1.1    .................... moves to amend H. F. No. 1351 as follows:
1.2Delete everything after the enacting clause and insert:

1.3"ARTICLE 1
1.4TRANSPORTATION POLICY

1.5    Section 1. Minnesota Statutes 2006, section 160.02, is amended by adding a
1.6subdivision to read:
1.7    Subd. 18a. Expressway. "Expressway" means a divided highway with partial
1.8control of access.

1.9    Sec. 2. Minnesota Statutes 2006, section 160.02, subdivision 19, is amended to read:
1.10    Subd. 19. Freeway or expressway. "Freeway" or "expressway" means a divided,
1.11controlled-access highway with four or more lanes full control of access.

1.12    Sec. 3. Minnesota Statutes 2006, section 161.14, subdivision 18, is amended to read:
1.13    Subd. 18. Voyageur Highway. The following route is named and designated the
1.14"Voyageur Highway":
1.15    (a) Beginning at a point on Trunk Highway No. 26 on the boundary line between
1.16the states of Minnesota and Iowa; thence northerly along Trunk Highway No. 26 to its
1.17junction with Trunk Highway No. 61; thence northwesterly along Trunk Highway No.
1.1861 to its junction with Trunk Highway No. 10 in the city of St. Paul; thence extending
1.19in a general northwesterly direction along Trunk Highway No. 10 to its junction with
1.20Trunk Highway No. 371 at Little Falls; thence extending in a general northerly direction
1.21along Trunk Highway No. 371 to its junction with Trunk Highway No. 210 at Brainerd;
1.22thence northeasterly along Trunk Highway No. 210 to its junction with Trunk Highway
1.23No. 169 at Aitkin; thence in a general northerly direction along Trunk Highway No. 169
1.24to its junction with Trunk Highway No. 2 at Grand Rapids; thence northwesterly along
1.25Trunk Highway No. 2 to its junction with Trunk Highway No. 71 at Bemidji; thence
1.26northeasterly along Trunk Highway No. 71 to its junction with Trunk Highway No. 11
1.27at Pelland; thence northeasterly along Trunk Highway No. 11 to its junction with Trunk
2.1Highway No. 53 at International Falls; thence southeasterly along Trunk Highway No. 53
2.2to its junction with Trunk Highway No. 61 Central Entrance at Duluth;. Beginning at a
2.3point on Trunk Highway No. 61 at its junction with Interstate Highway 35 and thence
2.4northeasterly along Trunk Highway No. 61 to the boundary line between the state of
2.5Minnesota and the province of Ontario, Canada.
2.6    (b) The route of the Voyageur Highway designated and described in clause (a) is
2.7supplemented by legs or alternative routes described as follows:
2.8    Beginning at a point on Trunk Highway No. 1 at its junction with Trunk Highway
2.9No. 61 northerly of Silver Bay; thence northwesterly along Trunk Highway No. 1 to Ely;
2.10thence southwesterly along Trunk Highway No. 1 to its junction with Trunk Highway No.
2.11169; thence southerly and westerly along Trunk Highway No. 169 to its junction with
2.12Trunk Highway No. 53, and there terminating.
2.13    Beginning at a point on Trunk Highway No. 11 at its junction with Trunk Highway
2.14No. 53 at International Falls; thence easterly along Trunk Highway No. 11 to its easterly
2.15terminus near Island View.
2.16    Beginning at a point on Trunk Highway No. 33 at its junction with Interstate
2.17Highway marked I-35 southerly of Cloquet, thence northerly along Trunk Highway No.
2.1833 to its junction with Trunk Highway No. 53.
2.19    (c) The commissioner of transportation shall:
2.20    (1) adopt a suitable marking design of signs or informational plaques;
2.21    (2) effect the installation of such signs or plaques in public waysides or other public
2.22areas as approved and designated by the commissioner.

2.23    Sec. 4. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision
2.24to read:
2.25    Subd. 57. Walter F. Mondale Drive. Trunk Highway marked 53 from its
2.26intersection with Superior Street to its intersection with Central Entrance in the city of
2.27Duluth, as signed on the effective date of this section, is designated "Walter F. Mondale
2.28Drive." Subject to section 161.139, the commissioner of transportation shall adopt a
2.29suitable marking design to mark this highway and erect appropriate signs.

2.30    Sec. 5. Minnesota Statutes 2006, section 161.32, subdivision 1, is amended to read:
2.31    Subdivision 1. Advertisement for bids. The commissioner may conduct the work
2.32or any part of the work incidental to the construction and maintenance of the trunk
2.33highways by labor employed to do the work or by contract. In cases of construction work,
2.34the commissioner shall first advertise for bids for contracts, and if no satisfactory bids are
2.35received, may either reject all bids and readvertise, or do the work by labor employed to
2.36do the work. Except as provided in subdivision 3 or 4, when work is to be done under
3.1contract, the commissioner shall advertise for bids once each week for three successive
3.2weeks prior to the date the bids are to be received. The advertisement for bids must be
3.3published in a newspaper or other periodical of general circulation in the state and may be
3.4placed on the Internet. The plans and specifications for the proposed work must be on file
3.5in the commissioner's office prior to the first call for bids.

3.6    Sec. 6. Minnesota Statutes 2006, section 161.32, subdivision 1b, is amended to read:
3.7    Subd. 1b. Lowest responsible bidder; electronic bids. Bidders may submit
3.8bids electronically in a form and manner required by the commissioner; however, the
3.9commissioner may require that all bids of $5,000,000 and over for trunk highway contracts
3.10must be submitted electronically. Notwithstanding section 13.591, subdivision 3, or any
3.11other law or rule to the contrary, bids are not required to be opened and read in public if
3.12the commissioner publishes the public data specified by section 13.591, subdivision 3,
3.13on a state Web site immediately after the deadline for receipt of bids has passed. Bids
3.14for federal-aid highway projects must be conducted in accordance with Code of Federal
3.15Regulations, title 23, section 635. Trunk highway construction contracts, including
3.16design-build contracts, must be awarded to the lowest responsible bidder, taking into
3.17consideration conformity with the specifications, the purpose for which the contract or
3.18purchase is intended, the status and capability of the vendor, and other considerations
3.19imposed in the call for bids. The commissioner may decide which is the lowest responsible
3.20bidder for all contracts and may use the principles of life-cycle costing, when appropriate,
3.21in determining the lowest overall bid. Any or all bids may be rejected. When competitive
3.22bids are required and all bids are rejected, new bids, if solicited, must be called for as in
3.23the first instance, unless otherwise provided by law.

3.24    Sec. 7. Minnesota Statutes 2006, section 161.32, subdivision 4, is amended to read:
3.25    Subd. 4. Trunk highways damaged by spring breakup. Contracts may be
3.26let for the repair and restoration of trunk highways damaged by spring breakup upon
3.27advertisement for bids and publication thereof in a newspaper or periodical of general
3.28circulation for a period of one week prior to the date such bids are to be received, and
3.29upon the mailing of such advertisements to all contractors who have filed a written request
3.30therefor.

3.31    Sec. 8. [161.3203] CONTRACTS FOR WORK, SUPPLIES, OR MATERIALS
3.32FOR TRUNK HIGHWAY.
3.33    Subdivision 1. Privatization transportation contracts. For purposes of this
3.34section, "privatization transportation contract" means an enforceable agreement, or
3.35combination or series of agreements, by which a private contractor agrees with the
4.1commissioner of transportation to provide work, supplies, or materials 1) that is incidental
4.2to the construction or improvement of trunk highways, including but not limited to
4.3predesign, design, and preliminary engineering, or 2) for maintenance of trunk highways.
4.4A privatization transportation contract does not include a design-build contract as defined
4.5in section 161.3410, subdivision 3.
4.6    Subd. 2. Applicability. This section applies to privatization transportation contracts
4.7in a total amount of $25,000 or more. The requirements imposed by this section are in
4.8addition to, and do not supersede, the requirements of any other applicable section of law.
4.9    Subd. 3. Review of contract costs. (a) Before entering into a privatization
4.10transportation contract, the commissioner of transportation shall prepare a comprehensive
4.11written estimate of the cost of having the same work, supplies, or materials provided in
4.12the most cost-effective manner by agency employees. The cost estimate must include
4.13all direct costs of having agency employees provide the work, supplies, or materials,
4.14including the cost of pension, insurance, and other employee benefits. The cost estimate is
4.15nonpublic data, as defined in section 13.02, subdivision 9, until the day after the deadline
4.16for receipt of responses under paragraph (b), when it becomes public data.
4.17    (b) After soliciting and receiving responses, the commissioner shall publicly
4.18designate the responder to which it proposes to award the privatization contract. The
4.19commissioner shall prepare a comprehensive written estimate of the cost of the proposal
4.20based on the designated responder's bid, including the cost of a transition from public
4.21to private provision of the work, any additional unemployment and retirement benefits
4.22resulting from the transfer, and costs associated with monitoring the proposed contract. If
4.23the designated responder proposes to perform any or all of the desired services outside the
4.24state, the commissioner of transportation shall include in the cost estimate, as nearly as
4.25possible, any loss of sales and income tax revenue to the state. The cost estimate must
4.26not include trade secret data which is classified as nonpublic data under section 13.37,
4.27subdivision 2.
4.28    (c) Before entering into a privatization transportation contract for $250,000 or more,
4.29the commissioner shall determine that:
4.30    (1) the cost estimated under paragraph (b) will be lower than the cost estimated
4.31under paragraph (a);
4.32    (2) the quality of the work, supplies, or materials to be provided by the designated
4.33responder is likely to equal or exceed the quality of services that could be provided by
4.34department of transportation employees; and
4.35    (3) the proposed privatization contract is in the public interest.
5.1    Subd. 4. Reports. The commissioner shall provide, no later than September 1, an
5.2annual written report to the legislature, in compliance with sections 3.195 and 3.197, and
5.3shall submit the report to the chairs of the senate and house of representatives committees
5.4having jurisdiction over transportation. The report must list all privatization transportation
5.5contracts within the meaning of this section that were executed or performed, whether
5.6wholly or in part, in the previous fiscal year. The report must identify, with respect to each
5.7contract, the contractor; contract amount; duration; work, supplies, or materials provided
5.8or to be provided; the comprehensive estimate derived under subdivision 3, paragraph (a);
5.9the comprehensive estimate derived under subdivision 3, paragraph (b); the actual cost to
5.10the agency of the contractor's performance of the contract; and for contracts of at least
5.11$250,000 a statement containing the commissioner's determinations under subdivision 3,
5.12paragraph (c).
5.13    Subd. 5. Short title. This section may be cited as the "Taxpayers' Transportation
5.14Accountability Act."
5.15EFFECTIVE DATE.This section is effective the day following final enactment.

5.16    Sec. 9. Minnesota Statutes 2006, section 164.06, subdivision 2, is amended to read:
5.17    Subd. 2. Extinguishing interest in abandoned road. (a) After providing notice
5.18under section 366.01, subdivision 8 as required in paragraph (c), the town board may by
5.19resolution disclaim and extinguish a town interest in a town road without action under
5.20subdivision 1 if:
5.21    (1) the extinguishment is found by the town board to be in the public interest;
5.22    (2) the interest is not a fee interest;
5.23    (3) the interest was established more than 25 years earlier;
5.24    (4) the interest is not recorded or filed with the county recorder;
5.25    (5) no road improvement has been constructed on a right-of-way affected by the
5.26interest within the last 25 years; and
5.27    (6) no road maintenance on a right-of-way affected by the interest has occurred
5.28within the last 25 years.
5.29    (b) The resolution shall be filed with the county auditor and recorded with the
5.30county recorder.
5.31    (c) Before the meeting on any resolution to disclaim and extinguish a town interest
5.32in a town road under this subdivision, the town board shall provide notice to affected
5.33landowners in the same manner as a petitioner under section 164.07, subdivision 2. A
5.34notice must also be posted as provided under section 366.01, subdivision 8.
5.35EFFECTIVE DATE.This section is effective the day following final enactment.

6.1    Sec. 10. Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read:
6.2    Subd. 22. Special mobile equipment. "Special mobile equipment" means every
6.3vehicle not designed or used primarily for the transportation of persons or property
6.4and only incidentally operated or moved over a highway, including but not limited to:
6.5ditch-digging apparatuses, moving dollies, pump hoists and other water well-drilling
6.6equipment registered under chapter 103I, vehicle-mounted concrete pumps with or
6.7without placement booms, street-sweeping vehicles, and other machinery such as
6.8asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors,
6.9ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers,
6.10truck-mounted log loaders, earth-moving carryalls, scrapers, power shovels, draglines,
6.11self-propelled cranes, and earth-moving equipment. The term does not include travel
6.12trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other
6.13motor vehicles designed for the transportation of persons or property to which machinery
6.14has been attached.

6.15    Sec. 11. Minnesota Statutes 2006, section 169.01, subdivision 19, is amended to read:
6.16    Subd. 19. Explosives. "Explosives" means any chemical compound or mechanical
6.17mixture that is commonly used or intended for the purpose of producing an explosion
6.18and which contains any oxidizing and combustive units or other ingredients in such
6.19proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by
6.20percussion, or by detonator of any part of the compound or mixture may cause such a
6.21sudden generation of highly heated gases that the resultant gaseous pressures are capable
6.22of producing destructible effects on contiguous objects or of destroying life or limb has
6.23the meaning given in Code of Federal Regulations, title 49, section 173.50.

6.24    Sec. 12. Minnesota Statutes 2006, section 169.01, subdivision 20, is amended to read:
6.25    Subd. 20. Flammable liquid. "Flammable liquid" means has the meaning given
6.26any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a
6.27tagliabue or equivalent closed cup test device defined in Code of Federal Regulations,
6.28title 49, section 173.120.

6.29    Sec. 13. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
6.30to read:
6.31    Subd. 92. Valid license; valid driver's license. "Valid license," "valid driver's
6.32license," "valid Minnesota driver's license," "valid standard driver's license," or other
6.33similar term, has the meaning given in section 171.01, subdivision 49a.

6.34    Sec. 14. Minnesota Statutes 2006, section 169.06, subdivision 5, is amended to read:
7.1    Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
7.2signals exhibiting different colored lights, or colored lighted arrows, successively one at a
7.3time or in combination, only the colors Green, Red, and Yellow shall be used, except for
7.4special pedestrian signals carrying a word or legend. The traffic-control signal lights or
7.5colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
7.6    (1) Green indication:
7.7    (i) Vehicular traffic facing a circular green signal may proceed straight through or
7.8turn right or left unless a sign at such place prohibits either turn. But vehicular traffic,
7.9including vehicles turning right or left, shall yield the right-of-way to other vehicles
7.10and to pedestrians lawfully within the intersection or adjacent crosswalk at the time this
7.11signal is exhibited.
7.12    (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
7.13another indication, may cautiously enter the intersection only to make the movement
7.14indicated by the arrow, or other movement as permitted by other indications shown at the
7.15same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully
7.16within an adjacent crosswalk and to other traffic lawfully using the intersection.
7.17    (iii) Unless otherwise directed by a pedestrian-control signal as provided in
7.18subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
7.19turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
7.20Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
7.21pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
7.22time that the green signal indication is first shown.
7.23    (2) Steady yellow indication:
7.24    (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
7.25warned that the related green movement is being terminated or that a red indication will be
7.26exhibited immediately thereafter when vehicular traffic must not enter the intersection,
7.27except for the continued movement allowed by any green arrow indication simultaneously
7.28exhibited.
7.29    (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
7.30pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
7.31insufficient time to cross the roadway before a red indication is shown and no pedestrian
7.32shall then start to cross the roadway.
7.33    (iii) Vehicular traffic facing a steady yellow arrow signal is thereby warned that
7.34the protected vehicular movement permitted by the corresponding prior green arrow
7.35indication is being terminated.
7.36    (3) Steady red indication:
8.1    (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
8.2stop line but, if none, before entering the crosswalk on the near side of the intersection
8.3or, if none, then before entering the intersection and shall remain standing until a green
8.4indication is shown, except as follows: (A) the driver of a vehicle stopped as close
8.5as practicable at the entrance to the crosswalk on the near side of the intersection or,
8.6if none, then at the entrance to the intersection in obedience to a red or stop signal,
8.7and with the intention of making a right turn may make the right turn, after stopping,
8.8unless an official sign has been erected prohibiting such movement, but shall yield the
8.9right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
8.10at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
8.11one-way street on which traffic moves to the left shall stop in obedience to a red or stop
8.12signal and may then make a left turn into the one-way street, unless an official sign has
8.13been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
8.14other traffic lawfully proceeding as directed by the signal at that intersection.
8.15    (ii) Unless otherwise directed by a pedestrian-control signal as provided in
8.16subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
8.17    (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
8.18movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
8.19before entering the crosswalk on the near side of the intersection or, if none, then before
8.20entering the intersection and must remain standing until a permissive signal indication
8.21permitting the movement indicated by the red arrow is displayed, except as follows: when
8.22an official sign has been erected permitting a turn on a red arrow signal, the vehicular
8.23traffic facing a red arrow signal indication is permitted to enter the intersection to turn
8.24right, or to turn left from a one-way street into a one-way street on which traffic moves
8.25to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
8.26lawfully proceeding as directed by the signal at that intersection.
8.27    (b) In the event an official traffic-control signal is erected and maintained at a place
8.28other than an intersection, the provisions of this section are applicable except those which
8.29can have no application. Any stop required must be made at a sign or marking on the
8.30pavement indicating where the stop must be made, but in the absence of any such sign or
8.31marking the stop must be made at the signal.
8.32    (c) When a traffic-control signal indication or indications placed to control a certain
8.33movement or lane are so identified by placing a sign near the indication or indications,
8.34no other traffic-control signal indication or indications within the intersection controls
8.35vehicular traffic for that movement or lane.

9.1    Sec. 15. Minnesota Statutes 2006, section 171.01, is amended by adding a subdivision
9.2to read:
9.3    Subd. 49a. Valid license; valid driver's license. "Valid license," "valid driver's
9.4license," "valid Minnesota driver's license," "valid standard driver's license," or other
9.5similar term, means any operator's license, provisional license, temporary license, limited
9.6license, permit, or other license to operate a motor vehicle issued or issuable under the
9.7laws of this state by the commissioner, or by another state or jurisdiction if specified,
9.8that is (1) not expired, suspended, revoked, or canceled, and (2) not disqualified for the
9.9class of vehicle being operated.

9.10    Sec. 16. Minnesota Statutes 2006, section 171.02, subdivision 1, is amended to read:
9.11    Subdivision 1. License required; duplicate identification restricted. (a) Except
9.12when expressly exempted, a person shall not drive a motor vehicle upon a street or
9.13highway in this state unless the person has a license valid license under this chapter for
9.14the type or class of vehicle being driven.
9.15    (b) The department shall not issue a driver's license to a person unless and until the
9.16person's license from any jurisdiction has been invalidated. The department shall provide
9.17to the issuing department of any jurisdiction, information that the licensee is now licensed
9.18in Minnesota. A person is not permitted to have more than one valid driver's license
9.19at any time. The department shall not issue to a person to whom a current Minnesota
9.20identification card has been issued a driver's license, other than a limited license, unless
9.21the person's Minnesota identification card has been invalidated. This subdivision does
9.22not require invalidation of a tribal identification card as a condition of receiving a driver's
9.23license.

