1.1.................... moves to amend H.F. No. 1416 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 160.80, subdivision 1, is amended to read:
1.4 Subdivision 1.
Commissioner may establish program. (a) The commissioner of
1.5transportation may establish a sign franchise program for the purpose of providing on the
1.6right-of-way of interstate and controlled-access trunk highways specific information on
1.7gas, food, camping, lodging,
attractions, and 24-hour pharmacies for the benefit of the
1.8motoring public.
1.9 (b) The sign franchise program must include urban interstate highways.
1.10 Sec. 2. Minnesota Statutes 2012, section 160.80, subdivision 1a, is amended to read:
1.11 Subd. 1a.
Eligibility criteria for business panels. (a) To be eligible for a business
1.12panel on a logo sign panel, a business establishment must:
1.13 (1) be open for business;
1.14 (2) have a sign on site that both identifies the business and is visible to motorists;
1.15 (3) be open to everyone, regardless of race, religion, color, age, sex, national origin,
1.16creed, marital status, sexual orientation, or disability;
and
1.17 (4)
not impose a cover charge or otherwise require customers to purchase additional
1.18products or services; and
1.19 (5) meet the appropriate criteria in paragraphs (b) to
(f) (k).
1.20 (b) Gas businesses must provide vehicle services including
fuel gas or alternative
1.21fuels and oil; restroom facilities and drinking water; continuous, staffed operation at least
1.2212 hours a day, seven days a week; and public access to a telephone.
1.23 (c) Food businesses must serve at least two meals a day during normal mealtimes
1.24of breakfast, lunch, and dinner; provide a continuous, staffed food service operation at
1.25least
ten hours a day, seven days a six days per week except holidays as defined in section
1.26645.44, subdivision 5
, and except as provided for seasonal food service businesses;
2.1provide seating capacity for at least 20 people;
provide restroom facilities; provide public
2.2access to a telephone; and possess any required state or local licensing or approval.
2.3Seasonal food service businesses must provide a continuous, staffed food service operation
2.4at least ten hours a day serving at least two meals per day six days per week,
seven days a
2.5week, during their months of operation.
2.6 (d) Lodging businesses must include sleeping accommodations, provide public
2.7access to a telephone,
provide restroom facilities, and possess any required state or local
2.8licensing or approval.
2.9 (e) Camping businesses must include sites for camping, include parking
2.10accommodations for each campsite, provide sanitary facilities and drinking water, and
2.11possess any required state or local licensing or approval.
2.12 (f) 24-hour pharmacy businesses must be continuously operated 24 hours per day,
2.13seven days per week, and must have a state-licensed pharmacist present and on duty at
2.14all times.
2.15(g) Attractions businesses must have regional significance with the primary purpose
2.16of providing amusement, historical, cultural, or leisure activities to the public; provide
2.17restroom facilities and drinking water; possess any required state or local licensing
2.18approval; and provide adequate bus and vehicle parking accommodations for normal
2.19attendance.
2.20 (g) (h) Seasonal businesses must indicate to motorists when they are open for business
2.21by
either putting the
full months of operation directly on the business panel
or by having a
2.22"closed" plaque applied to the business panel when the business is closed for the season.
2.23 (h) (i) The maximum distance that an eligible business in
Anoka, Carver, Dakota,
2.24Hennepin, Ramsey, Scott, or Washington County an urban area can be located from the
2.25interchange is: for gas
, food, lodging, attraction, and 24-hour pharmacy businesses,
one
2.26mile three miles;
for food businesses, two miles; for lodging businesses and 24-hour
2.27pharmacies, three miles; and for camping businesses, ten miles.
2.28 (i) (j) The maximum distance that an eligible business in
any other county a rural
2.29area can be located from the interchange shall not exceed 15 miles in either direction,
2.30except the maximum distance that an eligible 24-hour pharmacy business can be located
2.31from the interchange shall not exceed three miles in either direction.
2.32 (j) Logo sign panels must be erected so that motorists approaching an interchange
2.33view the panels in the following order: 24-hour pharmacy, camping, lodging, food, gas.
2.34 (k) If there is insufficient space on a logo sign panel to display all eligible businesses
2.35for a specific type of service, the businesses closest to the interchange have priority over
2.36businesses farther away from the interchange.
3.1(k) If there is available space on a logo sign panel and no application has been
3.2received by the franchise from a fully eligible business, a substantially eligible business
3.3may be allowed the space.
3.4 Sec. 3. Minnesota Statutes 2012, section 160.80, subdivision 2, is amended to read:
3.5 Subd. 2.
Franchises. The commissioner may, by public negotiation or bid, grant
3.6one or more franchises to qualified persons to erect and maintain, on the right-of-way of
3.7interstate and controlled-access trunk highways, signs informing the motoring public of
3.8gas, food, lodging, camping facilities,
attractions, and 24-hour pharmacies. A franchisee
3.9shall furnish, install, maintain, and replace signs for the benefit of advertisers who provide
3.10gas, food, lodging, camping facilities,
attractions, and 24-hour pharmacies for the general
3.11public, and lease advertising space on the signs to operators of these facilities.
3.12 Sec. 4. Minnesota Statutes 2012, section 161.04, subdivision 5, is amended to read:
3.13 Subd. 5.
Trunk highway emergency relief account. (a) The trunk highway
3.14emergency relief account is created in the trunk highway fund. Money in the account is
3.15appropriated to the commissioner to be used to fund relief activities related to an emergency,
3.16as defined in section
161.32, subdivision 3, or under section 12A.16, subdivision 1.
3.17(b) Reimbursements by the Federal Highway Administration for emergency relief
3.18payments made from the trunk highway emergency relief account must be credited to the
3.19account.
Interest accrued on the account must be credited to the account. Notwithstanding
3.20section
16A.28, money in the account is available until spent. If the balance of the account
3.21at the end of a fiscal year is greater than $10,000,000, the amount above $10,000,000
3.22must be canceled to the trunk highway fund.
3.23(c) By September 1, 2012, and in every subsequent even-numbered year by
3.24September 1, the commissioner shall submit a report to the chairs and ranking minority
3.25members of the senate and house of representatives committees having jurisdiction over
3.26transportation policy and finance. The report must include the balance, as well as details
3.27of payments made from and deposits made to the trunk highway emergency relief account
3.28since the last report.
3.29 Sec. 5. Minnesota Statutes 2012, section 161.115, subdivision 229, is amended to read:
3.30 Subd. 229.
Route No. 298. Beginning at a point on Route No. 21 in the city of
3.31Faribault; thence extending in a southerly
and easterly direction
through the grounds of
3.32the Minnesota State Academy for the Blind, the Faribault Regional Treatment Center, and
3.33the Minnesota Correctional Facility - Faribault to a point on Route No. 323.
4.1 Sec. 6. Minnesota Statutes 2012, section 161.115, is amended by adding a subdivision
4.2to read:
4.3 Subd. 270. Route No. 339. Beginning at a point on Route No. 45, thence extending
4.4easterly to a point on the boundary line between the states of Minnesota and Wisconsin.
4.5 Sec. 7. Minnesota Statutes 2012, section 161.1231, subdivision 8, is amended to read:
4.6 Subd. 8.
Special account. Fees collected by the commissioner under this section
4.7must be deposited in the state treasury and credited to a special account. Money in the
4.8account is appropriated to the commissioner to
construct, operate, repair, and maintain
: (1)
4.9 the parking facilities
and the high-occupancy vehicle, (2) managed lanes
on I-394, and (3)
4.10related multimodal and technology improvements that serve users of the parking facilities.
4.11 Sec. 8. Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision
4.12to read:
4.13 Subd. 73. Officer Tom Decker Memorial Highway. That segment of marked
4.14Trunk Highway 23 from the east border of the township of Wakefield to the west border of
4.15the city of Richmond is designated as "Officer Tom Decker Memorial Highway." Subject
4.16to section 161.139, the commissioner shall adopt a suitable design to mark this highway
4.17and erect appropriate signs.
4.18 Sec. 9. Minnesota Statutes 2012, section 162.02, subdivision 3a, is amended to read:
4.19 Subd. 3a.
Variances from rules and engineering standards. (a) The commissioner
4.20may grant variances from the rules and from the engineering standards developed pursuant
4.21to section
162.021 or
162.07, subdivision 2. A political subdivision in which a county
4.22state-aid highway is located or is proposed to be located may submit a written request to the
4.23commissioner for a variance for that highway. The commissioner shall comply with section
4.24174.75, subdivision 5
, in evaluating a variance request related to a complete streets project.
4.25(b)
The commissioner shall publish notice of the request in the State Register and
4.26give notice to all persons known to the commissioner to have an interest in the matter.
4.27 The commissioner may grant or deny the variance within 30 days of
providing notice of
4.28 receiving the
variance request.
