 
  3.14  trunk, county state-aid, or county highway between the hours of 
  3.15  one-half hour after sunset to one-half hour before sunrise, 
  3.16  except on the right-hand side of such right-of-way and in the 
  3.17  same direction as the highway traffic on the nearest lane of the 
  3.18  roadway adjacent thereto.  No snowmobile shall be operated at 
  3.19  any time within the right-of-way of any interstate highway or 
  3.20  freeway within this state. 
  3.21     (b) Notwithstanding any provision of paragraph (a) to the 
  3.22  contrary, but under conditions prescribed by the commissioner of 
  3.23  transportation, the commissioner of transportation may allow 
  3.24  two-way operation of snowmobiles on either side of the trunk 
  3.25  highway right-of-way where the commissioner of transportation 
  3.26  determines that two-way operation will not endanger users of the 
  3.27  trunk highway or riders of the snowmobiles using the trail. 
  3.28     ~~(b)~~ (c) A snowmobile may make a direct crossing of a street 
  3.29  or highway at any hour of the day provided: 
  3.30     (1) the crossing is made at an angle of approximately 90 
  3.31  degrees to the direction of the highway and at a place where no 
  3.32  obstruction prevents a quick and safe crossing; and 
  3.33     (2) the snowmobile is brought to a complete stop before 
  3.34  crossing the shoulder or main traveled way of the highway; and 
  3.35     (3) the driver yields the right-of-way to all oncoming 
  3.36  traffic which constitutes an immediate hazard; and 
  4.1      (4) in crossing a divided highway, the crossing is made 
  4.2   only at an intersection of such highway with another public 
  4.3   street or highway; and 
  4.4      (5) if the crossing is made between the hours of one-half 
  4.5   hour after sunset to one-half hour before sunrise or in 
  4.6   conditions of reduced visibility, only if both front and rear 
  4.7   lights are on; and 
  4.8      (6) a snowmobile may be operated upon a bridge, other than 
  4.9   a bridge that is part of the main traveled lanes of an 
  4.10  interstate highway, when required for the purpose of avoiding 
  4.11  obstructions to travel when no other method of avoidance is 
  4.12  possible; provided the snowmobile is operated in the extreme 
  4.13  right-hand lane, the entrance to the roadway is made within 100 
  4.14  feet of the bridge and the crossing is made without undue delay. 
  4.15     ~~(c)~~ (d) No snowmobile shall be operated upon a public 
  4.16  street or highway unless it is equipped with at least one 
  4.17  headlamp, one taillamp, each of minimum candlepower as 
  4.18  prescribed by rules of the commissioner, reflector material of a 
  4.19  minimum area of 16 square inches mounted on each side forward of 
  4.20  the handle bars, and with brakes each of which shall conform to 
  4.21  standards prescribed by rule of the commissioner pursuant to the 
  4.22  authority vested in the commissioner by section 84.86, and each 
  4.23  of which shall be subject to approval of the commissioner of 
  4.24  public safety. 
  4.25     ~~(d)~~ (e) A snowmobile may be operated upon a public street 
  4.26  or highway other than as provided by ~~clause (b)~~ paragraph (c) in 
  4.27  an emergency during the period of time when and at locations 
  4.28  where snow upon the roadway renders travel by automobile 
  4.29  impractical. 
  4.30     ~~(e)~~ (f) All provisions of chapters 169 and 169A shall apply 
  4.31  to the operation of snowmobiles upon streets and highways, 
  4.32  except for those relating to required equipment, and except 
  4.33  those which by their nature have no application.  Section 169.09 
  4.34  applies to the operation of snowmobiles anywhere in the state or 
  4.35  on the ice of any boundary water of the state. 
  4.36     ~~(f)~~ (g) Any sled, trailer, or other device being towed by a 
  5.1   snowmobile must be equipped with reflective materials as 
  5.2   required by rule of the commissioner. 
  5.3      Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  5.4   117.036, subdivision 2, is amended to read: 
  5.5      Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
  5.6   domain proceeding under this chapter, the acquiring authority 
  5.7   must obtain at least one appraisal for the property proposed to 
  5.8   be acquired.  In making the appraisal, the appraiser must confer 
  5.9   with one or more of the fee owners or contract purchasers of the 
  5.10  property, if reasonably possible.  ~~At least 20 days before~~ 
  5.11  ~~presenting a petition under section 117.055~~ Notwithstanding 
  5.12  section 13.44, the acquiring authority must provide the fee 
  5.13  owner or contract purchaser with a copy of the appraisal and 
  5.14  inform ~~the owner of the owner's~~ that person of the right to 
  5.15  obtain an appraisal under this section.  Upon request, a copy of 
  5.16  the appraisal must be provided to the fee owner or contract 
  5.17  purchaser within five days.  The owner or contract purchaser 
  5.18  must provide the commissioner with appraisals of the property 
  5.19  for which the owner has been reimbursed with public funds. 
  5.20     (b) The fee owner or contract purchaser may obtain an 
  5.21  appraisal by a qualified appraiser of the property proposed to 
  5.22  be acquired.  The fee owner or contract purchaser is entitled to 
  5.23  reimbursement for the reasonable costs of the appraisal from the 
  5.24  acquiring authority up to a maximum of $1,500 ~~within 30 days~~ 
  5.25  ~~after the owner~~ if that person submits to the acquiring 
  5.26  authority the information necessary for reimbursement~~, provided~~ 
  5.27  ~~that the owner does so within 60 days after the owner receives~~ 
  5.28  ~~the appraisal from the authority under paragraph (a)~~ and a copy 
  5.29  of the appraisal within 90 days after receiving the acquiring 
  5.30  authority's appraisal.  The acquiring authority must pay the 
  5.31  reimbursement to the fee owner or contract purchaser within 30 
  5.32  days after receiving a copy of the appraisal and the 
  5.33  reimbursement information.  Upon agreement between the fee owner 
  5.34  or contract purchaser and the acquiring authority, the acquiring 
  5.35  authority may pay the reimbursement, of up to $1,500, directly 
  5.36  to the appraiser.  
  6.1      (c) An appraisal may not be used or considered in a 
  6.2   commissioner's hearing unless it is disclosed to all parties at 
  6.3   least three business days before the hearing. 
  6.4      Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  6.5   117.036, subdivision 3, is amended to read: 
  6.6      Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
  6.7   requirements under subdivision 2, before commencing an eminent 
  6.8   domain proceeding, the acquiring authority must make a good 
  6.9   faith attempt to negotiate personally with the owner of the 
  6.10  property in order to acquire the property by direct purchase 
  6.11  instead of the use of eminent domain proceedings.  In making 
  6.12  this negotiation, the acquiring authority must consider the 
  6.13  appraisals in its possession, including any appraisal obtained 
  6.14  and furnished by the owner, and other information that may be 
  6.15  relevant to a determination of damages under this chapter. 
  6.16     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  6.17  117.036, is amended by adding a subdivision to read: 
  6.18     Subd. 4.  [INFORMATION TO BE PREPARED.] The commissioner of 
  6.19  transportation, in consultation with the attorney general and 
  6.20  one or more professional associations of real estate appraisers, 
  6.21  shall prepare a publication of not more than two pages that 
  6.22  summarizes the eminent domain process for transportation 
  6.23  projects, including the reasons for condemnation, the procedures 
  6.24  followed by condemners, how property owners and citizens may 
  6.25  influence the condemnation process, and the rights of property 
  6.26  owners and citizens affected by condemnation.  The commissioner 
  6.27  shall make this publication available to all persons on whose 
  6.28  property the commissioner has made an appraisal or to whom the 
  6.29  commissioner has made an offer to purchase.  The commissioner 
  6.30  may make the publication available to other acquiring 
  6.31  authorities and may charge a price to recover the commissioner's 
  6.32  costs. 
  6.33     Sec. 6.  Minnesota Statutes 2002, section 160.02, is 
  6.34  amended by adding a subdivision to read: 
  6.35     Subd. 19a.  [HYBRID VEHICLE.] "Hybrid vehicle" is a motor 
  6.36  vehicle that draws propulsion energy from onboard sources of 
  7.1   stored energy, which are both:  (1) an internal combustion or 
  7.2   heat engine using combustible fuel; and (2) a rechargeable 
  7.3   energy storage system, and in the case of passenger automobiles 
  7.4   for model years 2004-2005, meets Tier II emission standards, and 
  7.5   for model years 2006-2007, meets Tier II, Bin 5, emission 
  7.6   standards. 
  7.7      Sec. 7.  Minnesota Statutes 2002, section 160.02, is 
  7.8   amended by adding a subdivision to read: 
  7.9      Subd. 19b.  [INHERENTLY LOW EMISSION VEHICLE 
  7.10  (ILEV).] "Inherently low emission vehicle" is a motor vehicle 
  7.11  that meets Environmental Protection Agency ILEV standards for 
  7.12  evaporative emissions. 
  7.13     Sec. 8.  Minnesota Statutes 2002, section 160.08, 
  7.14  subdivision 7, is amended to read: 
  7.15     Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
  7.16  RIGHT-OF-WAY.] No commercial establishment, including but not 
  7.17  limited to automotive service stations, for serving motor 
  7.18  vehicle users shall be constructed or located within the 
  7.19  right-of-way of, or on publicly owned or publicly leased land 
  7.20  acquired or used for or in connection with, a controlled access 
  7.21  highway; except that (1) structures may be built within safety 
  7.22  rest and ~~tourist~~ travel information center areas; (2) space 
  7.23  within state-owned buildings in those areas may be leased for 
  7.24  the purpose of providing information to travelers 
  7.25  through ~~commercial and public service~~ advertising ~~under~~ 
  7.26  ~~franchise agreements~~ as provided in ~~sections~~ section 160.276 ~~to~~ 
  7.27  ~~160.278~~; (3) advertising signs may be erected within the 
  7.28  right-of-way of interstate or controlled-access trunk highways 
  7.29  by franchise agreements under section 160.80; ~~and~~ (4) vending 
  7.30  machines may be placed in rest areas, ~~tourist~~ travel information 
  7.31  centers, or weigh stations constructed or located within trunk 
  7.32  highway rights-of-way; and (5) acknowledgment signs may be 
  7.33  erected under sections 160.272 and 160.2735. 
  7.34     Sec. 9.  [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION 
  7.35  CENTER LEASES.] 
  7.36     Subdivision 1.  [LEASE AGREEMENTS.] (a) Except as provided 
  8.1   in subdivision 3, and notwithstanding any other law to the 
  8.2   contrary, the commissioner may enter into lease agreements 
  8.3   through negotiations with public or not-for-profit entities or 
  8.4   through best value, as defined in section 16C.02, subdivision 4, 
  8.5   with private entities relating to the use of safety rest areas 
  8.6   and travel information centers. 
  8.7      (b) A lease under this subdivision may: 
  8.8      (1) with the approval of the commissioner of 
  8.9   administration, prescribe a lease term length of up to 20 years, 
  8.10  with options for renewal; 
  8.11     (2) allow the lessee to operate a safety rest area facility 
  8.12  in whole or in part; 
  8.13     (3) allow the lessee to offer for sale products or services 
  8.14  that the commissioner deems appropriate for sale in a safety 
  8.15  rest area; and 
  8.16     (4) allow the lessee to add leasehold improvements to the 
  8.17  site after approval by the commissioner. 
  8.18     (c) A lease agreement for a safety rest area is subject to 
  8.19  section 160.28, subdivision 2, regarding vending at safety rest 
  8.20  areas. 
  8.21     (d) A lease agreement must include terms that promote and 
  8.22  encourage the employment of needy elderly persons according to 
  8.23  section 160.282. 
  8.24     (e) The commissioner may publicly acknowledge the lessee 
  8.25  and may erect signs adjacent to the main travel lanes of a 
  8.26  highway acknowledging the lessee. 
  8.27     Subd. 2.  [REVENUES DEPOSITED.] The commissioner shall 
  8.28  deposit revenues from leases authorized under this section into 
  8.29  the safety rest area account established in section 160.2745. 
  8.30     Subd. 3.  [APPLICATION TO OTHER LAW.] Nothing in this 
  8.31  section affects existing contracts under section 248.07 or their 
  8.32  renewal. 
  8.33     Sec. 10.  [160.2725] [SALES AT SAFETY REST AREAS.] 
  8.34     Subdivision 1.  [SALES AUTHORIZED.] Notwithstanding section 
  8.35  160.08, the commissioner may sell travel and tourism-related 
  8.36  publications and maps, travel and tourism-related merchandise, 
  9.1   and services.  The commissioner may rent or sell items for the 
  9.2   convenience of persons using safety rest areas, including 
  9.3   lottery tickets, local attraction tickets, and permits and 
  9.4   licenses issued by units of government.  Notwithstanding section 
  9.5   16A.1285, the commissioner of transportation may collect a 
  9.6   service fee for the sale of lottery tickets, local attraction 
  9.7   tickets, and permits and licenses. 
  9.8      Merchandise that competes with vending machine sales 
  9.9   authorized under section 160.28, subdivision 2, is subject to 
  9.10  the provisions of subdivision 5. 
  9.11     Subd. 2.  [ADVERTISING.] The commissioner may advertise the 
  9.12  availability of a program or item offered under this section. 
  9.13     Subd. 3.  [SOFTWARE SALES.] Notwithstanding section 16B.405 
  9.14  or 160.08, the commissioner may sell or license intellectual 
  9.15  property and software products or services developed by a 
  9.16  government unit or custom-developed by a vendor for a government 
  9.17  unit. 
  9.18     Subd. 4.  [REVENUES DEPOSITED.] Money received by the 
  9.19  commissioner under this section must be deposited in the safety 
  9.20  rest area account established in section 160.2745. 
  9.21     Subd. 5.  [COMPETING MERCHANDISE.] The commissioner and the 
  9.22  designated state licensing agency authorized under United States 
  9.23  Code, title 20, sections 107 to 107e, shall enter into an 
  9.24  interagency agreement before rest areas are leased or before 
  9.25  nonvending machine sales occur at rest areas.  The interagency 
  9.26  agreement must identify what constitutes competing merchandise 
  9.27  and establish policies and procedures related to the sale of 
  9.28  competing merchandise at rest areas. 
  9.29     Sec. 11.  [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 
  9.30     Subdivision 1.  [SPONSORSHIP PROGRAM.] The commissioner may 
  9.31  enter into agreements for public or private sponsorship of 
  9.32  highway safety rest areas by transportation and tourism-related 
  9.33  entities.  The commissioner may publicly acknowledge sponsors 
  9.34  and may erect signs adjacent to the main travel lanes of a 
  9.35  highway acknowledging the sponsors. 
  9.36     Subd. 2.  [REVENUE.] The commissioner shall deposit revenue 
 10.1   from the sponsorship program to the safety rest area account 
 10.2   established in section 160.2745. 
 10.3      Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 10.4   action under this section that would result in the loss of 
 10.5   federal highway funds or require the payment of highway funds to 
 10.6   the federal government. 
 10.7      Sec. 12.  [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 
 10.8      Subdivision 1.  [EXCEPTION.] Notwithstanding section 
 10.9   161.44, subdivisions 2 to 4, the commissioner is not required to 
 10.10  offer to reconvey land no longer needed for safety rest area 
 10.11  purposes if the land was acquired by the commissioner at least 
 10.12  ten years before the commissioner sells the land. 
 10.13     Subd. 2.  [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 
 10.14  from the sale of real estate and buildings under this section 
 10.15  must be paid into the safety rest area account established in 
 10.16  section 160.2745 and are appropriated to the commissioner (1) 
 10.17  for the actual cost of selling the real estate or buildings, (2) 
 10.18  for the fees required to be paid under sections 161.23 and 
 10.19  161.44, and (3) as provided in section 160.2745. 
 10.20     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 10.21  action under this section that would result in the loss of 
 10.22  federal highway funds or require the payment of highway funds to 
 10.23  the federal government. 
 10.24     Sec. 13.  [160.2745] [SAFETY REST AREA ACCOUNT.] 
 10.25     Subdivision 1.  [ACCOUNT ESTABLISHED.] A safety rest area 
 10.26  account is established in the trunk highway fund.  Funds in the 
 10.27  account are available until expended. 
 10.28     Subd. 2.  [DEPOSITS.] The commissioner shall deposit in the 
 10.29  safety rest area account revenue received from leasing or 
 10.30  sponsoring safety rest areas, advertising at safety rest areas, 
 10.31  selling safety rest area property and lands, and other revenue 
 10.32  generated with respect to safety rest areas. 
 10.33     Subd. 3.  [EXPENDITURES.] Money in the account is 
 10.34  appropriated to the commissioner.  The commissioner may spend 
 10.35  proceeds of the account for safety rest areas, including program 
 10.36  administration, maintenance and operations, development and 
 11.1   improvements, and services to customers.  
 11.2      Sec. 14.  Minnesota Statutes 2002, section 160.276, is 
 11.3   amended to read: 
 11.4      160.276 [TRAVEL INFORMATION ~~FRANCHISE~~ ADVERTISING PROGRAM.] 
 11.5      Subdivision 1.  [~~ESTABLISHED~~ LEASING ADVERTISING SPACE.] 
 11.6   The commissioner of transportation ~~shall establish a franchise~~ 
 11.7   ~~program to~~ may lease advertising space within ~~tourist~~ travel 
 11.8   information centers and safety rest areas for the purpose of 
 11.9   providing information to travelers through travel-related 
 11.10  commercial and public service advertising.  
 11.11     ~~Subd. 2.  [INITIAL PHASE.] The program may, in its initial~~ 
 11.12  ~~phase, utilize space within existing publicly owned buildings~~ 
 11.13  ~~and shelters in safety rest areas and tourist information~~ 
 11.14  ~~centers.  This phase shall be operational by May 1, 1981.~~  
 11.15  ~~Franchises for this phase shall be ready to let by January 1,~~ 
 11.16  ~~1981.~~  
 11.17     Subd. 3.  [INFORMATION FACILITIES.] The ~~program~~ 
 11.18  commissioner may ~~also include franchises for the construction,~~ 
 11.19  ~~operation and maintenance of~~ contract to permit a vendor to 
 11.20  construct, operate, and maintain additional information 
 11.21  structures by and at the expense of the ~~franchisee~~ vendor on 
 11.22  state-owned lands within safety rest areas or ~~tourist~~ travel 
 11.23  information center areas.  All structures constructed by 
 11.24  the ~~franchisee shall~~ vendor must meet or exceed specifications 
 11.25  prescribed by the commissioner of transportation and ~~shall~~ must 
 11.26  satisfy the requirements of the State Building Code for 
 11.27  accessibility by the physically handicapped.  The vendor shall 
 11.28  design all structures ~~shall be designed~~ to enhance ~~their~~ the 
 11.29  site and ~~shall be aesthetically compatible~~ surroundings in a 
 11.30  manner harmonious with the natural environment as determined by 
 11.31  the commissioner.  
 11.32     Subd. 4.  [SITES; ADVERTISING.] The commissioner shall 
 11.33  determine the sites to be included in this program and shall 
 11.34  also determine ~~if the advertising display at each site is to be~~ 
 11.35  ~~inside or outside of any buildings or shelters~~ the extent and 
 11.36  location of space available for advertising in each facility.  
 12.1      Subd. 5.  [OFFICE OF TOURISM.] The commissioner shall 
 12.2   provide space free of charge to the Office of Tourism for travel 
 12.3   information centers.  The commissioner shall not charge the 
 12.4   Office of Tourism for any regular expenses associated with the 
 12.5   operation of the travel information centers.  The commissioner 
 12.6   shall provide highway maps free of charge for use and 
 12.7   distribution through the travel information centers.  