9.24    Sec. 17. Minnesota Statutes 2006, section 171.05, subdivision 2, is amended to read:
9.25    Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision
9.26in subdivision 1 to the contrary, the department may issue an instruction permit to an
9.27applicant who is 15, 16, or 17 years of age and who:
9.28    (1) has completed a course of driver education in another state, has a previously
9.29issued valid license from another state, or is enrolled in either has completed:
9.30    (i) a public, private, or commercial classroom driver education program that
9.31is approved by the commissioner of public safety and that includes classroom and
9.32behind-the-wheel training; or
9.33    (ii) an approved behind-the-wheel driver education program home-classroom driver
9.34training with classroom materials approved by the commissioner of public safety, when
9.35the student is receiving full-time instruction in a home school within the meaning of
9.36sections 120A.22 and 120A.24, the student is working toward a homeschool diploma, and
10.1the student's status as a homeschool student has been certified by the superintendent of
10.2the school district in which the student resides, and the student is taking home-classroom
10.3driver training with classroom materials approved by the commissioner of public safety; or
10.4    (iii) an Internet-based theory driver education program that is approved by the
10.5commissioner of public safety;
10.6    (2) has completed the classroom phase of instruction in the driver education program
10.7is enrolled in an approved behind-the-wheel training program;
10.8    (3) has passed a test of the applicant's eyesight;
10.9    (4) has passed a department-administered test of the applicant's knowledge of traffic
10.10laws;
10.11    (5) has completed the required application, which must be approved by (i) either
10.12parent when both reside in the same household as the minor applicant or, if otherwise, then
10.13(ii) the parent or spouse of the parent having custody or, in the event there is no court order
10.14for custody, then (iii) the parent or spouse of the parent with whom the minor is living
10.15or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
10.16in the event a person under the age of 18 has no living father, mother, or guardian, or is
10.17married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
10.18family member, or adult employer; provided, that the approval required by this clause
10.19contains a verification of the age of the applicant and the identity of the parent, guardian,
10.20adult spouse, adult close family member, or adult employer; and
10.21    (6) has paid the fee required in section 171.06, subdivision 2.
10.22    (b) The instruction permit is valid for two years from the date of application and
10.23may be renewed upon payment of a fee equal to the fee for issuance of an instruction
10.24permit under section 171.06, subdivision 2.

10.25    Sec. 18. Minnesota Statutes 2006, section 171.07, subdivision 1, is amended to read:
10.26    Subdivision 1. License; contents. (a) Upon the payment of the required fee, the
10.27department shall issue to every qualifying applicant a license designating the type or class
10.28of vehicles the applicant is authorized to drive as applied for. This license must bear a
10.29distinguishing number assigned to the licensee; the licensee's full name, date of birth,
10.30and residence address; the license class, endorsements, and restrictions imposed, if any;
10.31a description of the licensee in a manner as the commissioner deems necessary; and the
10.32usual signature of the licensee. No license is valid unless it bears the usual signature of
10.33the licensee. Every license must bear a colored photograph or an electronically produced
10.34image of the licensee.
10.35    (b) If the United States Postal Service will not deliver mail to the applicant's
10.36residence address as listed on the license, then the applicant shall provide verification from
11.1the United States Postal Service that mail will not be delivered to the applicant's residence
11.2address and that mail will be delivered to a specified alternate mailing address. When an
11.3applicant provides an alternate mailing address under this subdivision, the commissioner
11.4shall use the alternate mailing address in lieu of the applicant's residence address for
11.5all notices and mailings to the applicant.
11.6    (c) Every license issued to an applicant under the age of 21 must be of a
11.7distinguishing color and plainly marked "Under-21."
11.8    (d) The department shall use processes in issuing a license that prohibit, as nearly as
11.9possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
11.10photograph or electronically produced image on a license, without ready detection.
11.11    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
11.12requested by the applicant.

11.13    Sec. 19. Minnesota Statutes 2006, section 171.14, is amended to read:
11.14171.14 CANCELLATION.
11.15    (a) The commissioner shall have authority to may cancel any driver's license upon
11.16determination that (1) the licensee was not entitled to the issuance thereof hereunder, or
11.17that of the license, (2) the licensee failed to give the required or correct information in
11.18the application, or (3) the licensee committed any fraud or deceit in making such the
11.19application. The commissioner may also cancel the driver's license of any, or (4) the
11.20person who, at the time of the cancellation, would not have been entitled to receive a
11.21license under the provisions of section 171.04.
11.22    (b) The commissioner shall cancel the driver's license of a person described in
11.23paragraph (a), clause (3), for 60 days or until the required or correct information has
11.24been provided, whichever is longer.

11.25    Sec. 20. Minnesota Statutes 2006, section 174.01, subdivision 2, is amended to read:
11.26    Subd. 2. Transportation goals. The goals of the state transportation system are
11.27as follows:
11.28    (1) to provide safe transportation for users throughout the state;
11.29    (2) to provide multimodal and intermodal transportation that enhances mobility and
11.30economic development and provides access to all persons and businesses in Minnesota
11.31while ensuring that there is no undue burden placed on any community and the least
11.32possible adverse impact on the environment;
11.33    (3) to provide a reasonable travel time for commuters;
11.34    (4) to provide for the economical, efficient, and safe movement of goods to and from
11.35markets by rail, highway, and waterway;
12.1    (5) to encourage tourism by providing appropriate transportation to Minnesota
12.2facilities designed to attract tourists;
12.3    (6) to provide transit services throughout the state to meet the needs of transit users;
12.4    (7) to promote productivity, with the least possible adverse impact on the
12.5environment, through system management and the utilization of technological
12.6advancements;
12.7    (8) to maximize the long-term benefits received for each state transportation
12.8investment;
12.9    (9) to provide funding for transportation that, at a minimum, preserves the
12.10transportation infrastructure;
12.11    (10) to ensure that the planning and implementation of all modes of transportation
12.12are consistent with the environmental and energy goals of the state;
12.13    (11) to promote and increase the use of high-occupancy vehicle use vehicles and
12.14low-emission vehicles;
12.15    (12) to provide an air transportation system sufficient to encourage economic growth
12.16and allow all regions of the state the ability to participate in the global economy;
12.17    (13) to increase transit use in the urban areas statewide by giving highest priority to
12.18the transportation modes with the greatest people-moving capacity and lowest long-term
12.19economic and environmental cost; and
12.20    (14) to promote and increase bicycling as an energy-efficient, nonpolluting, and
12.21healthful form of transportation alternative; and
12.22    (15) to reduce greenhouse gas emissions from the state's transportation sector.
12.23EFFECTIVE DATE.This section is effective the day following final enactment.

12.24    Sec. 21. Minnesota Statutes 2006, section 174.02, subdivision 1a, is amended to read:
12.25    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part
12.26of the department's mission that within the department's resources the commissioner
12.27shall endeavor to:
12.28    (1) prevent the waste or unnecessary spending of public money;
12.29    (2) use innovative fiscal and human resource practices to manage the state's
12.30resources and operate the department as efficiently as possible;
12.31    (3) prevent the degradation of air and water quality;
12.32    (4) coordinate the department's activities wherever appropriate with the activities
12.33of other governmental agencies;
13.1    (4) (5) use technology where appropriate to increase agency productivity, improve
13.2customer service, increase public access to information about government, and increase
13.3public participation in the business of government;
13.4    (5) (6) utilize constructive and cooperative labor-management practices to the extent
13.5otherwise required by chapters 43A and 179A;
13.6    (6) (7) report to the legislature on the performance of agency operations and the
13.7accomplishment of agency goals in the agency's biennial budget according to section
13.816A.10, subdivision 1 ; and
13.9    (7) (8) recommend to the legislature appropriate changes in law necessary to carry
13.10out the mission and improve the performance of the department.
13.11EFFECTIVE DATE.This section is effective the day following final enactment.

13.12    Sec. 22. Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:
13.13    Subdivision 1. Statewide transportation plan; priorities; schedule of
13.14expenditures. In order to best meet the present and future transportation needs of the
13.15public, to insure a strong state economy, to make most efficient use of public and private
13.16funds, to lessen adverse environmental impacts of the transportation sector, and to
13.17promote the more efficient use of energy and other resources for transportation purposes,
13.18the commissioner shall:
13.19    (1) three months after notification that the department is ready to commence
13.20operations and prior to the drafting of the statewide transportation plan, hold public
13.21hearings as may be appropriate solely for the purpose of receiving suggestions for future
13.22transportation alternatives and priorities for the state. The Metropolitan Council, regional
13.23development commissions, and port authorities shall appear at the hearings and submit
13.24information concerning transportation-related planning undertaken and accomplished by
13.25these agencies. Other political subdivisions may appear and submit such information at
13.26the hearings. These hearings shall be completed no later than six months from the date of
13.27the commissioner's notification;
13.28    (2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
13.29account the suggestions and information submitted at the public hearings held pursuant
13.30to clause (1). The plan shall incorporate all modes of transportation and provide for the
13.31interconnection and coordination of different modes of transportation. The commissioner
13.32shall evaluate alternative all transportation programs and facilities proposed for inclusion
13.33in the plan in terms of economic costs and benefits, safety aspects, impact on present
13.34and planned land uses, environmental effects, energy efficiency, national transportation
13.35policies and priorities, and availability of federal and other financial assistance;
14.1    (3) based upon the statewide transportation plan, develop statewide transportation
14.2priorities and schedule authorized public capital improvements and other authorized
14.3public transportation expenditures pursuant to the priorities;
14.4    (4) complete the plan and priorities required by this subdivision no later than July
14.51, 1978. Upon completion of the plan and priorities, the commissioner shall prepare
14.6and periodically revise, as necessary, the schedule of authorized public transportation
14.7expenditures. The plan, priorities, and schedule are exempt from the provisions of the
14.8Administrative Procedure Act.
14.9EFFECTIVE DATE.This section is effective the day following final enactment.

14.10    Sec. 23. Minnesota Statutes 2006, section 174.03, subdivision 6, is amended to read:
14.11    Subd. 6. Social, economic, and environmental effects; vehicle emissions.
14.12    (a) The commissioner shall consider the social, economic, and environmental effects
14.13resulting from existing and proposed transportation facilities and shall make continuing
14.14efforts to mitigate any adverse effects. The commissioner shall utilize a systematic,
14.15interdisciplinary approach which shall insure the integrated use of the natural, social, and
14.16physical sciences and the environmental design arts in plans and decisions which may
14.17affect the environment.
14.18    (b) The commissioner shall specifically consider the effects on reaching the
14.19statewide goal of substantially reducing greenhouse gas emissions from motor vehicles
14.20in Minnesota by the year 2030.
14.21EFFECTIVE DATE.This section is effective the day following final enactment.

14.22    Sec. 24. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision
14.23to read:
14.24    Subd. 6b. Strategic plan to reduce greenhouse gas emissions from motor
14.25vehicles. (a) The commissioner of transportation shall prepare a strategic plan for
14.26attaining the goal of reducing air contaminants, commonly known as greenhouse gases,
14.27from transportation in Minnesota by 30 percent of the year 2007 emissions levels by
14.28the year 2030. The commissioner shall consult with the commissioners of the Pollution
14.29Control Agency and the Departments of Commerce and Public Safety, who shall provide
14.30any necessary staff, measuring equipment and methodologies, and other assistance and
14.31expertise required. The commissioner shall consult with, and may seek assistance and
14.32expertise from, appropriate federal agencies.
14.33    (b) In compiling a report to the legislature, the commissioner shall consider:
14.34    (1) fuel efficiency and vehicle emission standards;
15.1    (2) compliance with the federal Clean Air Act under United States Code, title 42,
15.2section 7401, et seq., as amended;
15.3    (3) the potential for increased transit in the metropolitan area and in Greater
15.4Minnesota, including but not limited to the development of statewide commuter rail
15.5corridors connecting Duluth, Willmar, Mankato, Winona, Rochester, and Northfield to the
15.6metropolitan area;
15.7    (4) establishing potential incentives to promote the use of low-emission and
15.8high-occupancy vehicles and transit or disincentives for the use of non-low-emission and
15.9low-occupancy vehicles, or both;
15.10    (5) holding hearings for views of interested parties, such as motor vehicle
15.11manufacturers, oil companies, and environmental organizations;
15.12    (6) reviewing relevant scientific and engineering studies and reports; and
15.13    (7) any other matters the commissioner determines are factors that should be
15.14considered.
15.15    (c) To the extent necessary, the commissioner may employ a nationally recognized
15.16independent expert, whether an organization or individual, to provide technical expertise
15.17or to otherwise supplement the study or the commissioner's formulation of proposed
15.18policies, objectives, and strategies for achieving the goal of "30 percent by 2030."
15.19    (d) The commissioner shall submit a report detailing the strategic plan, with
15.20recommendations for any statutory changes necessary to implement the plan, to the
15.21legislative committees with jurisdiction over transportation and the environment by
15.22January 2, 2008.
15.23EFFECTIVE DATE.This section is effective the day following final enactment.

15.24    Sec. 25. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision
15.25to read:
15.26    Subd. 10. Highway construction training. (a) The commissioner of transportation
15.27shall utilize, to the maximum amount feasible, federal funds available to this state
15.28under United States Code, title 23, section 140, paragraph (b), to develop, conduct, and
15.29administer highway construction training, including skill improvement programs.
15.30    (b) The commissioner of transportation must report by February 1 of each
15.31odd-numbered year to the house of representatives and senate committees having
15.32jurisdiction over transportation policy and finance concerning the commissioner's
15.33compliance with paragraph (a). The report must, with respect to each of the two previous
15.34calendar years:
16.1    (1) describe the highway construction training and skill improvement programs the
16.2commissioner has conducted and administered;
16.3    (2) analyze the results of the commissioner's training programs;
16.4    (3) state the amount of federal funds available to this state under United States Code,
16.5title 23, section 140, paragraph (b); and
16.6    (4) identify the amount spent by the commissioner in conducting and administering
16.7the programs.

16.8    Sec. 26. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision
16.9to read:
16.10    Subd. 11. Disadvantaged business enterprise program. (a) The commissioner
16.11shall include in each contract that is funded at least in part by federal funds, sanctions
16.12for each contractor who does not meet the established project disadvantaged business
16.13enterprise goal or demonstrate good faith effort to meet the goal.
16.14    (b) The commissioner of transportation shall report by February 1 of each
16.15odd-numbered year to the house of representatives and senate committees having
16.16jurisdiction over transportation policy and finance concerning the commissioner's
16.17disadvantaged business enterprise program. The report must, with respect to each of
16.18the two previous calendar years:
16.19    (1) state the department's annual overall goal, compared with the percentage attained;
16.20    (2) explain the methodology, applicable facts, and public participation used to
16.21establish the overall goal;
16.22    (3) describe good faith efforts to meet the goal, if the goal was not attained;
16.23    (4) describe actions to address overconcentration of disadvantaged business
16.24enterprises in certain types of work;
16.25    (5) state the number of contracts that included disadvantaged business enterprise
16.26goals, the number of contractors that met established disadvantaged business enterprise
16.27goals, and sanctions imposed for lack of good faith effort; and
16.28    (6) describe contracts with no disadvantaged business enterprise goals, and, of
16.29those, state number of contracts and amount of each contract with targeted groups under
16.30section 16C.16.

16.31    Sec. 27. [174.56] REPORT ON MAJOR HIGHWAY PROJECTS.
16.32    Subdivision 1. Report required. The commissioner of transportation shall submit a
16.33report on January 15, 2008, and on January 15 of each year thereafter, on the status of
16.34major highway projects under construction or planned during the year of the report and for
16.35the ensuing 15 years. For purposes of this section, a "major highway project" is a highway
16.36project that has a total cost for all segments that the commissioner estimates at the time of
17.1the report to be at least (1) $25,000,000 in the metropolitan highway construction district,
17.2or (2) $10,000,000 in any nonmetropolitan highway construction district.
17.3    Subd. 2. Report contents. For each major highway project the report must include:
17.4    (1) a description of the project sufficient to specify its scope and location;
17.5    (2) a history of the project, including, but not limited to, previous official actions
17.6by the department or the appropriate area transportation partnership, or both, the date
17.7on which the project was first included in the state transportation improvement plan,
17.8the cost of the project at that time, the dates of environmental approval, the dates of
17.9municipal approval, the date of final geometric layout, and the date of establishment of
17.10any construction limits;
17.11    (3) the project's priority listing or rank within its construction district, if any, as
17.12well as the reasons for that listing or rank, the criteria used in prioritization or rank, any
17.13changes in that prioritization or rank since the project was first included in a department
17.14work plan, and the reasons for those changes; and
17.15    (4) past and potential future reasons for delay in letting or completing the project.

17.16    Sec. 28. Laws 2005, First Special Session chapter 1, article 4, section 39, the effective
17.17date, is amended to read:
17.18EFFECTIVE DATE.This section is effective the latter of August 1, 2006, or the
17.19date on which the commissioner determines that building permits have been issued for the
17.20construction of a new pulp and paper manufacturing facility at Grand Rapids 2007.

17.21    Sec. 29. STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS.
17.22    (a) The commissioner of transportation shall conduct a study to evaluate the
17.23current and long-range needs of the state's transportation system, and investigate possible
17.24strategies to meet these needs.
17.25    (b) The study must include, but is not limited to:
17.26    (1) evaluation of the current needs of the state's highway systems, bridges, and
17.27transit;
17.28    (2) analysis and quantification of the needs for the next 20 years of the state's
17.29highway systems, bridges, and transit;
17.30    (3) comparison of estimates of revenues raised by current transportation funding
17.31sources, with long-term needs of the state's transportation system;
17.32    (4) identification of options for maintenance and improvement of the state's
17.33transportation system with specific reference to factors such as potential increases in
17.34vehicle fuel economy, availability of alternative modes of transportation, and the nation's
17.35attempts to decrease dependence on foreign oil;
18.1    (5) analysis of alternative pricing options utilized in other states, and their potential
18.2for use, public acceptance, alleviation of congestion, and revenue generation in this
18.3state; and
18.4    (6) identification of options for road-use pricing, environmental impact fees or
18.5other alternative financing mechanisms, and estimates of implementation costs, user
18.6costs, and revenue.
18.7    (c) The commissioner shall report the results of the study to the legislature no later
18.8than January 15, 2008.

18.9    Sec. 30. STUDY AND REPORT ON SPEED LIMITS.
18.10    The commissioner of transportation shall report to the chairs of the legislative
18.11committees with jurisdiction over transportation and local government by January
18.1230, 2008, on speed limits on local roads. The commissioner shall consult with local
18.13governments and solicit input from local governments before issuing the report. The
18.14report must include, at a minimum:
18.15    (1) whether the current statutory speed limit of 30 miles per hour in urban districts
18.16and rural residential districts is appropriate, or if there are locations where the appropriate
18.17speed limit is 25 miles per hour;
18.18    (2) whether the current statutory speed limit of 55 miles per hour in rural residential
18.19districts within a city is appropriate, or if there are locations where the appropriate speed
18.20limit is 30 miles per hour; and
18.21    (3) whether the current definitions of urban district, rural residential district, and
18.22residential roadway are appropriate, or whether and how they should be changed.

18.23    Sec. 31. NULLIFICATION OF EXPEDITED TOWN ROAD
18.24EXTINGUISHMENT.
18.25    (a) Any extinguishment of town interest in a town road under Minnesota Statutes,
18.26section 164.06, subdivision 2, is hereby nullified if:
18.27    (1) the interest is not recorded or filed with the county recorder but is recorded
18.28or filed with the county auditor;
18.29    (2) the state or a political subdivision has constructed a road or bridge improvement
18.30on a right-of-way affected by the interest;
18.31    (3) the affected road was the only means of access to a property; and
18.32    (4) the extinguishment took place within the last ten years.
18.33    (b) Notwithstanding Minnesota Statutes, section 164.08, subdivision 1, for any
18.34nullification under paragraph (a), the affected road is hereby deemed to be a cartway.
18.35The provisions of Minnesota Statutes, section 164.08, subdivision 2, apply except that
18.36"petitioner" means the property owner for whom the only means of access to a property is
19.1by way of the affected road, and that the petitioner must not be required to pay damages
19.2for the land upon which the cartway is established, the cost of professional and other
19.3services, hearing costs, administrative costs, recording costs, or other costs and expenses.
19.4    (c) For purposes of this section, "affected road" means the road that the town board
19.5extinguished town interest in.
19.6EFFECTIVE DATE.This section is effective the day following final enactment.

19.7    Sec. 32. REVISION OF RULE.
19.8    The commissioner of public safety shall amend and adopt revisions to Minnesota
19.9Rules, part 7411.0535, under the good cause exemption in Minnesota Statutes, section
19.1014.388, subdivision 1, clause (3).

