1.1    .................... moves to amend H.F. No. 3800 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:
1.6    Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following
1.7vehicles are exempt from the provisions of this chapter requiring payment of tax and
1.8registration fees, except as provided in subdivision 1c:
1.9    (1) vehicles owned and used solely in the transaction of official business by the
1.10federal government, the state, or any political subdivision;
1.11    (2) vehicles owned and used exclusively by educational institutions and used solely
1.12in the transportation of pupils to and from those institutions;
1.13    (3) vehicles used solely in driver education programs at nonpublic high schools;
1.14    (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
1.15persons for charitable, religious, or educational purposes;
1.16    (5) ambulances owned by ambulance services licensed under section 144E.10, the
1.17general appearance of which is unmistakable; and
1.18    (6) vehicles owned by a commercial driving school licensed under section 171.34,
1.19or an employee of a commercial driving school licensed under section 171.34, and the
1.20vehicle is used exclusively for driver education and training.
1.21    (b) Vehicles owned by the federal government, municipal fire apparatuses including
1.22fire-suppression support vehicles, police patrols, and ambulances, the general appearance
1.23of which is unmistakable, are not required to register or display number plates.
1.24    (c) Unmarked vehicles used in general police work, liquor investigations, or arson
1.25investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
1.26the Department of Corrections, must be registered and must display appropriate license
2.1number plates, furnished by the registrar at cost. Original and renewal applications for
2.2these license plates authorized for use in general police work and for use by the Department
2.3of Corrections must be accompanied by a certification signed by the appropriate chief of
2.4police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
2.5the commissioner of corrections if issued to a Department of Corrections vehicle, or the
2.6appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
2.7The certification must be on a form prescribed by the commissioner and state that the
2.8vehicle will be used exclusively for a purpose authorized by this section.
2.9    (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
2.10fraud unit, in conducting seizures or criminal investigations must be registered and must
2.11display passenger vehicle classification license number plates, furnished at cost by the
2.12registrar. Original and renewal applications for these passenger vehicle license plates
2.13must be accompanied by a certification signed by the commissioner of revenue or the
2.14commissioner of labor and industry. The certification must be on a form prescribed by
2.15the commissioner and state that the vehicles will be used exclusively for the purposes
2.16authorized by this section.
2.17    (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
2.18Department of Health must be registered and must display passenger vehicle classification
2.19license number plates. These plates must be furnished at cost by the registrar. Original
2.20and renewal applications for these passenger vehicle license plates must be accompanied
2.21by a certification signed by the commissioner of health. The certification must be on a
2.22form prescribed by the commissioner and state that the vehicles will be used exclusively
2.23for the official duties of the Division of Disease Prevention and Control.
2.24    (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
2.25investigations and reviews must be registered and must display passenger vehicle
2.26classification license number plates. These plates must be furnished at cost by the
2.27registrar. Original and renewal applications for these passenger vehicle license plates must
2.28be accompanied by a certification signed by the board chair. The certification must be on a
2.29form prescribed by the commissioner and state that the vehicles will be used exclusively
2.30for the official duties of the Gambling Control Board.
2.31    (g) Each state hospital and institution for persons who are mentally ill and
2.32developmentally disabled may have one vehicle without the required identification on
2.33the sides of the vehicle. The vehicle must be registered and must display passenger
2.34vehicle classification license number plates. These plates must be furnished at cost by the
2.35registrar. Original and renewal applications for these passenger vehicle license plates must
2.36be accompanied by a certification signed by the hospital administrator. The certification
3.1must be on a form prescribed by the commissioner and state that the vehicles will be used
3.2exclusively for the official duties of the state hospital or institution.
3.3    (h) Each county social service agency may have vehicles used for child and
3.4vulnerable adult protective services without the required identification on the sides of the
3.5vehicle. The vehicles must be registered and must display passenger vehicle classification
3.6license number plates. These plates must be furnished at cost by the registrar. Original
3.7and renewal applications for these passenger vehicle license plates must be accompanied
3.8by a certification signed by the agency administrator. The certification must be on a form
3.9prescribed by the commissioner and state that the vehicles will be used exclusively for the
3.10official duties of the social service agency.
3.11    (g) (i) All other motor vehicles must be registered and display tax-exempt number
3.12plates, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles
3.13required to display tax-exempt number plates must have the name of the state department
3.14or political subdivision, nonpublic high school operating a driver education program, or
3.15licensed commercial driving school, or other qualifying organization or entity, plainly
3.16displayed on both sides of the vehicle; except that each state hospital and institution for
3.17persons who are mentally ill and developmentally disabled may have one vehicle without
3.18the required identification on the sides of the vehicle, and county social service agencies
3.19may have vehicles used for child and vulnerable adult protective services without the
3.20required identification on the sides of the vehicle. This identification must be in a color
3.21giving contrast with that of the part of the vehicle on which it is placed and must endure
3.22throughout the term of the registration. The identification must not be on a removable
3.23plate or placard and must be kept clean and visible at all times; except that a removable
3.24plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
3.25to a nonpublic high school driver education program.

3.26    Sec. 2. Minnesota Statutes 2006, section 168.012, is amended by adding a subdivision
3.27to read:
3.28    Subd. 2c. Spotter trucks. Spotter trucks, as defined in section 169.01, subdivision
3.297a, must not be taxed as motor vehicles using the public streets and highways, and are
3.30exempt from the provisions of this chapter.
3.31EFFECTIVE DATE.This section is effective the day following final enactment
3.32and expires June 30, 2013.

3.33    Sec. 3. Minnesota Statutes 2007 Supplement, section 168.017, subdivision 3, is
3.34amended to read:
4.1    Subd. 3. Exceptions. (a) The registrar shall register all vehicles subject to
4.2registration under the monthly series system for a period of 12 consecutive calendar
4.3months, unless:
4.4    (1) the application is an original rather than renewal application; or
4.5    (2) the application is for quarterly registration under section 168.018; or
4.6    (2) (3) the applicant is a licensed motor vehicle lessor under section 168.27 and the
4.7vehicle is leased or rented for periods of time of not more than 28 days , in which case
4.8the applicant may apply for initial or renewed registration of a vehicle for a period of
4.9four or more months, with the month of expiration to be designated by the applicant at
4.10the time of registration.
4.11    However, (b) To qualify for this the exemption under paragraph (a), clause (3), the
4.12applicant must (1) present the application to the registrar at St. Paul, or a designated
4.13deputy registrar office, and (2) stamp in red, on the certificate of title, the phrase "The
4.14expiration month of this vehicle is ....." with the blank filled in with the month of expiration
4.15as if the vehicle is being registered for a period of 12 calendar months.
4.16    (b) (c) In any instance except that of a licensed motor vehicle lessor, the registrar
4.17shall not approve registering the vehicle subject to the application for a period of less
4.18than three months, except when the registrar determines that to do otherwise will help to
4.19equalize the registration and renewal work load of the department.

4.20    Sec. 4. Minnesota Statutes 2006, section 168.018, is amended to read:
4.21168.018 QUARTERLY REGISTRATION OF FARM TRUCKS.
4.22    (a) The owner of any of the following vehicles may elect to register and license the
4.23vehicle only for one or more quarters of a registration year:
4.24    (1) any farm truck as defined in section 168.011, subdivision 17, or;
4.25    (2) a truck owned by a retailer who is engaged in the intrastate transportation of
4.26fertilizer or agricultural chemicals directly to a farm for on-farm use within a radius of 50
4.27miles of the retailer's business location, may elect to register and license the truck only for
4.28one or more quarters of a registration year, at a;
4.29    (3) a trailer registered at a gross vehicle weight of greater than 15,000 pounds; or
4.30    (4) a truck-tractor.
4.31    (b) The rate of tax of is one-fourth of the annual tax on the vehicle plus $5 for each
4.32quarterly registration. The owner may not apply for quarterly registration or renewal
4.33until seven days before the selected quarter or concurrent quarters. The expiration date
4.34of a registration shall be displayed on the license plate in such a manner as the registrar
4.35shall direct. No truck vehicle registered on a quarterly basis shall be operated on the
5.1public streets and highways more than ten days beyond the end of the quarter for which
5.2it is registered unless the registration has been renewed for another quarter or for the
5.3remainder of the registration year.
5.4    (b) (c) For purposes of this section registration quarters shall begin on March 1, June
5.51, September 1, and December 1.

5.6    Sec. 5. Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read:
5.7    Subd. 7. Display of temporary permit; special plates. (a) A vehicle that displays a
5.8special Minnesota plate issued under section 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or
5.92d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129, chapter 168 may display a
5.10temporary permit in conjunction with expired registration if:
5.11    (1) the current registration tax and all other fees and taxes have been paid in full; and
5.12    (2) the plate requires replacement under section 168.12, subdivision 1, paragraph
5.13(d), clause (3) has been applied for.
5.14    (b) A vehicle that is registered under section 168.10 may display a temporary permit
5.15in conjunction with expired registration, with or without a registration plate, if:
5.16    (1) the plates have been applied for and;
5.17    (2) the registration tax has and other fees and taxes have been paid in full, as
5.18provided for in section 168.10; and
5.19    (2) (3) either the vehicle is used solely as a collector vehicle while displaying the
5.20temporary permit and not used for general transportation purposes or the vehicle was
5.21issued a 21-day permit under section 168.092, subdivision 1.
5.22    (c) The permit is valid for a period of 60 days. The permit must be in a format
5.23prescribed by the commissioner and whenever practicable must be posted upon the
5.24driver's side of the rear window on the inside of the vehicle. The permit is valid only for
5.25the vehicle for which it was issued to allow a reasonable time for the new plates to be
5.26manufactured and delivered to the applicant.

5.27    Sec. 6. Minnesota Statutes 2006, section 168.185, is amended to read:
5.28168.185 USDOT NUMBERS.
5.29    (a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having a
5.30gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision
5.3146 , other than a farm truck that is not used in interstate commerce, shall report to the
5.32registrar commissioner at the time of registration its USDOT carrier number. A person
5.33subject to this paragraph who does not have a USDOT number shall apply for the number
5.34at the time of registration by completing a form MCS-150 Motor Carrier Identification
5.35Report, issued by the Federal Motor Carrier Safety Administration, or comparable
6.1document as determined by the registrar commissioner. The registrar commissioner shall
6.2not assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.
6.3    (b) Assigned USDOT numbers need not be displayed on the outside of the
6.4vehicle, but must be made available upon request of an authorized agent of the registrar
6.5commissioner, peace officer, other employees of the State Patrol authorized in chapter
6.6299D, or employees of the Minnesota Department of Transportation. The vehicle owner
6.7shall notify the registrar commissioner if there is a change to the owner's USDOT number.
6.8    (c) If an owner fails to report or apply for a USDOT number, the registrar
6.9commissioner shall suspend the owner's registration.
6.10    (d) Until October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural
6.11fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer
6.12or agricultural chemicals to a farmer for on-farm use. This section does not apply to
6.13(1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used
6.14in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used
6.15solely in the transaction of official business by the federal government, the state, or any
6.16political subdivision.

6.17    Sec. 7. Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:
6.18    Subdivision 1. No certificate issued. The registrar shall not issue a certificate of
6.19title for:
6.20    (1) a vehicle owned by the United States;
6.21    (2) a vehicle owned by a nonresident and not required by law to be registered in
6.22this state;
6.23    (3) a vehicle owned by a nonresident and regularly engaged in the interstate
6.24transportation of persons or property for which a currently effective certificate of title
6.25has been issued in another state;
6.26    (4) a vehicle moved solely by animal power;
6.27    (5) an implement of husbandry;
6.28    (6) special mobile equipment;
6.29    (7) a self-propelled wheelchair or invalid tricycle;
6.30    (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
6.31holds an interest in the trailer or a certificate of title was previously issued by this state or
6.32any other state or (ii) designed primarily for agricultural purposes except a recreational
6.33vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;
6.34    (9) a snowmobile.; and
6.35    (10) a spotter truck, as defined in section 169.01, subdivision 7a.
7.1EFFECTIVE DATE.This section is effective the day following final enactment
7.2and expires June 30, 2013.

7.3    Sec. 8. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:
7.4    Subd. 2. Sale after 45 days or title transfer. An (a) If an unauthorized vehicle is
7.5impounded, other than by the city of Minneapolis or the city of St. Paul, the impounded
7.6vehicle is eligible for disposal or sale under section 168B.08, the earlier of:
7.7    (1) 45 days after notice to the owner, if the vehicle is determined to be an
7.8unauthorized vehicle that was not impounded by the city of Minneapolis or the city of
7.9St. Paul; or
7.10    (2) the date of a voluntary written title transfer by the registered owner to the
7.11impound lot operator.
7.12    (b) A voluntary written title transfer constitutes a waiver by the registered owner of
7.13any right, title, and interest in the vehicle.