 12.8      Sec. 15.  Minnesota Statutes 2002, section 160.277, is 
 12.9   amended to read: 
 12.10     160.277 [COMMISSIONER TO GRANT FRANCHISES.] 
 12.11     Subdivision 1.  [PROCEDURE; AGREEMENT.] The commissioner of 
 12.12  transportation, by public negotiation or bid, shall ~~grant~~ 
 12.13  ~~franchises~~ enter into agreements for the purposes of section 
 12.14  160.276.  ~~Each franchise agreement shall include the safety rest~~ 
 12.15  ~~areas and tourist information centers in a geographical area~~ 
 12.16  ~~comprising approximately one-quarter of the land area of the~~ 
 12.17  ~~state.  The franchise agreement shall insure that the franchisee~~ 
 12.18  ~~provide services throughout the area in as many tourist~~ 
 12.19  ~~information centers and safety rest areas as are reasonably~~ 
 12.20  ~~necessary for the convenience of travelers.~~  
 12.21     Subd. 2.  [INSURANCE.] The commissioner ~~of transportation~~ 
 12.22  shall require the ~~franchisee~~ vendor to obtain liability 
 12.23  insurance in an amount prescribed by the commissioner jointly 
 12.24  insuring the state and the ~~franchisee~~ vendor against any and all 
 12.25  liability for claims for damage occurring wholly or partly 
 12.26  because of the existence of the ~~franchise~~ vendor contract.  
 12.27     Subd. 3.  [REVENUE.] The ~~franchise~~ agreement may provide 
 12.28  that the vendor pay a ~~percentage~~ portion of the gross revenues 
 12.29  derived from advertising ~~shall~~.  These revenues must be paid to 
 12.30  the state for deposit in the ~~trunk highway fund~~ safety rest area 
 12.31  account established in section 160.2745.  The commissioner of 
 12.32  transportation and director of the Office of Tourism may enter 
 12.33  into an interagency agreement to define the distribution of the 
 12.34  revenues generated in this section. 
 12.35     Sec. 16.  Minnesota Statutes 2002, section 160.278, is 
 12.36  amended to read: 
 13.1      160.278 [ADDITIONAL FRANCHISE PROVISIONS.] 
 13.2      Subdivision 1.  [AGREEMENT REQUIREMENTS.] Each ~~franchise~~ 
 13.3   vendor agreement ~~shall~~ must contain the following provisions:  
 13.4      ~~(a)~~ (1) that the ~~franchisee~~ vendor shall comply with Code 
 13.5   of Federal Regulations, title 23, section ~~252~~ 752 and subsequent 
 13.6   revisions pertaining to privately operated information systems; 
 13.7      ~~(b)~~ (2) that at least 40 percent of the commercial 
 13.8   advertising space ~~shall~~ must be offered initially for a 
 13.9   reasonable period of time to local advertisers who provide 
 13.10  services for travelers within a 60-mile radius of the safety 
 13.11  rest area or ~~tourist~~ travel information center; 
 13.12     ~~(c)~~ (3) that the ~~franchisees~~ vendor shall make appropriate 
 13.13  marketing efforts in an attempt to lease at least 40 percent of 
 13.14  the commercial advertising space to local advertisers; ~~and~~ 
 13.15     ~~(d)~~ (4) reasonable performance standards, and maintenance 
 13.16  standards for structures constructed by the ~~franchisee.~~ vendor; 
 13.17  and 
 13.18     ~~Subd. 2.  [ADVERTISING SPACE LIMITATIONS.] The franchise~~ 
 13.19  ~~agreement shall impose~~ (5) limitations on advertising space 
 13.20  within state-owned buildings or on state-owned property in 
 13.21  safety rest areas and ~~tourist~~ travel information centers.  
 13.22     Subd. 3.  [REASONABLE TERMS AND CONDITIONS.] The 
 13.23  commissioner of transportation may require additional reasonable 
 13.24  terms and conditions to be included in the ~~franchise~~ vendor 
 13.25  agreement, including but not limited to~~,~~ provisions governing 
 13.26  the renewal and termination of the agreement~~,~~ and, in the event 
 13.27  of termination, the rights of the state and the ~~franchisee~~ 
 13.28  vendor in advertising contracts and in buildings constructed by 
 13.29  the ~~franchisee~~ vendor. 
 13.30     Sec. 17.  Minnesota Statutes 2002, section 160.28, is 
 13.31  amended to read: 
 13.32     160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 
 13.33     Subdivision 1.  [SAFETY REST AREAS; ~~TOURIST~~ TRAVEL 
 13.34  INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 
 13.35  contrary notwithstanding, the commissioner of transportation ~~is~~ 
 13.36  ~~hereby authorized to cause to be prepared~~ may have plans ~~and~~, 
 14.1   specifications, and detailed designs prepared for the 
 14.2   construction of buildings and facilities for highway safety rest 
 14.3   areas, ~~tourist~~ travel information centers in combination with 
 14.4   rest areas, and weigh stations when the commissioner deems these 
 14.5   buildings and facilities to be necessary in the interest of 
 14.6   safety and convenient public travel on highways. 
 14.7      Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
 14.8   notwithstanding, the commissioner may contract for or authorize 
 14.9   the placement of vending machines dispensing food, nonalcoholic 
 14.10  beverages, ~~or~~ milk, or other items the commissioner deems 
 14.11  appropriate and desirable in highway safety rest areas, ~~tourist~~ 
 14.12  travel information centers, and weigh stations on marked 
 14.13  interstate highways and primary trunk highways.  The 
 14.14  commissioner shall only place vending machines operated under 
 14.15  United States Code, title 20, sections 107 to 107e and as 
 14.16  provided in section 248.07. 
 14.17     Sec. 18.  Minnesota Statutes 2002, section 160.84, 
 14.18  subdivision 9, is amended to read: 
 14.19     Subd. 9.  [TOLL FACILITY.] "Toll facility" means a bridge, 
 14.20  causeway, or tunnel, and its approaches; a road, street, or 
 14.21  highway or lane thereon; an appurtenant building, structure, or 
 14.22  other improvement; land lying within applicable rights-of-way; 
 14.23  and other appurtenant rights or hereditaments that together 
 14.24  comprise a project for which a road authority or private 
 14.25  operator is authorized to develop, finance, design, operate, and 
 14.26  impose tolls under sections 160.84 to 160.92. 
 14.27     Sec. 19.  Minnesota Statutes 2002, section 160.85, 
 14.28  subdivision 1, is amended to read: 
 14.29     Subdivision 1.  [ROAD AUTHORITY.] A road authority may 
 14.30  solicit or accept proposals from and enter into development 
 14.31  agreements with counties or private operators for developing, 
 14.32  financing, designing, constructing, improving, rehabilitating, 
 14.33  owning, and operating toll facilities wholly or partly within 
 14.34  the road authority's jurisdiction.  A road authority may solicit 
 14.35  proposals from private operators only after the county in which 
 14.36  the proposed toll facilities will be located has refused to 
 15.1   submit a proposal.  If a road authority solicits toll facility 
 15.2   proposals, it must publish a notice of solicitation in the State 
 15.3   Register. 
 15.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.5   following final enactment. 
 15.6      Sec. 20.  Minnesota Statutes 2002, section 160.85, 
 15.7   subdivision 3, is amended to read: 
 15.8      Subd. 3.  [APPROVAL.] No road authority and private 
 15.9   operator may execute a development agreement without the 
 15.10  approval of the final agreement by the commissioner.  A road 
 15.11  authority and private operator in the metropolitan area must 
 15.12  obtain the approvals required in sections 161.162 to 161.167 and 
 15.13  473.166.  ~~Except as otherwise provided in sections 161.162 to~~ 
 15.14  ~~161.167,~~ The governing body of a county or municipality through 
 15.15  which a facility passes may veto the project within 30 days of 
 15.16  approval by the commissioner. 
 15.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.18  following final enactment. 
 15.19     Sec. 21.  Minnesota Statutes 2002, section 160.85, 
 15.20  subdivision 3a, is amended to read: 
 15.21     Subd. 3a.  [INFORMATION MEETING.] Before approving or 
 15.22  denying a development agreement, the commissioner shall hold a 
 15.23  public information meeting in any municipality or county in 
 15.24  which any portion of the proposed toll facility runs.  The 
 15.25  commissioner shall determine the time and place of the 
 15.26  information meeting.  The commissioner shall make the proposed 
 15.27  development agreement available for public review at the meeting 
 15.28  and for a reasonable period of time before the meeting. 
 15.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.30  following final enactment. 
 15.31     Sec. 22.  Minnesota Statutes 2002, section 160.85, 
 15.32  subdivision 5, is amended to read: 
 15.33     Subd. 5.  [RIGHT-OF-WAY ACQUISITION.] A private operator 
 15.34  may acquire right-of-way by ~~donation,~~ lease~~,~~ or purchase.  A 
 15.35  road authority may acquire right-of-way by donation, purchase, 
 15.36  or eminent domain and may ~~donate,~~ sell~~,~~ or lease a right-of-way 
 16.1   to a private operator for fair value. 
 16.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 16.3   following final enactment. 
 16.4      Sec. 23.  [160.851] [TOLL FACILITIES PLAN.] 
 16.5      Subdivision 1.  [PLAN REQUIRED.] By June 30, 2005, the 
 16.6   commissioner shall adopt a draft toll facilities plan to cover a 
 16.7   20-year period.  The plan must ensure that when toll facilities 
 16.8   are authorized they will be consistent with regional 
 16.9   transportation plans, be coordinated with other highway and 
 16.10  transportation improvements, and will be constructed only to 
 16.11  meet transportation needs that cannot reasonably be met in any 
 16.12  other way.  The plan must include (1) all toll facilities that 
 16.13  have been identified in responses received by the commissioner 
 16.14  to a request for project proposals for toll facility 
 16.15  development, and (2) all toll facilities that the commissioner 
 16.16  determines are under active consideration for development 
 16.17  agreements by local road authorities.  Neither the commissioner 
 16.18  nor a local road authority may enter into a development 
 16.19  agreement under section 160.86 until the initial plan has been 
 16.20  completed and approvals obtained under subdivision 4. 
 16.21     Subd. 2.  [COST-BENEFIT ANALYSIS.] The plan must require 
 16.22  that before a development agreement may be signed for a toll 
 16.23  facility project the road authority must perform an analysis of 
 16.24  the project that compares (1) the total cost of the project to 
 16.25  its developer and users, and the benefits of the toll facility 
 16.26  to its users and users of other highways, to (2) the total costs 
 16.27  that the road authority would incur if it were to construct the 
 16.28  project itself and operate it without toll, and the benefits of 
 16.29  the nontoll facility to its users and users of other highways.  
 16.30  The analysis must include a projection, developed by an 
 16.31  independent source, of vehicle use and rider use. 
 16.32     Subd. 3.  [TRANSIT AND HIGH-OCCUPANCY VEHICLE 
 16.33  ADVANTAGES.] The plan must require that each development 
 16.34  agreement made by the commissioner must provide significant 
 16.35  advantages, benefits, or preferences to public transit and other 
 16.36  high-occupancy vehicles. 
 17.1      Subd. 4.  [APPROVAL OF PLAN.] The draft toll facilities 
 17.2   plan must be approved by the metropolitan planning organization 
 17.3   in each metropolitan area in which the plan shows a toll 
 17.4   facility may potentially be located.  The commissioner shall 
 17.5   submit the draft plan to each such metropolitan planning 
 17.6   organization by July 15, 2005.  Failure by a metropolitan 
 17.7   planning organization to act on the draft plan by December 31, 
 17.8   2005, constitutes approval.  The plan is not effective until all 
 17.9   approvals required under this subdivision have been secured. 
 17.10     Subd. 5.  [OPERATIONAL ASPECTS OF PLAN.] The toll 
 17.11  facilities plan must not only specify locations of potential 
 17.12  facilities but also provide for operational aspects of toll 
 17.13  facilities, including: 
 17.14     (1) design standards for toll facilities that are unique to 
 17.15  those facilities; 
 17.16     (2) methods of toll collection; 
 17.17     (3) determination of tolls; 
 17.18     (4) maintenance of and law enforcement on toll facilities; 
 17.19  and 
 17.20     (5) standards to be met before toll facilities are 
 17.21  transferred to a road authority. 
 17.22     Sec. 24.  Minnesota Statutes 2002, section 160.86, is 
 17.23  amended to read: 
 17.24     160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 
 17.25     Subdivision 1.  [REQUIRED PROVISIONS.] A development 
 17.26  agreement must include the following provisions: 
 17.27     (a) The toll facility must meet the road authority's 
 17.28  standards of design and construction for roads and bridges of 
 17.29  the same functional classification. 
 17.30     (b) The commissioner must review and approve the location 
 17.31  and design of a bridge over navigable waters as if the bridge 
 17.32  were constructed by a road authority.  This requirement does not 
 17.33  diminish the private operator's responsibility for bridge safety.
 17.34     (c) The private operator shall manage and operate the toll 
 17.35  facility in cooperation with the road authority and subject to 
 17.36  the development agreement. 
 18.1      (d) The toll facility is subject to regular inspections by 
 18.2   the road authority and the commissioner. 
 18.3      (e) The agreement must provide the terms and conditions of 
 18.4   maintenance, snow removal, and police services to the toll 
 18.5   facility.  The road authority must provide the services.  The 
 18.6   services must meet at least the road authority's standards for 
 18.7   facilities of the same functional classification. 
 18.8      (f) The agreement must establish a reasonable rate of 
 18.9   return on investment and capital during the term of the 
 18.10  agreement. 
 18.11     Subd. 2.  [PROHIBITED PROVISIONS.] (a) A development 
 18.12  agreement may not include a noncompete clause or any provision 
 18.13  that would restrict the construction, improvement, or 
 18.14  maintenance of a highway, or restrict the development, design, 
 18.15  construction, or operation of public transit facilities or 
 18.16  service, including commuter rail lines. 
 18.17     (b) The road authority may not allow the private operator 
 18.18  to acquire or use the right-of-way unless the operator gives 
 18.19  fair value for the interest in the property. 
 18.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 18.21  following final enactment. 
 18.22     Sec. 25.  [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 
 18.23  REQUIREMENTS.] 
 18.24     Subdivision 1.  [INCLUSION IN STATEWIDE TRANSPORTATION 
 18.25  IMPROVEMENT PROGRAM.] The commissioner of transportation may not 
 18.26  make a development agreement for a toll facility unless the 
 18.27  facility is included in the commissioner's statewide 
 18.28  transportation improvement program for the federal fiscal year 
 18.29  in which construction of the facility would begin. 
 18.30     Subd. 2.  [BUDGET SUBMISSION.] In each biennial budget 
 18.31  document for the Department of Transportation submitted to the 
 18.32  legislature, the commissioner shall include a description of 
 18.33  each toll facility developed under a development agreement 
 18.34  between the commissioner and a private operator that the 
 18.35  commissioner determines is likely to have construction begun in 
 18.36  that biennium.  The description must include the design and 
 19.1   location of each such facility.  If a development agreement has 
 19.2   been signed for the facility, the description must summarize the 
 19.3   major points of the agreement.  If no development agreement has 
 19.4   been signed, the description must summarize the major points of 
 19.5   all project proposals that have been received for the project. 
 19.6      Sec. 26.  Minnesota Statutes 2002, section 160.88, is 
 19.7   amended to read: 
 19.8      160.88 [PUBLIC TOLL FACILITIES.] 
 19.9      Subject to the provisions of sections 161.162 to 161.167 
 19.10  and 473.166, a road authority may develop, finance, design, 
 19.11  construct, improve, rehabilitate, own, and operate a toll 
 19.12  facility. 
 19.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 19.14  following final enactment. 
 19.15     Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 19.16  160.93, is amended by adding a subdivision to read: 
 19.17     Subd. 1a.  [HYBRID AND INHERENTLY LOW EMISSION 
 19.18  VEHICLES.] The commissioner may not charge a user fee to an 
 19.19  owner or operator of a single-occupant hybrid vehicle or a 
 19.20  single-occupant inherently low emission vehicle that uses 
 19.21  designated high-occupancy vehicle lanes for which user fees 
 19.22  would otherwise be charged under subdivision 1 if the vehicle 
 19.23  displays a decal or identifier issued for that vehicle pursuant 
 19.24  to section 168.096. 
 19.25     Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 19.26  160.93, subdivision 4, is amended to read: 
 19.27     Subd. 4.  [PROHIBITION.] No person may operate a 
 19.28  single-occupant vehicle in a designated high-occupancy vehicle 
 19.29  lane except in compliance with the requirements of the 
 19.30  commissioner and the requirements of law.  Except as otherwise 
 19.31  provided, a person who violates this subdivision is guilty of a 
 19.32  petty misdemeanor and is subject to sections 169.89, 
 19.33  subdivisions 1, 2, and 4, and 169.891 and any other provision of 
 19.34  chapter 169 applicable to the commission of a petty misdemeanor 
 19.35  traffic offense. 
 19.36     Sec. 29.  [160.94] [TOLLS APPLICABLE TO HYBRID AND 
 20.1   INHERENTLY LOW EMISSION VEHICLES.] 
 20.2      A road authority or private operator that operates a toll 
 20.3   facility must exempt hybrid and inherently low emission vehicles 
 20.4   from toll charges. 
 20.5      Sec. 30.  Minnesota Statutes 2002, section 161.162, 
 20.6   subdivision 2, is amended to read: 
 20.7      Subd. 2.  [FINAL LAYOUT.] (a) "Final layout" means 
 20.8   geometric layouts and supplemental drawings that show the 
 20.9   location, character, dimensions, access, and explanatory 
 20.10  information about the highway construction or improvement work 
 20.11  being proposed.  "Final layout" includes, where applicable, 
 20.12  traffic lanes, shoulders, trails, intersections, signals, 
 20.13  bridges, approximate right-of-way limits, existing ground line 
 20.14  and proposed grade line of the highway, turn lanes, access 
 20.15  points and closures, sidewalks, proposed design speed, noise 
 20.16  walls, transit considerations, auxiliary lanes, interchange 
 20.17  locations, interchange types, sensitive areas, existing 
 20.18  right-of-way, traffic volume and turning movements, location of 
 20.19  stormwater drainage, location of municipal utilities, toll 
 20.20  facilities, project schedule and estimated cost, and the name of 
 20.21  the project manager. 
 20.22     (b) "Final layout" does not include a cost participation 
 20.23  agreement.  For purposes of this subdivision "cost participation 
 20.24  agreement" means a document signed by the commissioner and the 
 20.25  governing body of a municipality that states the costs of a 
 20.26  highway construction project that will be paid by the 
 20.27  municipality. 
 20.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 20.29  following final enactment. 
 20.30     Sec. 31.  Minnesota Statutes 2002, section 161.163, 
 20.31  subdivision 1, is amended to read: 
 20.32     Subdivision 1.  [PROJECTS REQUIRING REVIEW.] Sections 
 20.33  161.162 to 161.167 apply only to projects that alter access, 
 20.34  increase or reduce highway traffic capacity, establish or modify 
 20.35  toll facilities, or require acquisition of permanent 
 20.36  rights-of-way. 
 21.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 21.2   following final enactment. 