19.11ARTICLE 2
19.12TOWING

19.13    Section 1. Minnesota Statutes 2006, section 168A.29, subdivision 1, is amended to
19.14read:
19.15    Subdivision 1. Amounts. (a) The department must be paid the following fees:
19.16    (1) for filing an application for and the issuance of an original certificate of title, the
19.17sum of $5.50 of which $2.50 must be paid into the vehicle services operating account of
19.18the special revenue fund under section 299A.705;
19.19    (2) for each security interest when first noted upon a certificate of title, including the
19.20concurrent notation of any assignment thereof and its subsequent release or satisfaction,
19.21the sum of $2, except that no fee is due for a security interest filed by a public authority
19.22under section 168A.05, subdivision 8;
19.23    (3) for the transfer of the interest of an owner and the issuance of a new certificate
19.24of title, the sum of $5.50 $7.00 of which $2.50 must be paid into the vehicle services
19.25operating account of the special revenue fund under section 299A.705 and $1.50 must be
19.26paid into the abandoned vehicle account under section 168B.15;
19.27    (4) for each assignment of a security interest when first noted on a certificate of title,
19.28unless noted concurrently with the security interest, the sum of $1;
19.29    (5) for issuing a duplicate certificate of title, the sum of $6.50 of which $2.50 must
19.30be paid into the vehicle services operating account of the special revenue fund under
19.31section 299A.705.
19.32    (b) After June 30, 1994, in addition to each of the fees required under paragraph (a),
19.33clauses (1) and (3), the department must be paid $3.50. The additional $3.50 fee collected
19.34under this paragraph must be deposited in the special revenue fund and credited to the
19.35public safety motor vehicle account established in section 299A.70.
20.1EFFECTIVE DATE.This section is effective July 1, 2007.

20.2    Sec. 2. Minnesota Statutes 2006, section 168B.04, subdivision 2, is amended to read:
20.3    Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may
20.4take into custody and impound any unauthorized vehicle under section 169.041.
20.5    (b) A vehicle may also be impounded after it has been left unattended in one of the
20.6following public or private locations for the indicated period of time:
20.7    (1) in a public location not governed by section 169.041:
20.8    (i) on a highway and properly tagged by a peace officer, four hours;
20.9    (ii) located so as to constitute an accident or traffic hazard to the traveling public, as
20.10determined by a peace officer, immediately; or
20.11    (iii) located so as to constitute an accident or traffic hazard to the traveling public
20.12within the Department of Transportation's eight-county metropolitan district, as determined
20.13by an authorized employee of the department's freeway service patrol, immediately; or
20.14    (iii) (iv) that is a parking facility or other public property owned or controlled by a
20.15unit of government, properly posted, four hours; or
20.16    (2) on private property:
20.17    (i) that is single-family or duplex residential property, immediately;
20.18    (ii) that is private, nonresidential property, properly posted, immediately;
20.19    (iii) that is private, nonresidential property, not posted, 24 hours;
20.20    (iv) that is private, nonresidential property of an operator of an establishment for the
20.21servicing, repair, or maintenance of motor vehicles, five business days after notifying the
20.22vehicle owner by certified mail, return receipt requested, of the property owner's intention
20.23to have the vehicle removed from the property; or
20.24    (v) that is any residential property, properly posted, immediately.
20.25    (c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall
20.26ensure that the tower initially requested to remove the vehicle is given the opportunity,
20.27to the greatest reasonable extent, to actually conduct and complete all towing operations
20.28requested; provided that, the owner of the vehicle to be towed has not already requested
20.29that another tower remove the vehicle, in which case the tower contacted by the owner
20.30must be given the first reasonable opportunity to conduct the towing operations required.
20.31EFFECTIVE DATE.This section is effective August 1, 2007.

20.32    Sec. 3. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:
20.33    Subd. 2. Sale after 45 days or title transfer. An (a) If an unauthorized vehicle
20.34is impounded, but not by the city of Minneapolis or the city of St. Paul, the impounded
20.35vehicle is eligible for disposal or sale under section 168B.08, the earlier of:
21.1    (1) 45 days after notice to the owner, if the vehicle is determined to be an
21.2unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St.
21.3Paul.; or
21.4    (2) when the registered owner, in writing, voluntarily transfers the title to the
21.5impound lot operator.
21.6    (b) A voluntary transfer, in writing, constitutes a waiver by the registered owner of
21.7any right, title, and interest in the vehicle.

21.8    Sec. 4. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:
21.9    Subdivision 1. Contents; Written notice given within five days of impound. (a)
21.10When an impounded vehicle is taken into custody, the unit of government or impound lot
21.11operator taking it into custody shall give written notice of the taking within five days to
21.12the registered vehicle owner and any registered lienholders.
21.13    (b) The notice shall must:
21.14    (1) set forth the date and place of the taking,;
21.15    (2) provide the year, make, model, and serial number of the impounded motor
21.16vehicle, if such information can be reasonably obtained, and the place where the vehicle
21.17is being held,;
21.18     (2) (3) inform the owner and any lienholders of their right to reclaim the vehicle
21.19under section 168B.07, and;
21.20     (3) (4) state that failure of the owner or lienholders to exercise their right to reclaim
21.21the vehicle and contents within the appropriate time allowed under section 168B.051,
21.22subdivision 1
, 1a, or 2, shall be deemed a waiver by them of all right, title, and interest in
21.23the vehicle and contents and a consent to the transfer of title to and disposal or sale of the
21.24vehicle and contents pursuant to section 168B.08. reclaim the vehicle or its contents, or
21.25both, within the waiting periods provided under section 168B.051 results in the loss of
21.26title and consent to sell or dispose of both the vehicle and its contents; and
21.27    (5) include the following verbatim statement, in 14-point type: "Whether or not you
21.28intend to reclaim your vehicle, you have the right to pick up the contents of the vehicle. If
21.29you do not intend to reclaim your vehicle, you should bring the vehicle title with you and
21.30be prepared to turn it over to the tow lot operator."

21.31    Sec. 5. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:
21.32    Subd. 3. Unauthorized vehicle; second notice. If an unauthorized vehicle remains
21.33unclaimed after 30 days from the date the notice was sent under subdivision 2, a second
21.34notice shall must be sent by certified mail, return receipt requested, to the registered owner,
21.35if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

22.1    Sec. 6. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision
22.2to read:
22.3    Subd. 3. Retrieval of contents. (a) A unit of government or impound lot operator
22.4may establish a reasonable procedure for retrieval of vehicle contents.
22.5    (b) At any time before the expiration of the waiting periods provided in section
22.6168B.051, the owner of an impounded vehicle has the right to retrieve, without charge,
22.7any and all contents, regardless of whether the owner pays incurred charges or fees,
22.8transfers title, or reclaims the vehicle. For the purposes of this subdivision, "contents"
22.9means all personal belongings and does not include any permanently affixed mechanical
22.10or nonmechanical:
22.11    (1) automobile parts;
22.12    (2) automobile body parts; or
22.13    (3) automobile accessories, including audio or video players.

22.14    Sec. 7. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision
22.15to read:
22.16    Subd. 4. Waiver of right, title, and interest. The failure of the owner or lienholders
22.17to exercise the right to reclaim the vehicle before the expiration of the waiting periods
22.18provided under section 168B.051 is deemed a waiver of all right, title, and interest in the
22.19vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle under
22.20section 168B.08. The failure of the owner to exercise the right to reclaim the contents
22.21before the expiration of the waiting periods provided under 168B.051 is deemed a waiver
22.22of all right, title, and interest in the contents and a consent to the transfer of title to, and
22.23disposal or sale of, the contents under section 168B.08.

22.24    Sec. 8. Minnesota Statutes 2004, section 168B.087, subdivision 1, is amended to read:
22.25    Subdivision 1. Deficiency claim. (a) The public and nonpublic impound lot operator
22.26has a deficiency claim against the registered owner of the vehicle for the reasonable
22.27costs of providing notice to the registered owner and providing services provided in the
22.28towing, storage, and inspection, and further transport, if any, of the vehicle, minus the
22.29proceeds of the sale or auction.
22.30    (b) A claim for the costs of providing notice includes the actual postage and
22.31publication expenses and the costs incurred to determine the registered owner's identity
22.32and mailing address.
22.33    (c) A claim for usual, nonextraordinary towing costs may not exceed $75 per
22.34vehicle towed.
22.35    (d) The claim for storage costs may not exceed the costs of:
23.1    (1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1, not
23.2to exceed the normal fee, up to $25 per day
; and
23.3    (2) 55 days storage, for a vehicle described in section 168B.051, subdivision 2, not
23.4to exceed the normal fee, up to $25 per day
.
23.5    (e) A claim for transporting an unclaimed vehicle to a disposal facility must not
23.6exceed $75 per vehicle transported.

23.7    Sec. 9. [168B.15] ABANDONED VEHICLE ACCOUNT; APPROPRIATION.
23.8    An abandoned vehicle account is created in the special revenue fund, consisting
23.9of any money credited by law. Money in the account is annually appropriated to the
23.10commissioner of public safety, to be distributed as follows:
23.11    (1) 10 percent for the Department of Public Safety, for the costs of rulemaking and
23.12administering its duties under this chapter; and
23.13    (2) 90 percent for dispersal as compensation payments to impound lot operators for
23.14valid deficiency claims under rules adopted by the commissioner.
23.15EFFECTIVE DATE.This section is effective July 1, 2007.

23.16    Sec. 10. [168B.16] RULES.
23.17    The commissioner of public safety shall adopt rules under chapter 14 to administer
23.18the provisions of this chapter for which the commissioner has responsibility. At a
23.19minimum, the commissioner must adopt rules that set forth:
23.20    (1) sufficient procedures and minimum documentary or other evidence satisfactory
23.21to the commissioner for an impound lot operator, whether public or nonpublic, to show a
23.22valid deficiency claim under section 168B.087; and
23.23    (2) guidelines for making payments from the abandoned vehicle account established
23.24in section 168B.15 to impound lot operators for their valid deficiency claims.
23.25EFFECTIVE DATE.This section is effective July 1, 2007.

23.26    Sec. 11. Minnesota Statutes 2006, section 169.041, subdivision 1, is amended to read:
23.27    Subdivision 1. Towing authority. For purposes of this section, "towing authority"
23.28means:
23.29    (1) any local authority authorized by section 169.04 to enforce the traffic laws, and
23.30also includes a private towing company authorized by a local authority to tow vehicles on
23.31behalf of that local authority.; or
23.32    (2) an authorized employee of the Department of Transportation's freeway service
23.33patrol within the department's eight-county metropolitan district, and also includes a
24.1private towing company authorized by the department to tow vehicles on behalf of the
24.2department.
24.3EFFECTIVE DATE.This section is effective August 1, 2007.

24.4    Sec. 12. Minnesota Statutes 2006, section 169.041, subdivision 2, is amended to read:
24.5    Subd. 2. Towing order required. A towing authority may not tow a motor vehicle
24.6from public property unless a peace officer or parking enforcement officer has prepared, in
24.7addition to the parking citation, a written towing report describing the motor vehicle and
24.8the reasons for towing. The report must be signed by the officer and the tow driver. Within
24.9the Department of Transportation's eight-county metropolitan district, an authorized
24.10employee of the department's freeway service patrol may order a tow from a trunk highway
24.11after preparing a written towing report provided by the Minnesota State Patrol. A citation
24.12need not be issued before the employee orders a tow. The department employee shall
24.13ensure that the tower initially requested to remove the vehicle is given the opportunity,
24.14to the greatest reasonable extent, to actually conduct and complete all towing operations
24.15requested; provided that, the owner of the vehicle to be towed has not already requested
24.16that another tower remove the vehicle, in which case the tower contacted by the owner
24.17must be given the first reasonable opportunity to conduct the towing operations required.
24.18EFFECTIVE DATE.This section is effective August 1, 2007.

24.19    Sec. 13. Minnesota Statutes 2004, section 169.86, is amended by adding a subdivision
24.20to read:
24.21    Subd. 8. Tow truck. A tow truck or towing vehicle, when towing a disabled or
24.22damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length
24.23and weight limitations of this chapter, subject to a $300 annual permit fee and such
24.24conditions as the commissioner may prescribe.

24.25    Sec. 14. EFFECTIVE DATE.
24.26    Unless specifically provided otherwise, this act is effective upon credit of any funds
24.27to the abandoned vehicle account established in this article.

24.28ARTICLE 3
24.29TRANSIT

24.30    Section 1. Minnesota Statutes 2006, section 174.24, subdivision 2a, is amended to read:
24.31    Subd. 2a. Eligible activities. Activities eligible for assistance under the program
24.32include but are not limited to:
24.33    (1) planning and engineering design for transit services and facilities;
25.1    (2) capital assistance to purchase or refurbish transit vehicles and other capital
25.2expenditures necessary to provide a transit service;
25.3    (3) operating assistance as provided under subdivision 3b; and
25.4    (4) partnership creation to coordinate and supplement services of county, local, and
25.5private transit providers;
25.6    (5) design and operation of regional call centers; and
25.7    (6) other assistance for public transit services that furthers the purposes of section
25.8174.21 .
25.9EFFECTIVE DATE.This section is effective July 1, 2007.

25.10    Sec. 2. Minnesota Statutes 2006, section 174.255, is amended by adding a subdivision
25.11to read:
25.12    Subd. 1a. Service standards. The commissioner shall require any paratransit
25.13project that serves disabled individuals and receives assistance under section 174.24 to:
25.14    (1) allow passengers to schedule trips up to four days in advance;
25.15    (2) guarantee same-day demand service availability for trips that are 25 miles or
25.16less; and
25.17    (3) provide service for a minimum of 14 hours per day, unless the commissioner
25.18finds that service needs are met by one or more providers in the service area for a
25.19minimum of 14 hours per day.
25.20EFFECTIVE DATE.This section is effective January 1, 2010.

25.21    Sec. 3. Minnesota Statutes 2006, section 174.29, is amended by adding a subdivision
25.22to read:
25.23    Subd. 4. Supplementary paratransit. The commissioner shall facilitate the
25.24creation of partnerships among paratransit providers, including, but not limited to, medical
25.25assistance transportation providers, to supplement and coordinate with available county
25.26and local transit service.
25.27EFFECTIVE DATE.This section is effective July 2, 2007.

25.28    Sec. 4. Minnesota Statutes 2006, section 174.29, is amended by adding a subdivision
25.29to read:
25.30    Subd. 5. Intercounty service. The commissioner shall require providers of
25.31service within ..... miles of a county line to enter into regional intercounty service
25.32agreements, allowing passengers to take trips up to 50 miles in length without payment
25.33of a supplemental fare. The commissioner, in cooperation with state agencies that
26.1assist, provide, reimburse, or regulate special transportation services, shall establish a
26.2reimbursement mechanism to facilitate reimbursement for intercounty trips.
26.3EFFECTIVE DATE.This section is effective January 1, 2010.

26.4    Sec. 5. Minnesota Statutes 2006, section 174.29, is amended by adding a subdivision
26.5to read:
26.6    Subd. 6. One-stop call centers. The commissioner shall promote, support, and
26.7facilitate the establishment and operation of one-stop regional call centers that assist
26.8callers in arranging the most efficient and cost-effective available rides while meeting
26.9passengers' needs for special equipment.
26.10EFFECTIVE DATE.This section is effective January 1, 2010.

26.11    Sec. 6. Minnesota Statutes 2006, section 174.30, subdivision 4, is amended to read:
26.12    Subd. 4. Vehicle and equipment inspection, rules; decal; complaint contact
26.13information. (a) The commissioner shall inspect or provide for the inspection of
26.14vehicles at least annually. In addition to scheduled annual inspections and reinspections
26.15scheduled for the purpose of verifying that deficiencies have been corrected, unannounced
26.16inspections of any vehicle may be conducted.
26.17    (b) On determining that a vehicle or vehicle equipment is in a condition that is likely
26.18to cause an accident or breakdown, the commissioner shall require the vehicle to be taken
26.19out of service immediately. The commissioner shall require that vehicles and equipment
26.20not meeting standards be repaired and brought into conformance with the standards
26.21and shall require written evidence of compliance from the operator before allowing the
26.22operator to return the vehicle to service.
26.23    (c) The commissioner shall provide in the rules procedures for inspecting vehicles,
26.24removing unsafe vehicles from service, determining and requiring compliance, and
26.25reviewing driver qualifications.
26.26    (d) The commissioner shall design a distinctive decal to be issued to special
26.27transportation service providers with a current certificate of compliance under this section.
26.28A decal is valid for one year from the last day of the month in which it is issued. A person
26.29who is subject to the operating standards adopted under this section may not provide
26.30special transportation service in a vehicle that does not conspicuously display a decal
26.31issued by the commissioner.
26.32    (e) Special transportation service providers shall prominently display in each vehicle
26.33all contact information for the submission of complaints regarding the transportation
26.34services provided to that individual.
27.1EFFECTIVE DATE.This section is effective July 1, 2007.

27.2    Sec. 7. Minnesota Statutes 2006, section 174.30, subdivision 9, is amended to read:
27.3    Subd. 9. Complaint data; Complaints; report; data classification. (a) The
27.4commissioner shall investigate all complaints over which the commissioner has
27.5jurisdiction regarding special transportation service providers regulated under this section.
27.6    (b) By January 15, 2008, and in every subsequent even-numbered year by
27.7January 15, the commissioner shall submit a report to the chairs and ranking minority
27.8members of the house of representatives and senate committees having jurisdiction over
27.9transportation policy and finance. The report must identify each complaint investigated
27.10by the commissioner under paragraph (a), including but not limited to any findings and
27.11steps taken for resolution of the complaint.
27.12    (c) When information is furnished to the Department of Transportation that alleges
27.13a violation of this section, an operating standard adopted under this section, or section
27.14174.315 , the following data are classified as confidential data or protected nonpublic data:
27.15    (1) names of complainants;
27.16    (2) complaint letters; and
27.17    (3) other unsolicited data when furnished by a person who is not the subject of the
27.18data and who is not a department employee.
27.19EFFECTIVE DATE.This section is effective July 1, 2007.

27.20    Sec. 8. Minnesota Statutes 2006, section 221.091, subdivision 2, is amended to read:
27.21    Subd. 2. Local licensing of small vehicle passenger service. A city that licenses
27.22and regulates small vehicle passenger service must do so by ordinance. The ordinance
27.23must, at a minimum, provide for driver qualifications, insurance, vehicle safety, and
27.24periodic vehicle inspections. A city that has adopted an ordinance complying with this
27.25subdivision may enforce the registration requirement in section 221.021. A person who
27.26provides small vehicle passenger service to an individual for the purpose of obtaining
27.27nonemergency medical care and who receives reimbursement under section 256B.0625,
27.28subdivision 17, for providing the service, must comply with the rules of the commissioner
27.29adopted under section 174.30.
27.30EFFECTIVE DATE.This section is effective July 1, 2007.

27.31    Sec. 9. Minnesota Statutes 2006, section 473.1466, is amended to read:
27.32473.1466 TRANSPORTATION SYSTEM PERFORMANCE AUDIT;
27.33TRANSIT EVALUATION.
28.1    (a) In 1997 and every four years thereafter, the council shall provide for an
28.2independent entity selected through a request for proposal process conducted nationwide
28.3to do Prior to each major revision of the transportation policy plan, the council must carry
28.4out a performance audit evaluation of the commuting metropolitan area's transportation
28.5system as a whole. The performance audit evaluation must evaluate the commuting
28.6area's ability to meet the region's needs need for effective and efficient transportation of
28.7goods and people, and evaluate future trends and their impacts on the region's area's
28.8transportation system, and. The council shall use the results of the performance evaluation
28.9to make recommendations for improving the system in each revision of the transportation
28.10policy plan. The performance audit must recommend performance-funding measures.
28.11    (b) In 1999 and every four years thereafter, the council must evaluate the
28.12performance of the metropolitan transit system's operation in relationship to the regional
28.13transit performance standards developed by the council.
28.14EFFECTIVE DATE.This section is effective the day following final enactment.

28.15    Sec. 10. Minnesota Statutes 2006, section 473.386, subdivision 1, is amended to read:
28.16    Subdivision 1. Service objectives. The council shall implement a special
28.17transportation service, as defined in section 174.29, in the metropolitan area. The service
28.18has the following objectives:
28.19    (a) to provide greater access to transportation for the elderly, people with disabilities,
28.20and others with special transportation needs in the metropolitan area;
28.21    (b) to develop an integrated system of special transportation service providing
28.22transportation tailored to meet special individual needs in the most cost-efficient manner;
28.23and
28.24    (c) to use existing public, private, and private nonprofit providers of service
28.25wherever possible when feasible and cost-efficient, to supplement rather than replace
28.26existing service, and to increase the productivity of all special transportation vehicles
28.27available in the area.
28.28EFFECTIVE DATE.This section is effective the day following final enactment.