If a written objection to the request is received within
4.29seven days of providing notice, the variance shall be granted or denied only after a
4.30contested case hearing has been held on the request. If
no timely objection is received and
4.31 the variance is denied
without hearing, the political subdivision may request, within 30
4.32days of receiving notice of denial, and shall be granted a contested case hearing.
5.1(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
5.2a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
5.3 Sec. 10. Minnesota Statutes 2012, section 162.09, subdivision 3a, is amended to read:
5.4 Subd. 3a.
Variances from rules and engineering standards. (a) The commissioner
5.5may grant variances from the rules and from the engineering standards developed
5.6pursuant to section
162.13, subdivision 2. A political subdivision in which a municipal
5.7state-aid street is located or is proposed to be located may submit a written request to the
5.8commissioner for a variance for that street. The commissioner shall comply with section
5.9174.75, subdivision 5
, in evaluating a variance request related to a complete streets project.
5.10(b)
The commissioner shall publish notice of the request in the State Register and
5.11give notice to all persons known to the commissioner to have an interest in the matter.
5.12 The commissioner may grant or deny the variance within 30 days of
providing notice of
5.13 receiving the
variance request.
If a written objection to the request is received within
5.14seven days of providing notice, the variance shall be granted or denied only after a
5.15contested case hearing has been held on the request. If
no timely objection is received and
5.16 the variance is denied
without hearing, the political subdivision may request, within 30
5.17days of receiving notice of denial, and shall be granted a contested case hearing.
5.18(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
5.19a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
5.20 Sec. 11. Minnesota Statutes 2012, section 162.13, subdivision 2, is amended to read:
5.21 Subd. 2.
Money needs defined. For the purpose of this section money needs of each
5.22city having a population of 5,000 or more are defined as the estimated cost of constructing
5.23and maintaining over a period of 25 years the municipal state-aid street system in such
5.24city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
5.25and other costs incidental to construction and maintenance, or a specified portion of such
5.26costs, as set forth in the commissioner's rules, may be included in determining money
5.27needs.
When a county locates a county state-aid highway over a portion of a street in any
5.28such city and the remaining portion is designated as a municipal state-aid street only the
5.29construction and maintenance costs of the portion of the street other than the portions taken
5.30over by the county shall be included in the money needs of the city. To avoid variances
5.31in costs due to differences in construction and maintenance policy, construction and
5.32maintenance costs shall be estimated on the basis of the engineering standards developed
5.33cooperatively by the commissioner and the engineers, or a committee thereof, of the cities.
6.1 Sec. 12. Minnesota Statutes 2012, section 168.017, subdivision 2, is amended to read:
6.2 Subd. 2.
12 uniform registration periods. There are established 12 registration
6.3periods, each to be designated by a calendar month and to start on the first day of such
6.4month and end on the last day of the 12th month from the date of commencing.
The
6.5registrar shall administer the monthly series system of registration to distribute the work
6.6of registering vehicles described in subdivision 1 as uniformly as practicable through the
6.7calendar year. The registrar shall register all vehicles subject to registration under the
6.8monthly series system for a minimum period of 12 consecutive calendar months.
6.9 Sec. 13. Minnesota Statutes 2012, section 168.017, subdivision 3, is amended to read:
6.10 Subd. 3.
Exceptions. (a) The registrar shall register all vehicles subject to registration
6.11under the monthly series system for a period of 12 consecutive calendar months, unless:
6.12 (1) the application is an original
rather than renewal application under section
6.13168.127; or
6.14 (2) the applicant is a licensed motor vehicle lessor under section
168.27 and the
6.15vehicle is leased or rented for periods of time of not more than 28 days, in which case the
6.16applicant may apply for initial or renewed registration of a vehicle for a period of four
6.17or more months, the month of expiration to be designated by the applicant at the time of
6.18registration. To qualify for this exemption, the applicant must present the application to
the
6.19registrar at St. Paul, or a designated deputy registrar office. Subsequent registration periods
6.20when the applicant is not a qualified motor vehicle lessor under this subdivision must be for
6.21a period of 12 months commencing from the last month for which registration was issued.
6.22 (b) In any instance except that of a licensed motor vehicle lessor, the registrar shall
6.23not approve registering the vehicle subject to the application for a period of less than three
6.24months, except when the registrar determines that to do otherwise will help to equalize
6.25the registration and renewal work load of the department.
6.26 Sec. 14. Minnesota Statutes 2012, section 168.053, subdivision 1, is amended to read:
6.27 Subdivision 1.
Application; fee; penalty. Any person, firm, or corporation engaged
6.28in the business of transporting motor vehicles owned by another, by delivering, by
6.29drive-away or towing methods, either singly or by means of the full mount method, the
6.30saddle mount method, the tow bar method, or any other combination thereof, and under
6.31their own power, vehicles over the highways of the state from the manufacturer or any
6.32other point of origin, to any point of destination, within or without the state, shall make
6.33application to the registrar for a drive-away in-transit license. This application for annual
6.34license shall be accompanied by a registration fee of $250 and contain
such information
as
7.1 the registrar may require. Upon the filing of the application and the payment of the fee,
7.2the registrar shall issue to each drive-away operator a drive-away in-transit license plate,
7.3which must be carried and displayed on the power unit consistent with section
169.79 and
7.4the plate shall remain on the vehicle while being operated within
the state Minnesota.
7.5The license plate issued under this subdivision is not valid for the purpose of permanent
7.6vehicle registration and is not valid outside Minnesota. Additional drive-away in-transit
7.7license plates desired by any drive-away operator may be secured from the registrar of
7.8motor vehicles upon the payment of a fee of $5 for each set of additional license plates.
7.9Any person, firm, or corporation engaging in the business as a drive-away operator, of
7.10transporting and delivering by means of full mount method, the saddle mount method, the
7.11tow bar method, or any combination thereof, and under their own power, motor vehicles,
7.12who fails or refuses to file or cause to be filed an application, as is required by law, and to
7.13pay the fees therefor as the law requires, shall be found guilty of violating the provisions of
7.14sections
168.053 to
168.057; and, upon conviction, fined not less than $50, and not more
7.15than $100, and all costs of court. Each day so operating without securing the license and
7.16plates as required
therein shall constitute a separate offense
within the meaning thereof.
7.17 Sec. 15. Minnesota Statutes 2012, section 168.123, subdivision 2, is amended to read:
7.18 Subd. 2.
Design. The commissioner of veterans affairs shall design the emblem for
7.19the veterans' special plates, subject to the approval of the commissioner, that satisfy the
7.20following requirements:
7.21(a) For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
7.22in the active military service in a branch of the armed forces of the United States or a
7.23nation or society allied with the United States the special plates must bear the inscription
7.24"VIETNAM VET
."
and the letters "V" and "V" with the first letter directly above the
7.25second letter and both letters just preceding the first numeral of the special plate number.
7.26(b) For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
7.27attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
7.28"PEARL HARBOR SURVIVOR
."
and the letters "P" and "H" with the first letter directly
7.29above the second letter and both letters just preceding the first numeral of the special
7.30plate number.
7.31(c) For a veteran who served during
World War I or World War II, the plates must
7.32bear the inscription "WORLD WAR VET
."
and:
7.33(1) for a World War I veteran, the characters "W" and "I" with the first character
7.34directly above the second character and both characters just preceding the first numeral
7.35of the special plate number; or
8.1(2) for a World War II veteran, the characters "W" and "II" with the first character
8.2directly above the second character and both characters just preceding the first numeral of
8.3the special plate number.
8.4(d) For a veteran who served during the Korean Conflict, the special plates must
8.5bear the inscription "KOREAN VET
."
and the letters "K" and "V" with the first letter
8.6directly above the second letter and both letters just preceding the first numeral of the
8.7special plate number.
8.8(e) For a combat wounded veteran who is a recipient of the Purple Heart medal, the
8.9plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile or an
8.10emblem of the official Purple Heart medal
and the letters "C" over "W" with the first letter
8.11directly over the second letter just preceding the first numeral of the special plate number.
8.12 A member of the United States armed forces who is serving actively in the military
8.13and who is a recipient of the Purple Heart medal is also eligible for this license plate.
8.14The commissioner of public safety shall ensure that information regarding the required
8.15proof of eligibility for any applicant under this paragraph who has not yet been issued
8.16military discharge papers is distributed to the public officials responsible for administering
8.17this section.
8.18(f) For a Persian Gulf War veteran, the plates must bear the inscription "GULF
8.19WAR VET
."
and the letters "G" and "W" with the first letter directly above the second
8.20letter and both letters just preceding the first numeral of the special plate number. For
8.21the purposes of this section, "Persian Gulf War veteran" means a person who served on
8.22active duty after August 1, 1990, in a branch of the armed forces of the United States or
8.23a nation or society allied with the United States or the United Nations during Operation
8.24Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf
8.25area combat zone as designated in United States Presidential Executive Order No. 12744,
8.26dated January 21, 1991.