 21.3      Sec. 32.  Minnesota Statutes 2002, section 161.164, 
 21.4   subdivision 2, is amended to read: 
 21.5      Subd. 2.  [GOVERNING BODY ACTION.] (a) Within 15 days of 
 21.6   receiving a final layout from the commissioner, the governing 
 21.7   body shall schedule a public hearing on the final layout.  The 
 21.8   governing body shall, within 60 days of receiving a final layout 
 21.9   from the commissioner, conduct a public hearing at which the 
 21.10  Department of Transportation shall present the final layout for 
 21.11  the project.  The governing body shall give at least 30 days' 
 21.12  notice of the public hearing.  
 21.13     (b) Within 90 days from the date of the public hearing, the 
 21.14  governing body shall approve or disapprove the final layout in 
 21.15  writing, as follows: 
 21.16     (1) If the governing body approves the final layout or does 
 21.17  not disapprove the final layout in writing within 90 days, in 
 21.18  which case the final layout is deemed to be approved, the 
 21.19  commissioner may continue the project development. 
 21.20     (2) If the final construction plans contain changes in 
 21.21  access, traffic capacity, toll facilities, or acquisition of 
 21.22  permanent right-of-way from the final layout approved by the 
 21.23  governing body, the commissioner shall resubmit the portion of 
 21.24  the final construction plans where changes were made to the 
 21.25  governing body. The governing body must approve or disapprove 
 21.26  the changes, in writing, within 60 days from the date the 
 21.27  commissioner submits them. 
 21.28     (3) If the governing body disapproves the final layout, the 
 21.29  commissioner may make modifications requested by the 
 21.30  municipality, decide not to proceed with the project, or refer 
 21.31  the final layout to an appeal board.  The appeal board shall 
 21.32  consist of one member appointed by the commissioner, one member 
 21.33  appointed by the governing body, and a third member agreed upon 
 21.34  by both the commissioner and the governing body.  If the 
 21.35  commissioner and the governing body cannot agree upon the third 
 21.36  member, the chief justice of the Supreme Court shall appoint a 
 22.1   third member within 14 days of the request of the commissioner 
 22.2   to appoint the third member.  
 22.3      Sec. 33.  Minnesota Statutes 2002, section 161.165, 
 22.4   subdivision 2, is amended to read: 
 22.5      Subd. 2.  [ACTION ON APPROVED FINAL LAYOUT.] (a) If the 
 22.6   appeal board recommends approval of the final layout or does not 
 22.7   submit its findings and recommendations within 60 days of the 
 22.8   hearing, in which case the final layout is deemed approved, the 
 22.9   commissioner may prepare substantially similar final 
 22.10  construction plans and proceed with the project.  
 22.11     (b) If the final construction plans change access, traffic 
 22.12  capacity, toll facilities, or acquisition of permanent 
 22.13  right-of-way from the final layout approved by the appeal board, 
 22.14  the commissioner shall submit the portion of the final 
 22.15  construction plans that shows the changes, to the governing body 
 22.16  for its approval or disapproval under section 161.164, 
 22.17  subdivision 2. 
 22.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 22.19  following final enactment. 
 22.20     Sec. 34.  Minnesota Statutes 2002, section 161.165, 
 22.21  subdivision 3, is amended to read: 
 22.22     Subd. 3.  [ACTION ON FINAL LAYOUT APPROVED WITH CHANGES.] 
 22.23  (a) If, within 60 days, the appeal board recommends approval of 
 22.24  the final layout with modifications, the commissioner may: 
 22.25     (1) prepare final construction plans with the recommended 
 22.26  modifications, notify the governing body, and proceed with the 
 22.27  project; 
 22.28     (2) decide not to proceed with the project; or 
 22.29     (3) prepare final construction plans substantially similar 
 22.30  to the final layout referred to the appeal board, and proceed 
 22.31  with the project.  The commissioner shall, before proceeding 
 22.32  with the project, file a written report with the governing body 
 22.33  and the appeal board stating fully the reasons for doing so. 
 22.34     (b) If the final construction plans contain changes in 
 22.35  access ~~or~~, traffic capacity, or toll facilities, or require 
 22.36  additional acquisition of permanent right-of-way from the final 
 23.1   layout reviewed by the appeal board or the governing body, the 
 23.2   commissioner shall resubmit the portion of the final 
 23.3   construction plans that shows the changes, to the governing body 
 23.4   for its approval or disapproval under section 161.164, 
 23.5   subdivision 2. 
 23.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 23.7   following final enactment. 
 23.8      Sec. 35.  Minnesota Statutes 2002, section 161.165, 
 23.9   subdivision 4, is amended to read: 
 23.10     Subd. 4.  [ACTION ON DISAPPROVED FINAL LAYOUT.] (a) If, 
 23.11  within 60 days, the appeal board recommends disapproval of the 
 23.12  final layout, the commissioner may either: 
 23.13     (1) decide not to proceed with the project; or 
 23.14     (2) prepare final construction plans substantially similar 
 23.15  to the final layout referred to the appeal board, notify the 
 23.16  governing body and the appeal board, and proceed with the 
 23.17  project.  Before proceeding with the project, the commissioner 
 23.18  shall file a written report with the governing body and the 
 23.19  appeal board stating fully the reasons for doing so. 
 23.20     (b) If the final construction plans contain changes in 
 23.21  access ~~or~~, traffic capacity, or toll facilities, or require 
 23.22  additional acquisition of permanent right-of-way from the final 
 23.23  layout reviewed by the appeal board or the governing body, the 
 23.24  commissioner shall resubmit the portion of the final 
 23.25  construction plans that shows the changes, to the governing body 
 23.26  for its approval or disapproval under section 161.164, 
 23.27  subdivision 2. 
 23.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 23.29  following final enactment. 
 23.30     Sec. 36.  Minnesota Statutes 2002, section 161.166, 
 23.31  subdivision 2, is amended to read: 
 23.32     Subd. 2.  [ACTION ON APPROVED FINAL LAYOUT.] If the appeal 
 23.33  board recommends approval of the final layout or does not submit 
 23.34  its findings or recommendations within 60 days of the hearing, 
 23.35  in which case the the final layout is deemed approved, the 
 23.36  commissioner may prepare substantially similar final 
 24.1   construction plans and proceed with the project.  If the final 
 24.2   construction plans change access ~~or~~, traffic capacity, or toll 
 24.3   facilities, or require additional acquisition of right-of-way 
 24.4   from the final layout approved by the appeal board, the 
 24.5   commissioner shall submit the portion of the final construction 
 24.6   plan that shows the changes, to the governing body for its 
 24.7   approval or disapproval under section 161.164, subdivision 2. 
 24.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 24.9   following final enactment. 
 24.10     Sec. 37.  Minnesota Statutes 2002, section 161.166, 
 24.11  subdivision 3, is amended to read: 
 24.12     Subd. 3.  [ACTION ON FINAL LAYOUT APPROVED WITH CHANGES.] 
 24.13  (a) If the appeal board approves the final layout with 
 24.14  modifications, the commissioner may: 
 24.15     (1) prepare final construction plans including the 
 24.16  modifications, notify the governing body, and proceed with the 
 24.17  project; 
 24.18     (2) decide not to proceed with the project; or 
 24.19     (3) prepare a new final layout and resubmit it to the 
 24.20  governing body for approval or disapproval under section 
 24.21  161.164, subdivision 2. 
 24.22     (b) If the final construction plans contain changes in 
 24.23  access ~~or~~, traffic capacity, or toll facilities, or require 
 24.24  additional acquisition of permanent right-of-way from the final 
 24.25  layout reviewed by the appeal board or the governing body, the 
 24.26  commissioner shall resubmit the portion of the final 
 24.27  construction plans that shows the changes, to the governing body 
 24.28  for its approval or disapproval under section 161.164, 
 24.29  subdivision 2. 
 24.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 24.31  following final enactment. 
 24.32     Sec. 38.  Minnesota Statutes 2002, section 161.23, 
 24.33  subdivision 3, is amended to read: 
 24.34     Subd. 3.  [LEASING.] The commissioner may lease for the 
 24.35  term between the acquisition and sale thereof and for a fair 
 24.36  rental rate and upon such terms and conditions as the 
 25.1   commissioner deems proper, any excess real estate acquired under 
 25.2   this section, and any real estate acquired in fee for trunk 
 25.3   highway purposes and not presently needed for those purposes.  
 25.4   All rents received from the leases must be paid into the state 
 25.5   treasury.  Seventy percent of the rents must be credited to the 
 25.6   trunk highway fund.  The remaining 30 percent must be paid to 
 25.7   the county treasurer where the real estate is located, and 
 25.8   distributed in the same manner as real estate taxes.  This 
 25.9   subdivision does not apply to real estate leased for the purpose 
 25.10  of providing commercial and public service advertising pursuant 
 25.11  to ~~franchise~~ agreements as provided in sections ~~160.276~~ 160.272 
 25.12  to 160.278 or to fees collected under section 174.70, 
 25.13  subdivision 2. 
 25.14     Sec. 39.  Minnesota Statutes 2002, section 161.433, 
 25.15  subdivision 2, is amended to read: 
 25.16     Subd. 2.  [CONSIDERATION FOR USE.] The consideration paid 
 25.17  for the use of airspace or subsurface areas shall be determined 
 25.18  by the commissioner, but in no event shall it be less than a 
 25.19  fair rental rate, and shall include costs for the erection and 
 25.20  maintenance of any facilities or other costs occasioned by that 
 25.21  use.  All moneys received shall be paid into the trunk highway 
 25.22  fund.  This subdivision does not apply to real estate leased for 
 25.23  the purpose of providing commercial and public service 
 25.24  advertising pursuant to ~~franchise~~ agreements as provided in 
 25.25  sections ~~160.276~~ 160.272 to 160.278.  
 25.26     Sec. 40.  Minnesota Statutes 2002, section 161.434, is 
 25.27  amended to read: 
 25.28     161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 
 25.29  LIMITED USE.] 
 25.30     The commissioner may also make such arrangements and 
 25.31  agreements as the commissioner deems necessary in the public 
 25.32  interest for the limited use of land owned as interstate or 
 25.33  trunk highway right-of-way, which use shall be for highway 
 25.34  purposes, including aesthetic purposes, but not including the 
 25.35  erection of permanent buildings, except buildings or structures 
 25.36  erected for the purpose of providing information to travelers 
 26.1   through commercial and public service advertising pursuant to 
 26.2   ~~franchise~~ agreements as provided in sections ~~160.276~~ 160.272 to 
 26.3   160.278.  The commissioner shall secure the approval of the 
 26.4   appropriate federal agency where such approval is required. 
 26.5      Sec. 41.  Minnesota Statutes 2002, section 162.021, 
 26.6   subdivision 5, is amended to read: 
 26.7      Subd. 5.  [DESIGNATION.] ~~(a)~~ The commissioner may designate 
 26.8   a county state-aid highway as a natural preservation route only 
 26.9   on petition of the county board of the county having 
 26.10  jurisdiction over the road.  Within 60 days after a county board 
 26.11  receives a written request to designate a county state-aid 
 26.12  highway as a natural preservation route, the county board shall 
 26.13  act on the request. 
 26.14     ~~(b) The commissioner shall appoint an advisory committee~~ 
 26.15  ~~for each construction district consisting of seven members:  one~~ 
 26.16  ~~member of the Department of Natural Resources, one county~~ 
 26.17  ~~commissioner, one county highway engineer, one representative of~~ 
 26.18  ~~a recognized environmental organization, and three members of~~ 
 26.19  ~~the public.  The commissioner shall refer each petition received~~ 
 26.20  ~~under this subdivision to the appropriate advisory committee.~~  
 26.21  ~~The advisory committee shall consider the petition for~~ 
 26.22  ~~designation and make a recommendation to the commissioner.~~  
 26.23  ~~Following receipt of the committee's recommendation, the~~ 
 26.24  ~~commissioner may designate the highway as a natural preservation~~ 
 26.25  ~~route.~~ 
 26.26     Sec. 42.  Minnesota Statutes 2002, section 164.08, 
 26.27  subdivision 2, is amended to read: 
 26.28     Subd. 2.  [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon 
 26.29  petition presented to the town board by the owner of a tract of 
 26.30  land containing at least five acres, who has no access thereto 
 26.31  except over a navigable waterway or over the lands of others, or 
 26.32  whose access thereto is less than two rods in width, the town 
 26.33  board by resolution shall establish a cartway at least two rods 
 26.34  wide connecting the petitioner's land with a public road.  A 
 26.35  town board shall establish a cartway upon a petition of an owner 
 26.36  of a tract of land that, as of January 1, 1998, was on record as 
 27.1   a separate parcel, contained at least two but less than five 
 27.2   acres, and has no access thereto except over a navigable 
 27.3   waterway or over the lands of others.  The town board may select 
 27.4   an alternative route other than that petitioned for if the 
 27.5   alternative is deemed by the town board to be less disruptive 
 27.6   and damaging to the affected landowners and in the public's best 
 27.7   interest.  
 27.8      (b) In an unorganized territory, the board of county 
 27.9   commissioners of the county in which the tract is located shall 
 27.10  act as the town board.  The proceedings of the town board shall 
 27.11  be in accordance with section 164.07.  
 27.12     (c) The amount of damages shall be paid by the petitioner 
 27.13  to the town before such cartway is opened.  For the purposes of 
 27.14  this subdivision damages shall mean the compensation, if any, 
 27.15  awarded to the owner of the land upon which the cartway is 
 27.16  established together with the cost of professional and other 
 27.17  services, hearing costs, administrative costs, recording costs, 
 27.18  and other costs and expenses which the town may incur in 
 27.19  connection with the proceedings for the establishment of the 
 27.20  cartway.  The town board may by resolution require the 
 27.21  petitioner to post a bond or other security acceptable to the 
 27.22  board for the total estimated damages before the board takes 
 27.23  action on the petition. 
 27.24     (d) Town road and bridge funds shall not be expended on the 
 27.25  cartway unless the town board, or the county board acting as the 
 27.26  town board in the case of a cartway established in an 
 27.27  unorganized territory, by resolution determines that an 
 27.28  expenditure is in the public interest.  If no resolution is 
 27.29  adopted to that effect, the grading or other construction work 
 27.30  and the maintenance of the cartway is the responsibility of the 
 27.31  petitioner, subject to the provisions of section 164.10.  
 27.32     (e) After the cartway has been constructed the town board, 
 27.33  or the county board in the case of unorganized territory, may by 
 27.34  resolution designate the cartway as a private driveway with the 
 27.35  written consent of the affected landowner in which case from the 
 27.36  effective date of the resolution no town road and bridge funds 
 28.1   shall be expended for maintenance of the driveway; provided that 
 28.2   the cartway shall not be vacated without following the vacation 
 28.3   proceedings established under section 164.07. 
 28.4      Sec. 43.  Minnesota Statutes 2003 Supplement, section 
 28.5   168.013, subdivision 3, is amended to read: 
 28.6      Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
 28.7   WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
 28.8   gross weight shall state the unloaded weight of the motor 
 28.9   vehicle, trailer, or semitrailer and the maximum load the 
 28.10  applicant proposes to carry on it, the sum of which constitutes 
 28.11  the gross weight upon which the license tax must be paid.  
 28.12  However, the declared gross weight upon which the tax is paid 
 28.13  must not be less than 1-1/4 times the declared unloaded weight 
 28.14  of the motor vehicle, trailer, or semitrailer to be registered, 
 28.15  except recreational vehicles taxed under subdivision 1g, school 
 28.16  buses taxed under subdivision 18, and tow trucks or towing 
 28.17  vehicles defined in section 169.01, subdivision 52.  The gross 
 28.18  weight of a tow truck or towing vehicle is the actual weight of 
 28.19  the tow truck or towing vehicle fully equipped, but does not 
 28.20  include the weight of a wrecked or disabled vehicle towed or 
 28.21  drawn by the tow truck or towing vehicle. 
 28.22     (b) The gross weight of a motor vehicle, trailer, or 
 28.23  semitrailer must not exceed the gross weight upon which the 
 28.24  license tax has been paid by more than four percent or 1,000 
 28.25  pounds, whichever is greater; provided that, a vehicle 
 28.26  transporting unfinished forest products on a highway, other than 
 28.27  a highway that is part of the system of interstate and defense 
 28.28  highways, unless a federal exemption is granted, in accordance 
 28.29  with paragraph (d)(3): 
 28.30     (1) shall not exceed its gross vehicle weight upon which 
 28.31  the license tax has been paid, or gross axle weight on any axle, 
 28.32  by more than five percent and, notwithstanding other law to the 
 28.33  contrary, is not subject to any fee, fine, or other assessment 
 28.34  or penalty for exceeding a gross vehicle or axle weight by up to 
 28.35  five percent, except during winter weight increase periods; and 
 28.36     (2) between the dates set by the commissioner in accordance 
 29.1   with section 169.826, subdivision 1, is not subject to any 
 29.2   provision of paragraph (d) or chapter 169 limiting the gross 
 29.3   axle weight of any individual axle unless the entire vehicle 
 29.4   also exceeds its gross vehicle weight plus its weight allowance 
 29.5   allowed in clause (1) and plus any weight allowance permitted 
 29.6   under section 169.826, in which case the vehicle is subject to 
 29.7   all applicable penalties for excess weight violations. 
 29.8      (c) The gross weight of the motor vehicle, trailer, or 
 29.9   semitrailer for which the license tax is paid must be indicated 
 29.10  by a distinctive character on the license plate or plates except 
 29.11  as provided in subdivision 12 and the plate or plates must be 
 29.12  kept clean and clearly visible at all times. 
 29.13     (d) The owner, driver, or user of a motor vehicle, trailer, 
 29.14  or semitrailer, upon conviction for transporting a gross weight 
 29.15  in excess of the gross weight for which it was registered or for 
 29.16  operating a vehicle with an axle weight exceeding the maximum 
 29.17  lawful axle load weight, is guilty of a misdemeanor and subject 
 29.18  to increased registration or reregistration according to the 
 29.19  following schedule: 
 29.20     (1) Upon conviction for transporting a gross weight in 
 29.21  excess of the gross weight for which a motor vehicle, trailer, 
 29.22  or semitrailer is registered by more than the allowance set 
 29.23  forth in paragraph (b) but less than 25 percent, or for 
 29.24  operating or using a motor vehicle, trailer, or semitrailer with 
 29.25  an axle weight exceeding the maximum lawful axle load as 
 29.26  provided in sections 169.822 to 169.829 by more than the 
 29.27  allowance set forth in paragraph (b) but less than 25 percent, 
 29.28  the owner, driver, or user of the motor vehicle, trailer, or 
 29.29  semitrailer used to commit the violation, in addition to any 
 29.30  penalty imposed for the misdemeanor, shall apply to the 
 29.31  registrar to increase the authorized gross weight to be carried 
 29.32  on the vehicle to a weight equal to or greater than the gross 
 29.33  weight the owner, driver, or user was convicted of carrying.  
 29.34  The increase is computed for the balance of the calendar year on 
 29.35  the basis of 1/12 of the annual tax for each month remaining in 
 29.36  the calendar year beginning with the first day of the month in 
 30.1   which the violation occurred.  If the additional registration 
 30.2   tax computed upon that weight, plus the tax already paid, 
 30.3   amounts to more than the regular tax for the maximum gross 
 30.4   weight permitted for the vehicle under sections 169.822 to 
 30.5   169.829, that additional amount must nevertheless be paid into 
 30.6   the highway fund, but the additional tax thus paid does not 
 30.7   authorize or permit any person to operate the vehicle with a 
 30.8   gross weight in excess of the maximum legal weight as provided 
 30.9   by sections 169.822 to 169.829.  Unless the owner within 30 days 
 30.10  after a conviction applies to increase the authorized weight and 
 30.11  pays the additional tax as provided in this section, the 
 30.12  registrar shall revoke the registration on the vehicle and 
 30.13  demand the return of the registration card and plates issued on 
 30.14  that registration. 