28.29    Sec. 11. Minnesota Statutes 2006, section 473.386, subdivision 2, is amended to read:
28.30    Subd. 2. Service contracts; management; transportation accessibility advisory
28.31committee. (a) The council may contract for services necessary for the provision of
28.32special transportation. Transportation service provided under a contract must specify the
28.33service to be provided, the standards that must be met, and the rates for operating and
28.34providing special transportation services.
29.1    (b) The council shall establish management policies for the service and may contract
29.2with a service administrator for day-to-day administration and management of the service.
29.3Any contract must delegate to the service administrator clear authority to administer and
29.4manage the delivery of the service pursuant to council management policies and must
29.5establish performance and compliance standards for the service administrator. The council
29.6may provide directly day to day administration and management of the service and may
29.7own or lease vehicles used to provide the service.
29.8    (c) The council shall ensure that the service administrator establishes a system for
29.9registering and expeditiously responding to complaints by users, informing users of how
29.10to register complaints, and requiring providers to report on incidents that impair the safety
29.11and well-being of users or the quality of the service.
29.12    (d) The council shall annually report to the commissioner of transportation and the
29.13legislature on complaints and provider reports, the response of the service administrator,
29.14and steps taken by the council and the service administrator to identify causes and provide
29.15remedies to recurring problems on its special transportation services as part of the program
29.16evaluation provided for in section 473.13, subdivision 1a.
29.17    (d) Each year before renewing contracts with providers and the service administrator,
29.18the council shall provide an opportunity for the transportation accessibility advisory
29.19committee, users, and other interested persons to testify before the council concerning
29.20providers, contract terms, and other matters relating to council policies and procedures for
29.21implementing the service.
29.22    (e) The council shall provide, on an annual basis, an opportunity for users and
29.23other interested persons to provide testimony to the council concerning services provided
29.24under this section.
29.25    (e) (f) The council shall establish a Transportation Accessibility Advisory Committee
29.26consisting of 15 members and a chair to advise the council on management policies for
29.27the council's special transportation service. The Transportation Accessibility Advisory
29.28Committee must include elderly and disabled persons, other users of special transportation
29.29service, representatives of persons contracting to provide special transportation services,
29.30and representatives of appropriate agencies for elderly and disabled persons to advise
29.31the council on management policies for the service. At least half the Transportation
29.32Accessibility Advisory Committee members must be disabled or elderly persons or
29.33the representatives of disabled or elderly persons persons who are both ADA certified
29.34and users of public transit in the metropolitan area. Two of the appointments to the
29.35Transportation Accessibility Advisory Committee shall be made by the Council on
29.36Disability in consultation with the chair of the Metropolitan Council.
30.1EFFECTIVE DATE.This section is effective the day following final enactment.

30.2    Sec. 12. Minnesota Statutes 2006, section 473.386, subdivision 2a, is amended to read:
30.3    Subd. 2a. Eligibility certification application and verification; penalty for
30.4fraudulent certification. If the council requires a person to be certified as eligible for
30.5special transportation services, an applicant for certification must submit an application
30.6form and the applicant's eligibility must be verified by a type of professional specified by
30.7the council. The council shall include the notice of penalty for fraudulent certification, and:
30.8    (1) require the applicant to sign the application form and certify that the application
30.9information is accurate; and
30.10    (2) require the person certifying verifying the applicant applicant's eligibility to sign
30.11the eligibility certification verification form and the applicant to sign the application form,
30.12as provided in section 174.295 certify that the verifying information is accurate.
30.13    The penalty provided for in section 174.295, subdivision 4, applies to the
30.14certifications by the applicant and the person verifying the applicant's eligibility. The
30.15council must include a notice of the penalty for fraudulent certification in the application
30.16form and the eligibility verification form.
30.17EFFECTIVE DATE.This section is effective the day following final enactment.

30.18    Sec. 13. Minnesota Statutes 2006, section 473.386, subdivision 3, is amended to read:
30.19    Subd. 3. Duties of council. In implementing the special transportation service, the
30.20council shall:
30.21    (a) encourage participation in the service by public, private, and private nonprofit
30.22providers of special transportation currently receiving capital or operating assistance
30.23from a public agency;
30.24    (b) when feasible and cost-efficient, contract with public, private, and private
30.25nonprofit providers that have demonstrated their ability to effectively provide service at
30.26a reasonable cost;
30.27    (c) encourage individuals using special transportation to use the type of service
30.28most appropriate to their particular needs;
30.29    (d) ensure that all persons providing special transportation service receive equitable
30.30treatment in the allocation of the ridership;
30.31    (e) (d) require special transit service providers to:
30.32    (1) allow passengers to schedule trips up to four days in advance;
30.33    (2) guarantee same-day demand service availability for trips that are 25 miles or less;
31.1    (3) provide service for a minimum of 14 hours per day, unless the council finds
31.2that service needs are met by one or more providers in the service area for a minimum
31.3of 14 hours per day; and
31.4    (4) encourage shared rides to the greatest extent practicable;
31.5    (f) (e) encourage public agencies that provide transportation to eligible individuals
31.6as a component of human services and educational programs to coordinate with this
31.7service and to allow reimbursement for transportation provided through the service at rates
31.8that reflect the public cost of providing that transportation;
31.9    (g) (f) establish criteria to be used in determining individual eligibility for special
31.10transportation services;
31.11    (h) (g) consult with the Transportation Accessibility Advisory Committee in a
31.12timely manner before changes are made in the provision of special transportation services,
31.13including, but not limited to, changes in policies affecting the matters subject to hearing
31.14under subdivision 2;
31.15    (i) (h) provide for effective administration and enforcement of council policies
31.16and standards; and
31.17    (j) annually evaluate providers of special transportation service to ensure compliance
31.18with the standards established for the program; and
31.19    (k) (i) ensure that, taken as a whole including contracts with public, private, and
31.20private nonprofit providers, the geographic coverage area of the special transportation
31.21service is continuous within the boundaries of the transit taxing district, as defined as of
31.22March 1, 2006, in section 473.446, subdivision 2.
31.23EFFECTIVE DATE.This section is effective the day following final enactment,
31.24except that paragraph (d), clauses (1) to (3) are effective January 1, 2010.

31.25    Sec. 14. REPEALER.
31.26Minnesota Statutes 2006, sections 473.1465; and 473.247, are repealed.
31.27EFFECTIVE DATE.This section is effective the day following final enactment.

31.28ARTICLE 4
31.29REGISTRATION PLATES

31.30    Section 1. Minnesota Statutes 2006, section 168.10, subdivision 1a, is amended to read:
31.31    Subd. 1a. Collector's vehicle, pioneer license. (a) Any motor vehicle manufactured
31.32prior to 1936 and owned and operated solely as a collector's item shall be listed for
31.33taxation and registration as follows: An affidavit shall be executed stating the name and
31.34address of the owner, the name and address of the person from whom purchased, the make
31.35of the motor vehicle, year and number of the model, the manufacturer's identification
32.1number and that the vehicle is owned and operated solely as a collector's item and not for
32.2general transportation purposes. If the registrar commissioner is satisfied that the affidavit
32.3is true and correct and the owner pays a $25 tax and the plate fee authorized under section
32.4168.12, the registrar commissioner shall list such vehicle for taxation and registration and
32.5shall issue a single number plate.
32.6    (b) The number plate so issued shall bear the inscription "Pioneer," "Minnesota"
32.7and the registration number or other combination of characters authorized under section
32.8168.12, subdivision 2a , but no date. The number plate is valid without renewal as long
32.9as the vehicle is in existence in Minnesota. The registrar commissioner has the power to
32.10revoke said plate for failure to comply with this subdivision.

32.11    Sec. 2. Minnesota Statutes 2006, section 168.10, subdivision 1b, is amended to read:
32.12    Subd. 1b. Collector's vehicle, classic car license. (a) Any motor vehicle
32.13manufactured between and including the years 1925 and 1948, and designated by the
32.14registrar of motor vehicles commissioner as a classic car because of its fine design, high
32.15engineering standards, and superior workmanship, and owned and operated solely as a
32.16collector's item shall be listed for taxation and registration as follows: An affidavit shall be
32.17executed stating the name and address of the owner, the name and address of the person
32.18from whom purchased, the make of the motor vehicle, year and number of the model, the
32.19manufacturer's identification number and that the vehicle is owned and operated solely as a
32.20collector's item and not for general transportation purposes. If the registrar commissioner
32.21is satisfied that the affidavit is true and correct and that the motor vehicle qualifies to
32.22be classified as a classic car, and the owner pays a $25 tax and the plate fee authorized
32.23under section 168.12, the registrar commissioner shall list such vehicle for taxation and
32.24registration and shall issue a single number plate.
32.25    (b) The number plate so issued shall bear the inscription "Classic Car," "Minnesota,"
32.26and the registration number or other combination of characters authorized under section
32.27168.12, subdivision 2a , but no date. The number plate is valid without renewal as long
32.28as the vehicle is in existence in Minnesota. The registrar commissioner has the power to
32.29revoke said plate for failure to comply with this subdivision.
32.30    (c) The following cars built between and including 1925 and 1948 are classic:
32.31
A.C.
32.32
Adler
32.33
Alfa Romeo
32.34
Alvis
Speed 20, 25, and 4.3 litre.
32.35
Amilcar
32.36
Aston Martin
32.37
Auburn
All 8-cylinder and 12-cylinder models.
33.1
Audi
33.2
Austro-Daimler
33.3
Avions Voisin 12
33.4
Bentley
33.5
Blackhawk
33.6
B.M.W.
Models 327, 328, and 335 only.
33.7
Brewster (Heart-front Ford)
33.8
Bugatti
33.9
Buick
1931 through 1942: series 90 only.
33.10
Cadillac
All 1925 through 1935.
33.11
All 12's and 16's.
33.12
1936-1948: Series 63, 65, 67,
33.13
70, 72, 75, 80, 85 and 90 only.
33.14
1938-1947: 60 special only.
33.15
1940-1947: All 62 Series.
33.16
Chrysler
1926 through 1930: Imperial 80.
33.17
1929: Imperial L.
33.18
1931 through 1937: Imperial Series CG,
33.19
CH, CL, and CW.
33.20
All Newports and Thunderbolts.
33.21
1934 CX.
33.22
1935 C-3.
33.23
1936 C-11.
33.24
1937 through 1948: Custom Imperial,
33.25
Crown Imperial Series C-15, C-20, C-24,
33.26
C-27, C-33, C-37, and C-40.
33.27
Cord
33.28
Cunningham
33.29
Dagmar
Model 25-70 only.
33.30
Daimler
33.31
Delage
33.32
Delahaye
33.33
Doble
33.34
Dorris
33.35
Duesenberg
33.36
du Pont
33.37
Franklin
All models except 1933-34 Olympic Sixes.
33.38
Frazer Nash
33.39
Graham
1930-1931: Series 137.
33.40
Graham-Paige
1929-1930: Series 837.
33.41
Hispano Suiza
33.42
Horch
33.43
Hotchkiss
34.1
Invicta
34.2
Isotta Fraschini
34.3
Jaguar
34.4
Jordan
Speedway Series 'Z' only.
34.5
Kissel
1925, 1926 and 1927: Model 8-75.
34.6
1928: Model 8-90, and 8-90 White Eagle.
34.7
1929: Model 8-126, and 8-90 White Eagle.
34.8
1930: Model 8-126.
34.9
1931: Model 8-126.
34.10
Lagonda
34.11
Lancia
34.12
La Salle
1927 through 1933 only.
34.13
Lincoln
All models K, L, KA, and KB.
34.14
1941: Model 168H.
34.15
1942: Model 268H.
34.16
Lincoln Continental
1939 through 1948.
34.17
Locomobile
All models 48 and 90.
34.18
1927: Model 8-80.
34.19
1928: Model 8-80.
34.20
1929: Models 8-80 and 8-88.
34.21
Marmon
All 16-cylinder models.
34.22
1925: Model 74.
34.23
1926: Model 74.
34.24
1927: Model 75.
34.25
1928: Model E75.
34.26
1931: Model 88, and Big 8.
34.27
Maybach
34.28
McFarlan
34.29
Mercedes Benz
All models 2.2 litres and up.
34.30
Mercer
34.31
M.G.
6-cylinder models only.
34.32
Minerva
34.33
Nash
1931: Series 8-90.
34.34
1932: Series 9-90,
34.35
Advanced 8, and Ambassador 8.
34.36
1933-1934: Ambassador 8.
34.37
Packard
1925 through 1934: All models.
34.38
1935 through 1942: Models 1200,
34.39
1201, 1202, 1203, 1204, 1205, 1207,
34.40
1208, 1400, 1401, 1402, 1403, 1404,
34.41
1405, 1407, 1408, 1500, 1501, 1502,
34.42
1506, 1507, 1508, 1603, 1604, 1605,
34.43
1607, 1608, 1705, 1707, 1708, 1806,
35.1
1807, 1808, 1906, 1907, 1908, 2006,
35.2
2007, and 2008 only.
35.3
1946 and 1947: Models 2106 and
35.4
2126 only.
35.5
Peerless
1926 through 1928: Series 69.
35.6
1930-1931: Custom 8.
35.7
1932: Deluxe Custom 8.
35.8
Pierce Arrow
35.9
Railton
35.10
Renault
Grand Sport model only.
35.11
Reo
1930-1931: Royale Custom 8, and
35.12
Series 8-35 and 8-52 Elite 8.
35.13
1933: Royale Custom 8.
35.14
Revere
35.15
Roamer
1925: Series 8-88, 6-54e, and 4-75.
35.16
1926: Series 4-75e, and 8-88.
35.17
1927-1928: Series 8-88.
35.18
1929: Series 8-88, and 8-125.
35.19
1930: Series 8-125.
35.20
Rohr
35.21
Rolls Royce
35.22
Ruxton
35.23
Salmson
35.24
Squire
35.25
Stearns Knight
35.26
Stevens Duryea
35.27
Steyr
35.28
Studebaker
1929-1933: President, except model 82.
35.29
Stutz
35.30
Sunbeam
35.31
Talbot
35.32
Triumph
Dolomite 8 and Gloria 6.
35.33
Vauxhall
Series 25-70 and 30-98 only.
35.34
Voisin
35.35
Wills Saint Claire
35.36    (d) No commercial vehicles such as hearses, ambulances, or trucks are considered
35.37to be classic cars.

35.38    Sec. 3. Minnesota Statutes 2006, section 168.10, subdivision 1c, is amended to read:
35.39    Subd. 1c. Collector's vehicle, collector plate. (a) The owner of any self-propelled
35.40motor vehicle, including any truck, (1) that is (i) at least 20 model years old, or (ii) at
35.41least ten model years old and with a body or engine style of which not more than 500
35.42were manufactured in or imported into the United States in any model year, (2) that was
36.1manufactured after 1935, and (3) that is owned and operated solely as a collector's vehicle,
36.2shall list the vehicle for taxation and registration as provided in paragraph (b).
36.3    (b) The owner shall execute an affidavit stating (1) the name and address of the
36.4person from whom purchased and of the new owner, (2) the make of the motor vehicle,
36.5(3) the year and number of the model, (4) the manufacturer's identification number, (5)
36.6in the case of a vehicle described in paragraph (a), clause (1)(ii), that the vehicle has a
36.7body or engine style of which not more than 500 were manufactured or imported into the
36.8United States in any model year, and (6) that the vehicle is owned and operated solely as a
36.9collector's item and not for general transportation purposes.
36.10    (c) The owner shall provide a statement of the manufacturer or importer regarding
36.11the number of vehicles manufactured or imported during the model year.
36.12    (d) The owner shall also prove that the owner also has one or more vehicles with
36.13regular license plates.
36.14If the registrar commissioner is satisfied that the affidavit is true and correct and the
36.15owner pays a $25 tax and the plate fee authorized under section 168.12, the registrar
36.16commissioner shall list the vehicle for taxation and registration and shall issue a single
36.17number plate.
36.18    (e) The number plate issued shall bear the inscription "Collector," "Minnesota,"
36.19and the registration number or other combination of characters authorized under section
36.20168.12, subdivision 2a , but no date. The number plate is valid without renewal as long
36.21as the vehicle is in existence in Minnesota. The registrar commissioner has the power to
36.22revoke the plate for failure to comply with this subdivision.

36.23    Sec. 4. Minnesota Statutes 2006, section 168.10, subdivision 1d, is amended to read:
36.24    Subd. 1d. Collector's vehicle, street rod license. Any modernized motor vehicle
36.25manufactured prior to the year 1949 or designed and manufactured to resemble such
36.26vehicle shall be listed for taxation and registration as follows:
36.27    An affidavit shall be executed stating the name and address of the person from
36.28whom purchased and of the new owner, the make of the motor vehicle, year number of
36.29model, and the manufacturer's identification number. The affidavit shall further state that
36.30the vehicle is owned and operated solely as a street rod and not for general transportation
36.31purposes. The owner must also prove that the owner has one or more vehicles with regular
36.32license plates. If the registrar commissioner is satisfied that the affidavit is true and
36.33correct and the owner pays a $25 tax and the plate fee authorized under section 168.12,
36.34the registrar commissioner shall list such vehicle for taxation and registration and shall
36.35issue a single number plate.
37.1    The number plate issued shall bear the inscription "Street Rod", "Minnesota" and the
37.2registration number or other combination of characters authorized under section 168.12,
37.3subdivision 2a
, but no date. The number plate is valid without renewal as long as the
37.4vehicle is in existence in Minnesota. The registrar commissioner has the power to revoke
37.5such plate for failure to comply with this subdivision.

37.6    Sec. 5. Minnesota Statutes 2006, section 168.10, subdivision 1g, is amended to read:
37.7    Subd. 1g. Original plates. A vehicle registered pursuant to subdivision 1a, 1b, 1c
37.8or 1d may in lieu of being issued number plates by the registrar commissioner display
37.9original Minnesota number plates issued in the same year as the model year of the car
37.10on which they are displayed. The number of the original plates must be provided to the
37.11registrar commissioner. The original plates must be in good condition and shall be used in
37.12pairs one to be displayed in the front of the car and one in the rear, except for an original
37.13plate issued in 1911, 1944, 1945, or 1946 which may be used singly and displayed at the
37.14rear of the vehicle. Original Minnesota number plates shall not be used if the number on
37.15the original plate is identical to a number on any current street rod plate or any other plate
37.16in a numbering system used by the registrar commissioner without written authorization
37.17from the commissioner. Any person currently using plates issued pursuant to subdivision
37.181a, 1b, 1c or 1d shall return those plates to the registrar commissioner before substituting
37.19original plates. The registrar may commissioner shall charge a fee of $10 for registering
37.20the number on original plates.

37.21    Sec. 6. Minnesota Statutes 2006, section 168.10, subdivision 1h, is amended to read:
37.22    Subd. 1h. Collector military vehicle. (a) A motor vehicle, including a truck, shall
37.23be listed and registered under this section if it meets the following conditions:
37.24    (1) it is at least 20 years old;
37.25    (2) its first owner following its manufacture was a branch of the armed forces of
37.26the United States and it presently conforms to the vehicle specifications required during
37.27the time of military ownership, or it has been restored and presently conforms to the
37.28specifications required by a branch of the armed forces for the model year that the restored
37.29vehicle could have been owned by that branch of the armed forces; and
37.30    (3) it is owned by a nonprofit organization and operated solely as a collector's
37.31vehicle. For purposes of this subdivision, "nonprofit organization" means a corporation,
37.32society, association, foundation, or institution organized and operated exclusively for
37.33historical or educational purposes, no part of the net earnings of which inures to the
37.34benefit of a private individual.
37.35    (b) The owner of the vehicle shall execute an affidavit stating the name and address
37.36of the person from whom purchased and of the new owner; the make, year, and model
38.1number of the motor vehicle; the manufacturer's identification number; and the collector
38.2military vehicle identification number, if any, located on the exterior of the vehicle. The
38.3affidavit must affirm that the vehicle is owned by a nonprofit organization and is operated
38.4solely as a collector's item and not for general transportation purposes. If the registrar
38.5commissioner is satisfied that the affidavit is true and correct and the owner pays a $25
38.6tax and the plate fee authorized under section 168.12, the registrar commissioner shall
38.7list the vehicle for taxation and registration and shall issue number plates. The number
38.8plates shall bear the inscriptions "Collector" and "Minnesota" and the registration number,
38.9but no date. The number plates are valid without renewal as long as the vehicle is in
38.10existence in Minnesota. The registrar commissioner may revoke the plates for failure
38.11to comply with this subdivision.
38.12    (c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner
38.13of a registered collector military vehicle is not required to display registration plates on the
38.14exterior of the vehicle if the vehicle has an exterior number identification that conforms to
38.15the identifying system for military vehicles in effect when the vehicle was last owned by
38.16the branch of the armed forces of the United States or in effect in the year to which the
38.17collector military vehicle has been restored. However, the state registration plates must be
38.18carried in or on the collector military vehicle at all times.
38.19    (d) The owner of a registered collector military vehicle that is not required to display
38.20registration plates under paragraph (c) may tow a registered trailer behind it. The trailer
38.21is not required to display registration plates if the trailer:
38.22    (1) does not exceed a gross weight of 15,000 pounds;
38.23    (2) otherwise conforms to registration, licensing, and safety laws and specifications;
38.24    (3) conforms to military specifications for appearance and identification;
38.25    (4) is intended to represent and does represent a military trailer; and
38.26    (5) carries registration plates on or in the trailer or the collector military vehicle
38.27towing the trailer.