8.27(g) For a veteran who served in the Laos War after July 1, 1961, and before July 1,
8.281978, the special plates must bear the inscription "LAOS WAR VET
."
and the letters "L"
8.29and "V" with the first letter directly above the second letter and both letters just preceding
8.30the first numeral of the special plate number.
8.31(h) For a veteran who is the recipient of:
8.32(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
8.33that medal and must bear the inscription "IRAQ WAR VET" directly below the special
8.34plate number;
9.1(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
9.2facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
9.3below the special plate number;
9.4(3) the Global War on Terrorism Expeditionary Medal, the special plates must
9.5be inscribed with a facsimile of that medal and must bear the inscription "GWOT
9.6VETERAN" directly below the special plate number; or
9.7(4) the Armed Forces Expeditionary Medal, the special plates must bear an
9.8appropriate inscription that includes a facsimile of that medal.
9.9(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal,
9.10the special plates must be inscribed with a facsimile of that medal and must bear the
9.11inscription "GWOT VETERAN" directly below the special plate number. In addition,
9.12any member of the National Guard or other military reserves who has been ordered to
9.13federally funded state active service under United States Code, title 32, as defined in
9.14section
190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
9.15Service Medal, is eligible for the license plate described in this paragraph, irrespective of
9.16whether that person qualifies as a veteran under section
197.447.
9.17(j) For a veteran who is the recipient of the Korean Defense Service Medal,
9.18the special plates must be inscribed with a facsimile of that medal and must bear the
9.19inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.
9.20(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear
9.21the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official
9.22Bronze Star medal.
9.23(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear
9.24the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official
9.25Silver Star medal.
9.26 Sec. 16. Minnesota Statutes 2012, section 168.183, subdivision 1, is amended to read:
9.27 Subdivision 1.
Payment of taxes. All trucks, truck-tractors,
trailers and semitrailers,
9.28 trucks using combination, and buses which comply with all of the provisions of section
9.29168.181
, subdivision 1, clause (6), but are excluded from the exemptions
provided therein
9.30 solely because of the
intrastate temporary nature of their movement in this state,
owned
9.31by nonresidents owning or operating circuses, carnivals or similar amusement attractions
9.32or concessions shall be required to comply with all laws and rules as to the payment of
9.33taxes applicable to like vehicles owned by Minnesota residents
but such, except that
9.34 nonresidents may make application to pay
such the tax for each vehicle proportionate
9.35to the number of months or fraction thereof
such the vehicles are in this state.
For the
10.1purposes of this subdivision, buses do not include charter buses that are considered
10.2proratable vehicles under section 168.187, subdivision 4.
10.3 Sec. 17. Minnesota Statutes 2012, section 168.187, subdivision 17, is amended to read:
10.4 Subd. 17.
Trip permit. Subject to agreements or arrangements made or entered into
10.5pursuant to subdivision 7, the commissioner may issue trip permits for use of Minnesota
10.6highways by individual vehicles, on an occasional basis, for periods not to exceed 120
10.7hours in compliance with rules promulgated pursuant to subdivision 23 and upon payment
10.8of a fee of $15.
For the purposes of this subdivision, "on an occasional basis" means
10.9no more than one permit per vehicle within a 30-day period, which begins the day a
10.10permit is effective.
10.11 Sec. 18. Minnesota Statutes 2012, section 168.27, is amended by adding a subdivision
10.12to read:
10.13 Subd. 3d. Used vehicle parts dealer. A used vehicle parts dealer licensee may sell,
10.14solicit, or advertise the sale of used parts and the remaining scrap metals, but is prohibited
10.15from selling any new or used motor vehicles for use at retail or for resale to a dealer.
10.16 Sec. 19. Minnesota Statutes 2012, section 168.27, subdivision 10, is amended to read:
10.17 Subd. 10.
Place of business. (a) All licensees under this section shall have an
10.18established place of business which shall include as a minimum:
10.19(1) For a new motor vehicle dealer, the following:
10.20(i) a commercial building owned or under lease by the licensee. The lease must
10.21be for a minimum term of one year. The building must contain office space where the
10.22books, records, and files necessary to conduct the business are kept and maintained with
10.23personnel available during normal business hours. Dealership business hours must be
10.24conspicuously posted on the place of doing business and readily viewable by the public;
10.25(ii) a bona fide contract or franchise (A) in effect with a manufacturer or distributor
10.26of the new motor vehicles the dealer proposes to sell, broker, wholesale, or auction, or (B)
10.27in effect with the first-stage manufacturer or distributor of new motor vehicles purchased
10.28from a van converter or modifier which the dealer proposes to sell, broker, wholesale, or
10.29auction, or (C) in effect with the final-stage manufacturer of the new type A, B, or C motor
10.30homes which the dealer proposes to sell, broker, wholesale, or auction;
10.31(iii) a facility for the repair and servicing of motor vehicles and the storage of parts
10.32and accessories, not to exceed ten miles distance from the principal place of business. The
11.1service may be provided through contract with bona fide operators actually engaged
11.2in the services;
11.3(iv) an area either indoors or outdoors to display motor vehicles that is owned or
11.4under lease by the licensee; and
11.5(v) a sign readily viewable by the public that clearly identifies the dealership by name.
11.6(2) For a used motor vehicle dealer, the following:
11.7(i) a commercial building owned or under lease by the licensee. The lease must
11.8be for a minimum term of one year. The building must contain office space where the
11.9books, records, and files necessary to conduct the business are kept and maintained with
11.10personnel available during normal business hours or automatic telephone answering
11.11service during normal business hours. Dealership business hours must be conspicuously
11.12posted on the place of doing business and readily viewable by the public;
11.13(ii) an area either indoors or outdoors to display motor vehicles which is owned or
11.14under lease by the licensee; and
11.15(iii) a sign readily viewable by the public that clearly identifies the dealership by
11.16name.
11.17(3) For a motor vehicle lessor, the following: a commercial office space where the
11.18books, records, and files necessary to conduct the business are kept and maintained with
11.19personnel available during normal business hours or an automatic telephone answering
11.20service during normal business hours. Business hours must be conspicuously posted on
11.21the place of doing business and readily viewable by the public. The office space must be
11.22owned or under lease for a minimum term of one year by the licensee.
11.23(4) For a motor vehicle wholesaler, the following: a commercial office space where
11.24the books, records, and files necessary to conduct the business are kept and maintained
11.25with personnel available during normal business hours or an automatic telephone
11.26answering service during normal business hours. The office space must be owned or under
11.27lease for a minimum term of one year by the licensee.
11.28(5) For a motor vehicle auctioneer, the following: a permanent enclosed commercial
11.29building, within or without the state, on a permanent foundation, owned or under lease
11.30by the licensee. The lease must be for a minimum term of one year. The building must
11.31contain office space where the books, records, and files necessary to conduct the business
11.32are kept and maintained with personnel available during normal business hours or an
11.33automatic telephone answering service during normal business hours.
11.34(6) For a motor vehicle broker, the following: a commercial office space where
11.35books, records, and files necessary to conduct business are kept and maintained with
11.36personnel available during normal business hours, or an automatic telephone answering
12.1service available during normal business hours. A sign, clearly identifying the motor
12.2vehicle broker by name and listing the broker's business hours, must be posted in a location
12.3and manner readily viewable by a member of the public visiting the office space. The
12.4office space must be owned or under lease for a minimum term of one year by the licensee.
12.5(7) For a limited used vehicle license holder, the following: a commercial office
12.6space where books, records, and files necessary to conduct nonprofit charitable activities
12.7are kept and maintained with personnel available during normal business hours, or an
12.8automatic telephonic answering service available during normal business hours. The
12.9office space must be owned or under lease for a minimum term of one year by the licensee.
12.10(b) If a new or used motor vehicle dealer maintains more than one place of doing
12.11business in a county, the separate places must be listed on the application. If additional
12.12places of business are maintained outside of one county, separate licenses must be
12.13obtained for each county.
12.14(c) If a motor vehicle lessor, wholesaler, auctioneer, or motor vehicle broker
12.15maintains more than one permanent place of doing business, either in one or more
12.16counties, the separate places must be listed in the application, but only one license is
12.17required. If a lessor proposes to sell previously leased or rented vehicles or if a broker
12.18proposes to establish an office at a location outside the seven-county metropolitan area, as
12.19defined in section
473.121, subdivision 2, other than cities of the first class, the lessor or
12.20broker must obtain a license for each nonmetropolitan area county in which the lessor's
12.21sales are to take place or where the broker proposes to locate an office.
12.22(d) If a motor vehicle dealer, lessor, wholesaler, or motor vehicle broker does not
12.23have direct access to a public road or street, any privately owned roadway providing
12.24access to a public road or street must be clearly identified and adequately maintained.