7.14    Sec. 9. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:
7.15    Subdivision 1. Contents; Written notice given within five days of impound. (a)
7.16When an impounded vehicle is taken into custody, the unit of government or impound lot
7.17operator taking it into custody shall give written notice of the taking within five days to
7.18the registered vehicle owner and any lienholders.
7.19    (b) The notice shall must:
7.20    (1) set forth the date and place of the taking,;
7.21    (2) provide the year, make, model, and serial number of the impounded motor
7.22vehicle, if such information can be reasonably obtained, and the place where the vehicle
7.23is being held,;
7.24    (2) (3) inform the owner and any lienholders of their right to reclaim the vehicle
7.25under section 168B.07, and;
7.26    (3) (4) state that failure of the owner or lienholders to:
7.27    (i) exercise their right to reclaim the vehicle and contents within the appropriate time
7.28allowed under section 168B.051, subdivision 1, 1a, or 2, shall be deemed and under the
7.29conditions set forth in section 168B.07, subdivision 1, constitutes a waiver by them of all
7.30right, title, and interest in the vehicle and contents and a consent to the transfer of title to
7.31and disposal or sale of the vehicle and contents pursuant to section 168B.08; or
7.32    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
7.33time allowed and under the conditions set forth in section 168B.07, subdivision 3,
7.34constitutes a waiver by them of all right, title, and interest in the contents and consent to
7.35sell or dispose of the contents under section 168B.08; and
8.1    (5) state that a vehicle owner who provides to the impound lot operator
8.2documentation from a government or nonprofit agency or legal aid office that the owner
8.3is homeless, receives relief based on need, is eligible for legal aid services, or has a
8.4household income at or below 50 percent of state median income has the unencumbered
8.5right to retrieve any and all contents without charge.

8.6    Sec. 10. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:
8.7    Subd. 3. Unauthorized vehicle; second notice. If an unauthorized vehicle remains
8.8unclaimed after 30 days from the date the notice was sent under subdivision 2, a second
8.9notice shall must be sent by certified mail, return receipt requested, to the registered owner,
8.10if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

8.11    Sec. 11. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision
8.12to read:
8.13    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:
8.14    (1) "contents" does not include any permanently affixed mechanical or
8.15nonmechanical automobile parts; automobile body parts; or automobile accessories,
8.16including audio or video players; and
8.17    (2) "relief based on need" includes, but is not limited to, receipt of MFIP
8.18and Diversionary Work Program, medical assistance, general assistance, general
8.19assistance medical care, emergency general assistance, Minnesota supplemental aid,
8.20MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
8.21assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota
8.22working family tax credit.
8.23    (b) A unit of government or impound lot operator shall establish reasonable
8.24procedures for retrieval of vehicle contents, and may establish reasonable procedures to
8.25protect the safety and security of the impound lot and its personnel.
8.26    (c) At any time before the expiration of the waiting periods provided in section
8.27168B.051, a registered owner who provides documentation from a government or
8.28nonprofit agency or legal aid office that the registered owner is homeless, receives relief
8.29based on need, is eligible for legal aid services, or has a household income at or below 50
8.30percent of state median income has the unencumbered right to retrieve any and all contents
8.31without charge and regardless of whether the registered owner pays incurred charges or
8.32fees, transfers title, or reclaims the vehicle.
8.33    (d) At any time before the expiration of the waiting periods provided in section
8.34168B.051, a registered owner other than a registered owner described in paragraph (c)
8.35has the unencumbered right to retrieve the following contents: medicine; medical-related
9.1items and equipment; clothing; eyeglasses; educational materials; and legal documents,
9.2including, but not limited to, a driver's license, identification, passports, insurance
9.3documents, any other documents related to a pending or concluded judicial or
9.4administrative proceeding, tax returns, and documents indicating receipt of or eligibility
9.5for public benefit programs. This provision does not prohibit the return of other contents
9.6at the discretion of the impound lot operator.
9.7    (e) An impound lot operator is not required to return any contents to a person who is
9.8not the registered owner of the impounded vehicle, other than legal documents. Legal
9.9documents include, but are not limited to, driver's license, identification, passports,
9.10insurance documents, any other documents related to a pending or concluded judicial or
9.11administrative proceeding, and tax returns. An impound lot operator is not required to
9.12return any contents to a person who is not the registered owner after the expiration of
9.13the waiting periods provided in section 168B.051, or if the registered owner voluntarily
9.14transfers title to the impound lot operator under section 168B.051, subdivision 2.

9.15    Sec. 12. Minnesota Statutes 2006, section 168B.07, is amended by adding a
9.16subdivision to read:
9.17    Subd. 4. Waiver of rights. The failure of the registered owner or lienholders to
9.18exercise the right to reclaim the vehicle before the expiration of the waiting periods
9.19provided under section 168B.051 constitutes a waiver of all right, title, and interest in
9.20the vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle
9.21under section 168B.08. The failure of the registered owner to exercise the right provided
9.22under subdivision 3 constitutes a waiver of all right, title, and interest in the contents and
9.23a consent to the transfer of title to, and disposal or sale of, the contents under section
9.24168B.08.

9.25    Sec. 13. Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:
9.26    Subdivision 1. Auction or sale. (a) If an abandoned or unauthorized vehicle and
9.27contents taken into custody by a unit of government or any impound lot is not reclaimed
9.28under section 168B.07, subdivision 1, it may be disposed of or sold at auction or sale when
9.29eligible pursuant to sections 168B.06 and 168B.07. If the contents of an abandoned or
9.30unauthorized vehicle taken into custody by a unit of government or any impound lot is not
9.31reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction
9.32or sale when eligible pursuant to sections 168B.06 and 168B.07.
9.33    (b) The purchaser shall be given a receipt in a form prescribed by the registrar of
9.34motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall
9.35also entitle the purchaser to register the vehicle and receive a certificate of title, free and
10.1clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate
10.2of title it must receive a motor vehicle safety check.

10.3    Sec. 14. Minnesota Statutes 2006, section 168B.087, subdivision 1, is amended to read:
10.4    Subdivision 1. Deficiency claim. (a) The nonpublic impound lot operator has a
10.5deficiency claim against the registered owner of the vehicle for the reasonable costs of
10.6services provided in the towing, storage, and inspection of the vehicle minus the proceeds
10.7of the sale or auction, except as provided in paragraph (c).
10.8    (b) The claim for storage costs may not exceed the costs of:
10.9    (1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; and
10.10    (2) 15 days storage, for a vehicle described in section 168B.051, subdivision 1a; and
10.11    (3) 55 days storage, for a vehicle described in section 168B.051, subdivision 2.
10.12    (c) A public impound lot operator is prohibited from:
10.13    (1) filing a deficiency claim against a registered owner whom the operator knows:
10.14    (i) is homeless;
10.15    (ii) receives relief based on need, as defined in section 168B.07; or
10.16    (iii) has a household income at or below 50 percent of state median income; or
10.17    (2) recovering a deficiency from a registered owner who demonstrates that the
10.18owner, at the time the deficiency claim was filed:
10.19    (i) was homeless;
10.20    (ii) received relief based on need, as defined in section 168B.07; or
10.21    (iii) had a household income at or below 50 percent of state median income.

10.22    Sec. 15. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
10.23to read:
10.24    Subd. 7a. Spotter truck. "Spotter truck" means a truck-tractor used exclusively for
10.25staging or shuttling trailers in the course of a truck freight operation or freight shipping
10.26operation.
10.27EFFECTIVE DATE.This section is effective the day following final enactment
10.28and expires June 30, 2013.

10.29    Sec. 16. Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:
10.30    Subd. 55. Implement of husbandry. "Implement of husbandry" has the meaning
10.31given in section 168A.01, subdivision 8 means a self-propelled or towed vehicle designed
10.32or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or
10.33livestock-raising operations.

11.1    Sec. 17. Minnesota Statutes 2006, section 169.01, subdivision 75, is amended to read:
11.2    Subd. 75. Commercial motor vehicle. (a) "Commercial motor vehicle" means a
11.3motor vehicle or combination of motor vehicles used to transport passengers or property if
11.4the motor vehicle:
11.5    (1) has a gross vehicle weight of more than 26,000 pounds;
11.6    (2) has a towed unit with a gross vehicle weight of more than 10,000 pounds and the
11.7combination of vehicles has a combined gross vehicle weight of more than 26,000 pounds;
11.8    (3) is a bus;
11.9    (4) is of any size and is used in the transportation of hazardous materials that are
11.10required to be placarded under Code of Federal Regulations, title 49, parts 100-185; or
11.11    (5) is outwardly equipped and identified as a school bus, except for type A-I and
11.12type III school buses as defined in subdivision 6.
11.13    (b) For purposes of chapter 169A:
11.14    (1) a commercial motor vehicle does not include a farm truck, an authorized
11.15emergency vehicle, or a recreational vehicle being operated by a person within the scope
11.16of section 171.02, subdivision 2, paragraph (b); and
11.17    (2) a commercial motor vehicle includes a vehicle capable of or designed to meet the
11.18standards described in paragraph (a), clause (2), whether or not the towed unit is attached
11.19to the truck-tractor at the time of the violation or stop.

11.20    Sec. 18. Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:
11.21    Subd. 76. Hazardous materials. "Hazardous materials" means those materials
11.22found to be hazardous for the purposes of the federal Hazardous Materials Transportation
11.23Act and that require the motor vehicle any material that has been designated as hazardous
11.24under United States Code, title 49, section 5103, and is required to be placarded under
11.25Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of
11.26a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

11.27    Sec. 19. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
11.28to read:
11.29    Subd. 93. Wireless communications device. "Wireless communications device"
11.30means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving
11.31and transmitting data, including but not limited to text messages and e-mail, without an
11.32access line for service. A wireless communications device does not include a device that
11.33is permanently affixed to the vehicle, including a global positioning system or navigation
11.34system.

12.1    Sec. 20. Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read:
12.2    Subdivision 1. Keep to the right. Upon all roadways of sufficient width a vehicle
12.3shall be driven upon the right half of the roadway, except as follows:
12.4    (1) when overtaking and passing another vehicle proceeding in the same direction
12.5under the rules governing such movement;
12.6    (2) when the right half of a roadway is closed to traffic while under construction
12.7or repair;
12.8    (3) upon a roadway divided into three marked lanes for traffic under the rules
12.9applicable thereon;
12.10    (4) upon a roadway designated and signposted for one-way traffic as a one-way
12.11roadway; or
12.12    (5) as necessary to comply with subdivision 11 when approaching an authorized
12.13emergency vehicle parked or stopped on the roadway.; or
12.14    (6) as necessary to comply with subdivision 12 when approaching a road
12.15maintenance or construction vehicle parked or stopped on the roadway.

12.16    Sec. 21. Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read:
12.17    Subd. 5. Driving left of roadway center; exception. (a) No vehicle shall be driven
12.18to the left side of the center of the roadway in overtaking and passing another vehicle
12.19proceeding in the same direction unless such left side is clearly visible and is free of
12.20oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to
12.21be completely made without interfering with the safe operation of any vehicle approaching
12.22from the opposite direction or any vehicle overtaken. In every event the overtaking
12.23vehicle must return to the right-hand side of the roadway before coming within 100 feet
12.24of any vehicle approaching from the opposite direction.
12.25    (b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
12.26in overtaking and passing another vehicle or at any other time, be driven to the left half of
12.27the roadway under the following conditions:
12.28    (1) when approaching the crest of a grade or upon a curve in the highway where the
12.29driver's view along the highway is obstructed within a distance of 700 feet;
12.30    (2) when approaching within 100 feet of any underpass or tunnel, railroad grade
12.31crossing, intersection within a city, or intersection outside of a city if the presence of the
12.32intersection is marked by warning signs; or
12.33    (3) where official signs are in place prohibiting passing, or a distinctive centerline
12.34is marked, which distinctive line also so prohibits passing, as declared in the Manual on
12.35Uniform Traffic Control Devices adopted by the commissioner.
13.1    (c) Paragraph (b) does not apply to a self-propelled or towed implement of
13.2husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying
13.3vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2)
13.4does not extend into the left half of the roadway to any greater extent than made necessary
13.5by the total width of the right half of the roadway together with any adjacent shoulder
13.6that is suitable for travel.
13.7    (d) Paragraph (b) does not apply to a self-propelled or towed implement of
13.8husbandry that is operated to the left half of the roadway if such operation is not to a
13.9greater extent than is necessary to avoid collision with a parked vehicle, sign, or other
13.10stationary object located on the highway right-of-way.