 30.15     (2) Upon conviction of an owner, driver, or user of a motor 
 30.16  vehicle, trailer, or semitrailer for transporting a gross weight 
 30.17  in excess of the gross weight for which the motor vehicle, 
 30.18  trailer, or semitrailer was registered by 25 percent or more or 
 30.19  for operating or using the vehicle or trailer with an axle 
 30.20  weight exceeding the maximum lawful axle load as provided in 
 30.21  sections 169.822 to 169.829 by 25 percent or more, and in 
 30.22  addition to any penalty imposed for the misdemeanor, the 
 30.23  registrar shall either (i) cancel the reciprocity privileges on 
 30.24  the vehicle involved if the vehicle is being operated under 
 30.25  reciprocity or (ii) if the vehicle is not being operated under 
 30.26  reciprocity, cancel the certificate of registration on the 
 30.27  vehicle operated and demand the return of the registration 
 30.28  certificate and registration plates.  The registrar may not 
 30.29  cancel the registration or reciprocity privileges for any 
 30.30  vehicle found in violation of seasonal load restrictions imposed 
 30.31  under section 169.87 unless the axle weight exceeds the 
 30.32  year-round weight limit for the highway on which the violation 
 30.33  occurred.  The registrar may investigate any allegation of gross 
 30.34  weight violations and demand that the operator show cause why 
 30.35  all future operating privileges in the state should not be 
 30.36  revoked unless the additional tax assessed is paid. 
 31.1      (3) Clause (1) does not apply to the first haul of 
 31.2   unprocessed or raw farm products or unfinished forest products, 
 31.3   when the registered gross weight is not exceeded by more than 
 31.4   ten percent.  For purposes of this clause, "first haul" means 
 31.5   (i) the first, continuous transportation of unprocessed or raw 
 31.6   farm products from the place of production or on-farm storage 
 31.7   site to any other location within 50 miles of the place of 
 31.8   production or on-farm storage site, or (ii) the continuous or 
 31.9   noncontinuous transportation of unfinished forest products from 
 31.10  the place of production to the place of final processing or 
 31.11  manufacture located within 200 miles of the place of production. 
 31.12     (4) When the registration on a motor vehicle, trailer, or 
 31.13  semitrailer is revoked by the registrar according to this 
 31.14  section, the vehicle must not be operated on the highways of the 
 31.15  state until it is registered or reregistered, as the case may 
 31.16  be, and new plates issued, and the registration fee is the 
 31.17  annual tax for the total gross weight of the vehicle at the time 
 31.18  of violation.  The reregistration pursuant to this subdivision 
 31.19  of any vehicle operating under reciprocity agreements pursuant 
 31.20  to section 168.181 or 168.187 must be at the full annual 
 31.21  registration fee without regard to the percentage of vehicle 
 31.22  miles traveled in this state. 
 31.23     Sec. 44.  [168.096] [IDENTIFICATION OF HYBRID AND 
 31.24  INHERENTLY LOW EMISSION VEHICLES.] 
 31.25     Subdivision 1.  [DECAL OR OTHER IDENTIFIER.] The registrar 
 31.26  shall issue to the owner of a hybrid vehicle, within the meaning 
 31.27  of section 160.02, subdivision 19a, or an inherently low 
 31.28  emission vehicle, within the meaning of section 160.02, 
 31.29  subdivision 19b, upon request of the owner and upon payment of a 
 31.30  fee established by the commissioner, a distinctive decal or 
 31.31  other identifier to be affixed to the vehicle so as to clearly 
 31.32  distinguish these vehicles from other vehicles.  Each decal or 
 31.33  identifier must display a unique number, which must be printed 
 31.34  on or affixed to the vehicle registration. 
 31.35     Subd. 2.  [VIOLATION.] A person may not operate and may not 
 31.36  own a vehicle that displays a decal or other identifier 
 32.1   described in this section, if that decal or identifier was not 
 32.2   issued for that vehicle.  A violation of this subdivision is a 
 32.3   misdemeanor. 
 32.4      Sec. 45.  Minnesota Statutes 2002, section 168.33, 
 32.5   subdivision 9, is amended to read: 
 32.6      Subd. 9.  [RULES.] The commissioner of public safety may 
 32.7   adopt rules for administering and enforcing this section.  No 
 32.8   rule adopted under this subdivision takes effect until final 
 32.9   enactment of a law continuing legislative approval of the rule. 
 32.10     Sec. 46.  Minnesota Statutes 2002, section 169.01, is 
 32.11  amended by adding a subdivision to read: 
 32.12     Subd. 4c.  [MOTORIZED SCOOTER.] "Motorized scooter" means a 
 32.13  device with two wheels and handlebars, powered by a motor, and 
 32.14  designed to be stood upon by the operator.  An electric personal 
 32.15  assistive mobility device, within the meaning of subdivision 90, 
 32.16  is not a motorized scooter. 
 32.17     Sec. 47.  Minnesota Statutes 2002, section 169.01, is 
 32.18  amended by adding a subdivision to read: 
 32.19     Subd. 91.  [SCHOOL ZONE.] "School zone" means that section 
 32.20  of a street or highway that abuts the grounds of a school where 
 32.21  children have access to the street or highway from the school 
 32.22  property or where an established school crossing is located; 
 32.23  provided, the school advance sign prescribed by the Manual on 
 32.24  Uniform Traffic Control Devices adopted by the commissioner of 
 32.25  transportation pursuant to section 169.06 is in place.  All 
 32.26  signs erected by local authorities to designate speed limits in 
 32.27  school zones must conform to the Manual on Uniform Traffic 
 32.28  Control Devices. 
 32.29     Sec. 48.  Minnesota Statutes 2002, section 169.06, is 
 32.30  amended by adding a subdivision to read: 
 32.31     Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
 32.32  purposes of this subdivision, "traffic signal-override device" 
 32.33  means a device mounted in a motor vehicle that permits 
 32.34  activation of a traffic signal-override system described in 
 32.35  subdivision 5a. 
 32.36     (b) No person may operate a motor vehicle that contains a 
 33.1   traffic signal-override system, other than: 
 33.2      (1) an authorized emergency vehicle described in section 
 33.3   169.01, subdivision 5, clause (1), (2), or (3); 
 33.4      (2) a vehicle engaged in providing regular-route public 
 33.5   transit; 
 33.6      (3) a signal maintenance vehicle of a road authority; or 
 33.7      (4) a vehicle authorized to contain such a device by order 
 33.8   of the commissioner of public safety. 
 33.9      (c) No person may possess a traffic signal-override system, 
 33.10  other than: 
 33.11     (1) a person authorized to operate a vehicle described in 
 33.12  paragraph (b), clauses (1) and (2), but only for use in such a 
 33.13  vehicle; 
 33.14     (2) a person authorized by a road authority to perform 
 33.15  signal maintenance, while engaged in such maintenance; or 
 33.16     (3) a person authorized by order of the commissioner of 
 33.17  public safety to possess such a device, but only to the extent 
 33.18  authorized in the order. 
 33.19     (d) A violation of this subdivision is a misdemeanor. 
 33.20     Sec. 49.  [169.133] [TELEPHONE USE BY CERTAIN DRIVERS 
 33.21  PROHIBITED.] 
 33.22     Subdivision 1.  [PROHIBITION GENERALLY.] Except as 
 33.23  otherwise provided in this section, a holder of an instruction 
 33.24  permit issued under section 171.05 or a provisional driver's 
 33.25  license issued under section 171.055 shall not operate a motor 
 33.26  vehicle while communicating over, or otherwise operating, a 
 33.27  cellular or wireless telephone, regardless of whether the 
 33.28  telephone must be hand held or may be hands free for its 
 33.29  operation. 
 33.30     Subd. 2.  [EXCEPTIONS FOR PASSENGERS AND AUTHORIZED 
 33.31  EMERGENCY VEHICLES.] Subdivision 1 does not apply to an operator 
 33.32  of an authorized emergency vehicle or to any nonoperator 
 33.33  passenger of a motor vehicle. 
 33.34     Subd. 3.  [AFFIRMATIVE DEFENSE.] A person described in 
 33.35  subdivision 1 may assert as an affirmative defense that the 
 33.36  violation was made for the sole purpose of obtaining emergency 
 34.1   assistance if the person had reason to fear for the life or 
 34.2   safety of any person or to believe that a crime was about to be 
 34.3   committed in the person's proximity. 
 34.4      Sec. 50.  Minnesota Statutes 2002, section 169.14, 
 34.5   subdivision 2, is amended to read: 
 34.6      Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
 34.7   exists, the following speeds ~~shall be~~ are lawful, but any ~~speeds~~ 
 34.8   speed in excess of ~~such~~ these limits ~~shall be~~ is prima facie 
 34.9   evidence that the speed is not reasonable or prudent and that it 
 34.10  is unlawful; except that the speed limit within any municipality 
 34.11  ~~shall be~~ is a maximum limit and any speed in excess ~~thereof~~ 
 34.12  ~~shall be~~ of that limit is unlawful: 
 34.13     (1) 30 miles per hour in an urban district or on a town 
 34.14  road in a rural residential district; 
 34.15     (2) 65 miles per hour on noninterstate freeways and 
 34.16  expressways, as defined in section 160.02, subdivision 19; 
 34.17     (3) 55 miles per hour in locations other than those 
 34.18  specified in this section; 
 34.19     (4) 70 miles per hour on interstate highways outside the 
 34.20  limits of any urbanized area with a population of greater than 
 34.21  50,000 as defined by order of the commissioner of 
 34.22  transportation; 
 34.23     (5) 65 miles per hour on interstate highways inside the 
 34.24  limits of any urbanized area with a population of greater than 
 34.25  50,000 as defined by order of the commissioner of 
 34.26  transportation; 
 34.27     (6) ten miles per hour in ~~alleys~~ alleyways; ~~and~~ 
 34.28     (7) 25 miles per hour in residential roadways if adopted by 
 34.29  the road authority having jurisdiction over the residential 
 34.30  roadway; and 
 34.31     (8) 25 miles per hour in school zones. 
 34.32     (b) A speed limit adopted under paragraph (a), clause (7), 
 34.33  is not effective unless the road authority has erected signs 
 34.34  designating the speed limit and indicating the beginning and end 
 34.35  of the residential roadway on which the speed limit applies. 
 34.36     (c) For purposes of this subdivision, "rural residential 
 35.1   district" means the territory contiguous to and including any 
 35.2   town road within a subdivision or plat of land that is built up 
 35.3   with dwelling houses at intervals of less than 300 feet for a 
 35.4   distance of one-quarter mile or more. 
 35.5      Sec. 51.  Minnesota Statutes 2002, section 169.14, 
 35.6   subdivision 3, is amended to read: 
 35.7      Subd. 3.  [REDUCED SPEED REQUIRED.] (a) The driver of any 
 35.8   vehicle shall, consistent with the requirements, drive at an 
 35.9   appropriate reduced speed when approaching or passing an 
 35.10  authorized emergency vehicle stopped with emergency lights 
 35.11  flashing on any street or highway, when approaching and crossing 
 35.12  an intersection or railway grade crossing, when approaching and 
 35.13  going around a curve, when approaching a hill crest, when 
 35.14  traveling upon any narrow or winding roadway, and when special 
 35.15  hazards exist with respect to pedestrians or other traffic or by 
 35.16  reason of weather or highway conditions.  
 35.17     (b) For purposes of this subdivision, "appropriate reduced 
 35.18  speed" when approaching or passing an emergency vehicle stopped 
 35.19  on a highway with emergency lights flashing is a speed that 
 35.20  allows the driver to control the vehicle to the extent 
 35.21  necessary, up to and including stopping the vehicle, to prevent 
 35.22  a collision, to prevent injury to persons or property, and to 
 35.23  avoid interference with the performance of emergency duties by 
 35.24  emergency personnel. 
 35.25     (c) A person who fails to reduce speed appropriately when 
 35.26  approaching or passing an authorized emergency vehicle stopped 
 35.27  with emergency lights flashing on a street or highway shall be 
 35.28  assessed an additional surcharge equal to the amount of the fine 
 35.29  imposed for the speed violation, but not less than $25, or $75 
 35.30  if illuminated or reflective warning markers have been placed on 
 35.31  the highway within 1,000 feet of the scene of the emergency. 
 35.32     Sec. 52.  Minnesota Statutes 2002, section 169.14, is 
 35.33  amended by adding a subdivision to read: 
 35.34     Subd. 3a.  [DRIVER EDUCATION AND TRAINING PROGRAMS.] The 
 35.35  commissioner of public safety shall take all necessary steps to 
 35.36  ensure that persons enrolled in driver education programs 
 36.1   offered at public schools, and persons enrolled in driver 
 36.2   training programs offered at private and parochial schools and 
 36.3   commercial driver training schools, are instructed as to the 
 36.4   responsibilities of drivers when approaching emergency scenes 
 36.5   and stopped emergency vehicles on highways. 
 36.6      Sec. 53.  Minnesota Statutes 2002, section 169.14, is 
 36.7   amended by adding a subdivision to read: 
 36.8      Subd. 3b.  [CAUSE FOR ARREST; VIOLATION; PENALTY.] (a) A 
 36.9   peace officer may arrest the driver of a motor vehicle if the 
 36.10  peace officer has probable cause to believe that the driver has 
 36.11  operated the vehicle in violation of subdivision 3 at the scene 
 36.12  of an emergency within the past four hours. 
 36.13     (b) If a motor vehicle is operated in violation of 
 36.14  subdivision 3 at the scene of an emergency, the owner of the 
 36.15  vehicle or, for a leased motor vehicle, the lessee of the 
 36.16  vehicle is guilty of a petty misdemeanor.  The owner or lessee 
 36.17  may not be fined under this paragraph if (1) another person is 
 36.18  convicted for that violation, or (2) the motor vehicle was 
 36.19  stolen at the time of the violation.  This paragraph does not 
 36.20  apply to a lessor of a motor vehicle if the lessor keeps a 
 36.21  record of the name and address of the lessee.  This paragraph 
 36.22  does not prohibit or limit the prosecution of a motor vehicle 
 36.23  operator for violating subdivision 3. 
 36.24     Sec. 54.  Minnesota Statutes 2002, section 169.14, 
 36.25  subdivision 4, is amended to read: 
 36.26     Subd. 4.  [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 
 36.27  as provided in subdivision 5a, on determining upon the basis of 
 36.28  an engineering and traffic investigation that any speed set 
 36.29  forth in this section is greater or less than is reasonable or 
 36.30  safe under the conditions found to exist on any trunk highway or 
 36.31  upon any part thereof, the commissioner may erect appropriate 
 36.32  signs designating a reasonable and safe speed limit ~~thereat~~, 
 36.33  which ~~speed limit shall be~~ becomes effective when ~~such~~ the signs 
 36.34  are erected there.  Any ~~speeds~~ speed in excess of ~~such~~ these 
 36.35  limits ~~shall be~~ is prima facie evidence that the speed is not 
 36.36  reasonable or prudent and that it is unlawful; except that any 
 37.1   speed limit within any municipality ~~shall be~~ or within any 
 37.2   school zone is a maximum limit and any speed in excess ~~thereof~~ 
 37.3   ~~shall be~~ of that limit is unlawful.  On determining upon that 
 37.4   basis that a part of the trunk highway system outside a 
 37.5   municipality should be a zone of maximum speed limit, the 
 37.6   commissioner may establish that part as such a zone by erecting 
 37.7   appropriate signs showing the beginning and end of the zone, 
 37.8   designating a reasonable and safe speed therefor, which may be 
 37.9   different than the speed set forth in this section, and that it 
 37.10  is a zone of maximum speed limit.  The speed so designated by 
 37.11  the commissioner within any such zone ~~shall be~~ is a maximum 
 37.12  speed limit, and speed in excess of ~~such~~ that limit ~~shall be~~ is 
 37.13  unlawful.  The commissioner may in the same manner from time to 
 37.14  time alter the boundary of such a zone and the speed limit 
 37.15  therein or eliminate ~~such~~ the zone.  
 37.16     Sec. 55.  Minnesota Statutes 2003 Supplement, section 
 37.17  169.14, subdivision 5a, is amended to read: 
 37.18     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 
 37.19  local ~~authorities~~ authority, with the agreement of a school 
 37.20  board or nonpublic school administration, may establish a ~~school~~ 
 37.21  speed limit that is less than 25 miles per hour within a school 
 37.22  zone of a public or nonpublic school ~~upon the basis of an~~ 
 37.23  ~~engineering and traffic investigation as prescribed by the~~ 
 37.24  ~~commissioner of transportation~~ located on a street or highway 
 37.25  within the jurisdiction of the local authority.  The 
 37.26  establishment of a school speed limit that is more than or less 
 37.27  than 25 miles per hour on any trunk highway ~~shall~~ must be ~~with~~ 
 37.28  ~~the consent~~ by agreement of the commissioner of transportation 
 37.29  with the school board or, in the case of a nonpublic school, 
 37.30  with the school's administrator.  ~~Such~~ School speed limits ~~shall~~ 
 37.31  ~~be~~ are in effect when children are present, going to or leaving 
 37.32  school during opening or closing hours or during school recess 
 37.33  periods.  ~~The school speed limit shall not be lower than 15~~ 
 37.34  ~~miles per hour and shall not be more than 30 miles per hour~~ 
 37.35  ~~below the established speed limit on an affected street or~~ 
 37.36  ~~highway.~~ 
 38.1      (b) The school speed limit ~~shall be~~ becomes effective upon 
 38.2   the erection of appropriate signs designating the speed and 
 38.3   indicating the beginning and end of the reduced speed zone.  Any 
 38.4   speed in excess of ~~such~~ the posted school speed limit is 
 38.5   unlawful.  ~~All such~~ These signs ~~shall~~ must be erected by the 
 38.6   local authorities on those streets and highways under their 
 38.7   respective jurisdictions and by the commissioner of 
 38.8   transportation on trunk highways. 
 38.9      (c) ~~For the purpose of this subdivision, "school zone"~~ 
 38.10  ~~means that section of a street or highway which abuts the~~ 
 38.11  ~~grounds of a school where children have access to the street or~~ 
 38.12  ~~highway from the school property or where an established school~~ 
 38.13  ~~crossing is located provided the school advance sign prescribed~~ 
 38.14  ~~by the manual on uniform traffic control devices adopted by the~~ 
 38.15  ~~commissioner of transportation pursuant to section 169.06 is in~~ 
 38.16  ~~place.  All signs erected by local authorities to designate~~ 
 38.17  ~~speed limits in school zones shall conform to the Manual on~~ 
 38.18  ~~Uniform Control Devices.~~ 
 38.19     ~~(d)~~ Notwithstanding section 609.0331 or 609.101 or other 
 38.20  law to the contrary, a person who violates a speed limit 
 38.21  established under this subdivision is assessed an additional 
 38.22  surcharge equal to the amount of the fine imposed for the 
 38.23  violation, but not less than $25. 