12.25(e) A new or used motor vehicle dealer may establish a temporary place of business
12.26outside the county where it maintains its licensed location to sell horse trailers exclusively
12.27without obtaining an additional license.
12.28(f) A new or used motor vehicle dealer may establish a temporary place of business
12.29outside the county where it maintains its licensed location to sell recreational vehicles
12.30exclusively without obtaining an additional license if:
12.31(1) the dealer establishes a temporary place of business for the sale of recreational
12.32vehicles not more than four times during any calendar year;
12.33(2) each temporary place of business other than an official county fair or the
12.34Minnesota State Fair within the seven-county metropolitan area, as defined in section
12.35473.121, subdivision 2
, is established jointly with at least four other recreational vehicle
12.36dealers;
13.1(3) each temporary place of business other than an official county fair outside
13.2the seven-county metropolitan area, as defined in section
473.121, subdivision 2, is
13.3established jointly with at least one other recreational vehicle dealer;
13.4(4) each establishment of a temporary place of business for the sale of recreational
13.5vehicles is for no more than 12 consecutive days; and
13.6(5) the dealer notifies the registrar of motor vehicles of each temporary place of
13.7business for the sale of recreational vehicles.
13.8 Sec. 20. Minnesota Statutes 2012, section 168.27, subdivision 11, is amended to read:
13.9 Subd. 11.
Dealers' licenses; location change notice; fee. (a) Application for
13.10a dealer's license or notification of a change of location of the place of business on a
13.11dealer's license must include a street address, not a post office box, and is subject to the
13.12commissioner's approval.
13.13(b) Upon the filing of an application for a dealer's license and the proper fee, unless
13.14the application on its face appears to be invalid, the commissioner shall grant a 90-day
13.15temporary license. During the 90-day period following issuance of the temporary license,
13.16the commissioner shall inspect the place of business site and insure compliance with this
13.17section and rules adopted under this section.
13.18(c) The commissioner may extend the temporary license 30 days to allow the
13.19temporarily licensed dealer to come into full compliance with this section and rules
13.20adopted under this section.
13.21(d) In no more than 120 days following issuance of the temporary license, the dealer
13.22license must either be granted or denied.
13.23(e) A license must be denied under the following conditions:
13.24(1) The license must be denied if within the previous ten years the applicant was
13.25enjoined due to a violation of section
325F.69 or convicted of violating section
325E.14,
13.26325E.15
,
325E.16, or
325F.69, or convicted under section
609.53 of receiving or selling
13.27stolen vehicles, or convicted of violating United States Code, title 15, sections 1981 to
13.281991 or pleaded guilty, entered a plea of nolo contendere or no contest, or has been found
13.29guilty in a court of competent jurisdiction of any charge of failure to pay state or federal
13.30income or sales taxes or felony charge of forgery, embezzlement, obtaining money under
13.31false pretenses, theft by swindle, extortion, conspiracy to defraud, or bribery.
13.32(2) The license must also be denied if within the previous year the applicant has been
13.33denied a dealer license.
13.34(3) (2) A license must
also be denied if the applicant has had a dealer license
13.35revoked within the previous ten years.
14.1(f) If the application is approved, the commissioner shall license the applicant as a
14.2dealer for one year from the date the temporary license is granted and issue a certificate
14.3of license that must include a distinguishing number of identification of the dealer. The
14.4license must be displayed in a prominent place in the dealer's licensed place of business.
14.5(g) Each initial application for a license must be accompanied by a fee of $100 in
14.6addition to the annual fee. The annual fee is $150. The initial fees and annual fees must
14.7be paid into the state treasury and credited to the general fund except that $50 of each
14.8initial and annual fee must be paid into the vehicle services operating account in the
14.9special revenue fund under section
299A.705.
14.10 Sec. 21. Minnesota Statutes 2012, section 169.011, subdivision 71, is amended to read:
14.11 Subd. 71.
School bus. (a) "School bus" means a motor vehicle used to transport
14.12pupils to or from a school defined in section
120A.22, or to or from school-related
14.13activities, by the school or a school district, or by someone under an agreement with the
14.14school or a school district. A school bus does not include a motor vehicle transporting
14.15children to or from school for which parents or guardians receive direct compensation
14.16from a school district, a motor coach operating under charter carrier authority, a transit
14.17bus providing services as defined in section
174.22, subdivision 7, or a vehicle otherwise
14.18qualifying as a type III vehicle under paragraph (h), when the vehicle is properly
14.19registered and insured and being driven by an employee or agent of a school district for
14.20nonscheduled or nonregular transportation.
14.21(b) A school bus may be type A, type B, type C, or type D, multifunction school
14.22activity bus, or type III as provided in paragraphs (c) to (h).
14.23(c) A "type A school bus" is a van conversion or bus constructed utilizing a
14.24cutaway front section vehicle with a left-side driver's door. This definition includes two
14.25classifications: type A-I, with a gross vehicle weight rating (GVWR) less than or equal
14.26to 14,500 pounds; and type A-II, with a GVWR greater than 14,500 pounds and less
14.27than or equal to 21,500 pounds.
14.28(d) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
14.29door is behind the front wheels. This definition includes two classifications: type B-I,
14.30with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
14.31than 10,000 pounds.
14.32(e) A "type C school bus" is constructed utilizing a chassis with a hood and front
14.33fender assembly. The entrance door is behind the front wheels. A "type C school bus" also
14.34includes a cutaway truck chassis or truck chassis with cab, with or without a left side door,
14.35and with a GVWR greater than 21,500 pounds.
15.1(f) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
15.2door is ahead of the front wheels.
15.3(g) A "multifunction school activity bus" is a school bus that meets the definition
15.4of a multifunction school activity bus in Code of Federal Regulations, title 49, section
15.5571.3. A vehicle that meets the definition of a type III vehicle is not a multifunction
15.6school activity bus.
15.7(h) A "type III vehicle" is restricted to passenger
cars, station wagons, vans, vehicles
15.8 and buses having a maximum manufacturer's rated seating capacity of ten or fewer people,
15.9including the driver, and a gross vehicle weight rating of 10,000 pounds or less. A "type
15.10III vehicle" must not be outwardly equipped and identified as a type A, B, C, or D school
15.11bus or type A, B, C, or D Head Start bus. A van or bus converted to a seating capacity of
15.12ten or fewer and placed in service on or after August 1, 1999, must have been originally
15.13manufactured to comply with the passenger safety standards.
15.14(i) In this subdivision, "gross vehicle weight rating" means the value specified by
15.15the manufacturer as the loaded weight of a single vehicle.
15.16 Sec. 22. Minnesota Statutes 2012, section 169.04, is amended to read:
15.17169.04 LOCAL AUTHORITY.
15.18(a) The provisions of this chapter shall not be deemed to prevent local authorities,
15.19with respect to streets and highways under their jurisdiction, and with the consent of
15.20the commissioner, with respect to state trunk highways, within the corporate limits of a
15.21municipality, or within the limits of a town in a county in this state now having or which
15.22may hereafter have, a population of 500,000 or more, and a land area of not more than 600
15.23square miles, and within the reasonable exercise of the police power from:
15.24(1) regulating the standing or parking of vehicles;
15.25(2) regulating traffic by means of police officers or traffic-control signals;
15.26(3) regulating or prohibiting processions or assemblages on the highways;
15.27(4) designating particular highways as one-way roadways and requiring that all
15.28vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one
15.29specific direction;
15.30(5) designating any highway as a through highway and requiring that all vehicles stop
15.31before entering or crossing the same, or designating any intersection as a stop intersection,
15.32and requiring all vehicles to stop at one or more entrances to such intersections;
15.33(6) restricting the use of highways as authorized in sections
169.80 to
169.88.
15.34(b) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6),
15.35shall be effective until signs giving notice of such local traffic regulations are posted
16.1upon and kept posted upon or at the entrance to the highway or part thereof affected as
16.2may be most appropriate.
16.3(c) No ordinance or regulation enacted under paragraph (a), clause (3), or any other
16.4provision of law shall prohibit:
16.5(1) the use of motorcycles or vehicles utilizing flashing red lights for the purpose of
16.6escorting funeral processions, oversize buildings, heavy equipment, parades or similar
16.7processions or assemblages on the highways; or
16.8(2) the use of motorcycles or vehicles that are owned by the funeral home and that
16.9utilize flashing red lights for the purpose of escorting funeral processions.