13.11    Sec. 22. Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision
13.12to read:
13.13    Subd. 12. Passing parked road maintenance or construction vehicle; citation;
13.14probable cause. (a) When approaching and before passing a freeway service patrol, road
13.15maintenance, or construction vehicle with its warning lights activated that is parked or
13.16otherwise stopped on or next to a street or highway having two lanes in the same direction,
13.17the driver of a vehicle shall safely move the vehicle to the lane farthest away from the
13.18vehicle, if it is possible to do so.
13.19    (b) When approaching and before passing a freeway service patrol, road
13.20maintenance, or construction vehicle with its warning lights activated that is parked or
13.21otherwise stopped on or next to a street or highway having more than two lanes in the
13.22same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full
13.23lane vacant between the driver and any lane in which the vehicle is completely or partially
13.24parked or otherwise stopped, if it is possible to do so.
13.25    (c) A peace officer may issue a citation to the driver of a motor vehicle if the peace
13.26officer has probable cause to believe that the driver has operated the vehicle in violation of
13.27this subdivision within the four-hour period following the termination of the incident.

13.28    Sec. 23. [169.228] SPOTTER TRUCKS.
13.29    Notwithstanding any other law, a spotter truck may be operated on public streets
13.30and highways if:
13.31    (1) the operator has a valid class A, B, or C driver's license;
13.32    (2) the vehicle complies with the size, weight, and load restrictions under this
13.33chapter;
13.34    (3) the vehicle meets all inspection requirements under section 169.781; and
14.1    (4) the vehicle is operated within a zone of two air miles from the truck freight
14.2operation or freight shipping operation where the vehicle is housed.
14.3EFFECTIVE DATE.This section is effective the day following final enactment
14.4and expires June 30, 2013.

14.5    Sec. 24. Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is
14.6amended to read:
14.7    Subd. 9. Personal cellular phone call prohibition. (a) As used in this subdivision,
14.8"school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term
14.9includes type III school buses as described in section 169.01, subdivision 6, clause (5),
14.10when driven by employees or agents of school districts for transportation.
14.11    (b) A school bus driver may not operate a school bus while communicating over, or
14.12otherwise operating, a cellular phone for personal reasons, whether hand-held or hands
14.13free, when the vehicle is in motion.
14.14EFFECTIVE DATE.This section is effective August 1, 2008, and applies to crimes
14.15committed on or after that date.

14.16    Sec. 25. Minnesota Statutes 2006, section 169.448, subdivision 1, is amended to read:
14.17    Subdivision 1. Restrictions on appearance; misdemeanor. (a) A bus that is not
14.18used as a school bus may not be operated on a street or highway unless it is painted a color
14.19significantly different than national school bus glossy yellow.
14.20    (b) A bus that is not used as a school bus or Head Start bus may not be operated if it
14.21is equipped with school bus or Head Start bus-related equipment and printing.
14.22    (c) A violation of this subdivision is a misdemeanor.
14.23    (d) This subdivision does not apply to a school bus owned by or under contract to a
14.24school district operated as a charter or leased bus.
14.25    (e) This subdivision does not apply to a school bus operated by a licensed child
14.26care provider if:
14.27    (1) the stop arm is removed;
14.28    (2) the eight-light system is deactivated;
14.29    (3) the school bus is identified as a "child care bus" in letters at least eight inches
14.30high on the front and rear top of the bus; and
14.31    (4) the name, address, and telephone number of the owner or operator of the bus is
14.32identified on each front door of the bus in letters not less than three inches high; and.
14.33    (5) the conditions under section 171.02, subdivision 2a, paragraph (b), clauses (1)
14.34through (10), (12), and (14), have been met.

15.1    Sec. 26. [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.
15.2    Subdivision 1. Definition. For purposes of this section, "electronic message"
15.3means a self-contained piece of digital communication that is designed or intended to
15.4be transmitted between physical devices. An electronic message includes, but is not
15.5limited to, e-mail, a text message, an instant message, a command or request to access
15.6a World Wide Web page, or other data that uses a commonly recognized electronic
15.7communications protocol. An electronic message does not include voice or other data
15.8transmitted as a result of making a phone call, or data transmitted automatically by a
15.9wireless communications device without direct initiation by a person.
15.10    Subd. 2. Prohibition on use. No person may operate a motor vehicle while using a
15.11wireless communications device to compose, read, or send an electronic message, when
15.12the vehicle is in motion or a part of traffic.
15.13    Subd. 3. Exceptions. This section does not apply if a wireless communications
15.14device is used:
15.15    (1) solely in a voice-activated or other hands-free mode;
15.16    (2) for making a cellular phone call;
15.17    (3) for obtaining emergency assistance to (i) report a traffic accident, medical
15.18emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
15.19    (4) in the reasonable belief that a person's life or safety is in immediate danger; or
15.20    (5) in an authorized emergency vehicle while in the performance of official duties.

15.21    Sec. 27. Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:
15.22    Subd. 3. Trailer, semitrailer. (a) No trailer or semitrailer with a gross vehicle
15.23weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the
15.24towing vehicle, may be drawn on a highway unless it is equipped with brakes that are
15.25adequate to control the movement of and to stop and hold the trailer or semitrailer. A
15.26surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes
15.27adequate to stop and hold the trailer or semitrailer.
15.28    (b) No trailer or semitrailer that is required to have brakes and that has with a gross
15.29vehicle weight of more than 6,000 3,000 pounds may be drawn on a highway unless it is
15.30equipped with brakes that are so constructed that they are adequate to stop and hold the
15.31trailer or semitrailer whenever it becomes detached from the towing vehicle.
15.32    (c) Except as provided in paragraph (d), paragraph (a) does not apply to:
15.33    (1) a trailer used by a farmer while transporting farm products produced on the user's
15.34farm, or supplies back to the farm of the trailer's user;
16.1    (2) a towed custom service vehicle drawn by a motor vehicle that is equipped with
16.2brakes that meet the standards of subdivision 5, provided that such a towed custom service
16.3vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
16.4than 45 miles per hour;
16.5    (3) a trailer or semitrailer operated or used by retail dealers of implements of
16.6husbandry while engaged exclusively in the delivery of implements of husbandry;
16.7    (4) (2) a motor vehicle drawn by another motor vehicle that is equipped with brakes
16.8that meet the standards of subdivision 5; and
16.9    (5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor
16.10of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous
16.11fertilizer under pressure;
16.12    (6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of
16.13dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and
16.14    (7) (3) a disabled vehicle while being towed to a place of repair.
16.15    (d) Vehicles described in paragraph (c), clauses (1), (3), and (4) clause (2), may be
16.16operated without complying with paragraph (a) only if the trailer or semitrailer does
16.17not exceed the following gross weights:
16.18    (1) 3,000 pounds while being drawn by a vehicle registered as a passenger
16.19automobile, other than a pickup truck as defined in section 168.011, subdivision 29;
16.20    (2) 12,000 pounds while being drawn by any other motor vehicle except a
16.21self-propelled implement of husbandry.

16.22    Sec. 28. Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:
16.23    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783:
16.24    (a) "Commercial motor vehicle" means:
16.25    (1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
16.26paragraph (a); and
16.27    (2) each vehicle in a combination of more than 26,000 pounds.; and
16.28    (3) a spotter truck.
16.29"Commercial motor vehicle" does not include (1) a school bus or Head Start bus
16.30displaying a certificate under section 169.451, (2) a bus operated by the Metropolitan
16.31Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle
16.32that is required to be placarded under Code of Federal Regulations, title 49, parts 100-185.
16.33    (b) "Commissioner" means the commissioner of public safety.
16.34    (c) "Owner" means a person who owns, or has control, under a lease of more than 30
16.35days' duration, of one or more commercial motor vehicles.
17.1    (d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
17.2property at a location not on a street or highway, (2) does not contain any load when
17.3moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
17.4on each side of the semitrailer "storage only" in letters at least six inches high.
17.5    (e) "Building mover vehicle" means a vehicle owned or leased by a building mover
17.6as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
17.7moving buildings.
17.8EFFECTIVE DATE.This section is effective the day following final enactment
17.9and expires June 30, 2013.

17.10    Sec. 29. Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read:
17.11    Subd. 5. Inspection decal; violation, penalty. (a) A person inspecting a
17.12commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected
17.13component of the vehicle complies with federal motor carrier safety regulations. The decal
17.14must state that in the month specified on the decal the vehicle was inspected and each
17.15inspected component complied with federal motor carrier safety regulations. The decal is
17.16valid for 12 months after the month specified on the decal. The commissioners of public
17.17safety and transportation shall make decals available, at a fee of not more than $2 for each
17.18decal, to persons certified to perform inspections under subdivision 3, paragraph (b).
17.19    (b) Minnesota inspection decals may be affixed only to:
17.20    (1) commercial motor vehicles bearing Minnesota-based license plates; or
17.21    (2) special mobile equipment, within the meaning of subdivision 2, clause (2).
17.22    (c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less
17.23than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage
17.24semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle
17.25unless the vehicle has one or more defects that would result in the vehicle being declared
17.26out of service under the North American Uniform Driver, Vehicle, and Hazardous
17.27Materials Out-of-Service Criteria issued by the Federal Highway Administration and the
17.28Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1),
17.29(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle
17.30must clearly indicate that it is valid for two years from the date of issuance.
17.31    (d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered
17.32as a farm truck, (2) is not operated more than 75 miles from the owner's home post office,
17.33and (3) was manufactured before 1979 that has a dual transmission system, is not required
17.34to comply with a requirement in an inspection standard that requires that the service brake
17.35system and parking brake system be separate systems in the motor vehicle.
18.1    (e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or
18.2forges a decal or other writing or thing purporting to be a Minnesota inspection decal
18.3described in this subdivision is guilty of a felony. A person who, with the intent to defraud,
18.4possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection
18.5decal described in this subdivision is guilty of a gross misdemeanor.

18.6    Sec. 30. Minnesota Statutes 2006, section 169.79, is amended to read:
18.7169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES.
18.8    Subdivision 1. Registration required. No person shall operate, drive, or park a
18.9motor vehicle on any highway unless the vehicle is registered in accordance with the laws
18.10of this state and has the number plates or permit confirming that valid registration or
18.11operating authority has been obtained, except as provided in sections 168.10 and 168.12,
18.12subdivision 2f , as assigned to it by the commissioner of public safety, conspicuously
18.13displayed thereon in a manner that the view of any plate or permit is not obstructed. A
18.14plate issued under section 168.27 or a permit issued under chapter 168 may be displayed
18.15on a vehicle in conjunction with expired registration whether or not it displays the license
18.16plate to which the last registration was issued.
18.17    Subd. 2. Semitrailer. If the vehicle is a semitrailer, the number plate displayed must
18.18be assigned to the registered owner and correlate to the certificate of title documentation
18.19on file with the department and shall not display a year indicator.
18.20    Subd. 3. Rear display of single plate. If the vehicle is a motorcycle, motor scooter,
18.21motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds
18.22gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one
18.23license plate must be displayed horizontally with the identifying numbers and letters
18.24facing outward from the vehicle and must be mounted in the upright position on the
18.25rear of the vehicle.
18.26    Subd. 3a. Small trailer. If the vehicle is a trailer with 3,000 pounds or less GVW
18.27with lifetime registration, the numbered plate or sticker must be adhered to the side of the
18.28trailer frame tongue near the hitch.
18.29    Subd. 4. Collector's vehicle. If the vehicle is (1) a collector's vehicle with a pioneer,
18.30classic car, collector, or street rod license; (2) a vehicle that meets the requirements
18.31of a pioneer, classic, or street rod vehicle except that the vehicle is used for general
18.32transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered
18.33under section 168.10, subdivision 1c, and is used for general transportation purposes, then
18.34one plate must be displayed on the rear of the vehicle, or one plate on the front and one
18.35on the rear, at the discretion of the owner.
19.1    Subd. 5. Truck-tractor, road-tractor, or farm truck. If the vehicle is a
19.2truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but
19.3excluding from that definition semitrailers and trailers, then one plate must be displayed
19.4on the front of the vehicle.
19.5    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle
19.6other than those provided for in subdivisions 2 to 4, one plate must be displayed on the
19.7front and one on the rear of the vehicle.
19.8    Subd. 7. Plate fastened and visible. All plates must be (1) securely fastened so as
19.9to prevent them from swinging, (2) displayed horizontally with the identifying numbers
19.10and letters facing outward from the vehicle, and (3) mounted in the upright position. The
19.11person driving the motor vehicle shall keep the plate legible and unobstructed and free
19.12from grease, dust, or other blurring material so that the lettering is plainly visible at all
19.13times. It is unlawful to cover any assigned letters and numbers or the name of the state
19.14of origin of a license plate with any material whatever, including any clear or colorless
19.15material that affects the plate's visibility or reflectivity.
19.16    Subd. 8. Plate registration stickers. As viewed facing the plates:
19.17    (a) License plates issued to vehicles registered under section 168.017 must display
19.18the month of expiration in the lower left corner as viewed facing the of each plate and the
19.19year of expiration in the lower right corner as viewed facing the of each plate.
19.20    (b) License plates issued to vehicles registered under section 168.127 must display
19.21either fleet registration validation stickers in the lower right corner as viewed facing the
19.22plates of each plate or distinctive license plates, issued by the registrar, with "FLEET
19.23REG" displayed on the bottom center portion of the each plate.
19.24    (c) License plates issued after July 1, 2008, requiring validation must display the
19.25month of expiration in the lower left corner of each plate and the year of expiration in the
19.26lower right corner of the plate.
19.27    Subd. 9. Tax-exempt vehicle marking. Vehicles displaying tax-exempt plates
19.28issued under section 16B.581 or 168.012 must have vehicle markings that comply with
19.29section 168.012, subdivision 1.