 38.24     Sec. 56.  Minnesota Statutes 2002, section 169.18, 
 38.25  subdivision 7, is amended to read: 
 38.26     Subd. 7.  [LANED HIGHWAY.] When any roadway has been 
 38.27  divided into two or more clearly marked lanes for traffic, the 
 38.28  following rules, in addition to all others consistent herewith, 
 38.29  shall apply: 
 38.30     (a) A vehicle shall be driven as nearly as practicable 
 38.31  entirely within a single lane and shall not be moved from such 
 38.32  lane until the driver has first ascertained that such movement 
 38.33  can be made with safety. 
 38.34     (b) Upon a roadway which is not a one-way roadway and which 
 38.35  is divided into three lanes, a vehicle shall not be driven in 
 38.36  the center lane except when overtaking and passing another 
 39.1   vehicle where the roadway is clearly visible and such center 
 39.2   lane is clear of traffic within a safe distance, or in 
 39.3   preparation for a left turn or where such center lane is at the 
 39.4   time allocated exclusively to traffic moving in the direction 
 39.5   the vehicle is proceeding, and is signposted to give notice of 
 39.6   such allocation.  The left lane of a three-lane roadway which is 
 39.7   not a one-way roadway shall not be used for overtaking and 
 39.8   passing another vehicle. 
 39.9      (c) Official signs may be erected directing slow-moving 
 39.10  traffic to use a designated lane or allocating specified lanes 
 39.11  to traffic moving in the same direction, and drivers of vehicles 
 39.12  shall obey the directions of every such sign. 
 39.13     (d) Whenever a bicycle lane has been established on a 
 39.14  roadway, any person operating a motor vehicle on such roadway 
 39.15  shall not drive in the bicycle lane except to park where parking 
 39.16  is permitted, to enter or leave the highway, or to prepare for a 
 39.17  turn as provided in section 169.19, subdivision 1. 
 39.18     (e) A vehicle must be driven in the right-hand lane 
 39.19  according to subdivision 10. 
 39.20     Sec. 57.  Minnesota Statutes 2002, section 169.18, 
 39.21  subdivision 10, is amended to read: 
 39.22     Subd. 10.  [~~SLOW-MOVING VEHICLE~~ VEHICLES DRIVEN IN 
 39.23  RIGHT-HAND LANE.] (a) Upon all roadways ~~any~~, including freeways 
 39.24  and expressways as defined in section 160.02, a vehicle 
 39.25  ~~proceeding at less than the normal speed of traffic at the time~~ 
 39.26  ~~and place and under the conditions then existing shall~~ must be 
 39.27  driven in the right-hand lane then available for traffic, or as 
 39.28  close as practicable to the right-hand curb or edge of the 
 39.29  roadway, if safe and practicable to do so, except: 
 39.30     (1) when overtaking and passing another vehicle proceeding 
 39.31  in the same direction~~, or~~; 
 39.32     (2) when preparing for a left turn at an intersection or 
 39.33  into a private road or driveway~~, or~~; 
 39.34     (3) when a specific lane is designated and posted for a 
 39.35  specific type of traffic; 
 39.36     (4) when necessary to enter or exit an expressway, freeway, 
 40.1   interstate highway, or other controlled-access highway; 
 40.2      (5) when otherwise directed in a highway work zone, as 
 40.3   defined in section 169.14, subdivision 5d; 
 40.4      (6) when otherwise directed by a law enforcement officer; 
 40.5   or 
 40.6      (7) when expressly allowed or required by other law. 
 40.7      (b) The commissioner of transportation shall erect 
 40.8   appropriate signs on interstate highways and freeways to 
 40.9   instruct motorists concerning paragraph (a). 
 40.10     Sec. 58.  [169.225] [MOTORIZED SCOOTER.] 
 40.11     Subdivision 1.  [APPLICATION OF TRAFFIC LAWS.] Every person 
 40.12  operating a motorized scooter shall have all rights and duties 
 40.13  applicable to the operator of a bicycle, except in respect to 
 40.14  those provisions relating expressly to motorized scooters and in 
 40.15  respect to those provisions of law that by their nature cannot 
 40.16  reasonably be applied to motorized scooters.  
 40.17     Subd. 2.  [SIDEWALK AND PASSENGER PROHIBITION.] No person 
 40.18  shall operate a motorized scooter upon a sidewalk, except when 
 40.19  necessary to enter or leave adjacent property.  No person shall 
 40.20  operate a motorized scooter that is carrying any person other 
 40.21  than the operator.  
 40.22     Subd. 3.  [MINIMUM AGE FOR OPERATOR.] No person under the 
 40.23  age of 12 years may operate a motorized scooter on a public road 
 40.24  or public right-of-way.  
 40.25     Subd. 4.  [PROTECTIVE HEADGEAR.] No person under the age of 
 40.26  18 years may operate a motorized scooter without wearing 
 40.27  properly fitted and fastened protective headgear that complies 
 40.28  with standards established by the commissioner of public safety. 
 40.29     Subd. 5.  [REQUIRED LIGHTING EQUIPMENT.] A motorized 
 40.30  scooter must be equipped with a headlight and a taillight that 
 40.31  comply with standards established by the commissioner of public 
 40.32  safety if the vehicle is operated under conditions when vehicle 
 40.33  lights are required by law.  
 40.34     Subd. 6.  [OPERATION REQUIREMENTS AND PROHIBITIONS.] (a) A 
 40.35  person operating a motorized scooter on a roadway shall ride as 
 40.36  close as practicable to the right-hand curb or edge of the 
 41.1   roadway, except in the following situations: 
 41.2      (1) when overtaking and passing another vehicle proceeding 
 41.3   in the same direction; 
 41.4      (2) when preparing for a left turn, in which case the 
 41.5   operator shall stop and dismount at the right-hand curb or right 
 41.6   edge of the roadway, and shall complete the turn by crossing the 
 41.7   roadway on foot, subject to restrictions placed by law on 
 41.8   pedestrians; or 
 41.9      (3) when reasonably necessary to avoid impediments or 
 41.10  conditions that make it unsafe to continue along the right-hand 
 41.11  curb or edge, including, but not limited to, fixed or moving 
 41.12  objects, vehicles, bicycles, pedestrians, animals, surface 
 41.13  hazards, or narrow lanes. 
 41.14     (b) A person who is 12 years old or older may operate a 
 41.15  motorized scooter on a bicycle path, bicycle lane, bicycle 
 41.16  trail, or bikeway that is not reserved for the exclusive use of 
 41.17  nonmotorized traffic, unless the local authority or governing 
 41.18  body having jurisdiction over that path, lane, trail, or bikeway 
 41.19  prohibits operation by law. 
 41.20     Sec. 59.  Minnesota Statutes 2003 Supplement, section 
 41.21  169.28, subdivision 1, is amended to read: 
 41.22     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
 41.23  motor vehicle carrying passengers for hire, or of any school bus 
 41.24  whether carrying passengers or not, or of any Head Start bus 
 41.25  whether carrying passengers or not, or of any vehicle that is 
 41.26  required to stop at railroad grade crossings under Code of 
 41.27  Federal Regulations, title 49, section 392.10, before crossing 
 41.28  at grade any track or tracks of a railroad, shall stop the 
 41.29  vehicle not less than 15 feet nor more than 50 feet from the 
 41.30  nearest rail of the railroad and while so stopped shall listen 
 41.31  and look in both directions along the track for any approaching 
 41.32  train, and for signals indicating the approach of a train, 
 41.33  except as hereinafter provided, and shall not proceed until safe 
 41.34  to do so.  The driver must not shift gears while crossing the 
 41.35  railroad tracks.  
 41.36     (b) A school bus or Head Start bus shall not be flagged 
 42.1   across railroad grade crossings except at those railroad grade 
 42.2   crossings that the local school administrative officer may 
 42.3   designate. 
 42.4      (c) A type III school bus, as defined in section 169.01, is 
 42.5   exempt from the requirement of school buses to stop at railroad 
 42.6   grade crossings. 
 42.7      (d) The requirements of this subdivision do not apply to 
 42.8   the crossing of light rail vehicle track or tracks that are 
 42.9   located in a public street when: 
 42.10     (1) the crossing occurs within the intersection of two or 
 42.11  more public streets; 
 42.12     (2) the intersection is controlled by a traffic control 
 42.13  signal; and 
 42.14     (3) the intersection is marked with signage indicating to 
 42.15  drivers that the requirements of this subdivision do not apply.  
 42.16  Notwithstanding any other provision of law, the owner or 
 42.17  operator of the track or tracks is authorized to place, 
 42.18  maintain, and display such signage upon and in the view of the 
 42.19  public street or streets. 
 42.20     Sec. 60.  [169.355] [LEAVING UNATTENDED CHILD IN MOTOR 
 42.21  VEHICLE.] 
 42.22     Subdivision 1.  [REQUIREMENT OF SUPERVISION OF YOUNG 
 42.23  CHILD.] A parent, legal guardian, or other person responsible 
 42.24  for a child who is eight years old or younger may not leave the 
 42.25  child inside a motor vehicle if the child is not subject to the 
 42.26  supervision of a person 14 years old or older, when: 
 42.27     (1) conditions present a significant risk to the child's 
 42.28  health or safety; or 
 42.29     (2) the vehicle's engine is running or the vehicle's keys 
 42.30  are in the ignition, or both. 
 42.31     Subd. 2.  [VIOLATION.] A violation of subdivision 1 is 
 42.32  punishable by a fine of not less than $150 for a first offense 
 42.33  and not less than $300 for a subsequent offense.  The court may 
 42.34  reduce or waive the fine if the violator is economically 
 42.35  disadvantaged and attends a community education program that 
 42.36  includes education on the dangers of leaving young children 
 43.1   unattended in motor vehicles, and certifies completion of the 
 43.2   program.  The violator shall submit the certification to the 
 43.3   court.  The court may require any violator described in this 
 43.4   section to attend an education program on the dangers of leaving 
 43.5   young children unattended in motor vehicles.  Nothing in this 
 43.6   section shall preclude prosecution under both this section or 
 43.7   any other provision of law. 
 43.8      Subd. 3.  [ALLOCATION OF FINES.] Notwithstanding any other 
 43.9   provision of law, the fines collected for a violation of this 
 43.10  section shall be paid by the person collecting the fines to the 
 43.11  treasurer of the county where the violation occurred and 
 43.12  allocated by the county treasurer, as follows: 
 43.13     (1) 70 percent to the county or city health department 
 43.14  where the violation occurred, to be used by the health 
 43.15  department or by a person or organization under contract with 
 43.16  the health department for the development and implementation of 
 43.17  community education programs on the dangers of leaving young 
 43.18  children unattended in motor vehicles.  Each county and city 
 43.19  health department shall prepare and annually update a list of 
 43.20  community education programs that provide information on the 
 43.21  dangers of leaving young children unattended in motor vehicles 
 43.22  and ways to avoid that danger.  The county or city health 
 43.23  department shall forward the list to the courts and shall make 
 43.24  the list available to the public; 
 43.25     (2) 15 percent to the county or city for the administration 
 43.26  of the program and for the county's costs to account for and 
 43.27  disburse fine revenues; and 
 43.28     (3) 15 percent to the city to be deposited in its general 
 43.29  fund, except that if the violation occurred in an unincorporated 
 43.30  area, this amount shall be deposited in the county's general 
 43.31  fund. 
 43.32     Sec. 61.  Minnesota Statutes 2002, section 169.685, 
 43.33  subdivision 5, is amended to read: 
 43.34     Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
 43.35  vehicle operator, when transporting a child ~~under the age of~~ 
 43.36  ~~four~~ subject to the requirements of paragraph (b) on the streets 
 44.1   and highways of this state in a motor vehicle equipped with 
 44.2   factory-installed seat belts, shall equip and install for use in 
 44.3   the motor vehicle, according to the manufacturer's instructions, 
 44.4   a child passenger restraint system or a booster seat meeting 
 44.5   federal motor vehicle safety standards.  
 44.6      (b) No motor vehicle operator who is operating a motor 
 44.7   vehicle on the streets and highways of this state may transport: 
 44.8      (1) a child under the age of four in a seat of a motor 
 44.9   vehicle equipped with a factory-installed seat belt, unless the 
 44.10  child is properly fastened in the child passenger restraint 
 44.11  system; or 
 44.12     (2) a child four years of age or older, but less than nine 
 44.13  years of age, unless the child is 57 or more inches in height, 
 44.14  if the child is not properly fastened in a booster seat. 
 44.15  Any motor vehicle operator who violates this subdivision is 
 44.16  guilty of a petty misdemeanor and may be sentenced to pay a fine 
 44.17  of not more than $50.  The fine may be waived or the amount 
 44.18  reduced if the motor vehicle operator produces evidence that 
 44.19  within 14 days after the date of the violation a child passenger 
 44.20  restraint system or booster seat meeting federal motor vehicle 
 44.21  safety standards was purchased or obtained for the exclusive use 
 44.22  of the operator.  
 44.23     (c) The fines collected for violations of this subdivision 
 44.24  must be deposited in the state treasury and credited to a 
 44.25  special account to be known as the Minnesota child passenger 
 44.26  restraint and education account. 
 44.27     Sec. 62.  Minnesota Statutes 2002, section 169.685, 
 44.28  subdivision 6, is amended to read: 
 44.29     Subd. 6.  [EXCEPTIONS.] (a) This section does not apply to: 
 44.30     (1) a person transporting a child in an emergency medical 
 44.31  vehicle while in the performance of official duties and when the 
 44.32  physical or medical needs of the child make the use of a child 
 44.33  passenger restraint system or booster seat unreasonable or when 
 44.34  a child passenger restraint system or booster seat is not 
 44.35  available; 
 44.36     (2) a peace officer transporting a child while in the 
 45.1   performance of official duties and when a child passenger 
 45.2   restraint system or booster seat is not available, provided that 
 45.3   a seat belt must be substituted; and 
 45.4      (3) a person while operating a motor vehicle for hire, 
 45.5   including a taxi, airport limousine, and bus, but excluding a 
 45.6   rented, leased, or borrowed motor vehicle. 
 45.7      (b) A child passenger restraint system or booster seat is 
 45.8   not required for a child who cannot, in the judgment of a 
 45.9   licensed physician, be safely transported in a child passenger 
 45.10  restraint system or booster seat because of a medical condition, 
 45.11  body size, or physical disability.  A motor vehicle operator 
 45.12  claiming exemption for a child under this paragraph must possess 
 45.13  a typewritten statement from the physician stating that the 
 45.14  child cannot be safely transported in a child passenger 
 45.15  restraint system or booster seat.  The statement must give the 
 45.16  name and birth date of the child, be dated within the previous 
 45.17  six months, and be made on the physician's letterhead or contain 
 45.18  the physician's name, address, and telephone number.  A person 
 45.19  charged with violating subdivision 5 may not be convicted if the 
 45.20  person produces the physician's statement in court or in the 
 45.21  office of the arresting officer. 
 45.22     (c) A person offering a motor vehicle for rent or lease 
 45.23  shall provide a child passenger restraint device or booster seat 
 45.24  to a customer renting or leasing the motor vehicle ~~who requests~~ 
 45.25  ~~the device~~ upon request of the customer.  A reasonable rent or 
 45.26  fee may be charged for use of the child passenger restraint 
 45.27  device or booster seat. 
 45.28     Sec. 63.  Minnesota Statutes 2002, section 169.685, 
 45.29  subdivision 7, is amended to read: 
 45.30     Subd. 7.  [APPROPRIATION; SPECIAL ACCOUNT; LEGISLATIVE 
 45.31  REPORT.] The Minnesota child passenger restraint, booster seat, 
 45.32  and education account is created in the state treasury, 
 45.33  consisting of fines collected under subdivision 5 and other 
 45.34  money appropriated or donated.  The money in the account is 
 45.35  annually appropriated to the commissioner of public safety, to 
 45.36  be used to provide child passenger restraint systems and booster 
 46.1   seats to families in financial need and to provide an 
 46.2   educational program on the need for and proper use of child 
 46.3   passenger restraint systems and booster seats.  The commissioner 
 46.4   shall report to the legislature by February 1 of each 
 46.5   odd-numbered year on the commissioner's activities and 
 46.6   expenditure of funds under this section. 
 46.7      Sec. 64.  Minnesota Statutes 2002, section 169.686, 
 46.8   subdivision 1, is amended to read: 
 46.9      Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
 46.10  adjusted and fastened seat belt, including both the shoulder and 
 46.11  lap belt when the vehicle is so equipped, shall be worn by~~:~~ 
 46.12     ~~(1)~~ the driver and passenger of a passenger vehicle or 
 46.13  commercial motor vehicle~~;~~ 
 46.14     ~~(2) a passenger riding in the front seat of a passenger~~ 
 46.15  ~~vehicle or commercial motor vehicle; and~~ 
 46.16     ~~(3) a passenger riding in any seat of a passenger vehicle~~ 
 46.17  ~~who is older than three but younger than 11 years of age~~. 
 46.18     (b) A person who is 15 years of age or older and who 
 46.19  violates paragraph (a)~~, clause (1) or (2),~~ is subject to a fine 
 46.20  of ~~$25~~ $50.  The driver of the ~~passenger vehicle or commercial~~ 
 46.21  ~~motor~~ vehicle in which ~~the~~ a violation of paragraph (a) occurred 
 46.22  by a passenger under the age of 15 is subject to a ~~$25~~ $50 fine 
 46.23  ~~for a violation of paragraph (a), clause (2) or (3), by a child~~ 
 46.24  ~~of the driver under the age of 15 or any child under the age of~~ 
 46.25  ~~11.  A peace officer may not issue a citation for a violation of~~ 
 46.26  ~~this section unless the officer lawfully stopped or detained the~~ 
 46.27  ~~driver of the motor vehicle for a moving violation other than a~~ 
 46.28  ~~violation involving motor vehicle equipment.  The Department of~~ 
 46.29  ~~Public Safety shall not record a violation of this subdivision~~ 
 46.30  ~~on a person's driving record~~. 
 46.31     Sec. 65.  Minnesota Statutes 2002, section 169.686, 
 46.32  subdivision 3, is amended to read: 
 46.33     Subd. 3.  [APPROPRIATION; SPECIAL ACCOUNT.] ~~The fines~~ (a) 
 46.34  From each fine collected for a violation of subdivision 1, $25 
 46.35  must be deposited in the state treasury and credited to a 
 46.36  special account to be known as the emergency medical services 
 47.1   relief account.  Ninety percent of the money in the account 
 47.2   shall be distributed to the eight regional emergency medical 
 47.3   services systems designated by the Emergency Medical Services 
 47.4   Regulatory Board under section 144E.50, for personnel education 
 47.5   and training, equipment and vehicle purchases, and operational 
 47.6   expenses of emergency life support transportation services.  The 
 47.7   board of directors of each emergency medical services region 
 47.8   shall establish criteria for funding.  Ten percent of the money 
 47.9   in the account shall be distributed to the commissioner of 
 47.10  public safety for the expenses of traffic safety educational 
 47.11  programs conducted by State Patrol troopers. 
 47.12     (b) The remaining amount of each fine collected for a 
 47.13  violation of subdivision 1 must be paid to the treasurer of the 
 47.14  county in which the violation occurred and used for 
 47.15  detoxification services for drug-dependent persons provided by 
 47.16  the county as required by law. 