16.10 Sec. 23. Minnesota Statutes 2012, section 169.18, subdivision 4, is amended to read:
16.11 Subd. 4.
Passing on the right. The driver of a vehicle may overtake and pass upon
16.12the right of another vehicle only upon the following conditions:
16.13(1) when the vehicle overtaken is making or about to make a left turn;
16.14(2) upon a street or highway with unobstructed pavement not occupied by parked
16.15vehicles of sufficient width for two or more lines of moving vehicles in each direction;
16.16(3) upon a one-way street, or upon any roadway on which traffic is restricted to one
16.17direction of movement, where the roadway is free from obstructions and of sufficient
16.18width for two or more lines of moving vehicles;
16.19(4) when the driver of a vehicle may overtake and pass another vehicle upon the
16.20right only under conditions permitting such movement in safety. In no event shall such
16.21movement be made by driving
in a bicycle lane or onto the shoulder, whether paved or
16.22unpaved, or off the pavement or main-traveled portion of the roadway.
16.23 Sec. 24. Minnesota Statutes 2012, section 169.18, subdivision 7, is amended to read:
16.24 Subd. 7.
Laned highway. When any roadway has been divided into two or more
16.25clearly marked lanes for traffic, the following rules, in addition to all others consistent
16.26herewith, shall apply:
16.27(a) A vehicle shall be driven as nearly as practicable entirely within a single lane
16.28and shall not be moved from such lane until the driver has first ascertained that such
16.29movement can be made with safety.
16.30(b) Upon a roadway which is not a one-way roadway and which is divided into three
16.31lanes, a vehicle shall not be driven in the center lane except when overtaking and passing
16.32another vehicle where the roadway is clearly visible and such center lane is clear of traffic
16.33within a safe distance, or in preparation for a left turn or where such center lane is at the
16.34time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and
17.1is signposted to give notice of such allocation. The left lane of a three-lane roadway which
17.2is not a one-way roadway shall not be used for overtaking and passing another vehicle.
17.3(c) Official signs may be erected directing slow-moving traffic to use a designated
17.4lane or allocating specified lanes to traffic moving in the same direction, and drivers of
17.5vehicles shall obey the directions of every such sign.
17.6(d) Whenever a bicycle lane has been established on a roadway, any person
17.7operating a motor vehicle on such roadway shall not drive in the bicycle lane except to
17.8 perform parking maneuvers in order to park where parking is permitted, to enter or leave
17.9the highway, or to prepare for a turn as provided in section
169.19, subdivision 1.
17.10 Sec. 25. Minnesota Statutes 2012, section 169.19, subdivision 1, is amended to read:
17.11 Subdivision 1.
Turning at intersection. The driver of a vehicle intending to turn
17.12at an intersection shall do so as follows:
17.13(a) Both the approach for a right turn and a right turn shall be made as close as
17.14practicable to the right-hand curb or edge of the roadway.
17.15(b) Approach for a left turn on other than one-way roadways shall be made in that
17.16portion of the right half of the roadway nearest the centerline thereof, and after entering
17.17the intersection the left turn shall be made so as to leave the intersection to the right of the
17.18centerline of the roadway being entered. Whenever practicable the left turn shall be made
17.19in that portion of the intersection to the left of the center of the intersection.
17.20(c) Approach for a left turn from a two-way roadway into a one-way roadway shall
17.21be made in that portion of the right half of the roadway nearest the centerline thereof and
17.22by passing to the right of such centerline where it enters the intersection.
17.23(d) A left turn from a one-way roadway into a two-way roadway shall be made
17.24from the left-hand lane and by passing to the right of the centerline of the roadway being
17.25entered upon leaving the intersection.
17.26(e) Where both streets or roadways are one way, both the approach for a left turn and
17.27a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
17.28(f) Local authorities in their respective jurisdictions may cause markers, buttons, or
17.29signs to be placed within or adjacent to intersections and thereby require and direct that a
17.30different course from that specified in this section be traveled by vehicles turning at an
17.31intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall
17.32turn a vehicle at an intersection other than as directed and required by such markers,
17.33buttons, or signs.
17.34(g) Whenever it is necessary for the driver of a motor vehicle to cross a bicycle lane
17.35adjacent to the driver's lane of travel to make a turn, the driver shall
drive the motor
18.1vehicle into the bicycle lane prior to making the turn, and shall make the turn, yielding the
18.2right-of-way to any vehicles approaching so close thereto as to constitute an immediate
18.3hazard. first signal the movement and then yield the right-of-way to any approaching
18.4bicycles before crossing the bicycle lane. The driver shall cross the bicycle lane in the
18.5manner indicated by any associated pavement markings and signs.
18.6 Sec. 26. Minnesota Statutes 2012, section 169.222, subdivision 2, is amended to read:
18.7 Subd. 2.
Manner and number riding. No bicycle
, including a tandem bicycle,
18.8cargo or utility bicycle, or trailer, shall be used to carry more persons at one time than the
18.9number for which it is designed and equipped, except
(1) on a baby seat attached to the
18.10bicycle, provided that the baby seat is equipped with a harness to hold the child securely in
18.11the seat and that protection is provided against the child's feet hitting the spokes of the
18.12wheel or (2) in a seat attached to the bicycle operator an adult rider may carry a child in a
18.13seat designed for carrying children that is securely attached to the bicycle.
18.14 Sec. 27. Minnesota Statutes 2012, section 169.222, subdivision 4, is amended to read:
18.15 Subd. 4.
Riding rules. (a) Every person operating a bicycle upon a roadway shall
18.16ride as close as practicable to the right-hand curb or edge of the roadway except under
18.17any of the following situations:
18.18(1) when overtaking and passing another vehicle proceeding in the same direction;
18.19(2) when preparing for a left turn at an intersection or into a private road or driveway;
18.20(3) when reasonably necessary to avoid conditions, including fixed or moving
18.21objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
18.22it unsafe to continue along the right-hand curb or edge
.; or
18.23(4) when operating on the shoulder of a roadway or in a bicycle lane.
18.24(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the
18.25same direction as adjacent vehicular traffic.
18.26(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
18.27abreast and shall not impede the normal and reasonable movement of traffic and, on a
18.28laned roadway, shall ride within a single lane.
18.29(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder
18.30on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible
18.31signal when necessary before overtaking and passing any pedestrian. No person shall ride
18.32a bicycle upon a sidewalk within a business district unless permitted by local authorities.
18.33Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk
18.34under their jurisdiction.
19.1(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
19.2distance when overtaking a bicycle or individual proceeding in the same direction on the
19.3bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
19.4(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or
19.5shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian
19.6under the same circumstances.
19.7(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway,
19.8on a bikeway, or on a bicycle trail if not otherwise prohibited under section
85.015,
19.9subdivision 1d;
85.018, subdivision 2, paragraph (d); or
160.263, subdivision 2, paragraph
19.10(b), as applicable.
19.11 Sec. 28. Minnesota Statutes 2012, section 169.222, subdivision 6, is amended to read:
19.12 Subd. 6.
Bicycle equipment. (a) No person shall operate a bicycle at nighttime
19.13unless the bicycle or its operator is equipped with (1) a lamp which emits a white light
19.14visible from a distance of at least 500 feet to the front; and (2) a red reflector of a type
19.15approved by the Department of Public Safety which is visible from all distances from 100
19.16feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a
19.17motor vehicle.
A bicycle equipped with lamps that are visible from a distance of at least
19.18500 feet from both the front and the rear is deemed to fully comply with this paragraph.
19.19(b) No person may operate a bicycle at any time when there is not sufficient light to
19.20render persons and vehicles on the highway clearly discernible at a distance of 500 feet
19.21ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be
19.22visible during the hours of darkness from 600 feet when viewed in front of lawful lower
19.23beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective
19.24materials on each side of each pedal to indicate their presence from the front or the rear and
19.25with a minimum of 20 square inches of reflective material on each side of the bicycle or its
19.26operator. Any bicycle equipped with side reflectors as required by regulations for new
19.27bicycles prescribed by the United States Consumer Product Safety Commission shall be
19.28considered to meet the requirements for side reflectorization contained in this subdivision.
19.29(c) A bicycle may be equipped with a front lamp that emits a white flashing signal,
19.30or a rear lamp that emits a red flashing signal, or both.
19.31(d) A bicycle may be equipped with tires having studs, spikes, or other protuberances
19.32designed to increase traction.
19.33(e) No person shall operate a bicycle unless it is equipped with a
rear brake
or
19.34front and rear brakes which will enable the operator to make
the a braked
wheels wheel
19.35 skid on dry, level, clean pavement.
A bicycle equipped with a direct or fixed gear that
20.1can make the rear wheel skid on dry, level, clean pavement shall be deemed to fully
20.2comply with this paragraph.
20.3(f) A bicycle may be equipped with a horn or bell designed to alert motor vehicles,
20.4other bicycles, and pedestrians of the bicycle's presence.
20.5(f) (g) No person shall operate upon a highway any two-wheeled bicycle equipped
20.6with handlebars so raised that the operator must elevate the hands above the level of the
20.7shoulders in order to grasp the normal steering grip area.
20.8(g) (h) No person shall operate upon a highway any bicycle which is of such a size
20.9as to prevent the operator from stopping the bicycle, supporting it with at least one foot
20.10on the highway surface and restarting in a safe manner.