19.30    Sec. 31. Minnesota Statutes 2006, section 169.801, is amended to read:
19.31169.801 IMPLEMENT OF HUSBANDRY.
19.32    Subdivision 1. Exemption from size, weight, load provisions. Except as provided
19.33in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern
19.34size, weight, and load do not apply to:
19.35    (1) a horse-drawn wagon while carrying a load of loose straw or hay;
20.1    (2) a specialized vehicle resembling a low-slung trailer having a short bed or
20.2platform, while transporting one or more implements of husbandry; or
20.3    (3) an implement of husbandry while being driven or towed at a speed of not
20.4more than 30 miles per hour; provided that this exemption applies to an implement of
20.5husbandry owned, leased, or under the control of a farmer or implement dealer only
20.6while the implement of husbandry is being operated on noninterstate roads or highways
20.7within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated
20.8by the farmer or implement dealer and (ii) on which the farmer or implement dealer
20.9regularly uses or sells or leases the implement of husbandry while operated in compliance
20.10with this section.
20.11    Subd. 2. Weight per inch of tire width restrictions. An implement of husbandry
20.12that is not self-propelled and is equipped with pneumatic tires may not be operated on
20.13a public highway with:
20.14    (1) a maximum wheel load that exceeds 600 pounds per inch of tire width before
20.15August 1, 1996, and 500 pounds per inch of tire width on and after August 1, 1996;
20.16    (2) an axle weight of more than 24,000 pounds between the dates set by the
20.17commissioner of transportation for seasonal load restrictions under section 169.87,
20.18subdivision 2, or more than 28,000 pounds when seasonal load restrictions are not in
20.19effect; or
20.20    (3) a gross vehicle weight of more than 96,000 pounds.
20.21    Subd. 3. Hitches. A towed implement of husbandry must be equipped with (1)
20.22safety chains that meet the requirements of section 169.82, subdivision 3, paragraph
20.23(b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of
20.24public safety; or (3) a hitch pin or other hitching device with a retainer that prevents
20.25accidental unhitching.
20.26    Subd. 4. Bridge posting. Despite subdivision 2, a person operating or towing
20.27an implement of husbandry must comply with a sign that limits the maximum weight
20.28allowed on a bridge.
20.29    Subd. 5. Height and width. A person operating, towing, or transporting an
20.30implement of husbandry that is higher than 13 feet six inches or wider than allowed under
20.31section 169.80, subdivision 2, must ensure that the operation or transportation does not
20.32damage a highway structure, utility line or structure, or other fixture adjacent to or over
20.33a public highway.
20.34    Subd. 6. Speed. No person may operate or tow an implement of husbandry at
20.35a speed of more than 30 miles per hour.
21.1    Subd. 7. Driving rules. (a) An implement of husbandry may not be operated or
21.2towed on an interstate highway.
21.3    (b) An implement of husbandry may be operated or towed to the left of the center
21.4of a roadway only if it is escorted at the front by a vehicle displaying hazard warning
21.5lights visible in normal sunlight and the operation does not extend into the left half of the
21.6roadway more than is necessary.
21.7    Subd. 8. Lights. An implement of husbandry must be equipped with lights that
21.8comply with section 169.55, subdivisions 2 and 3.
21.9    Subd. 9. Slow moving vehicle emblem. An implement of husbandry must comply
21.10with section 169.522.
21.11    Subd. 10. Brakes. Notwithstanding section 169.67:
21.12    (a) A self-propelled implement of husbandry must be equipped with brakes adequate
21.13to control its movement and to stop and hold it and any vehicle it is towing.
21.14    (b) A towed implement of husbandry must be equipped with brakes adequate to
21.15control its movement and to stop and hold it if:
21.16    (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
21.17and sold after January 1, 1994;
21.18    (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
21.19vehicle other than a self-propelled implement of husbandry; or
21.20    (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
21.21registered passenger automobile other than a pickup truck as defined in section 168.011,
21.22subdivision 29.
21.23    (c) If a towed implement of husbandry with a gross vehicle weight of more than
21.246,000 pounds is required under paragraph (b) to have brakes, it must also have brakes
21.25adequate to stop and hold it if it becomes detached from the towing vehicle.
21.26    Subd. 11. Manure application technologies. The Department of Transportation
21.27shall investigate and recommend opportunities for infrastructure adaptation to accomodate
21.28the implementation of manure application technologies that lessen impacts on roads and
21.29bridges.

21.30    Sec. 32. Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:
21.31    Subd. 3. Hitch, chain, or cable. (a) Every trailer or semitrailer must be hitched to
21.32the towing motor vehicle by a device approved by the commissioner of public safety.
21.33    (b) Every trailer and semitrailer must be equipped with safety chains or cables
21.34permanently attached to the trailer except in cases where the coupling device is a
21.35regulation fifth wheel and kingpin assembly approved by the commissioner of public
22.1safety. In towing, the chains or cables must be attached to the vehicles near the points of
22.2bumper attachments to the chassis of each vehicle, and must be of sufficient strength to
22.3control the trailer in the event of failure of the towing device. The length of chain or cable
22.4must be no more than necessary to permit free turning of the vehicles. A minimum fine
22.5of $25 must be imposed for a violation of this paragraph.
22.6    (c) This subdivision does not apply to towed implements of husbandry.
22.7    (d) No person may be charged with a violation of this section solely by reason of
22.8violating a maximum speed prescribed in section 169.145 or 169.67.

22.9    Sec. 33. Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:
22.10    Subd. 1a. Harvest season increase amount. The limitations provided in sections
22.11169.822 to 169.829 are increased by ten percent from the beginning of harvest to
22.12November 30 each year for the movement of sugar beets, carrots, and potatoes from the
22.13field of harvest to the point of the first unloading. Transfer of the product from a farm
22.14vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not
22.15considered to be the first unloading with the issuance of a permit from the commissioner.
22.16The commissioner shall not issue permits under this subdivision if to do so will result in a
22.17loss of federal highway funding to the state.

22.18    Sec. 34. Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:
22.19    Subdivision 1. Driver to stop for weighing. (a) The driver of a vehicle that has
22.20been lawfully stopped may be required by an officer to submit the vehicle and load to a
22.21weighing by means of portable or stationary scales.
22.22    (b) In addition, the officer may require that the vehicle be driven to the nearest
22.23available scales, but only if:
22.24    (1) the distance to the scales is no further than five miles, or if the distance from the
22.25point where the vehicle is stopped to the vehicle's destination is not increased by more
22.26than ten miles as a result of proceeding to the nearest available scales; and
22.27    (2) if the vehicle is a commercial motor vehicle, no more than two other commercial
22.28motor vehicles are waiting to be inspected at the scale.
22.29    (c) Official traffic control devices as authorized by section 169.06 may be used to
22.30direct the driver to the nearest scale.
22.31    (d) When a truck weight enforcement operation is conducted by means of portable or
22.32stationary scales, signs giving notice of the operation must be posted within the highway
22.33right-of-way and adjacent to the roadway within two miles of the operation. The driver of
22.34a truck or combination of vehicles registered for or weighing in excess of 12,000 with a
23.1gross vehicle weight exceeding 10,000 pounds shall proceed to the scale site and submit
23.2the vehicle to weighing and inspection.

23.3    Sec. 35. Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision
23.4to read:
23.5    Subd. 8. Tow truck. A tow truck or towing vehicle, when towing a disabled or
23.6damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length
23.7and weight limitations of this chapter, subject to a $300 annual permit fee and any other
23.8conditions prescribed by the commissioner.

23.9    Sec. 36. Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:
23.10    Subd. 23. School bus. "School bus" has the meaning given in section 169.01,
23.11subdivision 6 . In addition, the term includes type III school buses as described in section
23.12169.01, subdivision 6, clause (5), when driven by employees or agents of school districts
23.13for transportation.
23.14EFFECTIVE DATE.This section is effective August 1, 2008, and applies to crimes
23.15committed on or after that date.

23.16    Sec. 37. Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:
23.17    Subd. 35. Hazardous materials. "Hazardous materials" means those materials
23.18found to be hazardous for the purposes of the federal Hazardous Materials Transportation
23.19Act and that require the motor vehicle any material that has been designated as hazardous
23.20under United States Code, title 49, section 5103, and is required to be placarded under
23.21Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of
23.22a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

23.23    Sec. 38. Minnesota Statutes 2006, section 171.01, subdivision 46, is amended to read:
23.24    Subd. 46. School bus. "School bus" means a motor vehicle used to transport pupils
23.25to or from a school defined in section 120A.22, or to or from school-related activities,
23.26by the school or a school district or by someone under an agreement with the school or a
23.27school district. A school bus does not include a motor vehicle transporting children to or
23.28from school for which parents or guardians receive direct compensation from a school
23.29district, a motor coach operating under charter carrier authority, a transit bus providing
23.30services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as
23.31a type III vehicle under section 169.01, subdivision 6, paragraph (5), when the vehicle
23.32is properly registered and insured and being driven by an employee or agent of a school
24.1district for nonscheduled transportation. has the meaning given in section 169.01,
24.2subdivision 6.

24.3    Sec. 39. Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is
24.4amended to read:
24.5    Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers'
24.6licenses are classified according to the types of vehicles that may be driven by the holder
24.7of each type or class of license. The commissioner may, as appropriate, subdivide the
24.8classes listed in this subdivision and issue licenses classified accordingly.
24.9    (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
24.10class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
24.11or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
24.12so endorsed. There are four general classes of licenses as described in paragraphs (c)
24.13through (f).
24.14    (c) Class D drivers' licenses are valid for:
24.15    (1) operating all farm trucks if the farm truck is:
24.16    (i) controlled and operated by a farmer, including operation by an immediate family
24.17member or an employee of the farmer;
24.18    (ii) used to transport agricultural products, farm machinery, or farm supplies,
24.19including hazardous materials, to or from a farm;
24.20    (iii) not used in the operations of a common or contract motor carrier as governed by
24.21Code of Federal Regulations, title 49, part 365; and
24.22    (iv) used within 150 miles of the farm;
24.23    (2) notwithstanding paragraph (b), operating an authorized emergency vehicle,
24.24as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds
24.25gross vehicle weight;
24.26    (3) operating a recreational vehicle as defined in section 168.011, subdivision 25,
24.27that is operated for personal use;
24.28    (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
24.29more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
24.30the driver, and vehicles that carry hazardous materials;
24.31    (5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional
24.32school activity bus without a school bus endorsement if:
24.33    (i) the bus has a gross vehicle weight of 10,000 pounds or less;
24.34    (ii) the bus is designed to transport 15 or fewer passengers, including the driver; and
25.1    (iii) the requirements of subdivision 2a are satisfied, as determined by the
25.2commissioner;
25.3    (6) operating any vehicle or combination of vehicles when operated by a licensed
25.4peace officer while on duty; and
25.5    (7) (6) towing vehicles if:
25.6    (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
25.7    (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
25.8the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.
25.9    (d) Class C drivers' licenses are valid for:
25.10    (1) operating class D motor vehicles;
25.11    (2) with a hazardous materials endorsement, transporting hazardous materials in
25.12operating class D vehicles to transport hazardous materials; and
25.13    (3) with a passenger endorsement, operating buses; and
25.14    (3) (4) with a passenger endorsement and school bus endorsement, operating school
25.15buses designed to transport 15 or fewer passengers, including the driver.
25.16    (e) Class B drivers' licenses are valid for:
25.17    (1) operating all class C motor vehicles, class D motor vehicles, and all other
25.18single-unit motor vehicles including, with a passenger endorsement, buses; and
25.19    (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
25.20    (f) Class A drivers' licenses are valid for operating any vehicle or combination of
25.21vehicles.