 47.17     Sec. 66.  [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 
 47.18  PRODUCTS.] 
 47.19     A vehicle or combination of vehicles hauling raw or 
 47.20  unfinished forest products or the first haul from the place of 
 47.21  manufacture of paper, pulp, oriented strand board, treated and 
 47.22  untreated lumber, laminated strand lumber, wood chips, and 
 47.23  pallets by the most direct route from the place of production to 
 47.24  the nearest highway that has been designated under section 
 47.25  169.832, subdivision 11, may be operated on any highway with 
 47.26  gross weights permitted under sections 169.822 to 169.829 
 47.27  without regard to load restrictions imposed on that highway, 
 47.28  except that such vehicles must: 
 47.29     (1) comply with seasonal load restrictions in effect 
 47.30  between the dates set by the commissioner under section 169.87, 
 47.31  subdivision 2; 
 47.32     (2) comply with bridge load limits posted under section 
 47.33  169.84; 
 47.34     (3) be equipped and operated with six axles and brakes; 
 47.35     (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 
 47.36  gross weight during the time when seasonal increases are 
 48.1   authorized under section 169.826; 
 48.2      (5) not be operated on interstate and defense highways; 
 48.3      (6) obtain an annual permit from the commissioner of 
 48.4   transportation; and 
 48.5      (7) obey all road postings. 
 48.6      Sec. 67.  Minnesota Statutes 2003 Supplement, section 
 48.7   169.86, subdivision 5, is amended to read: 
 48.8      Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 48.9   commissioner, with respect to highways under the commissioner's 
 48.10  jurisdiction, may charge a fee for each permit issued.  All such 
 48.11  fees for permits issued by the commissioner of transportation 
 48.12  shall be deposited in the state treasury and credited to the 
 48.13  trunk highway fund.  Except for those annual permits for which 
 48.14  the permit fees are specified elsewhere in this chapter, the 
 48.15  fees shall be: 
 48.16     (a) $15 for each single trip permit. 
 48.17     (b) $36 for each job permit.  A job permit may be issued 
 48.18  for like loads carried on a specific route for a period not to 
 48.19  exceed two months.  "Like loads" means loads of the same 
 48.20  product, weight, and dimension. 
 48.21     (c) $60 for an annual permit to be issued for a period not 
 48.22  to exceed 12 consecutive months.  Annual permits may be issued 
 48.23  for: 
 48.24     (1) motor vehicles used to alleviate a temporary crisis 
 48.25  adversely affecting the safety or well-being of the public; 
 48.26     (2) motor vehicles which travel on interstate highways and 
 48.27  carry loads authorized under subdivision 1a; 
 48.28     (3) motor vehicles operating with gross weights authorized 
 48.29  under section 169.826, subdivision 1a; 
 48.30     (4) special pulpwood vehicles described in section 169.863; 
 48.31     (5) motor vehicles bearing snowplow blades not exceeding 
 48.32  ten feet in width; and 
 48.33     (6) noncommercial transportation of a boat by the owner or 
 48.34  user of the boat. 
 48.35     (d) $120 for an oversize annual permit to be issued for a 
 48.36  period not to exceed 12 consecutive months.  Annual permits may 
 49.1   be issued for:  
 49.2      (1) mobile cranes; 
 49.3      (2) construction equipment, machinery, and supplies; 
 49.4      (3) manufactured homes; 
 49.5      (4) implements of husbandry when the movement is not made 
 49.6   according to the provisions of paragraph (i); 
 49.7      (5) double-deck buses; 
 49.8      (6) commercial boat hauling.  
 49.9      (e) For vehicles which have axle weights exceeding the 
 49.10  weight limitations of sections 169.822 to 169.829, an additional 
 49.11  cost added to the fees listed above.  However, this paragraph 
 49.12  applies to any vehicle described in section 168.013, subdivision 
 49.13  3, paragraph (b), but only when the vehicle exceeds its gross 
 49.14  weight allowance set forth in that paragraph, and then the 
 49.15  additional cost is for all weight, including the allowance 
 49.16  weight, in excess of the permitted maximum axle weight.  The 
 49.17  additional cost is equal to the product of the distance traveled 
 49.18  times the sum of the overweight axle group cost factors shown in 
 49.19  the following chart:  
 49.20                 Overweight Axle Group Cost Factors 
 49.21  Weight (pounds)         Cost Per Mile For Each Group Of:
 49.22  exceeding       Two consec-     Three consec-   Four consec-
 49.23  weight          utive axles     utive axles     utive axles
 49.24  limitations     spaced within   spaced within   spaced within
 49.25  on axles        8 feet or less  9 feet or less  14 feet or less 
 49.26       0-2,000    .12             .05             .04
 49.27   2,001-4,000    .14             .06             .05
 49.28   4,001-6,000    .18             .07             .06
 49.29   6,001-8,000    .21             .09             .07
 49.30   8,001-10,000   .26             .10             .08
 49.31  10,001-12,000   .30             .12             .09
 49.32  12,001-14,000   Not permitted   .14             .11
 49.33  14,001-16,000   Not permitted   .17             .12
 49.34  16,001-18,000   Not permitted   .19             .15
 49.35  18,001-20,000   Not permitted   Not permitted   .16
 49.36  20,001-22,000   Not permitted   Not permitted   .20
 50.1   The amounts added are rounded to the nearest cent for each axle 
 50.2   or axle group.  The additional cost does not apply to paragraph 
 50.3   (c), clauses (1) and (3).  
 50.4   For a vehicle found to exceed the appropriate maximum permitted 
 50.5   weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 50.6   a ton, over the permitted maximum weight is imposed in addition 
 50.7   to the normal permit fee.  Miles must be calculated based on the 
 50.8   distance already traveled in the state plus the distance from 
 50.9   the point of detection to a transportation loading site or 
 50.10  unloading site within the state or to the point of exit from the 
 50.11  state. 
 50.12     (f) As an alternative to paragraph (e), an annual permit 
 50.13  may be issued for overweight, or oversize and overweight, 
 50.14  construction equipment, machinery, and supplies.  The fees for 
 50.15  the permit are as follows:  
 50.16  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 50.17       90,000 or less                             $200
 50.18       90,001 - 100,000                           $300
 50.19      100,001 - 110,000                           $400
 50.20      110,001 - 120,000                           $500
 50.21      120,001 - 130,000                           $600
 50.22      130,001 - 140,000                           $700
 50.23      140,001 - 145,000                           $800
 50.24  If the gross weight of the vehicle is more than 145,000 pounds 
 50.25  the permit fee is determined under paragraph (e). 
 50.26     (g) For vehicles which exceed the width limitations set 
 50.27  forth in section 169.80 by more than 72 inches, an additional 
 50.28  cost equal to $120 added to the amount in paragraph (a) when the 
 50.29  permit is issued while seasonal load restrictions pursuant to 
 50.30  section 169.87 are in effect. 
 50.31     (h) $85 for an annual permit to be issued for a period not 
 50.32  to exceed 12 months, for refuse-compactor vehicles that carry a 
 50.33  gross weight of not more than:  22,000 pounds on a single rear 
 50.34  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 50.35  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 50.36  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 51.1   axle must limit the gross vehicle weight to not more than 62,000 
 51.2   pounds. 
 51.3      (i) For vehicles exclusively transporting implements of 
 51.4   husbandry, an annual permit fee of $24.  A vehicle operated 
 51.5   under a permit authorized by this paragraph may be moved at the 
 51.6   discretion of the permit holder without prior route approval by 
 51.7   the commissioner if: 
 51.8      (1) the total width of the transporting vehicle, including 
 51.9   load, does not exceed 14 feet; 
 51.10     (2) the vehicle is operated only between sunrise and 30 
 51.11  minutes after sunset, and is not operated at any time after 
 51.12  12:00 noon on Sundays or holidays; 
 51.13     (3) the vehicle is not operated when visibility is impaired 
 51.14  by weather, fog, or other conditions that render persons and 
 51.15  other vehicles not clearly visible at 500 feet; 
 51.16     (4) the vehicle displays at the front and rear of the load 
 51.17  or vehicle a pair of flashing amber lights, as provided in 
 51.18  section 169.59, subdivision 4, whenever the overall width of the 
 51.19  vehicle exceeds 126 inches; and 
 51.20     (5) the vehicle is not operated on a trunk highway with a 
 51.21  surfaced roadway width of less than 24 feet unless such 
 51.22  operation is authorized by the permit. 
 51.23  A permit under this paragraph authorizes movements of the 
 51.24  permitted vehicle on an interstate highway, and movements of 75 
 51.25  miles or more on other highways. 
 51.26     (j) $300 for a motor vehicle described in section 
 51.27  169.8261.  The fee under this paragraph must be deposited as 
 51.28  follows: 
 51.29     (1) in fiscal years 2005 through 2010: 
 51.30     (i) the first $50,000 in each fiscal year must be deposited 
 51.31  in the trunk highway fund; and 
 51.32     (ii) all remaining money in each fiscal year must be 
 51.33  deposited in a bridge inspection and signing account in the 
 51.34  special revenue fund.  Money in the account is appropriated to 
 51.35  the commissioner for: 
 51.36     (A) inspection of local bridges and identification of local 
 52.1   bridges to be posted, including contracting with a consultant 
 52.2   for some or all of these functions; and 
 52.3      (B) erection of weight posting signs on local bridges; and 
 52.4      (2) in fiscal year 2011 and subsequent years all fees under 
 52.5   this paragraph must be deposited in the trunk highway fund. 
 52.6      Sec. 68.  Minnesota Statutes 2002, section 169.87, 
 52.7   subdivision 5, is amended to read: 
 52.8      Subd. 5.  [UTILITY VEHICLES.] (a) Weight restrictions 
 52.9   imposed by the commissioner under ~~subdivision~~ subdivisions 1 and 
 52.10  2 do not apply to a two-axle or three-axle utility vehicle that 
 52.11  does not exceed a weight of 20,000 pounds per single axle and 
 52.12  36,000 pounds gross vehicle weight for a two-axle vehicle or 
 52.13  48,000 pounds gross vehicle weight for a three-axle vehicle, if 
 52.14  the vehicle is owned by: 
 52.15     (1) a public utility as defined in section 216B.02; 
 52.16     (2) a municipality or municipal utility that operates the 
 52.17  vehicle for its municipal electric, gas, or water system; or 
 52.18     (3) a cooperative electric association organized under 
 52.19  chapter 308A. 
 52.20     (b) The exemption in this subdivision applies only when the 
 52.21  vehicle is performing service restoration or other work 
 52.22  necessary to prevent an imminent loss of service. 
 52.23     Sec. 69.  Minnesota Statutes 2002, section 169.87, 
 52.24  subdivision 6, is amended to read: 
 52.25     Subd. 6.  [RECYCLING AND GARBAGE VEHICLES.] (a) Except as 
 52.26  provided in paragraph (b), weight restrictions imposed under 
 52.27  subdivisions 1 and 2 do not apply to a ~~two-axle~~ vehicle that 
 52.28  does not exceed 20,000 pounds per single axle and is designed 
 52.29  and used exclusively for recycling, while engaged in recycling 
 52.30  in a political subdivision that mandates curbside recycling 
 52.31  pickup. 
 52.32     (b) Until July 1, 2005, weight restrictions imposed under 
 52.33  subdivisions 1 and 2 do not apply to (1) a vehicle that does not 
 52.34  exceed 14,000 pounds per single axle and is used exclusively for 
 52.35  recycling as described in paragraph (a), or (2) a vehicle that 
 52.36  does not exceed 14,000 pounds per single axle and is designed 
 53.1   and used exclusively for collecting mixed municipal solid waste, 
 53.2   as defined in section 115A.03, subdivision 21, while engaged in 
 53.3   such collection. 
 53.4      (c) Notwithstanding section 169.80, subdivision 1, a 
 53.5   violation of weight restrictions imposed under subdivisions 1 
 53.6   and 2 by a vehicle designed and used exclusively for recycling 
 53.7   while engaged in recycling in a political subdivision that 
 53.8   mandates curbside recycling pickup while engaged in such 
 53.9   collection, or by a vehicle that is designed and used 
 53.10  exclusively for collecting mixed municipal solid waste as 
 53.11  defined in section 115A.03, subdivision 21, while engaged in 
 53.12  such collection, is not subject to criminal penalties but is 
 53.13  subject to a civil penalty for excess weight under section 
 53.14  169.871. 
 53.15     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 53.16  following final enactment. 
 53.17     Sec. 70.  Minnesota Statutes 2002, section 169A.55, is 
 53.18  amended by adding a subdivision to read: 
 53.19     Subd. 3.  [REINSTATEMENT OF PROVISIONAL LICENSE.] The 
 53.20  commissioner shall not issue a provisional or regular driver's 
 53.21  license to a person whose provisional driver's license was 
 53.22  revoked for conviction as a juvenile of violating section 
 53.23  169A.20, 169A.33, or 169A.35; a provision of sections 169A.50 to 
 53.24  169A.53; or a crash-related moving violation, until the person, 
 53.25  following the violation, reaches the age of 18 and 
 53.26  satisfactorily: 
 53.27     (1) completes a formal course in driving instruction 
 53.28  approved by the commissioner of public safety; 
 53.29     (2) completes an additional three months' experience 
 53.30  operating a motor vehicle, as documented to the satisfaction of 
 53.31  the commissioner; 
 53.32     (3) completes the written examination for a driver's 
 53.33  license with a passing score; and 
 53.34     (4) complies with all other laws for reinstatement of a 
 53.35  provisional or regular driver's license, as applicable. 
 53.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 54.1   following final enactment. 
 54.2      Sec. 71.  Minnesota Statutes 2002, section 171.02, 
 54.3   subdivision 2, is amended to read: 
 54.4      Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
 54.5   EXEMPTIONS.] (a) Drivers' licenses shall be classified according 
 54.6   to the types of vehicles which may be driven by the holder of 
 54.7   each type or class of license.  The commissioner may, as 
 54.8   appropriate, subdivide the classes listed in this subdivision 
 54.9   and issue licenses classified accordingly.  Except as provided 
 54.10  in subdivision 2a, no class of license shall be valid to operate 
 54.11  a motorcycle, school bus, tank vehicle, double-trailer or 
 54.12  triple-trailer combination, vehicle transporting hazardous 
 54.13  materials, or bus, unless so endorsed. 
 54.14  There shall be four general classes of licenses as follows: 
 54.15     (b) Class D; valid for: 
 54.16     (1) operating all farm trucks operated by (i) the owner, 
 54.17  (ii) an immediate family member of the owner, (iii) an employee 
 54.18  of the owner not primarily employed to operate the farm truck, 
 54.19  within 150 miles of the farm, or (iv) an employee of the owner 
 54.20  employed during harvest to operate the farm truck for the first, 
 54.21  continuous transportation of agricultural products from the 
 54.22  production site or on-farm storage site to any other location 
 54.23  within 50 miles of that site; 
 54.24     (2) operating fire trucks and emergency fire equipment, 
 54.25  whether or not in excess of 26,000 pounds gross vehicle weight, 
 54.26  operated by a firefighter while on duty, or a tiller operator 
 54.27  employed by a fire department who drives the rear portion of a 
 54.28  midmount aerial ladder truck; 
 54.29     (3) operating recreational equipment as defined in section 
 54.30  168.011, subdivision 25, that is operated for personal use; 
 54.31     (4) operating all single-unit vehicles except vehicles with 
 54.32  a gross vehicle weight of more than 26,000 pounds, vehicles 
 54.33  designed to carry more than 15 passengers including the driver, 
 54.34  and vehicles that carry hazardous materials; ~~and~~ 
 54.35     (5) notwithstanding paragraph (c), operating a type A 
 54.36  school bus without a school bus endorsement if: 
 55.1      (i) the bus has a gross vehicle weight of 10,000 pounds or 
 55.2   less; 
 55.3      (ii) the bus is designed to transport 15 or fewer 
 55.4   passengers, including the driver; and 
 55.5      (iii) the requirements of subdivision 2a, paragraph (b), 
 55.6   are satisfied, as determined by the commissioner~~.~~ 
 55.7   ~~The holder of a class D license may also tow~~; 
 55.8      (6) towing vehicles if the combination of vehicles has a 
 55.9   gross vehicle weight of 26,000 pounds or less; and 
 55.10     (7) operating any vehicle or combination of vehicles when 
 55.11  the operator is a licensed peace officer while on duty. 
 55.12     (c) Class C; valid for:  
 55.13     (1) operating class D vehicles; 
 55.14     (2) with a hazardous materials endorsement, transporting 
 55.15  hazardous materials in class D vehicles; and 
 55.16     (3) with a school bus endorsement, operating school buses 
 55.17  designed to transport 15 or fewer passengers, including the 
 55.18  driver. 
 55.19     (d) Class B; valid for operating all vehicles in class C, 
 55.20  class D, and all other single-unit vehicles including, with a 
 55.21  passenger endorsement, buses.  The holder of a class B license 
 55.22  may tow only vehicles with a gross vehicle weight of 10,000 
 55.23  pounds or less. 
 55.24     (e) Class A; valid for operating any vehicle or combination 
 55.25  of vehicles. 
 55.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 55.27  following final enactment. 
 55.28     Sec. 72.  Minnesota Statutes 2002, section 171.05, is 
 55.29  amended by adding a subdivision to read: 
 55.30     Subd. 1b.  [INSTRUCTION PERMIT NOT ISSUED.] Notwithstanding 
 55.31  subdivision 1, the commissioner shall not issue an instruction 
 55.32  permit to a person under age 18 if the person has ever been 
 55.33  convicted of a violation of section 169A.20, 169A.33, or 
 55.34  169A.35; a violation of a provision of sections 169A.50 to 
 55.35  169A.53; or a crash-related moving violation. 
 55.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 56.1   following final enactment. 
 56.2      Sec. 73.  Minnesota Statutes 2002, section 171.05, 
 56.3   subdivision 2b, is amended to read: 
 56.4      Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
 56.5   (a) This subdivision applies to persons who have applied for and 
 56.6   received an instruction permit under subdivision 2. 
 56.7      (b) The permit holder may, with the permit in possession, 
 56.8   operate a motor vehicle, but must be accompanied by and be under 
 56.9   the supervision of a certified driver education instructor, the 
 56.10  permit holder's parent or guardian, or another licensed driver 
 56.11  age 21 or older.  The supervisor must occupy the seat beside the 
 56.12  permit holder. 
 56.13     (c) ~~The permit holder may operate a motor vehicle only when~~ 
 56.14  ~~every occupant under the age of 18 has a seat belt or child~~ 
 56.15  ~~passenger restraint system properly fastened.  A person who~~ 
 56.16  ~~violates this paragraph is subject to a fine of $25.  A peace~~ 
 56.17  ~~officer may not issue a citation for a violation of this~~ 
 56.18  ~~paragraph unless the officer lawfully stopped or detained the~~ 
 56.19  ~~driver of the motor vehicle for a moving violation as defined in~~ 
 56.20  ~~section 171.04, subdivision 1.  The commissioner shall not~~ 
 56.21  ~~record a violation of this paragraph on a person's driving~~ 
 56.22  ~~record.~~ 
 56.23     ~~(d)~~ The permit holder must maintain a driving record free 
 56.24  of convictions for moving violations, as defined in section 
 56.25  171.04, subdivision 1, and free of convictions for violation of 
 56.26  section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
 56.27  169A.53.  If the permit holder drives a motor vehicle in 
 56.28  violation of the law, the commissioner shall suspend, cancel, or 
 56.29  revoke the permit in accordance with the statutory section 
 56.30  violated. 