20.11 Sec. 29. Minnesota Statutes 2012, section 169.34, subdivision 1, is amended to read:
20.12 Subdivision 1.
Prohibitions. (a) No person shall stop, stand, or park a vehicle,
20.13except when necessary to avoid conflict with other traffic or in compliance with the
20.14directions of a police officer or traffic-control device, in any of the following places:
20.15 (1) on a sidewalk;
20.16 (2) in front of a public or private driveway;
20.17 (3) within an intersection;
20.18 (4) within ten feet of a fire hydrant;
20.19 (5) on a crosswalk;
20.20 (6) within 20 feet of a crosswalk at an intersection;
20.21 (7) within 30 feet upon the approach to any flashing beacon, stop sign, or
20.22traffic-control signal located at the side of a roadway;
20.23 (8) between a safety zone and the adjacent curb or within 30 feet of points on the
20.24curb immediately opposite the ends of a safety zone, unless a different length is indicated
20.25by signs or markings;
20.26 (9) within 50 feet of the nearest rail of a railroad crossing;
20.27 (10) within 20 feet of the driveway entrance to any fire station and on the side of
20.28a street opposite the entrance to any fire station within 75 feet of said entrance when
20.29properly signposted;
20.30 (11) alongside or opposite any street excavation or obstruction when such stopping,
20.31standing, or parking would obstruct traffic;
20.32 (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a
20.33street;
20.34 (13) upon any bridge or other elevated structure upon a highway or within a highway
20.35tunnel, except as otherwise provided by ordinance;
21.1(14) within a bicycle lane, except when posted signs permit parking;
21.2(15) in an access aisle adjacent to a disability parking space; or
21.3 (14) (16) at any place where official signs prohibit stopping.
21.4 (b) No person shall move a vehicle not owned by such person into any prohibited
21.5area or away from a curb such distance as is unlawful.
21.6 (c) No person shall, for camping purposes, leave or park a travel trailer on or within
21.7the limits of any highway or on any highway right-of-way, except where signs are erected
21.8designating the place as a campsite.
21.9 (d) No person shall stop or park a vehicle on a street or highway when directed or
21.10ordered to proceed by any peace officer invested by law with authority to direct, control,
21.11or regulate traffic.
21.12 Sec. 30. Minnesota Statutes 2012, section 169.346, is amended by adding a subdivision
21.13to read:
21.14 Subd. 1a. Disability parking when designated spaces occupied or unavailable.
21.15In the event the designated disability parking spaces are either occupied or unavailable,
21.16a vehicle bearing a valid disability parking certificate issued under section 169.345 or
21.17license plates for physically disabled persons under section 168.021 may park at an angle
21.18and occupy two standard parking spaces.
21.19 Sec. 31. Minnesota Statutes 2012, section 169.346, subdivision 2, is amended to read:
21.20 Subd. 2.
Disability parking space signs. (a) Parking spaces reserved for physically
21.21disabled persons must be designated and identified by the posting of signs incorporating
21.22the international symbol of access in white on blue and indicating that violators are subject
21.23to a fine of up to $200. These parking spaces are reserved for disabled persons with motor
21.24vehicles displaying the required certificate, plates, permit valid for 30 days, or insignia.
21.25(b) For purposes of this subdivision, a parking space that is clearly identified as
21.26reserved for physically disabled persons by a permanently posted sign that does not
21.27meet all design standards, is considered designated and reserved for physically disabled
21.28persons. A sign posted for the purpose of this section must be visible from inside a motor
21.29vehicle parked in the space, be kept clear of snow or other obstructions which block its
21.30visibility, and be nonmovable
or only movable by authorized persons.
21.31 Sec. 32. Minnesota Statutes 2012, section 169.443, subdivision 9, is amended to read:
21.32 Subd. 9.
Personal cellular phone call prohibition. (a) As used in this subdivision,
21.33"school bus" has the meaning given in section
169.011, subdivision 71. In addition, the
22.1term includes type III vehicles as defined in section
169.011, subdivision 71, when driven
22.2by employees or agents of school districts.
22.3 (b) A school bus driver may not operate a school bus while communicating over, or
22.4otherwise operating, a cellular phone for personal reasons, whether handheld or hands
22.5free, when the vehicle is in motion
or a part of traffic.
22.6 Sec. 33. Minnesota Statutes 2012, section 169.447, subdivision 2, is amended to read:
22.7 Subd. 2.
Driver seat belt. School buses and Head Start buses must be equipped
22.8with driver seat belts and seat belt assemblies of the type described in section
169.685,
22.9subdivision 3
.
School bus drivers and Head Start bus drivers must use these seat belts. A
22.10properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
22.11vehicle is so equipped, shall be worn by the driver.
22.12 Sec. 34. Minnesota Statutes 2012, section 169.454, subdivision 12, is amended to read:
22.13 Subd. 12.
Option. Passenger cars and station wagons Type III vehicles may carry
22.14fire extinguisher, first aid kit, and warning triangles in the trunk or trunk area of the vehicle,
22.15if a label in the driver and front passenger area clearly indicates the location of these items.
22.16 Sec. 35. Minnesota Statutes 2012, section 169.68, is amended to read:
22.17169.68 HORN, SIREN.
22.18(a) Every motor vehicle when operated upon a highway must be equipped with
22.19a horn in good working order and capable of emitting sound audible under normal
22.20conditions from a distance of not less than 200 feet. However, the horn or other warning
22.21device must not emit an unreasonably loud or harsh sound or a whistle. The driver of a
22.22motor vehicle shall, when reasonably necessary to insure safe operation, give audible
22.23warning with the horn, but shall not otherwise use the horn when upon a highway.
22.24(b) A vehicle must not be equipped with, and a person shall not use upon a vehicle,
22.25any siren, whistle, or bell, except as otherwise permitted in this section.
22.26(c) It is permissible, but not required, for any commercial vehicle to be equipped
22.27with a theft alarm signal device, so arranged that it cannot be used by the driver as an
22.28ordinary warning signal.
22.29(d) All authorized emergency vehicles must be equipped with a siren capable of
22.30emitting sound audible under normal conditions from a distance of not less than 500 feet
22.31and of a type conforming to the federal certification standards for sirens, as determined by
22.32the General Services Administration. However, the siren must not be used except when the
22.33vehicle is operated in response to an emergency call or in the immediate pursuit of an actual
23.1or suspected violator of the law, in which latter events the driver of the vehicle shall sound
23.2the siren when necessary to warn pedestrians and other drivers of the vehicle's approach.
23.3(e) It is permissible, but not required, for a bicycle to be equipped with a horn or bell
23.4designed to alert motor vehicles, other bicycles, and pedestrians of the bicycle's presence.
23.5 Sec. 36. Minnesota Statutes 2012, section 171.01, subdivision 49b, is amended to read:
23.6 Subd. 49b.
Valid medical examiner's certificate. (a) "Valid medical examiner's
23.7certificate" means a record, on a form prescribed by the department:
23.8(1) of a medical examiner's examination of a person who holds or is applying for a
23.9class A, class B, or class C commercial driver's license;
23.10(2) upon which the medical examiner attests that the applicant or license holder is
23.11physically qualified to drive a commercial motor vehicle; and
23.12(3) that is not expired.
23.13(b) A valid medical examiner's certificate must be issued by a medical examiner
23.14who is certified by the Federal Motor Carrier Administration and listed on the National
23.15Registry of Certified Medical Examiners.
23.16EFFECTIVE DATE.The section is effective May 1, 2014.
23.17 Sec. 37. Minnesota Statutes 2012, section 171.07, subdivision 3a, is amended to read:
23.18 Subd. 3a.
Identification cards for seniors. A Minnesota identification card issued
23.19to an applicant 65 years of age or over shall be of a distinguishing color and plainly
23.20marked "senior." The fee for the card issued to an applicant 65 years of age or over shall
23.21be one-half the required fee for a class D driver's license rounded down to the nearest
23.22quarter dollar. A Minnesota identification card or a Minnesota driver's license issued to a
23.23person 65 years of age or over shall be valid identification for the purpose of qualifying
23.24for reduced rates, free licenses or services provided by any board, commission, agency or
23.25institution that is wholly or partially funded by state appropriations.
This subdivision does
23.26not apply to an enhanced identification card issued to an applicant age 65 or older.
23.27 Sec. 38. Minnesota Statutes 2012, section 171.07, subdivision 4, is amended to read:
23.28 Subd. 4.
Expiration. (a) Except as otherwise provided in this subdivision, the
23.29expiration date of Minnesota identification cards of applicants under the age of 65 shall be
23.30the birthday of the applicant in the fourth year following the date of issuance of the card.