25.22    Sec. 40. Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
25.23to read:
25.24    Subd. 2b. Exception for type III school bus drivers. (a) Notwithstanding
25.25subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus
25.26endorsement, may operate a type III school bus described in section 169.01, subdivision 6,
25.27clause (5), under the conditions in paragraphs (b) through (n).
25.28    (b) The operator is an employee of the entity that owns, leases, or contracts for
25.29the school bus.
25.30    (c) The operator's employer has adopted and implemented a policy that provides for
25.31annual training and certification of the operator in:
25.32    (1) safe operation of a type III school bus;
25.33    (2) understanding student behavior, including issues relating to students with
25.34disabilities;
26.1    (3) encouraging orderly conduct of students on the bus and handling incidents of
26.2misconduct appropriately;
26.3    (4) knowing and understanding relevant laws, rules of the road, and local school
26.4bus safety policies;
26.5    (5) handling emergency situations;
26.6    (6) proper use of seat belts and child safety restraints;
26.7    (7) performance of pretrip vehicle inspections; and
26.8    (8) safe loading and unloading of students, including, but not limited to:
26.9    (i) utilizing a safe location for loading and unloading students at the curb, on the
26.10nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
26.11areas to enable the student to avoid hazardous conditions;
26.12    (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
26.13shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
26.14    (iii) avoiding a loading or unloading location that would require a pupil to cross a
26.15road, or ensuring that the driver or an aide personally escort the pupil across the road if
26.16it is not reasonably feasible to avoid such a location; and
26.17    (iv) placing the type III school bus in "park" during loading and unloading.
26.18    (d) A background check or background investigation of the operator has been
26.19conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
26.20for school district employees; section 144.057 or chapter 245C for day care employees;
26.21or section 171.321, subdivision 3, for all other persons operating a type A or type III
26.22school bus under this subdivision.
26.23    (e) Operators shall submit to a physical examination as required by section 171.321,
26.24subdivision 2 .
26.25    (f) The operator's employer has adopted and implemented a policy that provides
26.26for mandatory drug and alcohol testing of applicants for operator positions and current
26.27operators, in accordance with section 181.951, subdivisions 2, 4, and 5.
26.28    (g) The operator's driver's license is verified annually by the entity that owns, leases,
26.29or contracts for the school bus.
26.30    (h) A person who sustains a conviction, as defined under section 609.02, of violating
26.31section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
26.32under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or
26.33has their driver's license revoked under a similar statute or ordinance of another state, is
26.34precluded from operating a type III school bus for five years from the date of conviction.
27.1    (i) A person who has ever been convicted of a disqualifying offense as defined in
27.2section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus
27.3under this subdivision.
27.4    (j) A person who sustains a conviction, as defined under section 609.02, of a moving
27.5offense in violation of chapter 169 within three years of the first of three other moving
27.6offenses is precluded from operating a type III school bus for one year from the date of
27.7the last conviction.
27.8    (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
27.9while employed by the entity that owns, leases, or contracts for the school bus, shall report
27.10the conviction to the employer within ten days of the date of the conviction.
27.11    (l) Students riding the type III school bus must have training required under section
27.12123B.90, subdivision 2.
27.13    (m) Documentation of meeting the requirements listed in this subdivision must
27.14be maintained under separate file at the business location for each type III school bus
27.15operator. The business manager, school board, governing body of a nonpublic school, or
27.16any other entity that owns, leases, or contracts for the type III school bus operating under
27.17this subdivision is responsible for maintaining these files for inspection.
27.18    (n) The type III school bus must bear a current certificate of inspection issued under
27.19section 169.451.
27.20    (o) An operator employed by a school or school district, whose normal duties do
27.21not include operating a type III school bus, who holds a class D driver's license without a
27.22school bus endorsement, may operate a type III school bus and is exempt from paragraphs
27.23(d), (e), (f), (g), and (k).
27.24EFFECTIVE DATE.This section is effective September 1, 2008.

27.25    Sec. 41. Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
27.26to read:
27.27    Subd. 2c. Rulemaking. The commissioner may adopt rules regarding the
27.28qualifications and requirements for drivers of type III school buses.
27.29EFFECTIVE DATE.This section is effective August 1, 2008.

27.30    Sec. 42. Minnesota Statutes 2006, section 171.03, is amended to read:
27.31171.03 PERSONS EXEMPT.
27.32    The following persons are exempt from license hereunder:
28.1    (a) A person in the employ or service of the United States federal government is
28.2exempt while driving or operating a motor vehicle owned by or leased to the United
28.3States federal government.
28.4    (b) A person in the employ or service of the United States federal government is
28.5exempt from the requirement to possess a valid class A, class B, or class C commercial
28.6driver's license while driving or operating for military purposes a commercial motor
28.7vehicle owned by or leased to for the United States federal government if the person is:
28.8    (1) on active duty in the U. S. Coast Guard;
28.9    (2) on active duty in a branch of the U. S. Armed Forces, which includes the Army,
28.10Air Force, Navy, and Marine Corps;
28.11    (3) a member of a reserve component of the U. S. Armed Forces; or
28.12    (4) on active duty in the Army National Guard or Air National Guard, which
28.13includes (i) a member on full-time National Guard duty, (ii) a member undergoing
28.14part-time National Guard training, and (iii) a National Guard military technician, who is a
28.15civilian required to wear a military uniform.
28.16The exemption provided under this paragraph does not apply to a U. S. Armed Forces
28.17Reserve technician.
28.18    (c) Any person while driving or operating any farm tractor or implement of
28.19husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
28.20vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
28.21in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
28.22subdivision 7 , are not implements of husbandry.
28.23    (d) A nonresident who is at least 15 years of age and who has in immediate
28.24possession a valid driver's license issued to the nonresident in the home state or country
28.25may operate a motor vehicle in this state only as a driver.
28.26    (e) A nonresident who has in immediate possession a valid commercial driver's
28.27license issued by a state or jurisdiction in accordance with the standards of Code of
28.28Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
28.29commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
28.30    (f) Any nonresident who is at least 18 years of age, whose home state or country does
28.31not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
28.32period of not more than 90 days in any calendar year, if the motor vehicle so operated is
28.33duly registered for the current calendar year in the home state or country of the nonresident.
28.34    (g) Any person who becomes a resident of the state of Minnesota and who has in
28.35possession a valid driver's license issued to the person under and pursuant to the laws of
28.36some other state or jurisdiction or by military authorities of the United States may operate
29.1a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
29.2a resident of this state, without being required to have a Minnesota driver's license as
29.3provided in this chapter.
29.4    (h) Any person who becomes a resident of the state of Minnesota and who has in
29.5possession a valid commercial driver's license issued by another state or jurisdiction in
29.6accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
29.7for not more than 30 days after becoming a resident of this state.
29.8    (i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

29.9    Sec. 43. Minnesota Statutes 2006, section 171.055, subdivision 1, is amended to read:
29.10    Subdivision 1. Requirements for provisional license; misdemeanor. (a) The
29.11department may issue a provisional license, which must be distinctive in appearance
29.12from a driver's license, to an applicant who:
29.13    (1) has reached the age of 16 years;
29.14    (2) during the six months immediately preceding the application for the provisional
29.15license has possessed an instruction permit and has incurred (i) no convictions for a
29.16violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no
29.17convictions for a crash-related moving violation, and (iii) no convictions for a moving
29.18violation that is not crash related;
29.19    (3) has successfully completed a course of driver education in accordance with
29.20department rules, including but not limited to 40 hours of classroom instruction and ten
29.21hours of behind-the-wheel driving instruction;
29.22    (4) completes the required application, which must be approved by (i) either parent
29.23when both reside in the same household as the minor applicant or, if otherwise, then (ii)
29.24the parent or spouse of the parent having custody or, in the event there is no court order
29.25for custody, then (iii) the parent or spouse of the parent with whom the minor is living
29.26or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
29.27in the event a person under the age of 18 has no living father, mother, or guardian, or is
29.28married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
29.29family member, or adult employer; provided, that the approval required by this clause
29.30contains a verification of the age of the applicant and the identity of the parent, guardian,
29.31adult spouse, adult close family member, or adult employer;
29.32    (5) presents certification a logbook or schedule certified by the person who approves
29.33the application under clause (4) stating attesting that the applicant has driven a motor
29.34vehicle accompanied by and under the supervision of a licensed driver at least 21 years of
29.35age, for no less than 30 50 hours, at least ten of which were nighttime hours; and
30.1    (6) pays the fee required in section 171.06, subdivision 2.
30.2    (b) For purposes of this section, "moving violation" has the meaning given it in
30.3section 171.04, subdivision 1.
30.4    (c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
30.5provisional license to a person who has ever incurred a conviction for violation of section
30.6169A.20 , 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53;
30.7or a crash-related moving violation, and at the time of the conviction the person did not
30.8possess an instruction permit.
30.9    (d) If a person approving the application under paragraph (a), clause (4), falsifies an
30.10entry, or knows an entry is false, in a logbook or schedule certified by the person under
30.11paragraph (a), clause (5), that person is guilty of a misdemeanor.

30.12    Sec. 44. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:
30.13    Subd. 2. Use of provisional license. (a) A provisional license holder may operate a
30.14motor vehicle only when every occupant under the age of 18 has a seat belt or child
30.15passenger restraint system properly fastened. A person who violates this paragraph is
30.16subject to a fine of $25. A peace officer may not issue a citation for a violation of this
30.17paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
30.18for a moving violation as defined in section 171.04. The commissioner shall not record a
30.19violation of this paragraph on a person's driving record.
30.20    (b) A provisional license holder may not operate a vehicle while communicating
30.21over, or otherwise operating, a cellular or wireless telephone, whether handheld or
30.22hands free, when the vehicle is in motion. The provisional license holder may assert
30.23as an affirmative defense that the violation was made for the sole purpose of obtaining
30.24emergency assistance to prevent a crime about to be committed, or in the reasonable
30.25belief that a person's life or safety was in danger. Violation of this paragraph is a petty
30.26misdemeanor subject to section 169.89, subdivision 2.
30.27    (c) For the first six months of provisional licensure, a provisional license holder may
30.28not operate a motor vehicle carrying more than one passenger under the age of 20 years
30.29who is not a member of the holder's immediate family. For the second six months, the
30.30holder of the license may not operate a motor vehicle that is carrying more than three
30.31passengers who are under the age of 20 years and who are not members of the holder's
30.32immediate family. This paragraph does not apply if the provisional license holder is
30.33accompanied by a parent or guardian.
31.1    (d) For the first six months of provisional licensure, a provisional license holder who
31.2is less than 18 years of age may operate a motor vehicle between the hours of midnight
31.3and 5:00 a.m. only when the license holder is:
31.4    (1) driving between the license holder's home and place of employment;
31.5    (2) driving between the license holder's home and a school event for which the
31.6school has not provided transportation;
31.7    (3) driving for employment purposes; or
31.8    (4) accompanied by a licensed driver at least 25 years of age.
31.9    (e) If the holder of a provisional license during the period of provisional licensing
31.10incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
31.11169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
31.12than one conviction for a moving violation that is not crash related, the person may not be
31.13issued a driver's license until 12 consecutive months have expired since the date of the
31.14conviction or until the person reaches the age of 18 years, whichever occurs first.

31.15    Sec. 45. Minnesota Statutes 2006, section 171.07, subdivision 1, is amended to read:
31.16    Subdivision 1. License; contents. (a) Upon the payment of the required fee, the
31.17department shall issue to every qualifying applicant a license designating the type or class
31.18of vehicles the applicant is authorized to drive as applied for. This license must bear a
31.19distinguishing number assigned to the licensee; the licensee's full name, date of birth, and
31.20residence address; a description of the licensee in a manner as the commissioner deems
31.21necessary; and the usual signature of the licensee. No license is valid unless it bears
31.22the usual signature of the licensee. Every license must bear a colored photograph or an
31.23electronically produced image of the licensee.
31.24    (b) If the United States Postal Service will not deliver mail to the applicant's
31.25residence address as listed on the license, then the applicant shall provide verification from
31.26the United States Postal Service that mail will not be delivered to the applicant's residence
31.27address and that mail will be delivered to a specified alternate mailing address. When an
31.28applicant provides an alternate mailing address under this subdivision, the commissioner
31.29shall use the alternate mailing address in lieu of the applicant's residence address for
31.30all notices and mailings to the applicant.
31.31    (c) Every license issued to an applicant under the age of 21 must be of a
31.32distinguishing color and plainly marked "Under-21."
31.33    (d) The department shall use processes in issuing a license that prohibit, as nearly as
31.34possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
31.35photograph or electronically produced image on a license, without ready detection.
32.1    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
32.2requested by the applicant.
32.3    (f) Every Minnesota driver's license or Minnesota identification card issued to an
32.4applicant who is restricted from consuming alcohol under section 171.09 must be (1) of
32.5a distinguishing color matching the color of licenses issued under paragraph (c), and
32.6(2) plainly marked with the letter "R" on the front of the license or identification card
32.7indicating that the holder is restricted from consuming alcohol. The license may include
32.8text on the back indicating the nature of the restriction.
32.9    (g) Any alcohol server or alcohol-serving establishment shall refuse service to
32.10a person who has been issued a driver's license under section 171.09 indicating that the
32.11person is restricted from consuming any alcohol.