 56.31     Sec. 74.  Minnesota Statutes 2002, section 171.055, 
 56.32  subdivision 1, is amended to read: 
 56.33     Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
 56.34  The department may issue a provisional license, which must be 
 56.35  distinctive in appearance from a driver's license, to an 
 56.36  applicant who: 
 57.1      (1) has reached the age of 16 years; 
 57.2      (2) during the six months immediately preceding the 
 57.3   application for the provisional license has possessed an 
 57.4   instruction permit and has incurred (i) no convictions for a 
 57.5   violation of section 169A.20, 169A.33, 169A.35, or sections 
 57.6   169A.50 to 169A.53, (ii) no convictions for a crash-related 
 57.7   moving violation, and (iii) no convictions for a moving 
 57.8   violation that is not crash related; 
 57.9      (3) has successfully completed a course of driver education 
 57.10  in accordance with department rules; 
 57.11     (4) completes the required application, which must be 
 57.12  approved by (i) either parent when both reside in the same 
 57.13  household as the minor applicant or, if otherwise, then (ii) the 
 57.14  parent or spouse of the parent having custody or, in the event 
 57.15  there is no court order for custody, then (iii) the parent or 
 57.16  spouse of the parent with whom the minor is living or, if items 
 57.17  (i) to (iii) do not apply, then (iv) the guardian having custody 
 57.18  of the minor or, in the event a person under the age of 18 has 
 57.19  no living father, mother, or guardian, or is married or 
 57.20  otherwise legally emancipated, then (v) the applicant's adult 
 57.21  spouse, adult close family member, or adult employer; provided, 
 57.22  that the approval required by this clause contains a 
 57.23  verification of the age of the applicant and the identity of the 
 57.24  parent, guardian, adult spouse, adult close family member, or 
 57.25  adult employer; 
 57.26     (5) presents certification by the person who approves the 
 57.27  application under clause (4) stating that the applicant has 
 57.28  driven a motor vehicle accompanied by and under the supervision 
 57.29  of a licensed driver at least 21 years of age, for no less than 
 57.30  30 hours, at least ten of which were nighttime hours; and 
 57.31     (6) pays the fee required in section 171.06, subdivision 2. 
 57.32     (b) For purposes of this section, "moving violation" has 
 57.33  the meaning given it in section 171.04, subdivision 1. 
 57.34     (c) Notwithstanding paragraph (a), clause (2), the 
 57.35  commissioner shall not issue a provisional license to a person 
 57.36  who has ever incurred a conviction for violation of section 
 58.1   169A.20, 169A.33, or 169A.35; a violation of a provision of 
 58.2   sections 169A.50 to 169A.53; or a crash-related moving 
 58.3   violation, and at the time of the conviction the person did not 
 58.4   possess an instruction permit. 
 58.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 58.6   following final enactment. 
 58.7      Sec. 75.  Minnesota Statutes 2002, section 171.055, 
 58.8   subdivision 2, is amended to read: 
 58.9      Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) ~~A provisional~~ 
 58.10  ~~license holder may operate a motor vehicle only when every~~ 
 58.11  ~~occupant under the age of 18 has a seat belt or child passenger~~ 
 58.12  ~~restraint system properly fastened.  A person who violates this~~ 
 58.13  ~~paragraph is subject to a fine of $25.  A peace officer may not~~ 
 58.14  ~~issue a citation for a violation of this paragraph unless the~~ 
 58.15  ~~officer lawfully stopped or detained the driver of the motor~~ 
 58.16  ~~vehicle for a moving violation as defined in section 171.04.~~  
 58.17  ~~The commissioner shall not record a violation of this paragraph~~ 
 58.18  ~~on a person's driving record.~~  For the first six months after 
 58.19  receiving the license, a provisional license holder may not 
 58.20  operate a motor vehicle: 
 58.21     (1) with more than one passenger under the age of 21, 
 58.22  except immediate family members; or 
 58.23     (2) between 12:00 a.m. and 5:00 a.m., unless accompanied by 
 58.24  the driver's parent or guardian, or unless driving to or from 
 58.25  the driver's job or an activity sponsored by a school or 
 58.26  religious organization. 
 58.27     (b) If the holder of a provisional license during the 
 58.28  period of provisional licensing incurs (1) a conviction for a 
 58.29  violation of section 169A.20, 169A.33, 169A.35, or sections 
 58.30  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
 58.31  violation, (3) a conviction for a violation of a restriction 
 58.32  described in paragraph (a), or ~~(3)~~ (4) more than one conviction 
 58.33  for a moving violation that is not crash related, the person may 
 58.34  not be issued a driver's license until 12 consecutive months 
 58.35  have expired since the date of the conviction or until the 
 58.36  person reaches the age of 18 years, whichever occurs first. 
 59.1      Sec. 76.  Minnesota Statutes 2002, section 171.06, 
 59.2   subdivision 2a, is amended to read: 
 59.3      Subd. 2a.  [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 
 59.4   (a) The fee for any duplicate driver's license ~~which is~~ obtained 
 59.5   for the purpose of adding a two-wheeled vehicle endorsement is 
 59.6   increased by $18.50 for each first such duplicate license and 
 59.7   $13 for each renewal thereof.  The additional fee ~~shall~~ must be 
 59.8   paid into the state treasury and credited as follows: 
 59.9      (1) $11 of the additional fee for each first duplicate 
 59.10  license, and $7 of the additional fee for each renewal, must be 
 59.11  credited to the motorcycle safety fund, which is hereby created~~;~~ 
 59.12  ~~provided that any fee receipts in excess of $750,000 in a fiscal~~ 
 59.13  ~~year shall be credited 90 percent to the trunk highway fund and~~ 
 59.14  ~~ten percent to the general fund, as provided in section 171.26~~. 
 59.15     (2) The remainder of the additional fee must be credited to 
 59.16  the general fund, as provided in section 171.26. 
 59.17     (b) All application forms prepared by the commissioner for 
 59.18  two-wheeled vehicle endorsements ~~shall~~ must clearly state the 
 59.19  amount of the total fee that is dedicated to the motorcycle 
 59.20  safety fund. 
 59.21     Sec. 77.  Minnesota Statutes 2002, section 171.07, 
 59.22  subdivision 13, is amended to read: 
 59.23     Subd. 13.  [FIREARMS SAFETY DESIGNATION.] (a) When an 
 59.24  applicant has a record transmitted to the department as 
 59.25  described in paragraph (c) or presents: 
 59.26     (1) a firearms safety certificate issued for successfully 
 59.27  completing a firearms safety course administered under section 
 59.28  97B.015~~,~~; or 
 59.29     (2) an advanced hunter certificate issued for successfully 
 59.30  completing an advanced hunter education course administered 
 59.31  under section 97B.025, 
 59.32  and requests a driver's license or identification card described 
 59.33  in paragraph (b), the department shall issue, renew, or reissue 
 59.34  to the applicant a driver's license or Minnesota identification 
 59.35  card described in paragraph (b). 
 59.36     (b) Pursuant to paragraph (a), the department shall issue a 
 60.1   driver's license or Minnesota identification card bearing a 
 60.2   graphic or written indication that the applicant has 
 60.3   successfully completed a firearms safety course administered 
 60.4   under section 97B.015, an advanced hunter education course 
 60.5   administered under section 97B.025, or both of the described 
 60.6   courses. 
 60.7      (c) The department shall maintain in its records 
 60.8   information transmitted electronically from the commissioner of 
 60.9   natural resources identifying each person to whom the 
 60.10  commissioner has issued a firearms safety certificate or an 
 60.11  advanced hunter education certificate.  The records transmitted 
 60.12  from the Department of Natural Resources must contain the full 
 60.13  name and date of birth as required for the driver's license or 
 60.14  identification card.  Records that are not matched to a driver's 
 60.15  license or identification card record may be deleted after seven 
 60.16  years. 
 60.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 60.18     Sec. 78.  Minnesota Statutes 2002, section 171.13, 
 60.19  subdivision 1, is amended to read: 
 60.20     Subdivision 1.  [SUBJECTS TESTED.] Except as otherwise 
 60.21  provided in this section, the commissioner shall examine each 
 60.22  applicant for a driver's license by such agency as the 
 60.23  commissioner directs.  This examination must include a test of 
 60.24  applicant's eyesight; ability to read and understand highway 
 60.25  signs regulating, warning, and directing traffic; knowledge of 
 60.26  traffic laws; knowledge of the effects of alcohol and drugs on a 
 60.27  driver's ability to operate a motor vehicle safely and legally, 
 60.28  and of the legal penalties and financial consequences resulting 
 60.29  from violations of laws prohibiting the operation of a motor 
 60.30  vehicle while under the influence of alcohol or drugs; knowledge 
 60.31  of railroad grade crossing safety; knowledge of slow-moving 
 60.32  vehicle safety; knowledge of traffic laws related to bicycles; 
 60.33  knowledge of dangers of, and penalties for, leaving children 
 60.34  unattended in motor vehicles; an actual demonstration of ability 
 60.35  to exercise ordinary and reasonable control in the operation of 
 60.36  a motor vehicle; and other physical and mental examinations as 
 61.1   the commissioner finds necessary to determine the applicant's 
 61.2   fitness to operate a motor vehicle safely upon the highways, 
 61.3   provided, further however, no driver's license shall be denied 
 61.4   an applicant on the exclusive grounds that the applicant's 
 61.5   eyesight is deficient in color perception.  Provided, however, 
 61.6   that war veterans operating motor vehicles especially equipped 
 61.7   for handicapped persons, shall, if otherwise entitled to a 
 61.8   license, be granted such license.  The commissioner shall make 
 61.9   provision for giving these examinations either in the county 
 61.10  where the applicant resides or at a place adjacent thereto 
 61.11  reasonably convenient to the applicant. 
 61.12     Sec. 79.  Minnesota Statutes 2002, section 171.13, is 
 61.13  amended by adding a subdivision to read: 
 61.14     Subd. 1i.  [DRIVER'S MANUAL; UNATTENDED CHILDREN.] The 
 61.15  commissioner shall include in each edition of the driver's 
 61.16  manual published after August 1, 2004, information concerning 
 61.17  the dangers of, and penalties for, leaving children unattended 
 61.18  in motor vehicles, including the effect of solar heat on vehicle 
 61.19  interior temperature. 
 61.20     Sec. 80.  Minnesota Statutes 2002, section 171.13, is 
 61.21  amended by adding a subdivision to read: 
 61.22     Subd. 1j.  [DRIVER'S MANUAL; SAFETY AT EMERGENCY 
 61.23  SCENE.] The commissioner shall include in each edition of the 
 61.24  driver's manual published by the department after July 1, 2004, 
 61.25  a section relating to the responsibilities of motorists when 
 61.26  approaching an emergency or a stopped emergency vehicle on a 
 61.27  highway. 
 61.28     Sec. 81.  Minnesota Statutes 2002, section 171.13, is 
 61.29  amended by adding a subdivision to read: 
 61.30     Subd. 1k.  [DRIVER'S MANUAL; RESTRICTED DRIVING IN LEFT 
 61.31  LANE.] The commissioner shall include in each edition of the 
 61.32  driver's manual published by the department after August 1, 
 61.33  2004, instructions relating to the requirement to drive a motor 
 61.34  vehicle in the right-hand lane and the circumstances when a 
 61.35  driver is allowed to drive in the left-most lane of a multilane 
 61.36  highway under section 169.18, subdivision 10. 
 62.1      Sec. 82.  Minnesota Statutes 2002, section 171.13, 
 62.2   subdivision 2, is amended to read: 
 62.3      Subd. 2.  [EXAMINATION UPON RENEWAL.] The department shall 
 62.4   issue a driver's license upon renewal when: 
 62.5      (1) the applicant has passed an examination consisting of a 
 62.6   screening of the applicant's eyesight.  Screening of eyesight 
 62.7   required by this subdivision does not constitute the practice of 
 62.8   optometry as defined in section 148.56; 
 62.9      (2) an applicant who, since the last previous license 
 62.10  renewal or issuance, received a warning letter or attended a 
 62.11  preliminary hearing as a habitual violator, within the meaning 
 62.12  of Minnesota Rules, has passed a written examination; and 
 62.13     (3) an applicant who, since the last previous license 
 62.14  renewal or issuance, was at fault in two or more crashes or had 
 62.15  driving privileges suspended as a habitual violator, has passed 
 62.16  a road examination. 
 62.17  The commissioner may adopt rules to administer this subdivision. 
 62.18     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 62.19     Sec. 83.  Minnesota Statutes 2002, section 174.03, is 
 62.20  amended by adding a subdivision to read: 
 62.21     Subd. 2a.  [STATE AVIATION PLAN.] (a) Each revision of the 
 62.22  state transportation plan must include a chapter setting out a 
 62.23  state aviation plan.  The plan must include the following: 
 62.24     (1) an analysis of the projected commercial aviation needs 
 62.25  of the state over the next 20 years; 
 62.26     (2) a description of the present capacity, function, and 
 62.27  levels of activity at each commercial service airport as 
 62.28  designated by the Federal Aviation Administration, each airport 
 62.29  that the commissioner determines is likely to become a 
 62.30  commercial service airport in the next 20 years, and any other 
 62.31  airport that the commissioner determines should be included by 
 62.32  reason of commercial passenger or cargo service levels; and 
 62.33     (3) a description of the capacity, function, and levels of 
 62.34  activity that each airport identified in clause (2) must have in 
 62.35  order to carry out the plan's goal and objectives and meet the 
 62.36  needs described under clause (1). 
 63.1      (b) In assessing aviation needs and the capacity, function, 
 63.2   and level of activity at any airport, the plan must consider 
 63.3   both commercial passenger service and cargo service. 
 63.4      Sec. 84.  [174.032] [ADVISORY COUNCIL ON AVIATION 
 63.5   PLANNING.] 
 63.6      Subdivision 1.  [ADVISORY COUNCIL CREATED.] (a) The 
 63.7   commissioner shall create an advisory council on aviation 
 63.8   planning to advise the commissioner on the aviation chapter of 
 63.9   the state transportation plan.  The council consists of the 
 63.10  following members appointed by the commissioner except where 
 63.11  otherwise provided: 
 63.12     (1) one member of the Metropolitan Airports Commission; 
 63.13     (2) one representative of major commercial airlines; 
 63.14     (3) one representative of independent pilots who fly for 
 63.15  small business; 
 63.16     (4) one representative of the air cargo industry; 
 63.17     (5) two representatives of the business community unrelated 
 63.18  to aviation, one of whom must reside within the seven-county 
 63.19  metropolitan area and one of whom must reside outside that area; 
 63.20     (6) one representative of environmental interests; 
 63.21     (7) one employee of the Department of Transportation's 
 63.22  Office of Aeronautics; 
 63.23     (8) two representatives of neighborhoods that are 
 63.24  significantly affected by airplane noise; 
 63.25     (9) one representative of tier-two airports (Mankato, St. 
 63.26  Cloud, Duluth, Willmar, and Rochester); 
 63.27     (10) one member of the senate committee having jurisdiction 
 63.28  over transportation policy, appointed by the chair of that 
 63.29  committee; and 
 63.30     (11) one member of the house of representatives committee 
 63.31  having jurisdiction over transportation policy, appointed by the 
 63.32  chair of that committee. 
 63.33     (b) Members of the advisory council serve at the pleasure 
 63.34  of the appointing authority.  Members shall serve without 
 63.35  compensation. 
 63.36     Subd. 2.  [ADVISORY COUNCIL DUTIES.] (a) The advisory 
 64.1   council on aviation planning shall advise the commissioner on 
 64.2   the aviation planning chapter of the state transportation plan 
 64.3   required under section 174.03, subdivision 2a.  In carrying out 
 64.4   these duties the advisory council shall prepare an initial draft 
 64.5   of the chapter and submit it to the commissioner, revise the 
 64.6   draft if so requested by the commissioner, and comment to the 
 64.7   commissioner on any revisions to the draft the commissioner 
 64.8   makes.  In drafting the chapter the council shall consider: 
 64.9      (1) present and anticipated capacity needs of commercial 
 64.10  service airports, including limitations on expanding the 
 64.11  capacity of individual commercial service airports imposed by 
 64.12  state or local regulations, safety or environmental concerns, 
 64.13  and land uses near the airport that are incompatible with 
 64.14  airport operations; 
 64.15     (2) the needs of Minnesota residents and businesses for 
 64.16  passenger and cargo service, from both a statewide and regional 
 64.17  perspective; 
 64.18     (3) anticipated changes in commercial aircraft types and 
 64.19  characteristics; 
 64.20     (4) noise and other environmental impacts of aviation at 
 64.21  commercial service airports; 
 64.22     (5) trends in the aviation and airline industries; and 
 64.23     (6) relationship between aviation and other forms of 
 64.24  transportation covered by the state transportation plan. 
 64.25     (b) The advisory council may also make recommendations to 
 64.26  the commissioner, the Metropolitan Airports Commission, and the 
 64.27  legislature concerning the policy steps needed to implement the 
 64.28  chapter. 
 64.29     Subd. 3.  [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 
 64.30  The commissioner shall appoint the first advisory council by 
 64.31  July 1, 2004.  The council shall submit any recommendations it 
 64.32  makes to the legislature by January 15, 2005.  The terms of all 
 64.33  members of the advisory council serving on July 1, 2004, expire 
 64.34  on January 1, 2006. 
 64.35     (b) The commissioner shall appoint and convene a new 
 64.36  advisory council not less than two years before the date on 
 65.1   which each revision of the state transportation plan is required 
 65.2   under section 174.03, subdivision 1a.  Each such advisory 
 65.3   council must consist of members as prescribed in subdivision 1, 
 65.4   who shall serve on the same terms as set forth under subdivision 
 65.5   1.  Each such advisory council expires on the date on which the 
 65.6   revision of the state transportation plan becomes final. 
 65.7      Sec. 85.  [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM PLAN.] 
 65.8      The commissioner of transportation shall develop a plan for 
 65.9   a statewide system of ten-ton county and county state-aid 
 65.10  highways to, in order of priority: 
 65.11     (1) support the commissioner's interregional corridor 
 65.12  system; 
 65.13     (2) provide greater efficiencies for forestry, agriculture, 
 65.14  and other industries in transporting their products to market; 
 65.15  and 
 65.16     (3) provide new and existing manufacturing industries with 
 65.17  new growth opportunities. 
 65.18     Sec. 86.  Minnesota Statutes 2002, section 221.0314, 
 65.19  subdivision 9, is amended to read: 
 65.20     Subd. 9.  [HOURS OF SERVICE OF DRIVER.] Code of Federal 
 65.21  Regulations, title 49, part 395, is incorporated by reference, 
 65.22  except that paragraphs (a), (c), (d), (f), (h), (i), ~~(j)~~ (k), 
 65.23  (l), (m), and (n)~~, and (o)~~ of section 395.1 and section 395.13 
 65.24  of that part are not incorporated.  In addition, 
 65.25  cross-references to sections or paragraphs not incorporated in 
 65.26  this subdivision are not incorporated by reference.  The 
 65.27  requirements of Code of Federal Regulations, title 49, part 395, 
 65.28  do not apply to drivers of lightweight vehicles. 
 65.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 65.30  following final enactment. 
 65.31     Sec. 87.  [343.325] [ANIMAL PROTECTION.] 
 65.32     Subdivision 1.  [REQUIRED PRACTICE.] A person who 
 65.33  transports an animal on a public roadway in the cargo portion of 
 65.34  a motor vehicle must ensure that the animal is protected in a 
 65.35  manner that prevents the animal from falling, jumping, or being 
 65.36  thrown from the vehicle. 