38.28    Sec. 7. Minnesota Statutes 2006, section 168.10, subdivision 1i, is amended to read:
38.29    Subd. 1i. Collector plate transfer. Notwithstanding section 168.12, subdivision 1,
38.30on payment of a transfer fee of $5, plates issued under this section may be transferred to
38.31another vehicle owned or jointly owned by the person to whom the special plates were
38.32issued or the plate may be assigned to another owner. In addition to the transfer fee a new
38.33owner must pay the $25 plate tax or and any fee required by section 168.12, subdivision
38.342a
. The $5 fee must be paid into the state treasury and credited to the highway user tax
38.35distribution fund. License plates issued under this section may not be transferred to a
38.36vehicle not eligible for the collector's vehicle license plates.

39.1    Sec. 8. Minnesota Statutes 2006, section 168.12, subdivision 1, is amended to read:
39.2    Subdivision 1. Plates; design, visibility, periods of issuance. (a) The commissioner,
39.3upon approval and payment, shall issue to the applicant the plates required by this chapter,
39.4bearing the state name and an assigned vehicle registration number. The number assigned
39.5by the commissioner may be a combination of a letter or sign with figures. The color of the
39.6plates and the color of the abbreviation of the state name and the number assigned must
39.7be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably
39.8indicate the registration of the vehicle according to the rules of the commissioner.
39.9    (b) When a vehicle is registered on the basis of total gross weight, the plates issued
39.10must clearly indicate by letters or other suitable insignia the maximum gross weight
39.11for which the tax has been paid.
39.12    (c) The plates must be so treated as to be at least 100 times brighter than the
39.13conventional painted number plates. When properly mounted on an unlighted vehicle, the
39.14plates, when viewed from a vehicle equipped with standard headlights, must be visible for
39.15a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
39.16    (d) The commissioner shall issue plates for the following periods:
39.17    (1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a
39.18vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be
39.19transferable from one vehicle to another but the plate may be transferred with the vehicle
39.20from one tax-exempt agency to another.
39.21    (2) Plates issued for passenger automobiles must be issued for a seven-year period.
39.22All plates issued under this paragraph must be replaced if they are seven years old or older
39.23at the time of registration renewal or will become so during the registration period.
39.24    (3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must
39.25be for a seven-year period.
39.26    (4) Plates issued under subdivisions 2c and 2d and section 168.123 must be issued
39.27for the life of the veteran under section 169.79.
39.28    (5) Plates for any vehicle not specified in clauses (1) to (3), except for trailers as
39.29hereafter provided, must be issued for the life of the vehicle. Beginning with plates issued
39.30for the year 1981, plates issued for trailers with a total gross weight of 3,000 pounds or
39.31less must be issued for the life of the trailer and must be not more than seven inches in
39.32length and four inches in width.
39.33    (e) In a year in which plates are not issued, the commissioner shall issue for each
39.34registration a sticker to designate the year of registration. This sticker must show the year
39.35or years for which the sticker is issued, and is valid only for that period. The plates and
39.36stickers issued for a vehicle may not be transferred to another vehicle during the period
40.1for which the sticker is issued, except when issued for a vehicle registered under section
40.2168.187 .
40.3    (f) Despite any other provision of this subdivision, plates issued to a vehicle used
40.4for behind-the-wheel instruction in a driver education course in a public school may
40.5be transferred to another vehicle used for the same purpose without payment of any
40.6additional fee. The public school shall notify the commissioner of each transfer of plates
40.7under this paragraph. The commissioner may prescribe a format for notification.

40.8    Sec. 9. Minnesota Statutes 2006, section 168.12, subdivision 2, is amended to read:
40.9    Subd. 2. Amateur radio licensee; special plates, rules. (a) The commissioner shall
40.10issue amateur radio plates to an applicant who:
40.11    (1) is an owner of a passenger automobile or recreational motor vehicle;
40.12    (2) is a resident of this state;
40.13    (3) holds an official amateur radio station license or a citizens radio service class D
40.14license, in good standing, issued by the Federal Communications Commission;
40.15    (4) pays the registration tax required under section 168.013;
40.16    (5) pays a fee of $10 for each set of special plates and any other fees required by
40.17this chapter; and
40.18    (6) complies with this chapter and rules governing the registration of motor vehicles
40.19and licensing of drivers;
40.20    (b) In lieu of the registration number required for identification under subdivision 1,
40.21the plates must indicate the official amateur call letters of the applicant, as assigned by the
40.22Federal Communications Commission, and the words "AMATEUR RADIO."
40.23    (c) This provision for the issue of special plates applies only if the applicant's motor
40.24vehicle is already registered in Minnesota so that the applicant has valid regular Minnesota
40.25plates issued for that motor vehicle under which to operate it during the time that it will
40.26take to have the necessary special plates made.
40.27    (d) If owning more than one motor vehicle of the type specified in this subdivision,
40.28the applicant may apply for special plates for each of not more than two motor vehicles
40.29motor vehicle and, if each application complies with this subdivision, the commissioner
40.30shall furnish the applicant with the special plates, indicating the official amateur call
40.31letters and other distinguishing information as the commissioner considers necessary, for
40.32each of the two motor vehicles.
40.33    (e) The commissioner may make reasonable rules governing the use of the special
40.34plates as will assure the full compliance by the owner of the special plates, with all existing
40.35laws governing the registration of motor vehicles and the transfer and use of the plates.
41.1    (f) Despite any contrary provision of subdivision 1, the special plates issued under
41.2this subdivision may be transferred by an owner to another motor vehicle listed in
41.3paragraph (a) and registered to the same owner, upon the payment of a fee of $5. The
41.4commissioner must be notified before the transfer and may prescribe a format for the
41.5notification.

41.6    Sec. 10. Minnesota Statutes 2006, section 168.12, subdivision 2a, is amended to read:
41.7    Subd. 2a. Personalized plates; rules. (a) The commissioner shall may issue
41.8personalized plates or, if requested for special plates issued under section 168.123 for
41.9veterans, 168.124 for medal of honor recipients, or 168.125 for former prisoners of war,
41.10applicable personalized special veterans plates, to an applicant who:
41.11    (1) is an owner of a passenger automobile including a passenger automobile
41.12registered as a classic car, pioneer car, collector car, or street rod; any truck with a
41.13manufacturer's nominal rated capacity of one ton or less and resembling a pickup truck; a
41.14motorcycle, including a classic motorcycle; a motorized bicycle; a commuter van as
41.15defined in section 168.126; or a recreational motor vehicle;
41.16    (2) pays a onetime fee of $100 and any other fees required by this chapter;
41.17    (3) pays the registration tax required by this chapter for the motor vehicle; and
41.18    (4) complies with this chapter and rules governing registration of motor vehicles
41.19and licensing of drivers.
41.20    (b) The commissioner shall charge a replacement fee for personalized license plates
41.21and personalized special veterans plates issued under section 168.123 as specified in
41.22subdivision 5. This fee must be paid by the applicant whenever the personalized plates are
41.23required to be replaced by law, except that as provided in section 168.124, subdivision
41.243
, and 168.125, subdivision 1b, no fee may be charged to replace plates issued under
41.25those sections.
41.26    (c) In lieu of the registration number assigned as provided in subdivision 1,
41.27personalized plates and personalized special veterans plates must have imprinted on them
41.28a series of not more than seven numbers and letters, or five numbers and letters for
41.29personalized special veterans plates, in any combination and, as applicable, satisfy the
41.30design requirements of section 168.123, 168.124, or 168.125. When an applicant has once
41.31obtained personalized plates or personalized special veterans plates, the applicant shall
41.32have a prior claim for similar personalized plates or personalized special veterans plates in
41.33the next succeeding year as long as current motor vehicle registration is maintained.
41.34    (d) The commissioner shall adopt rules in the manner provided by chapter 14,
41.35regulating the issuance and transfer of personalized plates and personalized special
41.36veterans plates. No words or combination of letters placed on these plates may be used
42.1for commercial advertising, be of an obscene, indecent, or immoral nature, or be of a
42.2nature that would offend public morals or decency. The call signals or letters of a radio or
42.3television station are not commercial advertising for the purposes of this subdivision.
42.4    (e) Despite the provisions of subdivision 1, personalized plates and personalized
42.5special veterans plates issued under this subdivision may be transferred to another motor
42.6vehicle listed in paragraph (a) and owned by the applicant, upon the payment of a fee of $5.
42.7    (f) The commissioner may by rule specify the format for notification.
42.8    (g) A personalized plate or personalized special veterans plate issued for a classic
42.9car, pioneer car, collector car, street rod, or classic motorcycle may not be transferred
42.10to a vehicle not eligible for such a plate.
42.11    (h) Despite any law to the contrary, if the personalized license plates are lost, stolen,
42.12or destroyed, the applicant may apply and must be issued duplicate license plates bearing
42.13the same combination of letters and numbers and the same design as (1) the former
42.14personalized plates or personalized special veterans plates under section 168.123 upon
42.15the payment of the fee required by section 168.29 or (2) the former personalized special
42.16veterans plates issued under section 168.124 or 168.125, without charge.

42.17    Sec. 11. Minnesota Statutes 2006, section 168.12, subdivision 2b, is amended to read:
42.18    Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
42.19special plates, or a single license plate in the case of a motorcycle plate, to any applicant
42.20who:
42.21    (1) is both a member of a fire department receiving state aid under chapter 69 and an
42.22owner of a passenger automobile, a truck with a manufacturer's nominal rated capacity of
42.23one ton and resembling a pickup truck, or a motorcycle;
42.24    (2) pays a fee of $10 and any other fees required by this chapter;
42.25    (3) pays the registration tax required by this chapter for the motor vehicle; and
42.26    (4) complies with this chapter and rules governing the registration of motor vehicles
42.27and licensing of drivers.
42.28    (b) In lieu of the identification required under subdivision 1, the special plates must
42.29bear an emblem of a Maltese Cross together with any numbers or characters prescribed
42.30by the commissioner. No applicant shall receive more than two sets of plates for motor
42.31vehicles owned by the applicant.
42.32    (c) Special plates issued under this subdivision may only be used during the period
42.33that the owner of the motor vehicle is a member of a fire department as specified in this
42.34subdivision. When the individual to whom the special plates were issued is no longer a
42.35member of a fire department or when the motor vehicle ownership is transferred, the
42.36owner shall remove the special plates from the motor vehicle. If the commissioner
43.1receives written notification that an individual is no longer qualified for these special
43.2plates, the commissioner shall invalidate the plates and notify the individual of this
43.3action. The individual may retain the plate only upon demonstrating compliance with the
43.4qualifications of this subdivision. Upon removal or invalidation of the special plates, or
43.5special motorcycle plate, either the owner or purchaser of the motor vehicle is entitled
43.6to receive regular plates or a regular motorcycle plate for the motor vehicle without cost
43.7for the remainder of the registration period for which the special plate or plates were
43.8issued shall obtain regular plates or a regular motorcycle plate for the proper registration
43.9classification for the motor vehicle.
43.10    (d) A special motorcycle license plate issued under this subdivision must be the
43.11same size as a standard motorcycle license plate.
43.12    (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
43.13automobile or truck may be transferred to another passenger automobile or truck owned
43.14or jointly owned by the person to whom the plates were issued. On payment of a fee of
43.15$5, a plate issued under this subdivision for a motorcycle may be transferred to another
43.16motorcycle owned or jointly owned by the person to whom the plate was issued.
43.17    (f) The commissioner may adopt rules under the Administrative Procedure Act,
43.18sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized
43.19in this subdivision.

43.20    Sec. 12. Minnesota Statutes 2006, section 168.12, subdivision 2c, is amended to read:
43.21    Subd. 2c. National Guard; special plates, rules. (a) The commissioner shall
43.22issue special plates to any applicant who:
43.23    (1) is a regularly enlisted, commissioned, or retired member of the Minnesota
43.24National Guard, other than an inactive member who is not a retired member, and is an
43.25owner of a passenger automobile;
43.26    (2) pays a fee of $10 and any other fees required by this chapter;
43.27    (3) pays the registration tax required by this chapter; and
43.28    (4) complies with this chapter and rules governing the registration of motor vehicles
43.29and licensing of drivers.
43.30    (b) The adjutant general shall design the emblem for these special plates subject to
43.31the approval of the commissioner.
43.32    (c) An applicant must not be issued more than two sets of plates for motor vehicles
43.33registered to the applicant.
43.34    (d) (c) Special plates issued under this subdivision may only be used during the
43.35period that the owner of the motor vehicle is an active or retired member of the Minnesota
43.36National Guard as specified in this subdivision. When the individual to whom the
44.1special plates were issued is no longer an active or retired member of the Minnesota
44.2National Guard, the special plates must be removed from the vehicle by the owner. If the
44.3commissioner receives written notification that an individual is no longer qualified for
44.4these special plates, the commissioner shall invalidate the plates and notify the individual
44.5of this action. The individual may retain the plate only upon demonstrating compliance
44.6with the qualifications of this subdivision. Upon removal or invalidation of the special
44.7plates, either the owner or purchaser of the motor vehicle is entitled to receive regular
44.8plates for the motor vehicle without cost for the remainder of the registration period for
44.9which the special plates were issued shall obtain regular plates for the motor vehicle.
44.10    (e) (d) While the person is an active or retired member of the Minnesota National
44.11Guard, plates issued pursuant to this subdivision may be transferred to another motor
44.12vehicle owned by that individual upon payment of a fee of $5.
44.13    (f) (e) For purposes of this subdivision, "retired member" means an individual
44.14placed on the roll of retired officers or roll of retired enlisted members in the Office of the
44.15Adjutant General under section 192.18 and who is not deceased.
44.16    (g) (f) The commissioner may adopt rules under the Administrative Procedure Act to
44.17govern the issuance and use of the special plates authorized by this subdivision.

44.18    Sec. 13. Minnesota Statutes 2006, section 168.12, subdivision 2d, is amended to read:
44.19    Subd. 2d. Ready Reserve; special plates, rules. (a) The commissioner shall issue
44.20special plates to an applicant who:
44.21    (1) is not eligible for special National Guard plates under subdivision 2c, is a
44.22member of the United States armed forces ready reserve as described in United States
44.23Code, title 10, section 10142 or 10143, or a retired reserve as described in United States
44.24Code, title 10, section 10154, and is an owner of a passenger automobile;
44.25    (2) pays a fee of $10 and any other fees required by this chapter;
44.26    (3) pays the registration tax required by this chapter; and
44.27    (4) complies with this chapter and rules governing the registration of motor vehicles
44.28and licensing of drivers.
44.29    (b) The commissioner of veterans affairs shall design the emblem for these special
44.30plates subject to the approval of the commissioner.
44.31    (c) An applicant must not be issued more than two sets of plates for motor vehicles
44.32owned by the applicant.
44.33    (d) (c) Special plates issued under this subdivision may only be used during the
44.34period that the owner of the motor vehicle is a member of the ready reserve. When the
44.35owner is no longer a member, the special plates must be removed from the motor vehicle
44.36by the owner. If the commissioner receives written notification that an individual is no
45.1longer qualified for these special plates, the commissioner shall invalidate the plates
45.2and notify the individual of this action. The individual may retain the plate only upon
45.3demonstrating compliance with the qualifications of this subdivision. On removing
45.4removal or invalidation of the special plates, either the owner or purchaser of the motor
45.5vehicle is entitled to receive regular plates for the motor vehicle without cost for the rest
45.6of the registration period for which the special plates were issued shall obtain regular
45.7plates for the motor vehicle. While the owner is a member of the ready reserve, plates
45.8issued under this subdivision may be transferred to another motor vehicle owned by that
45.9individual on paying a fee of $5.
45.10    (e) (d) The commissioner may adopt rules under the Administrative Procedure Act
45.11to govern the issuance and use of the special plates authorized by this subdivision.

45.12    Sec. 14. Minnesota Statutes 2006, section 168.12, subdivision 2e, is amended to read:
45.13    Subd. 2e. Volunteer ambulance attendants; special plates. (a) The commissioner
45.14shall issue special license plates to an applicant who:
45.15    (1) is a volunteer ambulance attendant as defined in section 144E.001, subdivision
45.1615
, and owns a motor vehicle taxed as a passenger automobile;
45.17    (2) pays the registration tax required by this chapter for the motor vehicle;
45.18    (3) pays a fee of $10 and any other fees required by this chapter; and
45.19    (4) complies with this chapter and rules governing the registration of motor vehicles
45.20and licensing of drivers.
45.21    (b) The commissioner shall not issue more than two sets of these plates to each
45.22qualified applicant.
45.23    (c) (b) An individual may use special plates issued under this subdivision only during
45.24the period that the individual is a volunteer ambulance attendant. When the individual to
45.25whom the special plates were issued ceases to be a volunteer ambulance attendant, the
45.26individual shall remove each set of special plates issued. If the commissioner receives
45.27written notification that an individual is no longer qualified for these special plates, the
45.28commissioner shall invalidate the plates and notify the individual of this action. The
45.29individual may retain the plate only upon demonstrating compliance with the qualifications
45.30of this subdivision. When ownership of the motor vehicle is transferred, the individual
45.31shall remove the special plates from that motor vehicle. On removal or invalidation of
45.32each set of the special plates, the owner or purchaser of the motor vehicle, or new owner
45.33in case of a transferred motor vehicle, is entitled to receive regular plates for the motor
45.34vehicle without cost for the rest of the registration period for which the set of special
45.35plates were issued shall obtain regular plates for the motor vehicle. Special plates issued
46.1under this subdivision may be transferred to another motor vehicle owned by the volunteer
46.2ambulance attendant on payment of a fee of $5.
46.3    (d) (c) The commissioner may adopt rules governing the design, issuance, and sale
46.4of the special plates authorized by this subdivision.

46.5ARTICLE 5
46.6VEHICLE SIZE, WEIGHT, AND LOAD RESTRICTIONS

46.7    Section 1. Minnesota Statutes 2006, section 169.01, subdivision 78, is amended to read:
46.8    Subd. 78. Recreational vehicle combination. (a) "Recreational vehicle
46.9combination" means a combination of vehicles consisting of a full-size pickup truck as
46.10defined in section 168.011, subdivision 29, attached by means of a fifth-wheel coupling to
46.11a camper-semitrailer which has hitched to it a trailer carrying a watercraft as defined in
46.12section 86B.005, subdivision 18; off-highway motorcycle as defined in section 84.787,
46.13subdivision 7
; motorcycle; motorized bicycle; snowmobile as defined in section 84.81,
46.14subdivision 3
; all-terrain vehicle as defined in section 84.92, subdivision 8; motorized golf
46.15cart; or equestrian equipment or supplies.
46.16    (b) For purposes of this subdivision:
46.17    (1) A "fifth-wheel coupling" is a coupling between a camper-semitrailer and a
46.18towing pickup truck in which a portion of the weight of the camper-semitrailer is carried
46.19over or forward of the rear axle of the towing pickup.
46.20    (2) A "camper-semitrailer" is a trailer, other than a manufactured home as defined in
46.21section 327B.01, subdivision 13, designed for human habitation and used for vacation or
46.22recreational purposes for limited periods.

46.23    Sec. 2. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
46.24to read:
46.25    Subd. 92. Full-size pickup truck. "Full-size pickup truck" means any truck with a
46.26manufacturer's nominal rated carrying capacity of one ton or less and commonly known
46.27as or resembling a pickup truck.