23.31(b)
A Minnesota identification
cards card issued to
applicants an applicant age 65 or
23.32over older shall be valid for the lifetime of the applicant
, except that for the purposes of
24.1this paragraph, "Minnesota identification card" does not include an enhanced identification
24.2card issued to an applicant age 65 or older.
24.3(c) The expiration date for an Under-21 identification card is the cardholder's 21st
24.4birthday. The commissioner shall issue an identification card to a holder of an Under-21
24.5identification card who applies for the card, pays the required fee, and presents proof of
24.6identity and age, unless the commissioner determines that the applicant is not qualified
24.7for the identification card.
24.8 Sec. 39. Minnesota Statutes 2012, section 174.02, is amended by adding a subdivision
24.9to read:
24.10 Subd. 2a. Transportation ombudsperson. (a) The commissioner shall appoint a
24.11person to the position of transportation ombudsperson. The transportation ombudsperson
24.12reports directly to the commissioner. The ombudsperson must be selected without regard to
24.13political affiliation and must be qualified to perform the duties specified in this subdivision.
24.14(b) Powers and duties of the transportation ombudsperson include, but are not
24.15limited to:
24.16(1) providing a neutral, independent resource for dispute and issue resolution between
24.17the department and the general public where another mechanism or forum is not available;
24.18(2) gathering information about decisions, acts, and other matters of the department;
24.19(3) providing information to the general public;
24.20(4) facilitating discussions or arranging mediation when appropriate; and
24.21(5) maintaining and monitoring performance measures for the ombudsperson
24.22program.
24.23(c) The transportation ombudsperson may not hold another formal position within
24.24the department. The transportation ombudsperson may not impose a complaint fee.
24.25 Sec. 40. Minnesota Statutes 2012, section 174.24, subdivision 5a, is amended to read:
24.26 Subd. 5a.
Method of payment, nonoperating assistance. Payments for planning
24.27and engineering design, eligible capital assistance,
operating assistance, and other
24.28eligible assistance for public transit services furthering the purposes of section
174.21,
24.29excluding operating assistance, shall be made in an appropriate manner as determined by
24.30the commissioner.
24.31 Sec. 41.
[174.45] PUBLIC-PRIVATE PARTNERSHIPS; JOINT PROGRAM
24.32OFFICE.
25.1The commissioner may establish a joint program office to oversee and coordinate
25.2activities to develop, evaluate, and implement public-private partnerships involving public
25.3infrastructure investments. At the request of the commissioner of transportation, the
25.4commissioner of Minnesota Management and Budget, the commissioner of employment
25.5and economic development, the executive director of the Public Facilities Authority, and
25.6other state agencies shall cooperate with and provide assistance to the commissioner
25.7of transportation for activities related to public-private partnerships involving public
25.8infrastructure investments.
25.9 Sec. 42. Minnesota Statutes 2012, section 219.17, is amended to read:
25.10219.17 UNIFORM WARNING SIGNS.
25.11The commissioner by rule shall require that uniform warning signs be placed at
25.12grade crossings. There
must be at least three are four distinct types of uniform warning
25.13signs: a
home crossing crossbuck sign, for use in the immediate vicinity of the crossing;
25.14an
approach crossing advance warning sign, to indicate the approach to a grade crossing;
a
25.15yield sign with the word "yield" plainly appearing on it; and, when deemed necessary
and
25.16instead of a yield sign, a stop sign with the word "stop" plainly appearing on it, to indicate
25.17that persons on the highway approaching the crossing, whether in vehicles or otherwise,
25.18must come to a stop before proceeding over the grade crossing.
25.19 Sec. 43. Minnesota Statutes 2012, section 219.18, is amended to read:
25.20219.18 RAILROAD TO ERECT SIGN.
25.21At each grade crossing established after April 23, 1925 and where and when crossing
25.22signs existing as of April 24, 1925 are replaced, the railway company operating the railroad
25.23at that crossing shall erect and maintain one or more uniform
home crossing crossbuck
25.24 signs. The signs must be on each side of the railroad tracks and within
75 50 feet from the
25.25nearest rail
, or at a distance greater than 50 feet as determined by the commissioner.
25.26 Sec. 44. Minnesota Statutes 2012, section 219.20, is amended to read:
25.27219.20 STOP SIGN; YIELD SIGN.
25.28 Subdivision 1.
When installation required; procedure. At each grade crossing
not
25.29equipped with flashing lights or flashing lights and gates where, because of the dangers
25.30attendant upon its use, the reasonable protection of life and property makes it necessary
25.31for persons approaching the crossing to stop
or yield before crossing the railroad tracks,
25.32stop signs
or yield signs must be installed. When the government entity responsible for a
26.1road that crosses a railroad track deems it necessary to install stop signs
or yield signs
26.2 at that crossing, it shall petition the commissioner to order the installation of the stop
26.3signs
or yield signs. The commissioner shall respond to the petition by investigating
26.4the conditions at the crossing to determine whether stop signs
or yield signs should be
26.5installed at the crossing. On determining, after an investigation following a petition from
26.6a governmental agency or subdivision or on the commissioner's own motion, that stop
26.7signs
or yield signs should be installed at a crossing, the commissioner shall designate
26.8the crossing as a stop crossing
or yield crossing and shall notify the railway company
26.9operating the railroad at the crossing of this designation. Within 30 days after notification,
26.10the railway company shall erect the uniform stop crossing signs
or yield crossing signs in
26.11accordance with the commissioner's order.
26.12 Subd. 2.
Stopping distances. When a stop sign
or a yield sign has been erected at
26.13a railroad crossing, the driver of a vehicle approaching a railroad crossing shall stop
or
26.14yield within 50 feet, but not less than ten feet, from the nearest track of the crossing and
26.15shall proceed only upon exercising due care.
26.16 Sec. 45. Minnesota Statutes 2012, section 221.0314, subdivision 2, is amended to read:
26.17 Subd. 2.
Qualification of driver. Code of Federal Regulations, title 49, part
26.18391 and appendixes D and E, are incorporated by reference except for sections 391.2;
26.19391.11, paragraph (b)(1); 391.47; 391.49; 391.62; 391.64; 391.67; 391.68; and 391.69. In
26.20addition, cross-references to sections or paragraphs not incorporated in this subdivision
26.21are not incorporated by reference.
For medical examinations conducted on and after May
26.2221, 2014, the term "medical examiner" as used in this section and in the rules promulgated
26.23under this section means an individual certified by the Federal Motor Carrier Safety
26.24Administration and listed on the National Registry of Certified Medical Examiners.
26.25 Sec. 46. Minnesota Statutes 2012, section 221.0314, subdivision 3a, is amended to read:
26.26 Subd. 3a.
Waiver for other medical condition. (a) The commissioner may grant
26.27a waiver to a person who is not physically qualified to drive under Code of Federal
26.28Regulations, title 49, section 391.41,
paragraph (b)(3) to (b)(13) paragraph (b)(3), (b)(10),
26.29or (b)(11). A waiver granted under this subdivision applies to intrastate transportation only.
26.30(b) A person who wishes to obtain a waiver under this subdivision must give the
26.31commissioner the following information:
26.32(1) the applicant's name, address, and telephone number;
26.33(2) the name, address, and telephone number of an employer coapplicant, if any;
27.1(3) a description of the applicant's experience in driving the type of vehicle to be
27.2operated under the waiver;
27.3(4) a description of the type of driving to be done under the waiver;
27.4(5) a description of any modifications to the vehicle the applicant intends to drive
27.5under the waiver that are designed to accommodate the applicant's medical condition or
27.6disability;
27.7(6) whether the applicant has been granted another waiver under this subdivision;
27.8(7) a copy of the applicant's current driver's license;
27.9(8) a copy of a medical examiner's
report and medical examiner's certificate showing
27.10that the applicant is medically unqualified to drive unless a waiver is granted;
27.11(9) a statement from the applicant's treating physician that includes:
27.12(i) the extent to which the physician is familiar with the applicant's medical history;
27.13(ii) a description of the applicant's medical condition for which a waiver is necessary;
27.14(iii) assurance that the applicant has the ability and willingness to follow any course
27.15of treatment prescribed by the physician, including the ability to self-monitor or manage
27.16the medical condition; and
27.17(iv) the physician's professional opinion that the applicant's condition will not
27.18adversely affect the applicant's ability to operate a
commercial motor vehicle safely; and
27.19(10) any other information considered necessary by the commissioner including
27.20requiring a physical examination or medical report from a physician who specializes
27.21in a particular field of medical practice.
27.22(c) In granting a waiver under this subdivision, the commissioner may impose
27.23conditions the commissioner considers necessary to ensure that an applicant is able to
27.24operate a motor vehicle safely and that the safety of the general public is protected.