32.12    Sec. 46. Minnesota Statutes 2006, section 171.0701, is amended to read:
32.13171.0701 DRIVER EDUCATION; ORGAN AND TISSUE DONATION
32.14CONTENT.
32.15    (a) The commissioner shall adopt rules requiring a minimum of 30 minutes of
32.16instruction, beginning January 1, 2007, relating to organ and tissue donations and the
32.17provisions of section 171.07, subdivision 5, for persons enrolled in driver education
32.18programs offered at public schools, private schools, and commercial driver training
32.19schools.
32.20    (b) The commissioner shall adopt rules for persons enrolled in driver education
32.21programs offered at public schools, private schools, and commercial driver training
32.22schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
32.23awareness and safe interaction with commercial motor vehicle traffic. The rules must
32.24require classroom instruction and behind-the-wheel training that includes, but is not
32.25limited to, truck stopping distances, proper distances for following trucks, identification of
32.26truck blind spots, and avoidance of driving in truck blind spots.
32.27    (c) The rules adopted by the commissioner under paragraph (b) are exempt from
32.28the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except
32.29that notwithstanding paragraph (b) of section 14.386, the rules continue in effect until
32.30repealed or superseded by other law or rule.

32.31    Sec. 47. Minnesota Statutes 2006, section 171.13, subdivision 1, is amended to read:
32.32    Subdivision 1. Examination subjects and locations; provisions for color
32.33blindness, disabled veterans. Except as otherwise provided in this section, the
32.34commissioner shall examine each applicant for a driver's license by such agency as the
32.35commissioner directs. This examination must include a test of applicant's eyesight; ability
33.1to read and understand highway signs regulating, warning, and directing traffic; knowledge
33.2of traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate
33.3a motor vehicle safely and legally, and of the legal penalties and financial consequences
33.4resulting from violations of laws prohibiting the operation of a motor vehicle while under
33.5the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge
33.6of slow-moving vehicle safety; knowledge of laws relating to pupil transportation safety,
33.7including the significance of school bus lights, signals, stop arm, and passing a school bus;
33.8knowledge of traffic laws related to bicycles; an actual demonstration of ability to exercise
33.9ordinary and reasonable control in the operation of a motor vehicle; and other physical
33.10and mental examinations as the commissioner finds necessary to determine the applicant's
33.11fitness to operate a motor vehicle safely upon the highways, provided, further however, no
33.12driver's license shall be denied an applicant on the exclusive grounds that the applicant's
33.13eyesight is deficient in color perception. Provided, however, that war veterans operating
33.14motor vehicles especially equipped for disabled persons, shall, if otherwise entitled to a
33.15license, be granted such license. The commissioner shall make provision for giving these
33.16examinations either in the county where the applicant resides or at a place adjacent thereto
33.17reasonably convenient to the applicant. A driver's license must be denied to an applicant
33.18who fails to demonstrate knowledge of pupil transportation safety laws.

33.19    Sec. 48. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
33.20to read:
33.21    Subd. 1i. Pupil transportation safety. The commissioner shall include in each
33.22edition of the driver's manual a section relating to pupil transportation safety laws.

33.23    Sec. 49. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
33.24to read:
33.25    Subd. 1j. Driver's manual; interaction with commercial motor vehicle. The
33.26commissioner shall include in each edition of the driver's manual published by the
33.27department after August 1, 2008, a section that includes information on awareness and
33.28safe interaction with commercial motor vehicle traffic.

33.29    Sec. 50. Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read:
33.30    Subd. 2. Implied consent revocation. The commissioner shall disqualify a person
33.31from operating commercial motor vehicles for a revocation under section 169A.52 or a
33.32statute or ordinance from another state or jurisdiction in conformity with it, in accordance
33.33with for a period that is equivalent in duration under the driver disqualifications and
34.1penalties in Code of Federal Regulations, title 49, part 383, subpart D, that pertain to a
34.2conviction of being under the influence of alcohol or refusal to be tested.

34.3    Sec. 51. [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY
34.4COMMERCIAL DRIVER.
34.5    (a) Each person who operates a commercial motor vehicle, who has a commercial
34.6driver's license issued by this state, and who is convicted of a criminal offense; of a serious
34.7traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of
34.8violating any other state or local law relating to motor vehicle traffic control, other than a
34.9parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify
34.10the department's Division of Driver and Vehicle Services of the conviction. The person
34.11shall notify the division within 30 days after the date that the person was convicted.
34.12    (b) Each person who operates a commercial motor vehicle, who has a commercial
34.13driver's license issued by this state, and who is convicted of violating, in any type of
34.14motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control,
34.15other than a parking violation, shall notify the person's employer of the conviction. The
34.16person shall notify the person's employer within 30 days after the date that the person was
34.17convicted. If the person is not currently employed, the person shall notify the division
34.18according to paragraph (a).
34.19    (c) Notification to the division must be made in writing and contain the following
34.20information:
34.21    (1) the driver's full name;
34.22    (2) the driver's license number;
34.23    (3) the date of conviction;
34.24    (4) the specific criminal or other offense; serious traffic violation, as defined in Code
34.25of Federal Regulations, title 49, section 383.5; and any other violation of state or local
34.26law relating to motor vehicle traffic control, for which the person was convicted and
34.27any suspension, revocation, or cancellation of certain driving privileges that resulted
34.28from the conviction;
34.29    (5) an indication whether the violation was in a commercial motor vehicle;
34.30    (6) the location of the offense; and
34.31    (7) the driver's signature.

34.32    Sec. 52. [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF
34.33COMMERCIAL DRIVER.
34.34    Each employee, as defined in Code of Federal Regulations, title 49, section 383.5,
34.35who has a Minnesota-issued driver's license suspended, revoked, or canceled by this
35.1state or another state or jurisdiction, who loses the right to operate a commercial motor
35.2vehicle in this state or another state or jurisdiction for any period, or who is disqualified
35.3from operating a commercial motor vehicle for any period, shall notify the person's
35.4employer of the suspension, revocation, cancellation, lost privilege, or disqualification.
35.5The employee shall notify the employer before the end of the business day following
35.6the day the employee received notice of the suspension, revocation, cancellation, lost
35.7privilege, or disqualification.

35.8    Sec. 53. Minnesota Statutes 2006, section 171.18, subdivision 1, is amended to read:
35.9    Subdivision 1. Offenses. (a) The commissioner may suspend the license of a driver
35.10without preliminary hearing upon a showing by department records or other sufficient
35.11evidence that the licensee:
35.12    (1) has committed an offense for which mandatory revocation of license is required
35.13upon conviction;
35.14    (2) has been convicted by a court for violating a provision of chapter 169 or
35.15an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
35.16department records show that the violation contributed in causing an accident resulting in
35.17the death or personal injury of another, or serious property damage;
35.18    (3) is an habitually reckless or negligent driver of a motor vehicle;
35.19    (4) is an habitual violator of the traffic laws;
35.20    (5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
35.21    (6) has permitted an unlawful or fraudulent use of the license;
35.22    (7) has committed an offense in another state that, if committed in this state, would
35.23be grounds for suspension;
35.24    (8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
35.25within five years of a prior conviction under that section;
35.26    (9) has committed a violation of section 171.22, except that the commissioner may
35.27not suspend a person's driver's license based solely on the fact that the person possessed a
35.28fictitious or fraudulently altered Minnesota identification card;
35.29    (10) has failed to appear in court as provided in section 169.92, subdivision 4;
35.30    (11) has failed to report a medical condition that, if reported, would have resulted in
35.31cancellation of driving privileges;
35.32    (12) has been found to have committed an offense under section 169A.33; or
35.33    (13) has paid or attempted to pay a fee required under this chapter for a license or
35.34permit by means of a dishonored check issued to the state or a driver's license agent,
36.1which must be continued until the registrar determines or is informed by the agent that
36.2the dishonored check has been paid in full.
36.3However, an action taken by the commissioner under clause (2) or (5) must conform to
36.4the recommendation of the court when made in connection with the prosecution of the
36.5licensee.
36.6    (b) Notwithstanding paragraph (a) or section 171.16, subdivision 2, the
36.7commissioner may not suspend the driver's license of an individual under paragraph (a)
36.8who was convicted of a violation of section 171.24, subdivision 1, whose license was
36.9under suspension at the time solely because of the individual's failure to appear in court
36.10or failure to pay a fine.

36.11    Sec. 54. Minnesota Statutes 2006, section 171.321, subdivision 1, is amended to read:
36.12    Subdivision 1. Endorsement. No person shall drive a school bus when transporting
36.13school children to or from school or upon a school-related trip or activity without having a
36.14valid class A, class B, or class C driver's license with a school bus endorsement except
36.15that a person possessing a valid driver's license but not a school bus endorsement may
36.16drive a vehicle with a seating capacity of ten or less persons used as a school bus but not
36.17outwardly equipped or identified as a school bus type III vehicle.

36.18    Sec. 55. Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:
36.19    Subdivision 1. Statewide transportation plan; priorities; schedule of
36.20expenditures. In order to best meet the present and future transportation needs of
36.21the public, to insure a strong state economy, to make most efficient use of public and
36.22private funds, and to promote the more efficient use of energy and other resources for
36.23transportation purposes, the commissioner shall:
36.24    (1) three months after notification that the department is ready to commence
36.25operations and prior to the drafting of the statewide transportation plan, hold public
36.26hearings as may be appropriate solely for the purpose of receiving suggestions for future
36.27transportation alternatives and priorities for the state. The Metropolitan Council, regional
36.28development commissions, and port authorities shall appear at the hearings and submit
36.29information concerning transportation-related planning undertaken and accomplished by
36.30these agencies. Other political subdivisions may appear and submit such information at
36.31the hearings. These hearings shall be completed no later than six months from the date of
36.32the commissioner's notification;
36.33    (2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
36.34account the suggestions and information submitted at the public hearings held pursuant
36.35to clause (1). The plan shall incorporate all modes of transportation and provide for the
37.1interconnection and coordination of different modes of transportation. The commissioner
37.2shall evaluate alternative transportation programs and facilities proposed for inclusion
37.3in the plan in terms of economic costs and benefits, safety aspects, impact on present
37.4and planned land uses, environmental effects, energy efficiency, national transportation
37.5policies and priorities, and availability of federal and other financial assistance;
37.6    (3) based upon the statewide transportation plan, develop statewide transportation
37.7priorities and schedule authorized public capital improvements and other authorized public
37.8transportation expenditures pursuant to the priorities. As permitted by the federal surface
37.9transportation program, the commissioner shall prioritize for funding those transportation
37.10projects in the metropolitan area, as defined in section 473.121, subdivision 2, that are
37.11consistent with policies included in the Metropolitan Council's metropolitan development
37.12guide, transportation policy plan, and regional development framework, and that have
37.13been awarded funding through the federal surface transportation program;
37.14    (4) complete the plan and priorities required by this subdivision no later than July
37.151, 1978. Upon completion of the plan and priorities, the commissioner shall prepare
37.16and periodically revise, as necessary, the schedule of authorized public transportation
37.17expenditures. The plan, priorities, and schedule are exempt from the provisions of the
37.18Administrative Procedure Act.
37.19EFFECTIVE DATE.This section is effective the day following final enactment.