46.28    Sec. 3. Minnesota Statutes 2006, section 169.81, subdivision 2, is amended to read:
46.29    Subd. 2. Length of single vehicle; exceptions. (a) Statewide, no single vehicle may
46.30exceed 40 45 feet in overall length, including load and front and rear bumpers, except:
46.31    (1) mobile cranes, which may not exceed 48 feet in overall length;
46.32    (2) buses, which may not exceed 45 feet in overall length; and
46.33    (3) type A, B, or C motor homes as defined in section 168.011, subdivision 25,
46.34paragraph (c), which may not exceed 45 feet in overall length.
46.35    (b) Statewide, no semitrailer may exceed 48 feet in overall length, including bumper
46.36and load, but excluding non-cargo-carrying equipment, such as refrigeration units or air
47.1compressors, necessary for safe and efficient operation and located on the end of the
47.2semitrailer adjacent to the truck-tractor. However, statewide, a single semitrailer may
47.3exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline of the
47.4rear axle group of the semitrailer does not exceed 43 feet.
47.5    (c) Statewide, no single trailer may have an overall length exceeding 45 feet,
47.6including the tow bar assembly but exclusive of rear bumpers that do not increase the
47.7overall length by more than six inches.
47.8    (d) For determining compliance with this subdivision, the length of the semitrailer
47.9or trailer must be determined separately from the overall length of the combination of
47.10vehicles.
47.11    (e) No semitrailer or trailer used in a three-vehicle combination may have an overall
47.12length in excess of 28-1/2 feet, exclusive of:
47.13    (1) non-cargo-carrying accessory equipment, including refrigeration units or air
47.14compressors and upper coupler plates, necessary for safe and efficient operation, located
47.15on the end of the semitrailer or trailer adjacent to the truck or truck-tractor;
47.16    (2) the tow bar assembly; and
47.17    (3) lower coupler equipment that is a fixed part of the rear end of the first semitrailer
47.18or trailer.
47.19EFFECTIVE DATE.This section is effective August 1, 2007.

47.20    Sec. 4. Minnesota Statutes 2006, section 169.81, subdivision 3c, is amended to read:
47.21    Subd. 3c. Recreational vehicle combination. Notwithstanding subdivision 3, a
47.22recreational vehicle combination may be operated without a permit if:
47.23    (1) the combination does not consist of more than three vehicles, and the towing
47.24rating of the full-size pickup truck is equal to or greater than the total weight of all
47.25vehicles being towed;
47.26    (2) the combination does not exceed 70 feet in length;
47.27    (3) the middle vehicle in the combination does not exceed 28 feet in length;
47.28    (4) the operator of the combination is at least 18 years of age;
47.29    (5) (4) the trailer is only carrying a watercraft, motorcycle, motorized bicycle,
47.30off-highway motorcycle, snowmobile, all-terrain vehicle, motorized golf cart, or
47.31equestrian equipment or supplies, and meets all requirements of law;
47.32    (6) (5) the trailers vehicles in the combination are connected to the full-size pickup
47.33truck and each other in conformity with section 169.82; and
48.1    (7) (6) the combination is not operated within the seven-county metropolitan area,
48.2as defined in section 473.121, subdivision 2, during the hours of 6:00 a.m. to 9:00 a.m.
48.3and 4:00 p.m. to 7:00 p.m. on Mondays through Fridays.
48.4EFFECTIVE DATE.This section is effective the day following final enactment.

48.5    Sec. 5. Minnesota Statutes 2006, section 169.823, subdivision 1, is amended to read:
48.6    Subdivision 1. Pneumatic-tired vehicle. No vehicle or combination of vehicles
48.7equipped with pneumatic tires shall be operated upon the highways of this state:
48.8    (1) where the gross weight on any wheel exceeds 9,000 pounds, except that on
48.9paved county state-aid highways, paved county roads, designated local routes, and state
48.10trunk highways the gross weight on any single wheel shall not exceed 10,000 pounds
48.11unless posted;
48.12    (2) where the gross weight on any single axle exceeds 18,000 pounds, except that
48.13on paved county state-aid highways, paved county roads, designated local routes, and
48.14state trunk highways the gross weight on any single axle shall not exceed 20,000 pounds
48.15unless posted;
48.16    (3) where the maximum wheel load:
48.17    (i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire
48.18width or the manufacturer's recommended load, whichever is less; or
48.19    (ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's
48.20recommended load, whichever is less. This item applies to new vehicles manufactured
48.21after August 1, 1991. For vehicles manufactured before August 2, 1991, the maximum
48.22weight per inch of tire width is 600 pounds per inch or the manufacturer's recommended
48.23load, whichever is less, until August 1, 1996. After July 31, 1996, this item applies to all
48.24vehicles regardless of date of manufacture;
48.25    (4) where the gross weight on any axle of a tridem exceeds 15,000 pounds, except
48.26that for vehicles to which an additional axle has been added prior to June 1, 1981, the
48.27maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the
48.28gross weight of the tridem combination does not exceed 39,900 pounds where the first
48.29and third axles of the tridem are spaced nine feet apart;
48.30    (5) where the gross weight on any group of axles exceeds the weights permitted
48.31under sections 169.822 to 169.829 with any or all of the interior axles disregarded, and
48.32with an exterior axle disregarded if the exterior axle is a variable load axle that is not
48.33carrying its intended weight, and their gross weights subtracted from the gross weight of
48.34all axles of the group under consideration.

48.35    Sec. 6. Minnesota Statutes 2006, section 169.824, subdivision 1, is amended to read:
49.1    Subdivision 1. Table of Axle weight limits table. (a) No vehicle or combination of
49.2vehicles equipped with pneumatic tires shall be operated upon the highways of this state
49.3where the total gross weight on any group of two or more consecutive axles of any vehicle
49.4or combination of vehicles exceeds that given in the following axle weight limits table for
49.5the distance between the centers of the first and last axles of any group of two or more
49.6consecutive axles under consideration;. unless otherwise noted, the distance between axles
49.7being is measured longitudinally to the nearest even foot, and when the measurement is a
49.8fraction of exactly one-half foot the next largest whole number in feet shall be used,
49.9except that when the distance between axles is more than three feet four inches and less
49.10than three feet six inches the distance of four feet shall be used:.
49.11
Axle Weight Limits Table
49.12
Maximum gross weight in pounds on a group of
49.13
2
3
4
49.14
49.15
49.16
49.17
49.18
49.19
49.20
Distances in feet
between centers
of foremost and
rearmost axles of a
group
consecutive axles
of a 2-axle vehicle
or of any vehicle
or combination of
vehicles having a
total of 2 or more
axles
consecutive axles
of a 3-axle vehicle
or of any vehicle
or combination of
vehicles having a
total of 3 or more
axles
consecutive axles
of a 4-axle vehicle
or any combination
of vehicles having
a total of 4 or more
axles
49.21
4
34,000
49.22
5
34,000
49.23
6
34,000
49.24
7
34,000
37,000
49.25
8
34,000
38,500
49.26
8 plus
34,000
42,000
49.27
(38,000)
49.28
9
35,000
43,000
49.29
(39,000)
49.30
10
36,000
43,500
49,000
49.31
(40,000)
49.32
11
36,000
44,500
49,500
49.33
12
45,000
50,000
49.34
13
46,000
51,000
49.35
14
46,500
51,500
49.36
15
47,500
52,000
49.37
16
48,000
53,000
49.38
17
49,000
53,500
49.39
18
49,500
54,000
49.40
19
50,500
55,000
49.41
20
51,000
55,500
49.42
21
52,000
56,000
49.43
22
52,500
57,000
50.1
23
53,500
57,500
50.2
24
54,000
58,000
50.3
25
(55,000)
59,000
50.4
26
(55,500)
59,500
50.5
27
(56,500)
60,000
50.6
28
(57,000)
61,000
50.7
29
(58,000)
61,500
50.8
30
(58,500)
62,000
50.9
31
(59,500)
63,000
50.10
32
(60,000)
63,500
50.11
33
64,000
50.12
34
65,000
50.13
35
65,500
50.14
36
66,000
50.15
37
67,000
50.16
38
67,500
50.17
39
68,000
50.18
40
69,000
50.19
41
69,500
50.20
42
70,000
50.21
43
71,000
50.22
44
71,500
50.23
45
72,000
50.24
46
72,500
50.25
47
(73,500)
50.26
48
(74,000)
50.27
49
(74,500)
50.28
50
(75,500)
50.29
51
(76,000)
50.30The maximum gross weight on a group of three consecutive axles where the distance
50.31between centers of foremost and rearmost axles is listed as seven feet or eight feet applies
50.32only to vehicles manufactured before August 1, 1991.
50.33"8 plus" refers to any distance greater than eight feet but less than nine feet.
50.34
Axle Weight Limits Table (continued)
50.35
Maximum gross weight in pounds on a group of
50.36
5
6
7
50.37
50.38
50.39
50.40
50.41
50.42
Distances in feet
between centers
of foremost and
rearmost axles of a
group
consecutive axles
of a 5-axle vehicle
or any combination
of vehicles having
a total of 5 or more
axles
consecutive axles
of a combination of
vehicles having a
total of 6 or more
axles
consecutive axles
of a combination of
vehicles having a
total of 7 or more
axles
50.43
14
57,000
51.1
15
57,500
51.2
16
58,000
51.3
17
59,000
51.4
18
59,500
51.5
19
60,000
51.6
20
60,500
66,000
72,000
51.7
21
61,500
67,000
72,500
51.8
22
62,000
67,500
73,000
51.9
23
62,500
68,000
73,500
51.10
24
63,000
68,500
74,000
51.11
25
64,000
69,000
75,000
51.12
26
64,500
70,000
75,500
51.13
27
65,000
70,500
76,000
51.14
28
65,500
71,000
76,500
51.15
29
66,500
71,500
77,000
51.16
30
67,000
72,000
77,500
51.17
31
67,500
73,000
78,500
51.18
32
68,000
73,500
79,000
51.19
33
69,000
74,000
79,500
51.20
34
69,500
74,500
80,000
51.21
35
70,000
75,000
[80,500]
51.22
36
70,500
76,000
[81,000]
51.23
37
71,500
76,500
[81,500]
51.24
38
72,000
77,000
[82,000]
51.25
39
72,500
77,500
[82,500]
51.26
40
73,00073,280
78,000
[83,500]
51.27
41
(74,000)
79,000
[84,000]
51.28
42
(74,500)
79,500
[84,500]
51.29
43
(75,000)
80,000
[85,000]
51.30
44
(75,500)
[80,500]
[85,500]
51.31
45
(76,500)
[81,000]
[86,000]
51.32
46
(77,000)
[81,500]
[87,000]
51.33
47
(77,500)
[82,000]
[87,500]
51.34
48
(78,000)
[83,000]
[88,000]
51.35
49
(79,000)
[83,500]
[88,500]
51.36
50
(79,500)
[84,000]
[89,000]
51.37
51
(80,000)
[84,500]
[89,500]
51.38
52
[85,000]
[90,500]
51.39
53
[86,000]
[91,000]
51.40
54
[86,500]
[91,500]
51.41
55
[87,000]
[92,000]
51.42
56
[87,500]
[92,500]
51.43
57
[88,000]
[93,000]
52.1
58
[89,000]
[94,000]
52.2
59
[89,500]
[94,500]
52.3
60
[90,000]
[95,000]
52.4
61
[95,500]
52.5
62
[96,000]
52.6
63
[97,000]
52.7    (b) The maximum gross weight on a group of three consecutive axles where the
52.8distance between centers of foremost and rearmost axles is listed as seven feet or eight
52.9feet applies only to vehicles manufactured before August 1, 1991. "8 plus" means any
52.10distance greater than eight feet but less than nine feet.
52.11(c) The gross weights shown in parentheses in this the axle weight limits table are
52.12permitted only on state (i) trunk highways and, (ii) routes designated under section
52.13169.832, subdivision 11 , and (iii) routes designated as having a maximum weight limit of
52.14at least nine tons per axle.
52.15    (d) The gross weights shown in brackets in the axle weight limits table are permitted
52.16only for a vehicle or combination of vehicles for which a permit has been issued under
52.17sections 169.863 or 169.865.
52.18    (b) (e) Notwithstanding any lesser weight in pounds shown in this the axle weight
52.19limits table but subject to the restrictions on gross vehicle weights in subdivision 2,
52.20paragraph (a), two consecutive sets of tandem axles may carry a gross load of 34,000
52.21pounds each and a combined gross load of 68,000 pounds provided the overall distance
52.22between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.

52.23    Sec. 7. Minnesota Statutes 2006, section 169.824, subdivision 2, is amended to read:
52.24    Subd. 2. Gross vehicle weight of all axles. (a) Notwithstanding the provisions
52.25of section 169.85, the gross vehicle weight of all axles of a vehicle or combination of
52.26vehicles shall must not exceed:
52.27    (1) 80,000 pounds for any vehicle or combination of vehicles on all state (i) trunk
52.28highways as defined in section 160.02, subdivision 29, and for all (ii) routes designated
52.29under section 169.832, subdivision 11, and (iii) paved county highways, including paved
52.30county state-aid highways;
52.31    (2) 88,000 pounds for any vehicle or combination of vehicles with six or more
52.32axles while exclusively engaged in hauling livestock on all state trunk highways other
52.33than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5,
52.34paragraph (k); and
52.35    (3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less
52.36on all routes, other than state trunk highways and routes that are designated under section
53.1169.832, subdivision 11, except that a vehicle needing reasonable access to a terminal or
53.2facilities for food, fuel, repairs, and rest, located within three miles of a ten-ton route, may
53.3not exceed 80,000 pounds. "Terminal" means any location where freight either originates,
53.4terminates, or is handled in the transportation process, or where commercial motor carriers
53.5maintain operating facilities; and routes identified in clause (1).
53.6    (4) 80,000 pounds for any vehicle or combination of vehicles with six or more
53.7axles on all routes, other than state trunk highways and routes that are designated under
53.8section 169.832, subdivision 11.
53.9    (b) The maximum weights specified in this section for five consecutive axles shall
53.10not apply to a four-axle ready-mix concrete truck which was equipped with a fifth axle
53.11prior to June 1, 1981. The maximum gross weight on four or fewer consecutive axles of
53.12vehicles excepted by this clause shall not exceed any maximum weight specified for four
53.13or fewer consecutive axles in this section.
53.14    (b) Notwithstanding the maximum weight provisions of this section and section
53.15169.85, and in order to promote the reduction of fuel use and emissions because of engine
53.16idling, the maximum gross vehicle weight limits and the axle weight limits for any motor
53.17vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction technology
53.18must be increased by the amount of weight necessary to compensate for the weight of the
53.19idle reduction technology, not to exceed 400 pounds. At the request of an authorized
53.20representative of the Department of Transportation or Department of Public Safety the
53.21vehicle operator shall provide proof that the vehicle is equipped with this technology
53.22through documentation or demonstration.

53.23    Sec. 8. Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:
53.24    Subd. 1a. Harvest season increase amount. The limitations provided in sections
53.25169.822 to 169.829 are increased by ten percent from the beginning of harvest July 1 to
53.26November 30 each year for the movement of sugar beets, carrots, and potatoes agricultural
53.27crops from the field of harvest to the point of the first unloading. Transfer of the product
53.28from a farm vehicle or small farm trailer, within the meaning of chapter 168, to another
53.29vehicle is not considered to be the first unloading. The commissioner shall not issue
53.30permits take any action under this subdivision if to do so will result in a loss of federal
53.31highway funding to the state.

53.32    Sec. 9. Minnesota Statutes 2006, section 169.826, subdivision 1b, is amended to read:
53.33    Subd. 1b. Nine-ton county roads. Despite the provisions of subdivision 5 and
53.34sections 169.824, subdivision 2, paragraph (a), clause (2), and 169.832, subdivision 11, a
53.35vehicle or combination of vehicles with a gross vehicle weight up to 88,000 pounds may
53.36be operated on a nine-ton county road, consistent with the increases allowed for vehicles
54.1operating on a ten-ton road, during the time when the increases under subdivision 1 are in
54.2effect in that zone.

54.3    Sec. 10. Minnesota Statutes 2006, section 169.8261, is amended to read:
54.4169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS.
54.5    (a) A vehicle or combination of vehicles hauling raw or unfinished forest products,
54.6including wood chips, paper, pulp, oriented strand board, laminated strand lumber,
54.7hardboard, treated lumber, untreated lumber, or barrel staves, by the most direct route to the
54.8nearest highway that has been designated under section 169.832, subdivision 11, may be
54.9operated on any highway with gross weights permitted under sections 169.822 to 169.829
54.10without regard to load restrictions imposed on that highway, except that the vehicles must:
54.11    (1) comply with seasonal load restrictions in effect between the dates set by the
54.12commissioner under section 169.87, subdivision 2;
54.13    (2) comply with bridge load limits posted under section 169.84;
54.14    (3) be equipped and operated with six axles and brakes on all wheels;
54.15    (4) not exceed 90,000 pounds gross weight, or 98,000 99,000 pounds gross weight
54.16during the time when seasonal increases are authorized under section 169.826;
54.17    (5) not be operated on interstate and defense highways;
54.18    (6) obtain an annual permit from the commissioner of transportation;
54.19    (7) obey all road postings; and
54.20    (8) not exceed 20,000 pounds gross weight on any single axle.
54.21    (b) A vehicle operated under this section may exceed the legal axle weight limits
54.22listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may
54.23be exceeded by not more than 22.5 percent during the time when seasonal increases are
54.24authorized under section 169.826, subdivision 1.

54.25    Sec. 11. Minnesota Statutes 2006, section 169.828, subdivision 2, is amended to read:
54.26    Subd. 2. Variable load axle. A vehicle or combination of vehicles equipped with
54.27one or more variable load axles shall have the pressure control preset so that the weight
54.28carried on the variable load axle may not be varied by the operator during transport of
54.29any load. The actuating control for the axle shall function only as an on-and-off switch,
54.30and must be located outside of the passenger compartment of the vehicle. The provisions
54.31of this subdivision do not apply to any farm truck registered prior to July 1, 1981, under
54.32section 168.013, subdivision 1c, for 57,000 pounds or less. This subdivision does not
54.33apply to rear-loading refuse-compactor vehicles, except that any refuse-compactor vehicle
54.34having a tridem rear axle must comply with this subdivision before being issued a special
54.35permit under section 169.86, subdivision 5, paragraph (h).

55.1    Sec. 12. Minnesota Statutes 2006, section 169.86, subdivision 1a, is amended to read:
55.2    Subd. 1a. Seasonal permits for certain haulers. The commissioner of
55.3transportation, upon application in writing therefor, may issue special permits annually
55.4to any hauler authorizing the hauler to move vehicles or combinations of vehicles with
55.5weights exceeding by not more than ten percent the weight limitations contained in
55.6sections 169.822 to 169.829, on interstate highways during the times and within the zones
55.7specified in sections 169.822 to 169.829 by the commissioner for winter weight increases
55.8under section 169.826, subdivision 1.