27.25(d) A person who is granted a waiver under this subdivision must:
27.26(1) at intervals specified in the waiver, give the commissioner periodic reports from
27.27the person's treating physician, or a medical specialist if the commissioner so requires in
27.28the waiver, that contain the information described in paragraph (b), clause (9), together
27.29with a description of any episode that involved the person's loss of consciousness or loss
27.30of ability to operate a motor vehicle safely; and
27.31(2) immediately report the person's involvement in an accident for which a report is
27.32required under section
169.09, subdivision 7.
27.33(e) The commissioner shall deny an application if, during the three years preceding
27.34the application:
28.1(1) the applicant's driver's license has been suspended under section
171.18,
28.2paragraph (a), clauses (1) to (9), (11), and (12), canceled under section
171.14, or revoked
28.3under section
171.17,
171.172, or
171.174;
28.4(2) the applicant has been convicted of a violation under section
171.24; or
28.5(3) the applicant has been convicted of a disqualifying offense, as defined in Code
28.6of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
28.7by reference.
28.8(f) (e) The commissioner may deny an application or may immediately revoke
28.9a waiver granted under this subdivision. Notice of the commissioner's reasons for
28.10denying an application or for revoking a waiver must be in writing and must be mailed
28.11to the applicant's or waiver holder's last known address by certified mail, return receipt
28.12requested. A person whose application is denied or whose waiver is revoked is entitled to
28.13a hearing under chapter 14.
28.14(g) (f) A waiver granted under this subdivision expires on the date of expiration
28.15shown on the medical examiner's certificate described in paragraph (b), clause (8).
28.16 Sec. 47.
CONVEYANCE OF STATE LAND; LE SUEUR COUNTY.
28.17(a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, 92.45,
28.18161.43, and 161.44, or any other law to the contrary, the commissioner of transportation
28.19may convey and quitclaim to a private party all right, title, and interest of the state of
28.20Minnesota, in the land described in paragraph (e). The consideration for a conveyance
28.21shall be the cost of planning, designing, acquiring, constructing, and equipping a
28.22comparable rest area facility.
28.23(b) Proceeds from the sale of real estate or buildings under this section shall be
28.24deposited in the safety rest area account established in Minnesota Statutes, section
28.25160.2745.
28.26(c) The conveyance must be in a form approved by the attorney general. The
28.27attorney general may make changes to the land description to correct errors and ensure
28.28accuracy. The conveyance may take place only upon conditions determined by the
28.29commissioner of transportation.
28.30(d) No direct access shall be permitted between marked Trunk Highway 169 and the
28.31land conveyed under this section.
28.32(e) The land to be conveyed is located in Le Sueur County and is described as
28.33tracts A, B, and C:
28.34 Tract A consists of that part of the West Half of the Southeast Quarter of Section 19,
28.35Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying southeasterly of
29.1the southeasterly right-of-way line of marked Trunk Highway 169 as the same was located
29.2prior to January 1, 1990, and northerly of the northerly right-of-way line of old marked
29.3Trunk Highway 169 (now known as County State-Aid Highway 28); excepting therefrom
29.4that part thereof lying southwesterly of the following described line: From a point on the
29.5east line of said Section 19, distant 1273 feet north of the east quarter corner thereof, run
29.6southwesterly at an angle of 37 degrees 47 minutes 00 seconds from said east section line
29.7(measured from south to west) for 3332.5 feet; thence deflect to the right on a 01 degree
29.800 minute 00 second curve (delta angle 40 degrees 11 minutes 00 seconds) having a length
29.9of 4018.3 feet for 133.6 feet to the point of beginning of the line to be described; thence
29.10deflect to the left at an angle of 90 degrees 00 minutes 00 seconds to the tangent of said
29.11curve at said point for 1000 feet and there terminating.
29.12 Tract B consists of that part of the East Half of the Southeast Quarter of Section 19,
29.13Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying southerly of the
29.14southeasterly right-of-way line of marked Trunk Highway 169 as located prior to January
29.151, 1990, northerly of the northerly right-of-way line of old marked Trunk Highway 169
29.16(now known as County State-Aid Highway 28) and westerly of the following described
29.17line: From a point on the east line of said Section 19, distant 1273 feet north of the East
29.18Quarter corner thereof, run southwesterly at an angle of 37 degrees 47 minutes 00 seconds
29.19from said east section line (measured from south to west) for 2318 feet to the point of
29.20beginning of the line to be described; thence deflect to the left at an angle of 90 degrees 00
29.21minutes 00 seconds for 400 feet; thence deflect to the right at an angle of 43 degrees 00
29.22minutes 00 seconds for 1100 feet and there terminating.
29.23 Tract C consists of that part of the Southwest Quarter of the Southeast Quarter of
29.24Section 19, Township 112 North, Range 25 West, Le Sueur County, Minnesota, lying
29.25southeasterly of marked Trunk Highway 169 as located prior to January 1, 1971, and
29.26northwesterly of old marked Trunk Highway 169 (now known as County State-Aid
29.27Highway 28) and southwesterly of the following described line: From a point on the east
29.28line of said Section 19, distant 1273 feet north of the East Quarter corner thereof, run
29.29southwesterly at an angle of 37 degrees 47 minutes 00 seconds with said east section line
29.30for 3332.5 feet; thence deflect to the right on a 01 degree 00 minute 00 second curve
29.31(delta angle 40 degrees 11 minutes 00 seconds) having a length of 4018.3 feet for 133.6
29.32feet to the point of beginning of the line to be described; thence deflect to the left at an
29.33angle of 90 degrees 00 minutes 00 seconds with the tangent of said curve at said point for
29.341000 feet and there terminating.
29.35EFFECTIVE DATE.This section is effective the day following final enactment.
30.1 Sec. 48.
LEGISLATIVE ROUTE NO. 235 REMOVED.
30.2(a) Minnesota Statutes, section 161.115, subdivision 166, is repealed effective the
30.3day after the commissioner of transportation receives a copy of the agreement between
30.4the commissioner and the governing body of Otter Tail County to transfer jurisdiction of
30.5Legislative Route No. 235 and notifies the revisor of statutes under paragraph (b).
30.6(b) The revisor of statutes shall delete the route identified in paragraph (a) from
30.7Minnesota Statutes when the commissioner of transportation sends notice to the revisor
30.8electronically or in writing that the conditions required to transfer the route have been
30.9satisfied.
30.10 Sec. 49.
LEGISLATIVE ROUTE NO. 256 REMOVED.
30.11(a) Minnesota Statutes, section 161.115, subdivision 187, is repealed effective the
30.12day after the commissioner of transportation receives a copy of the agreement between the
30.13commissioner and the governing body of Blue Earth County to transfer jurisdiction of
30.14Legislative Route No. 256 and notifies the revisor of statutes under paragraph (b).
30.15(b) The revisor of statutes shall delete the route identified in paragraph (a) from
30.16Minnesota Statutes when the commissioner of transportation sends notice to the revisor
30.17electronically or in writing that the conditions required to transfer the route have been
30.18satisfied.
30.19 Sec. 50.
REPEALER.
30.20(a) Minnesota Statutes 2012, section 168.094, is repealed.
30.21(b) Minnesota Statutes 2012, section 174.24, subdivision 5, is repealed.
30.22(c) Minnesota Rules, part 8820.3300, subpart 2, is repealed.
30.23 Sec. 51.
EFFECTIVE DATE.
30.24Except as provided otherwise, this act is effective August 1, 2013."
30.25Delete the title and insert:
30.27relating to transportation; amending various provisions related to transportation
30.28policy, including logo sign program, trunk highway routes, state-aid systems,
30.29motor vehicle registration, license plates, vehicle dealers, pupil transportation,
30.30traffic regulations, bicycles, parking, motor vehicle equipment, driver licensing,
30.31agency organization, commercial vehicle regulations, and land conveyance;
30.32repealing laws;amending Minnesota Statutes 2012, sections 160.80, subdivisions
30.331, 1a, 2; 161.04, subdivision 5; 161.115, subdivision 229, by adding a subdivision;
30.34161.1231, subdivision 8; 161.14, by adding a subdivision; 162.02, subdivision
30.353a; 162.09, subdivision 3a; 162.13, subdivision 2; 168.017, subdivisions 2, 3;
30.36168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187,
30.37subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 169.011,
30.38subdivision 71; 169.04; 169.18, subdivisions 4, 7; 169.19, subdivision 1;
31.1169.222, subdivisions 2, 4, 6; 169.34, subdivision 1; 169.346, subdivision 2, by
31.2adding a subdivision; 169.443, subdivision 9; 169.447, subdivision 2; 169.454,
31.3subdivision 12; 169.68; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4;
31.4174.02, by adding a subdivision; 174.24, subdivision 5a; 219.17; 219.18; 219.20;
31.5221.0314, subdivisions 2, 3a; proposing coding for new law in Minnesota
31.6Statutes, chapter 174; repealing Minnesota Statutes 2012, sections 168.094;
31.7174.24, subdivision 5; Minnesota Rules, part 8820.3300, subpart 2."