1.1.................... moves to amend H.F. No. 2058 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
1.6applicant for all licenses based on gross weight shall state the unloaded weight of the
1.7motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
1.8on it, the sum of which constitutes the gross weight upon which the license tax must be
1.9paid. However, the declared gross weight upon which the tax is paid must not be less than
1.101-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
1.11to be registered, except recreational vehicles taxed under subdivision 1g, school buses
1.12taxed under subdivision 18, and tow trucks or towing vehicles defined in section 169.011,
1.13subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight
1.14of the tow truck or towing vehicle fully equipped, but does not include the weight of a
1.15wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
1.16(b) The gross weight of a motor vehicle, trailer, or semitrailer must not exceed
1.17the gross weight upon which the license tax has been paid by more than four percent or
1.181,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest
1.19products on a highway, other than a highway that is part of the system of interstate and
1.20defense highways, unless a federal exemption is granted, in accordance with paragraph
1.21(d)(3):
1.22(1) shall not exceed its gross vehicle weight upon which the license tax has been
1.23paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
1.24other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
1.25exceeding a gross vehicle or axle weight by up to five percent; and
1.26(2) between the dates set by the commissioner in accordance with section 169.826,
1.27subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting
2.1the gross axle weight of any individual axle unless the entire vehicle also exceeds its
2.2gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
2.3allowance permitted under section 169.826, in which case the vehicle is subject to all
2.4applicable penalties for excess weight violations.
2.5(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the
2.6license tax is paid must be indicated by a distinctive character on the license plate or
2.7plates except as provided in subdivision 12 and the plate or plates must be kept clean
2.8and clearly visible at all times.
2.9(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
2.10conviction for transporting a gross weight in excess of the gross weight for which it was
2.11registered or for operating a vehicle with an axle weight exceeding the maximum lawful
2.12axle load weight, is guilty of a misdemeanor and subject to increased registration or
2.13reregistration according to the following schedule:
2.14(1) Upon conviction for transporting a gross weight in excess of the gross weight
2.15for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
2.16set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
2.17vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
2.18load as provided in sections 169.822 to 169.829 by more than the allowance set forth in
2.19paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
2.20trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
2.21the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
2.22be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
2.23driver, or user was convicted of carrying. The increase is computed for the balance of
2.24the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
2.25calendar year beginning with the first day of the month in which the violation occurred.
2.26If the additional registration tax computed upon that weight, plus the tax already paid,
2.27amounts to more than the regular tax for the maximum gross weight permitted for the
2.28vehicle under sections 169.822 to 169.829, that additional amount must nevertheless be
2.29paid into the highway fund, but the additional tax thus paid does not authorize or permit
2.30any person to operate the vehicle with a gross weight in excess of the maximum legal
2.31weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days
2.32after a conviction applies to increase the authorized weight and pays the additional tax
2.33as provided in this section, the registrar shall revoke the registration on the vehicle and
2.34demand the return of the registration card and plates issued on that registration.
2.35(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
2.36semitrailer for transporting a gross weight in excess of the gross weight for which the
3.1motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
3.2or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
3.3as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any
3.4penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
3.5privileges on the vehicle involved if the vehicle is being operated under reciprocity
3.6or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
3.7registration on the vehicle operated and demand the return of the registration certificate
3.8and registration plates. The registrar may not cancel the registration or reciprocity
3.9privileges for any vehicle found in violation of seasonal load restrictions imposed under
3.10section 169.87 unless the axle weight exceeds the year-round weight limit for the highway
3.11on which the violation occurred. The registrar may investigate any allegation of gross
3.12weight violations and demand that the operator show cause why all future operating
3.13privileges in the state should not be revoked unless the additional tax assessed is paid.
3.14(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
3.15or unfinished forest products, when the registered gross weight is not exceeded by more
3.16than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
3.17transportation of unprocessed or raw farm products from the place of production or
3.18on-farm storage site to any other location within 50 150 miles of the place of production or
3.19on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
3.20forest products from the place of production to the place of final processing or manufacture
3.21located within 200 miles of the place of production.
3.22(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
3.23registrar according to this section, the vehicle must not be operated on the highways of the
3.24state until it is registered or reregistered, as the case may be, and new plates issued, and
3.25the registration fee is the annual tax for the total gross weight of the vehicle at the time of
3.26violation. The reregistration pursuant to this subdivision of any vehicle operating under
3.27reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual
3.28registration fee without regard to the percentage of vehicle miles traveled in this state.

3.29    Sec. 2. Minnesota Statutes 2010, section 169.872, subdivision 1, is amended to read:
3.30    Subdivision 1. Record keeping. (a) A person who weighs goods before or after
3.31unloading or a person who loads or unloads goods on the basis of liquid volume measure
3.32shall keep a written record of the origin, weight, and composition of each shipment, the
3.33date of loading or receipt, the name and address of the shipper, the total number of axles
3.34on the vehicle or combination of vehicles, and the registration number of the power unit or
3.35some other means of identification by which the shipment was transported. The record
4.1shall be retained for 14 seven days and shall be open to inspection and copying by a
4.2state law enforcement officer or motor transport representative, except state conservation
4.3officers, upon demand. No search warrant is required to inspect or copy the record.
4.4(b) This subdivision does not apply to a person weighing goods who is not involved
4.5in the shipping, receiving, and transporting of those goods, or to a person weighing raw
4.6and unfinished farm products transported in a single-unit vehicle with not more than
4.7three axles or by a trailer towed by a farm tractor when the transportation is the first
4.8haul of the product.

4.9    Sec. 3. Minnesota Statutes 2010, section 169.872, subdivision 1a, is amended to read:
4.10    Subd. 1a. Limit on civil penalties. A civil penalty for excessive weight under
4.11section 169.871 may be imposed based on a record of a shipment under this section only if
4.12a state law enforcement officer or motor transportation representative (1) has inspected
4.13and copied the record within 14 seven days of the date the shipment was received by the
4.14person keeping the record, and (2) has assessed the penalty within 30 days of the date the
4.15officer or representative inspected and copied the record."
4.16Amend the title accordingly