37.20    Sec. 56. Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision
37.21to read:
37.22    Subd. 1a. Transit service needs implementation plan. The commissioner shall
37.23develop and implement a transit service needs implementation plan that contains a goal of
37.24meeting at least 80 percent of unmet transit service needs in greater Minnesota by July 1,
37.252015, and meeting at least 90 percent of unmet transit service needs in greater Minnesota
37.26by July 1, 2025. The plan must include, but is not limited to, the following: an analysis of
37.27ridership and transit service needs throughout greater Minnesota; a calculation of unmet
37.28needs; an assessment of the level and type of service required to meet unmet needs; an
37.29analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as
37.30specified in this subdivision. The plan must specifically address special transportation
37.31service ridership and needs. The commissioner may amend the plan as necessary, and
37.32may use all or part of the 2001 greater Minnesota public transportation plan created by the
37.33Minnesota Department of Transportation.
37.34EFFECTIVE DATE.This section is effective the day following final enactment.

38.1    Sec. 57. [174.247] ANNUAL TRANSIT REPORT.
38.2    (a) By February 15 annually, the commissioner shall submit a report to the legislature
38.3on transit services outside the metropolitan area. The Metropolitan Council and any
38.4public transit system receiving assistance under section 174.24 shall provide assistance
38.5in creating the report, as requested by the commissioner.
38.6    (b) The report must include, at a minimum, the following:
38.7    (1) a descriptive overview of public transit in Minnesota;
38.8    (2) a descriptive summary of funding sources and assistance programs;
38.9    (3) a summary of each public transit system receiving assistance under section
38.10174.24;
38.11    (4) data that identifies use of volunteers in providing transit service;
38.12    (5) financial data that identifies operating and capital costs, and funding sources,
38.13for each public transit system and for each transit system classification under section
38.14174.24, subdivision 3b;
38.15    (6) a summary of progress with the transit service needs implementation plan under
38.16section 174.24, subdivision 1a, including identification of any adjustments made to the
38.17plan; and
38.18    (7) a calculation of the amounts of surplus or insufficient funds available for (i)
38.19paying the state share of transit operating costs under section 174.24, subdivision 3b, and
38.20(ii) following the transit service needs implementation plan.

38.21    Sec. 58. Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision
38.22to read:
38.23    Subd. 50. Out-of-service order. "Out-of-service order" has the meaning given it in
38.24Code of Federal Regulations, title 49, section 383.5.

38.25    Sec. 59. Minnesota Statutes 2006, section 221.0314, subdivision 9a, is amended to
38.26read:
38.27    Subd. 9a. Hours of service exemptions. The federal regulations incorporated in
38.28subdivision 9 for maximum driving and on-duty time do not apply to drivers engaged in
38.29the interstate or intrastate transportation of:
38.30    (1) the interstate or intrastate transportation of agricultural commodities or
38.31farm supplies, and the intrastate transportation of wholesale anhydrous ammonia, for
38.32agricultural purposes in Minnesota during the planting and harvesting seasons from March
38.3315 to December 15 of each year; or
38.34    (2) the interstate or intrastate transportation of sugar beets during the harvesting
38.35season for sugar beets from September 1 to May 15 of each year;
39.1if the transportation is limited to an area within a 100-air-mile radius from the source of
39.2the commodities or the distribution point for the farm supplies.

39.3    Sec. 60. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:
39.4    Subdivision 1. Order. The commissioner may issue an order requiring violations
39.5to be corrected and administratively assessing monetary penalties for a violation of
39.6(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4)
39.7section 221.171; (5) section 221.141; (6) a federal, state, or local law, regulation, rule,
39.8or ordinance pertaining to railroad-highway grade crossings; or (6) (7) rules of the
39.9commissioner relating to the transportation of hazardous waste, motor carrier operations,
39.10insurance, or tariffs and accounting. An order must be issued as provided in this section.

39.11    Sec. 61. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:
39.12    Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an
39.13order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
39.14221.151 ; or 221.171, or rules of the commissioner relating to motor carrier operations,
39.15insurance, or tariffs and accounting, identified during a single inspection, audit, or
39.16investigation.
39.17    (b) The commissioner may issue an order assessing a penalty up to a maximum of
39.18$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
39.19inspection or audit.
39.20    (c) In determining the amount of a penalty, the commissioner shall consider:
39.21    (1) the willfulness of the violation;
39.22    (2) the gravity of the violation, including damage to humans, animals, air, water,
39.23land, or other natural resources of the state;
39.24    (3) the history of past violations, including the similarity of the most recent violation
39.25and the violation to be penalized, the time elapsed since the last violation, the number of
39.26previous violations, and the response of the person to the most recent violation identified;
39.27    (4) the economic benefit gained by the person by allowing or committing the
39.28violation; and
39.29    (5) other factors as justice may require, if the commissioner specifically identifies
39.30the additional factors in the commissioner's order.
39.31    (d) The commissioner shall assess a penalty of not less than $1,000 against a driver
39.32who is convicted of a violation of an out-of-service order. The commissioner shall assess
39.33a penalty of not more than $10,000 against an employer who knowingly allows or requires
39.34an employee to operate a commercial motor vehicle in violation of an out-of-service order.
39.35in accordance with Code of Federal Regulations, title 49, section 383.53 against:
40.1    (1) a driver who is convicted of a violation of an out-of-service order;
40.2    (2) an employer who knowingly allows or requires an employee to operate a
40.3commercial motor vehicle in violation of an out-of-service order; or
40.4    (3) an employer who knowingly allows or requires an employee to operate a
40.5commercial motor vehicle in violation of a federal, state, or local law or regulation
40.6pertaining to railroad-highway grade crossings.

40.7    Sec. 62. Minnesota Statutes 2006, section 221.221, subdivision 2, is amended to read:
40.8    Subd. 2. Enforcement powers. Transportation program specialists and hazardous
40.9material program specialists of the department have the powers conferred by law upon
40.10police officers, only for the purpose purposes of enforcing:
40.11    (1) enforcing this chapter, sections 169.781 to 169.783 relating to commercial
40.12vehicle inspections, and sections 168D.05 and 168D.12 relating to motor carrier licenses
40.13and trip permits,;
40.14    (2) enforcing Code of Federal Regulations, title 49, parts 40 and 382, and;
40.15    (3) enforcing the applicable rules, orders, or directives of the commissioner of
40.16transportation and the commissioner of revenue, issued under this chapter and chapter
40.17168D or 296A, but for no other purpose, have the powers conferred by law upon police
40.18officers. The powers include the authority to conduct;
40.19    (4) enforcing the North American uniform out-of-service criteria and issuing
40.20out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5;
40.21and
40.22    (5) conducting inspections at designated highway weigh stations or under other
40.23appropriate circumstances.

40.24    Sec. 63. Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:
40.25    Subdivision 1. Members, powers, and duties. (a) The commissioner is hereby
40.26authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
40.27such assistant supervisors, sergeants and officers as are provided by law, who shall
40.28comprise the Minnesota State Patrol.
40.29    (b) The members of the Minnesota State Patrol shall have the power and authority:
40.30    (1) as peace officers to enforce the provisions of the law relating to the protection of
40.31and use of trunk highways;
40.32    (2) at all times to direct all traffic on trunk highways in conformance with law, and in
40.33the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
40.34traffic on other roads as conditions may require notwithstanding the provisions of law;
41.1    (3) to serve search warrants related to criminal motor vehicle and traffic violations
41.2and arrest warrants, and legal documents anywhere in the state;
41.3    (4) to serve orders of the commissioner of public safety or the commissioner's duly
41.4authorized agents issued under the provisions of the Driver's License Law, the Safety
41.5Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
41.6in the state and to take possession of any license, permit, or certificate ordered to be
41.7surrendered;
41.8    (5) to inspect official brake and light adjusting stations;
41.9    (6) to make appearances anywhere within the state for the purpose of conducting
41.10traffic safety educational programs and school bus clinics;
41.11    (7) to exercise upon all trunk highways the same powers with respect to the
41.12enforcement of laws relating to crimes, as sheriffs and police officers;
41.13    (8) to cooperate, under instructions and rules of the commissioner of public
41.14safety, with all sheriffs and other police officers anywhere in the state, provided that
41.15said employees shall have no power or authority in connection with strikes or industrial
41.16disputes;
41.17    (9) to assist and aid any peace officer whose life or safety is in jeopardy;
41.18    (10) as peace officers to provide security and protection to the governor, governor
41.19elect, either or both houses of the legislature, and state buildings or property in the manner
41.20and to the extent determined to be necessary after consultation with the governor, or a
41.21designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
41.22have the same powers with respect to the enforcement of laws relating to crimes, as
41.23sheriffs and police officers have within their respective jurisdictions;
41.24    (11) to inspect school buses anywhere in the state for the purposes of determining
41.25compliance with vehicle equipment, pollution control, and registration requirements;
41.26    (12) as peace officers to make arrests for public offenses committed in their presence
41.27anywhere within the state. Persons arrested for violations other than traffic violations
41.28shall be referred forthwith to the appropriate local law enforcement agency for further
41.29investigation or disposition.; and
41.30    (13) to enforce the North American uniform out-of-service criteria and issue
41.31out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
41.32    (c) The state may contract for State Patrol members to render the services described
41.33in this section in excess of their regularly scheduled duty hours and patrol members
41.34rendering such services shall be compensated in such amounts, manner and under such
41.35conditions as the agreement provides.
41.36    (d) Employees thus employed and designated shall subscribe an oath.

42.1    Sec. 64. Minnesota Statutes 2006, section 299D.06, is amended to read:
42.2299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.
42.3    (a) Department personnel must be classified employees assigned to the Division of
42.4State Patrol if they are employed to enforce:
42.5    (1) laws relating to motor vehicle equipment; school bus equipment; drivers'
42.6licenses; motor vehicle registration; motor vehicle size and weight; motor carrier
42.7insurance, registration, and safety; and motor vehicle petroleum taxes;
42.8    (2) Pollution Control Agency rules relating to motor vehicle noise abatement; and
42.9    (3) laws relating to directing the movement of vehicles.; and
42.10    (4) the North American uniform out-of-service criteria and issue out-of-service
42.11orders, as defined in Code of Federal Regulations, title 49, section 383.5.
42.12    (b) Employees engaged in these duties, while actually on the job during their
42.13working hours only, shall have power to:
42.14    (1) issue citations in lieu of arrest and continued detention; and
42.15    (2) prepare notices to appear in court for violation of these laws and rules, in the
42.16manner provided in section 169.91, subdivision 3.
42.17    (c) They shall not be armed and, except as provided in this section, shall have none
42.18of the other powers and privileges reserved to peace officers including the power to
42.19enforce traffic laws and regulations.

42.20    Sec. 65. Minnesota Statutes 2006, section 473.1465, is amended by adding a
42.21subdivision to read:
42.22    Subd. 4. Special transportation service assessment. As part of its annual
42.23update to the performance evaluation report under section 473.13, subdivision 1a, the
42.24Metropolitan Council shall include an assessment of progress towards meeting transit
42.25goals for people with disabilities. The assessment must include, but is not limited to, the
42.26following: a description of proposed program enhancements; an assessment of progress;
42.27identification of the estimated total number of potential and actual riders who are disabled;
42.28an assessment of the level and type of service required to meet unmet ridership needs; and
42.29an analysis of costs and revenue options, including a calculation of the amounts of surplus
42.30or insufficient funds available for achieving paratransit needs.
42.31EFFECTIVE DATE.This section is effective the day following final enactment.

42.32    Sec. 66. Laws 2002, chapter 393, section 85, is amended to read:
42.33    Sec. 85. DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.
43.1    Subdivision 1. Definition. For purposes of this section, "Dan Patch commuter rail
43.2line" means the commuter rail line between Northfield and Minneapolis identified in the
43.3metropolitan council's transit 2020 master plan as the Dan Patch line.
43.4    Subd. 2. Metropolitan council; prohibitions. The metropolitan council must not
43.5take any action or spend any money for study, planning, preliminary engineering, final
43.6design, or construction for the Dan Patch commuter rail line. The council must remove
43.7all references, other than references for historical purposes, to the Dan Patch commuter
43.8rail line from any future revisions to the council's transportation development guide and
43.9the council's regional transit master plan.
43.10    Subd. 3. Commissioner of transportation. The commissioner of transportation
43.11must not expend any money for study, planning, preliminary engineering, final design,
43.12or construction for the Dan Patch commuter rail line. The commissioner must remove
43.13all references, other than references for historical purposes, to the Dan Patch commuter
43.14rail line from any future revisions to the state transportation plan and the commissioner's
43.15commuter rail system plan.
43.16    Subd. 4. Regional rail authorities. No regional rail authority may expend any
43.17money for study, planning, preliminary engineering, final design, or construction for
43.18the Dan Patch commuter rail line.