55.9    Sec. 13. Minnesota Statutes 2006, section 169.86, subdivision 5, is amended to read:
55.10    Subd. 5. Fee; proceeds deposited; appropriation. The commissioner, with respect
55.11to highways under the commissioner's jurisdiction, may charge a fee for each permit
55.12issued. All such fees for permits issued by the commissioner of transportation shall be
55.13deposited in the state treasury and credited to the trunk highway fund. Except for those
55.14annual permits for which the permit fees are specified elsewhere in this chapter, the fees
55.15shall be:
55.16    (a) $15 for each single trip permit.
55.17    (b) $36 for each job permit. A job permit may be issued for like loads carried on
55.18a specific route for a period not to exceed two months. "Like loads" means loads of the
55.19same product, weight, and dimension.
55.20    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
55.21months. Annual permits may be issued for:
55.22    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
55.23or well-being of the public;
55.24    (2) motor vehicles which travel on interstate highways and carry loads authorized
55.25under subdivision 1a;
55.26    (3) motor vehicles operating with gross weights authorized under section 169.826,
55.27subdivision 1a
;
55.28    (4) special pulpwood vehicles described in section 169.863;
55.29    (5) (4) motor vehicles bearing snowplow blades not exceeding ten feet in width; and
55.30    (6) (5) noncommercial transportation of a boat by the owner or user of the boat.
55.31    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
55.32consecutive months. Annual permits may be issued for:
55.33    (1) mobile cranes;
55.34    (2) construction equipment, machinery, and supplies;
55.35    (3) manufactured homes and manufactured storage buildings;
56.1    (4) implements of husbandry when the movement is not made according to the
56.2provisions of paragraph (i);
56.3    (5) double-deck buses;
56.4    (6) commercial boat hauling; and
56.5    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
56.6for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
56.7the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
56.8only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
56.9paragraph (c).
56.10    (e) For vehicles which have axle weights exceeding the weight limitations of
56.11sections 169.822 to 169.829, an additional cost added to the fees listed above. However,
56.12this paragraph applies to any vehicle described in section 168.013, subdivision 3,
56.13paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
56.14that paragraph, and then the additional cost is for all weight, including the allowance
56.15weight, in excess of the permitted maximum axle weight. The additional cost is equal
56.16to the product of the distance traveled times the sum of the overweight axle group cost
56.17factors shown in the following chart:
56.18Overweight Axle Group Cost Factors
56.19
56.20
Weight
(pounds)
Cost Per Mile For Each Group Of:
56.21
56.22
56.23
56.24
56.25
56.26
56.27
56.28
56.29
56.30
exceeding
weight
limitations on
axles
Two or
more
consecutive
axles
spaced
within 8
feet or
less
Three
consecutive
axles
spaced
within
more than
8 feet but
less than
9 feet or
less
Four
consecutive
axles spaced
within 14
feet or less
56.31
0-2,000
.12
.05
.04
56.32
2,001-4,000
.14
.06
.05
56.33
4,001-6,000
.18
.07
.06
56.34
6,001-8,000
.21
.09
.07
56.35
8,001-10,000
.26
.10
.08
56.36
10,001-12,000
.30
.12
.09
56.37
56.38
12,001-14,000
Not
permitted
.14
.11
56.39
56.40
14,001-16,000
Not
permitted
.17
.12
56.41
56.42
16,001-18,000
Not
permitted
.19
.15
57.1
57.2
18,001-20,000
Not
permitted
Not
permitted
.16
57.3
57.4
20,001-22,000
Not
permitted
Not
permitted
.20
57.5The amounts added are rounded to the nearest cent for each axle or axle group. The
57.6additional cost does not apply to paragraph (c), clauses (1) and (3).
57.7For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
57.8fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
57.9in addition to the normal permit fee. Miles must be calculated based on the distance
57.10already traveled in the state plus the distance from the point of detection to a transportation
57.11loading site or unloading site within the state or to the point of exit from the state.
57.12    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
57.13or oversize and overweight, construction equipment, machinery, and supplies. The fees
57.14for the permit are as follows:
57.15
Gross Weight (pounds) of Vehicle
Annual Permit Fee
57.16
90,000
or less
$200
57.17
90,001
- 100,000
$300
57.18
100,001
- 110,000
$400
57.19
110,001
- 120,000
$500
57.20
120,001
- 130,000
$600
57.21
130,001
- 140,000
$700
57.22
140,001
- 145,000
$800
57.23If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
57.24under paragraph (e).
57.25    (g) For vehicles which exceed the width limitations set forth in section 169.80 by
57.26more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
57.27when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
57.28in effect.
57.29    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
57.30refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
57.31a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
57.32subdivision 2
, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
57.33pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
57.34pounds.
57.35    (i) For vehicles exclusively transporting implements of husbandry, an annual permit
57.36fee of $24. A vehicle operated under a permit authorized by this paragraph may be moved
57.37at the discretion of the permit holder without prior route approval by the commissioner if:
57.38    (1) the total width of the transporting vehicle, including load, does not exceed 14 feet;
58.1    (2) the vehicle is operated only between sunrise and 30 minutes after sunset, and is
58.2not operated at any time after 12:00 noon on Sundays or holidays;
58.3    (3) the vehicle is not operated when visibility is impaired by weather, fog, or other
58.4conditions that render persons and other vehicles not clearly visible at 500 feet;
58.5    (4) the vehicle displays at the front and rear of the load or vehicle a pair of flashing
58.6amber lights, as provided in section 169.59, subdivision 4, whenever the overall width of
58.7the vehicle exceeds 126 inches; and
58.8    (5) the vehicle is not operated on a trunk highway with a surfaced roadway width of
58.9less than 24 feet unless such operation is authorized by the permit.
58.10A permit under this paragraph authorizes movements of the permitted vehicle on an
58.11interstate highway, and movements of 75 miles or more on other highways.
58.12    (j) $300 for a motor vehicle described in section 169.8261. The fee under this
58.13paragraph must be deposited as follows:
58.14    (1) in fiscal years 2005 through 2010:
58.15    (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
58.16for costs related to administering the permit program and inspecting and posting bridges;
58.17    (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
58.18and signing account in the special revenue fund. Money in the account is appropriated
58.19to the commissioner for:
58.20    (A) inspection of local bridges and identification of local bridges to be posted,
58.21including contracting with a consultant for some or all of these functions; and
58.22    (B) erection of weight-posting signs on local bridges; and
58.23    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
58.24fund.
58.25    (k) Beginning August 1, 2006, $200 $300 for an annual permit for a vehicle
58.26operating under authority of section 169.824, subdivision 2, paragraph (a), clause (2).

58.27    Sec. 14. [169.865] EXTENDED WEIGHT LIMIT PERMITS.
58.28    Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit
58.29authorizing a vehicle or combination of vehicles with a total of six axles to be operated
58.30with a gross vehicle weight of up to:
58.31    (1) 90,000 pounds; and
58.32    (2) 99,000 pounds during the period set by the commissioner under section 169.826,
58.33subdivision 1.
58.34    (b) Notwithstanding subdivision 4, paragraph (a), clause (3), a vehicle or
58.35combination of vehicles operated under this subdivision and transporting only sealed
59.1intermodal containers may be operated on an interstate highway if allowed by the United
59.2States Department of Transportation.
59.3    (c) The fee for a permit issued under this subdivision is $300.
59.4    Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit
59.5authorizing a vehicle or combination of vehicles with a total of seven axles to be operated
59.6with a gross vehicle weight of up to:
59.7    (1) 97,000 pounds; and
59.8    (2) 99,000 pounds during the period set by the commissioner under section 169.826,
59.9subdivision 1.
59.10    (b) Drivers of vehicles operating under this subdivision must comply with driver
59.11qualification requirements adopted under section 221.0314, subdivisions 2 to 5.
59.12    (c) The fee for a permit issued under this subdivision is $500.
59.13    Subd. 3. Single unit vehicles. (a) A road authority may issue an annual permit
59.14authorizing a single unit vehicle with a total of seven axles up to 45 feet in length to be
59.15operated with a gross vehicle weight of up to:
59.16    (1) 80,000 pounds; and
59.17    (2) 88,000 pounds during the period set by the commissioner under section 169.826,
59.18subdivisions 1 and 1a.
59.19    (b) Drivers of vehicles operating under this subdivision must comply with driver
59.20qualification requirements adopted under section 221.0314, subdivisions 2 to 5.
59.21    (c) The fee for a permit issued under this subdivision is $300.
59.22    Subd. 4. Requirements; restrictions. (a) A vehicle or combination of vehicles
59.23operating under this section:
59.24    (1) is subject to axle weight limitations under section 169.824, subdivision 1;
59.25    (2) is subject to seasonal load restrictions under section 169.87;
59.26    (3) is subject to bridge load limits posted under section 169.84;
59.27    (4) may only be operated on trunk highways other than interstate highways, and on
59.28local roads designated under section 169.832, subdivision 11;
59.29    (5) may not be operated with loads that exceed the manufacturer's gross vehicle
59.30weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating
59.31complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7;
59.32    (6) must be issued a permit from each road authority having jurisdiction over a road
59.33on which the vehicle is operated, if required;
59.34    (7) must comply with the requirements of section 169.851, subdivision 4; and
59.35    (8) must have brakes on all wheels.
60.1    (b) The percentage allowances for exceeding gross weights if transporting unfinished
60.2forest products under section 168.013 subdivision 3, paragraph (b), or for the first haul of
60.3unprocessed or raw farm products or unfinished forest products under section 168.013,
60.4subdivision 3, paragraph (d), clause (3), do not apply to a vehicle or combination of
60.5vehicles operated under this section.
60.6    Subd. 5. Deposit of revenues; appropriation. (a) Revenue from the permits issued
60.7under this section must be deposited:
60.8    (1) in fiscal years 2007 through 2010, in the bridge inspection and signing account
60.9in the special revenue fund; and
60.10    (2) in fiscal year 2011 and subsequent years, in the trunk highway fund.
60.11    (b) The revenue in the bridge inspection and signing account under this section is
60.12annually appropriated to the commissioner for:
60.13    (1) inspection of local bridges and identification of local bridges to be posted,
60.14including contracting with a consultant for some or all of these functions; and
60.15    (2) erection of weight posting signs on local bridges.

60.16    Sec. 15. Minnesota Statutes 2006, section 169.87, subdivision 4, is amended to read:
60.17    Subd. 4. Vehicle transporting milk. Until June 1, 2007, A weight restriction
60.18imposed under subdivision 1 by the commissioner of transportation or a local road
60.19authority, or imposed by subdivision 2, does not apply to a vehicle transporting milk from
60.20the point of production to the point of first processing if, at the time the weight restriction
60.21is exceeded, the vehicle is carrying milk loaded at only one point of production. This
60.22subdivision does not authorize a vehicle described in this subdivision to exceed a weight
60.23restriction of five tons per axle by more than two tons per axle.
60.24EFFECTIVE DATE.This section is effective the day following final enactment.

60.25ARTICLE 6
60.26COMMERCIAL MOTOR VEHICLES

60.27    Section 1. [160.2721] COMMERCIAL VEHICLE DRIVERS AT REST AREAS.
60.28    (a) The commissioner shall allow a commercial motor vehicle operator who is
60.29subject to hours of service regulations under Code of Federal Regulations, title 49, part
60.30395, to stop and park continuously, for a period of up to ten hours as necessary to comply
60.31with the hours of service regulations, at any Department of Transportation safety rest area
60.32or travel information center that has parking stalls designed to accommodate a commercial
60.33motor vehicle, as defined in section 169.01, subdivision 75.
61.1    (b) Any clause or provision in a lease or other agreement for the operation of a
61.2Department of Transportation safety rest area or travel information center that purports to
61.3limit the requirements under paragraph (a) is void and without effect.
61.4EFFECTIVE DATE.This section is effective the day following final enactment.

61.5    Sec. 2. Minnesota Statutes 2006, section 168.013, subdivision 1e, is amended to read:
61.6    Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
61.7except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
61.8combinations except those defined as farm combinations, and on commercial zone
61.9vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
61.10base rate schedule prescribed in this subdivision, but in no event less than $120.
61.11Minnesota Base Rate Schedule
61.12Scheduled taxes include five percent
61.13surtax provided for in subdivision 14
61.14
TOTAL GROSS WEIGHT
61.15
IN POUNDS
TAX
61.16
A
0
-
1,500
$ 15
61.17
B
1,501
-
3,000
20
61.18
C
3,001
-
4,500
25
61.19
D
4,501
-
6,000
35
61.20
E
6,001
-
9,000 10,000
45
61.21
F
9,001 10,001
-
12,000
70
61.22
G
12,001
-
15,000
105
61.23
H
15,001
-
18,000
145
61.24
I
18,001
-
21,000
190
61.25
J
21,001
-
26,000
270
61.26
K
26,001
-
33,000
360
61.27
L
33,001
-
39,000
475
61.28
M
39,001
-
45,000
595
61.29
N
45,001
-
51,000
715
61.30
O
51,001
-
57,000
865
61.31
P
57,001
-
63,000
1015
61.32
Q
63,001
-
69,000
1185
61.33
R
69,001
-
73,280
1325
61.34
S
73,281
-
78,000
1595
61.35
T
78,001
-
81,00080,000
1760
61.36    (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
61.37axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
62.1    (c) For each vehicle with a gross weight in excess of 81,000 80,000 pounds an
62.2additional tax of $50 is imposed for each ton or fraction thereof in excess of 81,000
62.380,000 pounds, subject to subdivision 12.
62.4    (d) For purposes of registration identification, for vehicles registered in the "O"
62.5category, the owner must declare at the time of registration whether the vehicle will carry
62.6a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
62.7use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
62.8weight sticker must be issued and the owner is restricted to a gross vehicle weight of
62.9less than 55,000 pounds.
62.10    (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
62.11shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
62.12combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
62.13applicant proposes to combine with the truck-tractor.
62.14    (e) (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
62.15combinations which are:
62.16    (1) used by an authorized local cartage carrier operating under a permit issued
62.17under section 221.296 and whose gross transportation revenue consists of at least 60
62.18percent obtained solely from local cartage carriage, and are operated solely within an area
62.19composed of two contiguous cities of the first class and municipalities contiguous thereto
62.20as defined by section 221.011, subdivision 17; or
62.21    (2) operated by an interstate carrier registered under section 221.60, or by an
62.22authorized local cartage carrier or other carrier receiving operating authority under chapter
62.23221, and operated solely within a zone exempt from regulation pursuant to United States
62.24Code, title 49, section 13506.
62.25    (f) (g) The license plates issued for commercial zone vehicles shall be plainly
62.26marked. A person operating a commercial zone vehicle outside the zone or area in
62.27which its operation is authorized is guilty of a misdemeanor and, in addition to the
62.28misdemeanorpenalty therefor, the registrar shall have revoke the registration of the vehicle
62.29as a commercial zone vehicle revoked by the registrar and shall be required to reregister
62.30require that the vehicle be registered at 100 percent of the full annual tax prescribed in the
62.31Minnesota base rate schedule, and no part of this tax shall may be refunded during the
62.32balance of the registration year.
62.33    (g) (h) On commercial zone trucks the tax shall be based on the total gross weight of
62.34the vehicle and during each of the first eight years of vehicle life shall be is 75 percent of
62.35the Minnesota base rate schedule. During the ninth and succeeding years of vehicle life
62.36the tax shall be is 50 percent of the Minnesota base rate schedule.
63.1    (h) (i) On trucks, truck-tractors and semitrailer combinations, except those defined
63.2as farm trucks and farm combinations, and except for those commercial zone vehicles
63.3specifically provided for in this subdivision, the tax for each of the first eight years of
63.4vehicle life shall be is 100 percent of the tax imposed in the Minnesota base rate schedule,
63.5and during the ninth and succeeding years of vehicle life, the tax shall be is 75 percent
63.6of the Minnesota base rate prescribed by this subdivision.
63.7    (i) (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
63.8combination are semitrailers.

63.9    Sec. 3. Minnesota Statutes 2006, section 169.781, is amended to read:
63.10169.781 ANNUAL COMMERCIAL VEHICLE INSPECTION; INSPECTORS,
63.11FEE, PENALTY.
63.12    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783:
63.13    (a) "Commercial motor vehicle":
63.14    (1) means a motor vehicle or combination of motor vehicles used to transport
63.15passengers or property if the motor vehicle:
63.16    (1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
63.17paragraph (a); and (i) has a gross vehicle weight of more than 26,000 pounds;
63.18    (2) each (ii) is a vehicle in a combination of more than 26,000 pounds.;
63.19    (iii) is a bus; or
63.20    (iv) is of any size and is used in the transportation of hazardous materials that are
63.21required to be placarded under Code of Federal Regulations, title 49, parts 100-185; and
63.22"Commercial motor vehicle"
63.23    (2) does not include (1) (i) a school bus or Head Start bus displaying a certificate
63.24under section 169.451, (2) or (ii) a bus operated by the Metropolitan Council or by a local
63.25transit commission created in chapter 458A, or (3) a motor vehicle that is required to be
63.26placarded under Code of Federal Regulations, title 49, parts 100-185.
63.27    (b) "Commissioner" means the commissioner of public safety.
63.28    (c) "Owner" means a person who owns, or has control, under a lease of more than 30
63.29days' duration, of one or more commercial motor vehicles.
63.30    (d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
63.31property at a location not on a street or highway, (2) does not contain any load when
63.32moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
63.33on each side of the semitrailer "storage only" in letters at least six inches high.
63.34    (e) "Building mover vehicle" means a vehicle owned or leased by a building mover
63.35as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
63.36moving buildings.
64.1    Subd. 2. Inspection required. (a) It is unlawful for a person to operate or permit
64.2the operation of:
64.3    (1) a commercial motor vehicle registered in Minnesota; or
64.4    (2) special mobile equipment as defined in section 168.011, subdivision 22, and
64.5which is self-propelled, if it is mounted on a commercial motor vehicle chassis,
64.6unless the in violation of the requirements of paragraph (b).
64.7    (b) A vehicle displays described in paragraph (a):
64.8    (1) must display a valid safety inspection decal issued by an inspector certified by
64.9the commissioner, or the vehicle carries (1); or
64.10    (2) must carry (i) proof that the vehicle complies with federal motor vehicle
64.11inspection requirements for vehicles in interstate commerce, and (2) (ii) a certificate of
64.12compliance with federal requirements issued by the commissioner under subdivision 9.
64.13    Subd. 3. Inspector certification; suspension and revocation; hearing. (a) An
64.14inspection required by this section may be performed only by:
64.15    (1) an employee of the Department of Public Safety or Transportation who has
64.16been certified by the commissioner after having received training provided by the State
64.17Patrol; or
64.18    (2) another person who has been certified by the commissioner after having received
64.19training provided by the State Patrol or other training approved by the commissioner.
64.20    (b) A person who is not an employee of the Department of Public Safety or
64.21Transportation may be certified by the commissioner if the person is:
64.22    (1) an owner, or employee of the owner, of one or more commercial motor vehicles
64.23that are power units;
64.24    (2) a dealer licensed under section 168.27 and engaged in the business of buying and
64.25selling commercial motor vehicles, or an employee of the dealer; or
64.26    (3) engaged in the business of repairing and servicing commercial motor vehicles.; or
64.27    (4) employed by a governmental agency that owns commercial vehicles.
64.28    (c) Certification of persons described in paragraph (b), clauses (1) to (3) (4), is
64.29effective for two years from the date of certification. The commissioner may require
64.30biennial retraining of persons holding a certificate under paragraph (b) as a condition of
64.31renewal of the certificate. The commissioner may charge a fee of not more than $10
64.32for each certificate issued and renewed. A certified person described in paragraph (b),
64.33clauses (1) to (3) (4), may charge a reasonable fee for each inspection of a vehicle not
64.34owned by the person or the person's employer.
64.35    (d) Except as otherwise provided in subdivision 5, the standards adopted by the
64.36commissioner for commercial motor vehicle inspections under sections 169.781 to
65.1169.783 shall must be the standards prescribed in Code of Federal Regulations, title 49,
65.2section 396.17, and in chapter III, subchapter B, appendix G.
65.3    (e) The commissioner may classify types of vehicles for inspection purposes and
65.4may issue separate classes of inspector certificates for each class. The commissioner shall
65.5issue separate categories of inspector certificates based on the following classifications:
65.6    (1) a class of certificate that authorizes the certificate holder to inspect commercial
65.7motor vehicles without regard to ownership or lease; and
65.8    (2) a class of certificate that authorizes the certificate holder to inspect only
65.9commercial motor vehicles the certificate holder owns or leases.
65.10The commissioner shall issue a certificate described in clause (1) only to a person
65.11described in paragraph (b), clause (2) or (3).
65.12    (f) The commissioner, after notice and an opportunity for a hearing, may suspend a
65.13certificate issued under paragraph (b) for failure to meet annual certification requirements
65.14prescribed by the commissioner or failure to inspect commercial motor vehicles in
65.15accordance with inspection procedures established by the State Patrol. The commissioner
65.16shall revoke a certificate issued under paragraph (b) if the commissioner determines after
65.17notice and an opportunity for a hearing that the certified person issued an inspection decal
65.18for a commercial motor vehicle when the person knew or reasonably should have known
65.19that the vehicle was in such a state of repair that it would have been declared out of service
65.20if inspected by an employee of the State Patrol. Suspension and revocation of certificates
65.21under this subdivision are not subject to sections 14.57 to 14.69.
65.22    Subd. 4. Inspection report. (a) A person performing an inspection under this
65.23section shall issue an inspection report to the owner of the commercial motor vehicle
65.24inspected. The report must include:
65.25    (1) the full name of the person performing the inspection, and the person's inspector
65.26certification number;
65.27    (2) the name of the owner of the vehicle and, if applicable, the United States
65.28Department of Transportation carrier number issued to the owner of the vehicle, or to the
65.29operator of the vehicle if other than the owner;
65.30    (3) the vehicle identification number and, if applicable, the license plate number
65.31of the vehicle;
65.32    (4) the date and location of the inspection;
65.33    (5) the vehicle components inspected and a description of the findings of the
65.34inspection, including identification of the components not in compliance with federal
65.35motor carrier safety regulations; and
66.1    (6) the inspector's certification that the inspection was complete, accurate, and in
66.2compliance with the requirements of this section.
66.3    (b) The owner must retain a copy of the inspection report for at least 14 months at a
66.4location in the state where the vehicle is domiciled or maintained. The inspector must
66.5maintain a copy of the inspection report for a period of 14 months following the inspection
66.6in a location in the state where the inspector conducts business. During this period the
66.7report must be available for inspection by an authorized federal, state, or local official.
66.8    (c) The commissioner shall prescribe the form of the inspection report and revise it
66.9as necessary to comply with state and federal law and regulations. The adoption of the
66.10report form is not subject to the Administrative Procedure Act.
66.11    Subd. 5. Inspection decal. (a) A person inspecting a commercial motor vehicle
66.12shall issue an inspection decal for the vehicle if each inspected component of the vehicle
66.13complies with federal motor carrier safety regulations. The decal must state that in the
66.14month specified on the decal the vehicle was inspected and each inspected component
66.15complied with federal motor carrier safety regulations. The decal is valid for 12
66.16months after the month specified on the decal. The commissioners of public safety and
66.17transportation shall make decals available, at a fee of not more than $2 for each decal,
66.18to persons certified to perform inspections under subdivision 3, paragraph (b). Decals
66.19are issued to inspectors by serial number and are not transferable unless approved by
66.20the commissioner.
66.21    (b) Minnesota inspection decals may be affixed only to:
66.22    (1) commercial motor vehicles bearing Minnesota-based license plates; or
66.23    (2) special mobile equipment, within the meaning of subdivision 2, clause (2).
66.24    (c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less
66.25than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage
66.26semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle
66.27unless the vehicle has one or more defects that would result in the vehicle being declared
66.28out of service under the North American Uniform Driver, Vehicle, and Hazardous
66.29Materials Out-of-Service Criteria issued by the Federal Highway Administration and the
66.30Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1),
66.31(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle
66.32must clearly indicate that it is valid for two years from the date of issuance.
66.33    (d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered
66.34as a farm truck, (2) is not operated more than 75 miles from the owner's home post office,
66.35and (3) was manufactured before 1979 that has a dual transmission system, is not required
67.1to comply with a requirement in an inspection standard that requires that the service brake
67.2system and parking brake system be separate systems in the motor vehicle.
67.3    Subd. 6. Record review; random inspection; audit. Employees of the State Patrol
67.4and motor transportation representatives of the Department of Transportation may review
67.5records required to be kept under subdivision 4, paragraph (b), and conduct random
67.6vehicle inspections and audits at the facility of an owner of a commercial motor vehicle.
67.7    Subd. 7. Disposition of revenues. The commissioner shall pay all revenues received
67.8under this section to the commissioner of finance for deposit in the trunk highway fund.
67.9    Subd. 8. Violation; misdemeanor. A violation of this section is a misdemeanor.
67.10    Subd. 9. Proof of federal inspection. An owner of a commercial motor vehicle
67.11that is subject to and in compliance with federal motor vehicle inspection requirements
67.12for vehicles in interstate commerce may apply to the commissioner for a certificate
67.13of compliance with federal requirements. On payment of a fee equal to the fee for an
67.14inspection decal under subdivision 5, paragraph (a), the commissioner shall issue the
67.15certificate to the applicant. This subdivision only applies to Minnesota-licensed vehicles
67.16that are not housed or maintained in Minnesota.
67.17    Subd. 10. Exemption. This section does not apply to a vehicle operated by a motor
67.18carrier of passengers, as defined in section 221.011, subdivision 48, if the vehicle has
67.19been inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within
67.20the previous 12 months.