 66.1      Subd. 2.  [COMPLIANCE.] A person complies with subdivision 
 66.2   1 if: 
 66.3      (1) the space is enclosed; 
 66.4      (2) the space has racks on all open sides with adequate 
 66.5   height and density to retain the animal; 
 66.6      (3) the animal is cross tethered to the vehicle; or 
 66.7      (4) the animal is transported in a cage or container 
 66.8   secured to the vehicle. 
 66.9      Subd. 3.  [EXCEPTION.] Subdivision 1 does not apply to a 
 66.10  farmer as defined in section 500.24 or a farm employee, 
 66.11  transporting a dog while the farmer or employee is engaged in 
 66.12  agricultural activities on the farm or within five miles of the 
 66.13  farm. 
 66.14     Sec. 88.  Minnesota Statutes 2002, section 462.352, is 
 66.15  amended by adding a subdivision to read: 
 66.16     Subd. 19.  [PLAT ROADWAY ELEMENTS.] "Plat roadway elements" 
 66.17  means the elements or portions of a plat relating to 
 66.18  right-of-way land dedicated to highway purposes, drainage, and 
 66.19  highway access control. 
 66.20     Sec. 89.  Minnesota Statutes 2002, section 462.358, 
 66.21  subdivision 3b, is amended to read: 
 66.22     Subd. 3b.  [REVIEW PROCEDURES.] The regulations shall 
 66.23  include provisions regarding the content of applications for 
 66.24  proposed subdivisions, the preliminary and final review and 
 66.25  approval or disapproval of applications, and the coordination of 
 66.26  such reviews with affected political subdivisions and state 
 66.27  agencies.  As provided in subdivision 3d, the regulations must 
 66.28  require an applicant to include in the application proof that 
 66.29  the proposed plat roadway elements were submitted to the county 
 66.30  engineer if the proposed subdivision abuts an existing or 
 66.31  proposed county highway, or to the commissioner of 
 66.32  transportation if the proposed subdivision abuts an existing or 
 66.33  proposed trunk highway.  Subdivisions including lands abutting 
 66.34  upon any existing or proposed trunk highway, county road or 
 66.35  highway, or county state-aid highway shall also be subject to 
 66.36  review.  The regulations may provide for the consolidation of 
 67.1   the preliminary and final review and approval or disapproval of 
 67.2   subdivisions.  Preliminary or final approval may be granted or 
 67.3   denied for parts of subdivision applications.  The regulations 
 67.4   may delegate the authority to review proposals to the planning 
 67.5   commission, but final approval or disapproval shall be the 
 67.6   decision of the governing body of the municipality unless 
 67.7   otherwise provided by law or charter.  The regulations shall 
 67.8   require that a public hearing shall be held on all subdivision 
 67.9   applications prior to preliminary approval, unless otherwise 
 67.10  provided by law or charter.  The hearing shall be held following 
 67.11  publication of notice of the time and place thereof in the 
 67.12  official newspaper at least ten days before the day of the 
 67.13  hearing.  At the hearing, all persons interested shall be given 
 67.14  an opportunity to make presentations.  The county engineer's or 
 67.15  commissioner of transportation's comments made as authorized by 
 67.16  section 505.03, subdivision 2, if any, must be entered on the 
 67.17  record at the public hearing and considered by the municipality. 
 67.18  A subdivision application shall be preliminarily approved or 
 67.19  disapproved within 120 days following delivery of an application 
 67.20  completed in compliance with the municipal ordinance by the 
 67.21  applicant to the municipality, unless an extension of the review 
 67.22  period has been agreed to by the applicant.  When a division or 
 67.23  subdivision to which the regulations of the municipality do not 
 67.24  apply is presented to the city, the clerk of the municipality 
 67.25  shall within ten days certify that the subdivision regulations 
 67.26  of the municipality do not apply to the particular division. 
 67.27     If the municipality or the responsible agency of the 
 67.28  municipality fails to preliminarily approve or disapprove an 
 67.29  application within the review period, the application shall be 
 67.30  deemed preliminarily approved, and upon demand the municipality 
 67.31  shall execute a certificate to that effect.  Following 
 67.32  preliminary approval the applicant may request final approval by 
 67.33  the municipality, and upon such request the municipality shall 
 67.34  certify final approval within 60 days if the applicant has 
 67.35  complied with all conditions and requirements of applicable 
 67.36  regulations and all conditions and requirements upon which the 
 68.1   preliminary approval is expressly conditioned either through 
 68.2   performance or the execution of appropriate agreements assuring 
 68.3   performance. If the municipality fails to certify final approval 
 68.4   as so required, and if the applicant has complied with all 
 68.5   conditions and requirements, the application shall be deemed 
 68.6   finally approved, and upon demand the municipality shall execute 
 68.7   a certificate to that effect.  After final approval a 
 68.8   subdivision may be filed or recorded. 
 68.9      Sec. 90.  Minnesota Statutes 2002, section 462.358, is 
 68.10  amended by adding a subdivision to read: 
 68.11     Subd. 3d.  [REVIEW OF PROPOSED PRELIMINARY PLATS ABUTTING 
 68.12  TRUNK HIGHWAYS OR COUNTY ROADS.] At least 30 days before filing 
 68.13  the subdivision application with the municipality, an applicant 
 68.14  must submit the proposed plat roadway elements to the county 
 68.15  engineer if the proposed preliminary plat abuts an existing or 
 68.16  proposed county road or to the commissioner of transportation if 
 68.17  the proposed preliminary plat abuts an existing or proposed 
 68.18  trunk highway.  The subdivision application to the municipality 
 68.19  must include proof that the proposed plat roadway elements were 
 68.20  submitted timely to the county engineer or commissioner of 
 68.21  transportation. 
 68.22     Sec. 91.  Minnesota Statutes 2002, section 505.03, 
 68.23  subdivision 2, is amended to read: 
 68.24     Subd. 2.  [PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed 
 68.25  preliminary plat in a city, town, or county, which includes 
 68.26  lands abutting upon any existing or established trunk highway or 
 68.27  proposed highway which has been designated by a centerline order 
 68.28  filed in the office of the county recorder shall first be 
 68.29  presented by the city, town, or county to the commissioner of 
 68.30  transportation for written comments and recommendations.  
 68.31  Preliminary plats in a city or town involving both a trunk 
 68.32  highway and a highway under county jurisdiction shall be 
 68.33  submitted by the city or town to the county highway engineer as 
 68.34  provided in paragraphs (b) and (c) and to the commissioner of 
 68.35  transportation.  Plats shall be submitted by the city, town, or 
 68.36  county to the commissioner of transportation for review at least 
 69.1   30 days prior to the home rule charter or statutory city, town 
 69.2   or county ~~taking final action~~ public hearing on the preliminary 
 69.3   plat under section 462.358, subdivision 3b.  The commissioner of 
 69.4   transportation shall submit the written comments and 
 69.5   recommendations to the city, town, or county within 30 days 
 69.6   after receipt by the commissioner of such a plat.  Final action 
 69.7   on such plat by the city, town, or county shall not be taken 
 69.8   until after these required comments and recommendations have 
 69.9   been received or until the 30-day period has elapsed. 
 69.10     (b) Any proposed preliminary plat or initial plat filing 
 69.11  that includes land located in a city or town bordering an 
 69.12  existing or proposed county road, highway, or county state-aid 
 69.13  highway that is designated on a map or county highway plan filed 
 69.14  in the office of the county recorder or registrar of titles, 
 69.15  must be submitted by the city or town to the county engineer 
 69.16  within five business days after receipt by the city or town of 
 69.17  the preliminary plat or initial plat filing for written comments 
 69.18  and recommendations.  The county engineer's review shall be 
 69.19  limited to factors of county significance in conformance with 
 69.20  adopted county guidelines developed through a public hearing or 
 69.21  a comprehensive planning process with comment by the cities and 
 69.22  towns.  The guidelines must provide for development and 
 69.23  redevelopment scenarios, allow for variances, and reflect 
 69.24  consideration of city or town adopted guidelines.  
 69.25     (c) Within 30 days after county receipt from the city or 
 69.26  town of the preliminary plat or initial plat filing, the county 
 69.27  engineer shall provide to the city or town written comments 
 69.28  stating whether the plat meets county guidelines and describing 
 69.29  any modifications necessary to bring the plat into conformity 
 69.30  with the county guidelines.  No city or town may approve a 
 69.31  preliminary plat until it has received the county engineer's 
 69.32  written comments and recommendations or until the county 
 69.33  engineer's comment period has expired, whichever occurs first.  
 69.34  Within ten business days following a city's or town's approval 
 69.35  of a preliminary plat, the city or town shall submit to the 
 69.36  county board notice of its approval, along with a statement 
 70.1   addressing the disposition of any written comments or 
 70.2   recommendations made by the county engineer.  In the event the 
 70.3   city or town does not amend the plat to conform to the 
 70.4   recommendations made by the county engineer, representatives 
 70.5   from the county and city or town shall meet to discuss the 
 70.6   differences and determine whether changes to the plat are 
 70.7   appropriate prior to final approval.  This requirement shall not 
 70.8   extend the time deadlines for preliminary or final approval as 
 70.9   required under this section, section ~~15.99 or~~ 462.358, or any 
 70.10  other law, nor shall this requirement prohibit final approval as 
 70.11  required by this section. 
 70.12     (d) A legible preliminary drawing or print of a proposed 
 70.13  preliminary plat shall be acceptable for purposes of review by 
 70.14  the commissioner of transportation or the county highway 
 70.15  engineer.  To such drawing or print there shall be attached a 
 70.16  written statement describing; (1) the outlet for and means of 
 70.17  disposal of surface waters from the proposed platted area, (2) 
 70.18  the land use designation or zoning category of the proposed 
 70.19  platted area, (3) the locations of ingress and egress to the 
 70.20  proposed platted area, and (4) a preliminary site plan for the 
 70.21  proposed platted area, with dimensions to scale, authenticated 
 70.22  by a registered engineer or land surveyor, showing the existing 
 70.23  or proposed state highway, county road, or county highway and 
 70.24  all existing and proposed rights-of-way, easements, general lot 
 70.25  layouts, and lot dimensions.  Failure to obtain the written 
 70.26  comments and recommendations of the commissioner of 
 70.27  transportation or the county highway engineer shall in no manner 
 70.28  affect the title to the lands included in the plat or the 
 70.29  platting of said lands.  A city, town, or county shall file with 
 70.30  the plat, in the office of the county recorder or registrar of 
 70.31  titles, a certificate or other evidence showing submission of 
 70.32  the preliminary plat to the commissioner or county highway 
 70.33  engineer in compliance with this subdivision. 
 70.34     Sec. 92.  Minnesota Statutes 2002, section 609.855, 
 70.35  subdivision 1, is amended to read: 
 70.36     Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES; 
 71.1   MISDEMEANOR.] A person is guilty of a misdemeanor who 
 71.2   intentionally obtains or attempts to obtain service for himself, 
 71.3   herself, or another person from a provider of public 
 71.4   transit ~~service~~ or from a public conveyance~~,~~ by doing any of the 
 71.5   following: 
 71.6      (1) occupies or rides in any public transit vehicle without 
 71.7   paying the ~~required~~ applicable fare or otherwise obtaining the 
 71.8   consent of ~~an authorized~~ the transit ~~representative.~~ provider 
 71.9   including: 
 71.10     (i) the use of a reduced fare when a person is not eligible 
 71.11  for such a fare; or 
 71.12     (ii) the use of a fare media issued solely for the use of a 
 71.13  particular individual by another individual; 
 71.14     (2) presents falsified, counterfeit, photocopied, or other 
 71.15  deceptively manipulated fare media as fare payment or proof of 
 71.16  fare payment; 
 71.17     (3) sells, provides, copies, reproduces, or creates any 
 71.18  version of any fare media without the consent of the transit 
 71.19  provider; or 
 71.20     (4) puts or attempts to put any of the following into any 
 71.21  fare box, pass reader, ticket vending machine, or other fare 
 71.22  collection equipment of a transit provider: 
 71.23     (i) papers, articles, instruments, or items other than fare 
 71.24  media or currency; or 
 71.25     (ii) fare media that is not valid for the place or time at, 
 71.26  or the manner in, which it is used. 
 71.27     Where self-service barrier-free fare collection is utilized 
 71.28  by a public transit provider, it is a violation of this 
 71.29  subdivision to intentionally fail to exhibit proof of fare 
 71.30  payment upon the request of an authorized transit representative 
 71.31  when entering, riding upon, or leaving a transit vehicle or when 
 71.32  present in a designated paid fare zone located in a transit 
 71.33  facility. 
 71.34     Sec. 93.  Minnesota Statutes 2002, section 609.855, is 
 71.35  amended by adding a subdivision to read: 
 71.36     Subd. 7.  [DEFINITIONS.] (a) The definitions in this 
 72.1   subdivision apply in this section.  
 72.2      (b) "Public transit" or "transit" has the meaning given in 
 72.3   section 174.22, subdivision 7. 
 72.4      (c) "Public transit vehicle" or "transit vehicle" means any 
 72.5   vehicle used for the purpose of providing public transit, 
 72.6   whether or not the vehicle is owned or operated by a public 
 72.7   entity. 
 72.8      (d) "Public transit facilities" or "transit facilities" 
 72.9   means any vehicles, equipment, property, structures, stations, 
 72.10  improvements, plants, parking or other facilities, or rights 
 72.11  that are owned, leased, held, or used for the purpose of 
 72.12  providing public transit, whether or not the facility is owned 
 72.13  or operated by a public entity. 
 72.14     (e) "Fare media" means any tickets, smart cards, passes, 
 72.15  coupons, tokens, transfers, or other media sold or distributed 
 72.16  by a public transit provider, or its authorized agents, for use 
 72.17  in gaining entry to or use of the public transit facilities or 
 72.18  vehicles of the provider. 
 72.19     (f) "Proof of fare payment" means a fare media valid for 
 72.20  the place or time at, or the manner in, which it is used.  If 
 72.21  using a reduced-fare media, proof of fare payment also includes 
 72.22  proper identification demonstrating a person's eligibility for 
 72.23  the reduced fare.  If using a fare media issued solely for the 
 72.24  use of a particular individual, proof of fare payment also 
 72.25  includes an identification document bearing a photographic 
 72.26  likeness of the individual and demonstrating that the individual 
 72.27  is the person to whom the fare media is issued. 
 72.28     (g) "Authorized transit representative" means the person 
 72.29  authorized by the transit provider to operate the transit 
 72.30  vehicle, a peace officer, or any other person designated by the 
 72.31  transit provider as an authorized transit provider under this 
 72.32  section. 
 72.33     Sec. 94.  [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST 
 72.34  AREAS.] 
 72.35     Until July 1, 2005, the commissioner of transportation may 
 72.36  not close any trunk highway or interstate highway safety rest 
 73.1   area that was open on January 1, 2004, or substantially reduce 
 73.2   the hours of operation of such a rest area below the hours of 
 73.3   operation in effect on January 1, 2004.  
 73.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 73.5   following final enactment. 
 73.6      Sec. 95.  [REPORT ON USE OF CREDIT CARDS BY DEPUTY 
 73.7   REGISTRARS.] 
 73.8      The commissioner of administration shall develop a plan to 
 73.9   allow deputy registrars to avoid or minimize the payment of 
 73.10  transaction fees and costs relating to the acceptance of credit 
 73.11  card charges, and report the plan to the chairs of the house and 
 73.12  senate committees having jurisdiction over transportation 
 73.13  policy, no later than January 10, 2005.  The commissioner shall 
 73.14  identify any statutory changes necessary to implement the plan. 
 73.15     Sec. 96.  [INSTRUCTION TO REVISOR.] 
 73.16     The revisor of statutes shall renumber each section or 
 73.17  subdivision of Minnesota Statutes listed in column A with the 
 73.18  number listed in column B.  The revisor shall also make 
 73.19  necessary cross-reference changes consistent with the 
 73.20  renumbering. 
 73.21             Column A                     Column B
 73.22             160.27, subdivision 5        160.2715
 73.23             160.277, subdivision 1       160.276, subdivision 2a
 73.24             160.277, subdivision 2       160.276, subdivision 3a
 73.25             160.277, subdivision 3       160.276, subdivision 8
 73.26             160.278, subdivision 1       160.276, subdivision 6
 73.27             160.278, subdivision 3       160.276, subdivision 7
 73.28             160.28, subdivision 2        160.273
 73.29     Sec. 97.  [REPEALER.] 
 73.30     Minnesota Statutes 2002, section 174.50, subdivision 4, is 
 73.31  repealed. 
 73.32     Sec. 98.  [EFFECTIVE DATE.] 
 73.33     Sections 59, 92, and 93 are effective the day following 
 73.34  final enactment and apply in the counties of Anoka, Carver, 
 73.35  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 73.36                             ARTICLE 2
 74.1                           CAPITAL PROJECTS 
 74.2      Section 1.  [TRUNK HIGHWAY FUND APPROPRIATIONS.] 
 74.3      Subdivision 1.  [ANALOG TO DIGITAL CONVERSION.] $3,000,000 
 74.4   is appropriated to the commissioner of transportation from the 
 74.5   trunk highway fund to continue the conversion of the existing 
 74.6   analog microwave backbone equipment to digital equipment.  This 
 74.7   appropriation is available until expended. 
 74.8      Subd. 2.  [SMALL CAPITAL PROJECTS.] $4,400,000 is 
 74.9   appropriated to the commissioner of transportation from the 
 74.10  trunk highway fund to design, construct, furnish, and equip 
 74.11  statewide building projects, consisting of truck stations, salt 
 74.12  storage facilities, cold storage facilities, and Mankato 
 74.13  headquarters site work.  Of this amount, $600,000 is for the 
 74.14  department's share of the feasibility studies, design, site 
 74.15  preparation, and upgrade of common utility services for a joint 
 74.16  use truck station and public works facility with Pope County.  
 74.17  This appropriation is available until expended. 
 74.18     Sec. 2.  [TRUNK HIGHWAY BOND PROCEEDS ACCOUNT 
 74.19  APPROPRIATIONS.] 
 74.20     Subdivision 1.  [EXTERIOR REPAIR OF TRANSPORTATION 
 74.21  BUILDING.] $3,383,000 is appropriated to the commissioner of 
 74.22  transportation from the trunk highway bond proceeds account to 
 74.23  repair and renovate the exterior of the Department of 
 74.24  Transportation building at 395 John Ireland Boulevard in St. 
 74.25  Paul.  This appropriation is available until expended. 
 74.26     Subd. 2.  [MANKATO HEADQUARTERS BUILDING.] $15,300,000 is 
 74.27  appropriated to the commissioner of transportation from the 
 74.28  trunk highway bond proceeds account to design, construct, 
 74.29  furnish, and equip a new district headquarters facility in 
 74.30  Mankato.  This appropriation is available until expended. 
 74.31     Sec. 3.  [BOND SALE.] 
 74.32     To provide the money appropriated by section 2 from the 
 74.33  bond proceeds account in the trunk highway fund, the 
 74.34  commissioner of finance shall sell and issue bonds of the state 
 74.35  in an amount up to $18,683,000 in the manner, on the terms, and 
 74.36  with the effect prescribed by Minnesota Statutes, sections 
 75.1   167.50 to 167.52, and by the Minnesota Constitution, article 
 75.2   XIV, section 11.