43.19    Sec. 67. ENGINE BRAKES; REGULATION BY MINNEAPOLIS.
43.20    Notwithstanding any other law or charter provision, the governing body of the city
43.21of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor
43.22vehicles along Legislative Route No. 107, also known as marked Interstate Highway 394,
43.23beginning at the South Penn Avenue interchange in the city of Minneapolis and thence
43.24extending easterly to the terminus of marked Interstate Highway 394. Upon notification
43.25to the commissioner of transportation by the city of Minneapolis, the commissioner of
43.26transportation shall erect the appropriate signs, with the cost of the signs to be paid by the
43.27city. For purposes of this section, "engine brake" means any device that uses the engine
43.28and transmission to impede the forward motion of the motor vehicle by compression
43.29of the engine.
43.30EFFECTIVE DATE.This section is effective the day following final enactment.

43.31    Sec. 68. HIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES;
43.32REVISOR INSTRUCTIONS.
43.33    Subdivision 1. Legislative Route No. 295 removed. (a) Minnesota Statutes 2006,
43.34section 161.115, subdivision 226, is repealed effective the day after the commissioner of
44.1transportation receives a copy of the agreement between the commissioner and the city of
44.2St. Peter to transfer jurisdiction of Legislative Route No. 295 to the city of St. Peter and
44.3notifies the revisor of statutes under paragraph (b).
44.4    (b) The revisor of statutes shall delete the route identified in paragraph (a) from
44.5Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
44.6writing that the conditions required to transfer the route are satisfied.
44.7    Subd. 2. Legislative Route No. 335 removed. (a) Minnesota Statutes 2006,
44.8section 161.115, subdivision 266, is repealed effective the day after the commissioner of
44.9transportation receives a copy of the agreement between the commissioner and the city of
44.10St. Peter to transfer jurisdiction of Legislative Route No. 335 to the city of St. Peter and
44.11notifies the revisor of statutes under paragraph (b).
44.12    (b) The revisor of statutes shall delete the route identified in paragraph (a) from
44.13Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
44.14writing that the conditions required to transfer the route are satisfied.

44.15    Sec. 69. JOEY'S LAW.
44.16    The amendment by this act to Minnesota Statutes 2006, section 171.07, subdivision
44.171, may be cited as "Joey's Law."

44.18    Sec. 70. RIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK.
44.19    (a) Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any
44.20other law to the contrary, the trunk highway right-of-way described in paragraph (b) is
44.21hereby transferred to the state rail bank under Minnesota Statutes, section 222.63, being
44.22a certain parcel of land located in the county of Otter Tail, state of Minnesota, being
44.23more particularly described in paragraph (b).
44.24    (b) All of Tracts A, B, and C described below:
44.26That part of Government Lot 1 of Section 12, Township 132 North, Range
44.2743 West, Otter Tail County, Minnesota, lying Northeasterly of the former
44.28Southwesterly right-of-way line of the BNSF Railway Company (formerly the
44.29St. Paul, Minneapolis and Manitoba Railway Company);
44.31A strip of land 150 feet in width, being 75 feet on each side of the former
44.32centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
44.33and Manitoba Railway Company) across the SW1/4NW1/4 of Section 12,
44.34Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
44.35extending from the South line to the West line of said SW1/4NW1/4; together
45.1with that part of said SW1/4NW1/4 adjoining and Westerly of the above
45.2described strip and Easterly of the Easterly right-of-way line of said railroad
45.3company as located prior to 1888;
45.5A strip of land 100 feet in width, being 50 feet on each side of the former
45.6centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
45.7and Manitoba Railway Company) across the E1/2NE1/4 of Section 11,
45.8Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
45.9extending from the East to the North line of said E1/2NE1/4;
45.10together with that part of Tract D described below:
45.12A strip of land 100 feet in width, being 50 feet on each side of the former
45.13centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
45.14and Manitoba Railway Company) across the E1/2 of Section 2, Township 132
45.15North, Range 43 West, Otter Tail County, Minnesota;
45.16which lies Southeasterly of a line run parallel with and distant 135 feet Southeasterly of
45.17Line 1 described below:
45.19Beginning at a point on the North and South Quarter line of said Section 2,
45.20distant 1,060.11 feet North of the South Quarter corner thereof; thence run
45.21Northeasterly at an angle of 72°36'15" (measured from North to East) from said
45.22North and South Quarter line for 1,600 feet and there terminating;
45.23together with all right of access, being the right of ingress to and egress from that part of
45.24Tract D hereinbefore described, not acquired herein, to the above described strip.

45.25    Sec. 71. REVISOR'S INSTRUCTION.
45.26    The revisor of statutes shall change the terms "type III school bus," "type III bus," and
45.27"type III Head Start bus" to "type III vehicle," and the terms "type III school buses," "type
45.28III buses," and "type III Head Start buses" to "type III vehicles," in Minnesota Statutes,
45.29chapters 169, 169A, and 171, and in Minnesota Rules, parts 7470.1400 and 7470.1500.

45.30    Sec. 72. REPEALER.
45.31Minnesota Statutes 2006, sections 168B.087, subdivision 2; and 169.145, are
45.32repealed.
45.33Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a, is repealed.


46.3    Section 1. [219.372] WALKWAYS BY TRACK; GENERAL REQUIREMENTS;
46.4DEFINITIONS.
46.5    (a) Walkways may be surfaced with asphalt, concrete, planking, grating, native
46.6material, crushed material, or similar or other nonrevenue material. When crushed
46.7material is used, 100 percent of the material must be capable of passing through a
46.81-1/2-inch square sieve opening and 90 - 100 percent of the material must be capable
46.9of passing through a one-inch square sieve opening; provided however, a de minimus
46.10variation is not a violation of this paragraph when the rail carrier has made a good faith
46.11effort to comply with the percentage requirements. Smaller crushed material may be used
46.12where drainage and durability issues do not arise. Material that is three-fourths inch or
46.13less must conform with standards set forth by the American Railway Engineering and
46.14Maintenance of Way Association for switching lead tracks.
46.15    (b) Walkways must have a uniform surface and must be maintained in a safe
46.16condition without compromising track drainage.
46.17    (c) Cross slopes for walkways must not exceed one inch of elevation for each eight
46.18inches of horizontal length in any direction.
46.19    (d) Walkways must be a minimum width of two feet.
46.20    (e) Walkways within the scope of sections 219.372 to 219.378 must be kept free of
46.21spilled oil, sand, posts, rocks, and other hazards or obstructions.

46.22    Sec. 2. [219.373] NEW YARD TRACKS.
46.23    (a) Rail carriers shall provide walkways adjacent to those portions of yard tracks
46.24constructed after July 1, 2008, where rail carrier employees frequently work on the ground
46.25performing switching activities.
46.26    (b) For the purpose of this section, "frequently" means occurring at least five days
46.27per week, one shift per day.

46.28    Sec. 3. [219.374] OTHER TRACKS.
46.29    (a) Walkways in the following segments of track must be constructed with materials
46.30set forth in section 219.372 at walkways by main and secondary track switches and
46.31turnouts, walkways by siding track train inspection points, walkways by tracks where
46.32relief train crews frequently board or deboard trains en route, walkways by industry track
46.33turnouts and spotting areas, and walkways by main track within two miles in either
46.34direction of a track-side train detector, with a total walkway not less than 500 feet on
46.35both sides of track.
47.1    (b) Walkways by switch stands may have a wider apron from base of switch stand
47.2area and must be maintained in a safe condition without compromising track drainage.
47.3    (c) When the commissioner of transportation finds, after notice and hearing, that rail
47.4carrier employees who frequently work adjacent to a portion of track performing switching
47.5activities are exposed to safety hazards due to the lack of a walkway or to the condition of
47.6a walkway constructed before July 1, 2008, the commissioner shall order the rail carrier
47.7to construct a walkway adjacent to a portion of track where employees are performing
47.8switching activities, or require a rail carrier to modify an existing walkway in conformance
47.9with the standards set forth in section 219.373 within a reasonable period of time.
47.10    (d) For purposes of this section, "frequently" means at least five days per week, one
47.11shift per day, or any other period deemed "frequently" by the commissioner to warrant
47.12an order pursuant to this section.

47.13    Sec. 4. [219.375] EXCEPTIONS TO COMPLIANCE.
47.14    Rail carriers are excused from complying with sections 219.372 to 219.378 during
47.15maintenance activities or any period of heavy rain or snow, derailments, rock and earth
47.16slides, washouts, and similar weather or seismic conditions, and during a reasonable
47.17period afterwards to allow a return to compliance.

47.18    Sec. 5. [219.376] WAIVERS.
47.19    A rail carrier may petition the commissioner of transportation for a waiver of any
47.20provision of sections 219.372 to 219.378 pursuant to section 218.041 or other applicable
47.21statute.

47.22    Sec. 6. [219.377] COMPLAINTS; ENFORCEMENT.
47.23    (a) A formal complaint of an alleged violation of sections 219.372 to 219.378 may
47.24not be filed until the filing party has attempted to address the alleged violations with the
47.25rail carrier. Any complaint of an alleged violation of sections 219.372 to 219.378 must
47.26contain a written statement that the filing party has made a reasonable, good faith attempt
47.27to address the alleged violation with the rail carrier.
47.28    (b) All formal complaints filed with the commissioner of transportation must be
47.29resolved pursuant to procedures set forth in section 218.041 or other applicable statute.

47.30    Sec. 7. [219.378] WALKWAY EXEMPTIONS.
47.31    (a) Sections 219.372, paragraphs (a), (c), and (d); 219.373; and 219.374, paragraphs
47.32(a) and (b), do not apply to track placed in revenue service before the effective date of
47.33this section until the date and time track and supporting structure are repaired, replaced,
48.1resurfaced, or as otherwise ordered by the commissioner of transportation pursuant to
48.2section 219.374 to eliminate an unsafe or hazardous condition.
48.3    (b) A small business that owns or operates any track in this state is exempt from
48.4sections 219.372, paragraphs (a), (c), and (d); 219.373; 219.374, paragraphs (a) and (b);
48.5219.375; and 219.376. On determining after notice and hearing that exempting a small
48.6business that owns or operates any track in this state pursuant to paragraph (a) poses
48.7an unreasonable threat or substantial harm to the public safety, the commissioner of
48.8transportation shall order that business to eliminate any unsafe walkway condition.
48.9    (c) As used in this section, "small business" either has the meaning given in section
48.10645.445 or is a class three carrier as classified by the Federal Railroad Administration.

48.11    Sec. 8. SHORT TITLE.
48.12    Sections 1 to 7 may be cited as the "Railroad Walkway Safety Act."

48.13    Sec. 9. EFFECTIVE DATE.
48.14    This act is effective July 1, 2008."
48.15Delete the title and insert:
48.17relating to transportation; modifying provisions relating to highways, motor
48.18vehicles, traffic regulations, drivers' licenses, and other transportation-related
48.19programs or activities; imposing penalties;amending Minnesota Statutes
48.202006, sections 168.012, subdivision 1, by adding a subdivision; 168.018;
48.21168.09, subdivision 7; 168.185; 168A.03, subdivision 1; 168B.051, subdivision
48.222; 168B.06, subdivisions 1, 3; 168B.07, by adding subdivisions; 168B.08,
48.23subdivision 1; 168B.087, subdivision 1; 169.01, subdivisions 55, 75, 76, by
48.24adding subdivisions; 169.18, subdivisions 1, 5, by adding a subdivision; 169.448,
48.25subdivision 1; 169.67, subdivision 3; 169.781, subdivisions 1, 5; 169.79;
48.26169.801; 169.82, subdivision 3; 169.826, subdivision 1a; 169.85, subdivision 1;
48.27169.86, by adding a subdivision; 169A.03, subdivision 23; 171.01, subdivisions
48.2835, 46; 171.02, by adding subdivisions; 171.03; 171.055, subdivisions 1, 2;
48.29171.07, subdivision 1; 171.0701; 171.13, subdivision 1, by adding subdivisions;
48.30171.165, subdivision 2; 171.18, subdivision 1; 171.321, subdivision 1; 174.03,
48.31subdivision 1; 174.24, by adding a subdivision; 221.011, by adding a subdivision;
48.32221.0314, subdivision 9a; 221.036, subdivisions 1, 3; 221.221, subdivision 2;
48.33299D.03, subdivision 1; 299D.06; 473.1465, by adding a subdivision; Minnesota
48.34Statutes 2007 Supplement, sections 168.017, subdivision 3; 169.443, subdivision
48.359; 171.02, subdivision 2; Laws 2002, chapter 393, section 85; proposing coding
48.36for new law in Minnesota Statutes, chapters 169; 171; 174; 219; repealing
48.37Minnesota Statutes 2006, sections 161.115, subdivisions 226, 266; 168B.087,
48.38subdivision 2; 169.145; Minnesota Statutes 2007 Supplement, section 171.02,
48.39subdivision 2a."