67.21    Sec. 4. Minnesota Statutes 2006, section 169.782, subdivision 1, is amended to read:
67.22    Subdivision 1. Driver; daily inspection report. (a) The driver of a commercial
67.23motor vehicle shall report in writing at the completion of each day's work on each
67.24commercial motor vehicle the driver has operated. A person who owns one or more
67.25commercial motor vehicles and who employs drivers for those commercial motor vehicles
67.26must require each driver to submit a written report as required in by this section. The
67.27report must cover the following parts and accessories: service brakes, including trailer and
67.28semitrailer brake connections; parking (hand) brake; steering mechanism; lighting devices
67.29and reflectors; tires; horn; windshield wiper or wipers; rear vision mirror or mirrors;
67.30coupling devices; wheels and rims; and emergency equipment.
67.31    (b) The report must identify the vehicle and list any defect or deficiency discovered
67.32by or reported to the driver that would affect the safe operation of the vehicle or result in
67.33its mechanical breakdown. If no defect or deficiency is discovered by or reported to the
67.34driver, the report must so indicate. The driver must sign the report after completing it. In
67.35the case of a commercial motor vehicle operated by two drivers, the signature of one of
68.1the drivers satisfies the requirements of this subdivision if both drivers agree concerning
68.2the defects or deficiencies. If a driver operates more than one commercial motor vehicle
68.3during a day's work, a report must be prepared for each vehicle operated.
68.4    (c) Before operating or allowing the operation of a commercial motor vehicle on
68.5which a report has been prepared under this subdivision, the owner of the vehicle or
68.6the owner's agent must repair defects or deficiencies listed on the report that would be
68.7sufficient under inspection procedures established by the State Patrol to require the vehicle
68.8to be declared out of service likely affect the safe operation of the vehicle. Before allowing
68.9the commercial motor vehicle to be operated again, the owner or the owner's agent must
68.10certify, on the report listing the defect or deficiency, that the defect or deficiency has
68.11been corrected or that correction is unnecessary. A motor carrier must keep the original
68.12vehicle inspection report for at least three months after the date of inspection. The report
68.13must be available for inspection by an authorized federal, state, or local official at any
68.14time during this period.
68.15    (d) A copy of the vehicle inspection report, including a certification of corrections
68.16resulting from the report, must be carried in the commercial motor vehicle, or in the power
68.17unit of a commercial motor vehicle combination, at all times when the vehicle or power
68.18unit is operated until the next inspection report is completed under this subdivision. The
68.19copy must be made available on demand to: (1) a peace officer;, (2) a person authorized
68.20under section 221.221;, and (3) a person described in section 299D.06.

68.21    Sec. 5. Minnesota Statutes 2006, section 169.783, subdivision 1, is amended to read:
68.22    Subdivision 1. Postcrash inspection. (a) A peace officer responding to an accident
68.23involving a commercial motor vehicle must immediately notify the State Patrol if the
68.24accident results in death, personal injury, or property damage to an apparent extent of
68.25more than $4,400.:
68.26    (1) a fatality;
68.27    (2) bodily injury to a person who, as a result of the injury, immediately receives
68.28medical treatment away from the scene of the accident; or
68.29    (3) one or more motor vehicles incurring disabling damage as a result of the
68.30accident, requiring the motor vehicles to be transported away from the scene by tow
68.31truck or other motor vehicle.
68.32     (b) It is a misdemeanor for a person to drive or cause to be driven a commercial
68.33motor vehicle after such an accident unless the vehicle:
68.34    (1) has been inspected by a state trooper or other person authorized to conduct
68.35inspections under section 169.781, subdivision 3, paragraph (a), who is an employee of
69.1the Department of Public Safety or Transportation, and the person inspecting the vehicle
69.2has determined that the vehicle may safely be operated; or
69.3    (2) a waiver has been granted under subdivision 2.

69.4    Sec. 6. Minnesota Statutes 2006, section 221.031, subdivision 6, is amended to read:
69.5    Subd. 6. Vehicle identification rule. (a) The following carriers shall display the
69.6carrier's name and address on the power unit of each vehicle:
69.7    (1) motor carriers, regardless of the weight of the vehicle, except that this
69.8requirement does not apply to a limousine as defined in section 168.011, subdivision 35,
69.9that is equipped with "LM" license plates;
69.10    (2) interstate and intrastate private carriers operating vehicles with a gross vehicle
69.11weight of more than 10,000 pounds; and
69.12    (3) vehicles providing transportation described in section 221.025 with a gross
69.13vehicle weight of more than 10,000 pounds except those providing transportation
69.14described in section 221.025, clauses (1), (3), and (4).
69.15Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees
69.16and have four or fewer axles are not required to comply with the vehicle identification
69.17rule of the commissioner.
69.18    (b) Vehicles subject to this subdivision must show the name or "doing business as"
69.19name of the carrier operating the vehicle and the community and abbreviation of the state
69.20in which the carrier maintains its principal office or in which the vehicle is customarily
69.21based. If the carrier operates a leased vehicle, it may show its name and the name of the
69.22lessor on the vehicle, if the lease relationship is clearly shown. If the name of a person
69.23other than the operating carrier appears on the vehicle, the words "operated by" must
69.24immediately precede the name of the carrier.
69.25    (c) The name and address must be in letters that contrast sharply in color with the
69.26background, be readily legible during daylight hours from a distance of 50 feet while
69.27the vehicle is stationary, and be maintained in a manner that retains the legibility of the
69.28markings. The name and address may be shown by use of a removable device if that
69.29device meets the identification and legibility requirements of this subdivision.

69.30    Sec. 7. Minnesota Statutes 2006, section 221.0314, subdivision 9, is amended to read:
69.31    Subd. 9. Hours of service of driver. Code of Federal Regulations, title 49, part
69.32395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (l),
69.33(m), and (n) of section 395.1 and section 395.13 of that part are not incorporated. In
69.34addition, cross-references to sections or paragraphs not incorporated in this subdivision
69.35are not incorporated by reference. The requirements of Code of Federal Regulations, title
69.3649, part 395, do not apply to drivers of lightweight vehicles.

70.1    Sec. 8. Minnesota Statutes 2006, section 221.0314, is amended by adding a subdivision
70.2to read:
70.3    Subd. 12. Hazardous materials safety permits. A person who transports the
70.4hazardous materials designated in Code of Federal Regulations, title 49, section 385.403,
70.5shall comply with this section and with the provisions of Code of Federal Regulations,
70.6title 49, part 385, subpart E, which is incorporated by reference.

70.7    Sec. 9. Minnesota Statutes 2006, section 221.033, subdivision 2d, is amended to read:
70.8    Subd. 2d. Age of driver under federal materials-of-trade regulation. A driver
70.9of a self-propelled or towed motor vehicle transporting no hazardous material other than
70.10materials of trade, as defined in Code of Federal Regulations, title 49, section 171.8, when
70.11engaged in intrastate transportation, must be at least 18 years of age. This subdivision
70.12does not apply unless the transportation conforms to the requirements of Code of Federal
70.13Regulations, title 49, section 173.6.

70.14    Sec. 10. Minnesota Statutes 2006, section 221.037, subdivision 1, is amended to read:
70.15    Subdivision 1. Required to provide information. A person who generates, stores,
70.16treats, transports, disposes of, or otherwise handles or has handled hazardous materials,
70.17hazardous substances, or hazardous waste shall (1) give to transportation representatives
70.18and hazardous material specialists of the department information relating to the materials,
70.19substances, or waste, or (2) permit them access to and copying of records and safety
70.20permits relating to any or all of the materials, substances, or waste, or both.

70.21    Sec. 11. Minnesota Statutes 2006, section 221.141, subdivision 1, is amended to read:
70.22    Subdivision 1. Financial responsibility of carriers. (a) No motor carrier and no
70.23interstate carrier shall operate a vehicle until it has obtained and has in effect the minimum
70.24amount of financial responsibility required by this section. Policies of insurance, surety
70.25bonds, other types of security, and endorsements must be continuously in effect and must
70.26remain in effect until canceled. Before providing transportation, the motor carrier or
70.27interstate carrier shall secure and cause to be filed with the commissioner and maintain in
70.28full effect, a certificate of insurance in a form required by the commissioner, evidencing
70.29public liability insurance in the amount prescribed. The insurance must cover injuries and
70.30damage to persons or property resulting from the operation or use of motor vehicles,
70.31regardless of whether each vehicle is specifically described in the policy. This insurance
70.32does not apply to injuries or death to the employees of the motor carrier or to property
70.33being transported by the carrier.
71.1    (b) Notwithstanding any other provision of this chapter, the insurance required of
71.2a motor carrier of passengers must be at least that amount required of interstate carriers
71.3under Code of Federal Regulations, title 49, section 387.33, as amended.
71.4    (c) This section does not apply to a charitable organization exempt from taxation
71.5under section 501(c)(3) of the Internal Revenue Code when the transportation furthers
71.6the charitable organization's charitable mission. The charitable organization must comply
71.7with the insurance requirements of section 65B.48.

71.8    Sec. 12. Minnesota Statutes 2006, section 221.231, is amended to read:
71.9221.231 RECIPROCAL AGREEMENT.
71.10    The commissioner may enter into reciprocal agreements with the regulatory bodies
71.11of other states and the provinces of the Dominion of Canada, whereby the payment of the
71.12fees provided in section 221.60 may be waived in whole or in part for regarding motor
71.13carriers having an established place of business in that state or province; provided that
71.14reciprocal privileges are extended under the agreement to motor carriers of this state.

71.15    Sec. 13. Minnesota Statutes 2006, section 221.60, subdivision 1, is amended to read:
71.16    Subdivision 1. Procedure. A motor carrier may transport persons or property for
71.17hire in interstate commerce in Minnesota only if it first:
71.18    (1) complies with section 221.141;
71.19    (2) either registers with the commissioner the federal operating authority that it
71.20intends to exercise, or registers and describes the transportation it performs under an
71.21exemption contained in United States Code, title 49; and
71.22    (3) purchases an interstate identification stamp or an interstate registration trip
71.23permit for each vehicle to be used in interstate transportation in Minnesota the Unified
71.24Carrier Registration Agreement authorized by United States Code, title 49, section
71.2514504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal
71.26regulations adopted thereunder.

71.27    Sec. 14. Minnesota Statutes 2006, section 221.60, is amended by adding a subdivision
71.28to read:
71.29    Subd. 7. Commissioner's authority. The commissioner of transportation shall
71.30take all necessary actions to enter into the Unified Carrier Registration Agreement when
71.31it becomes effective. The commissioner shall implement and administer United States
71.32Code, title 49, section 14504a, and the regulations adopted thereunder.

71.33    Sec. 15. REPEALER.
71.34Minnesota Statutes 2006, sections 221.60, subdivisions 2, 3, 3a, 4, 5, and 6; 221.601;
71.35and 221.602, are repealed.

72.1ARTICLE 7
72.2HOUSEHOLD GOODS MOVERS

72.3    Section 1. Minnesota Statutes 2006, section 221.011, is amended by adding a
72.4subdivision to read:
72.5    Subd. 50. Household goods mover. (a) "Household goods mover" means a motor
72.6carrier who engages in for-hire transportation service for moving household goods and
72.7offers the services of:
72.8    (1) binding and nonbinding estimates;
72.9    (2) inventorying;
72.10    (3) protective packing and unpacking of individual items at a personal residence; or
72.11    (4) loading and unloading at a personal residence.
72.12    (b) Household goods mover does not include a carrier transporting property from a
72.13factory or store to a personal residence.

72.14    Sec. 2. [221.0253] HOUSEHOLD GOODS MOVERS; REGISTRATION.
72.15    Subdivision 1. Definition. For purposes of this section, "registrant" means a person
72.16applying for a certificate of registration as a household goods mover under this section.
72.17    Subd. 2. Registration required. No person may engage in the for-hire
72.18transportation of household goods in Minnesota unless the person has been issued a
72.19certificate of registration by the commissioner.
72.20    Subd. 3. Registration statement. A registrant shall file a complete and accurate
72.21registration statement with the commissioner. A registration statement must be on a form
72.22provided by the commissioner and include:
72.23    (1) the registrant's name, including an assumed or fictitious name used by the
72.24registrant in doing business;
72.25    (2) the registrant's mailing address and business telephone number;
72.26    (3) the registrant's federal employer identification number, Minnesota business
72.27identification number, and the identification number, if any, assigned to the registrant by
72.28the United States Department of Transportation;
72.29    (4) the name, title, and telephone number of the individual who is principally
72.30responsible for the operation of the registrant's transportation business;
72.31    (5) the principal location from which the registrant conducts its transportation
72.32business and where the records required by this chapter will be kept;
72.33    (6) if different from clause (5), the location in Minnesota where the records required
72.34by this chapter will be available for inspection and copying by the commissioner;
72.35    (7) whether the registrant's business is a corporation, partnership, limited liability
72.36partnership, limited liability company, sole proprietorship, or other legal form;
73.1    (8) if the registrant is a foreign corporation authorized to transact business in
73.2Minnesota, the state of incorporation and the name and address of its registered agent; and
73.3    (9) a record of each initial background check as required under subdivision 4.
73.4    Subd. 4. Background check; denial of registration. (a) The registrant shall
73.5conduct, or cause to be conducted, an initial background check of any person employed by
73.6the registrant, or with whom the registrant contracts, whose duties include operating a
73.7vehicle used to transport household goods.
73.8    (b) Sections 299C.67; 299C.68, subdivisions 2 to 5; and 299C.71 apply to
73.9background checks conducted under this subdivision. For purposes of this subdivision,
73.10when used in sections 299C.67, 299C.68, and 299C.71, the term "owner" refers to the
73.11registrant and the term "manager" refers to a driver.
73.12    (c) The commissioner may deny registration to any registrant who employs a driver
73.13that the background check response shows has been convicted of a background check
73.14crime, as defined in section 299C.67, subdivision 2, paragraph (a) or (b).
73.15    (d) The registrant shall conduct, or cause to be conducted, a subsequent background
73.16check every three years. The registrant shall keep a record, identified by the employee's
73.17name, of a background check conducted under this section. A record must be made
73.18available to the commissioner upon request.
73.19    (e) This subdivision does not apply to a driver who holds a valid driver's license
73.20with a school bus endorsement.
73.21    Subd. 5. Signature required. A corporate officer, general partner, or sole proprietor
73.22must sign the registration statement and the vehicle and insurance statement.
73.23    Subd. 6. Fee. An initial fee of $200 must be paid at the time of filing the registration
73.24statement. It must be paid into the state treasury and credited to the trunk highway fund.
73.25    Subd. 7. Certificate of registration; issuance. (a) The commissioner shall issue a
73.26certificate of registration to a registrant who does not have an unsatisfactory safety rating
73.27and has met the requirements of this section.
73.28    (b) A certificate of registration must be numbered and bear an effective date.
73.29    (c) A certificate of registration must be kept at the registrant's principal place of
73.30business.
73.31    Subd. 8. Compliance with other laws. A household goods mover shall comply
73.32with sections 169.781 and 221.141.
73.33    Subd. 9. Duration. A certificate of registration is valid for for-hire transportation
73.34of household goods throughout Minnesota, is not assignable or transferable, and is valid
73.35until it is suspended, revoked, or canceled.
74.1    Subd. 10. Obligation to keep information current. A registrant shall notify the
74.2commissioner in writing of any change in the information described in subdivision 3.
74.3    Subd. 11. Suspension and cancellation of registration. The commissioner
74.4shall suspend or cancel, following the procedures for suspension or cancellation in
74.5section 221.185, the registration of a household goods mover who fails to file with the
74.6commissioner or maintain the insurance or bond required under section 221.141. A person
74.7may not engage in the for-hire transportation of household goods in Minnesota while the
74.8person's registration is under suspension or cancellation under this subdivision.

74.9    Sec. 3. [221.027] HOUSEHOLD GOODS MOVERS; CONSUMER
74.10PROTECTION.
74.11    Subdivision 1. Arbitration, price estimates, relinquishment of possession to
74.12consumers. Code of Federal Regulations, title 49, sections 375.209; 375.211; 375.401
74.13through 375.409; 375.503; 375.505; 376.603; and 375.703 are incorporated by reference
74.14and apply to household goods movers.
74.15    Subd. 2. Investigation. The attorney general shall investigate violations of laws
74.16by household goods movers, including but not limited to violations relating to operation
74.17without registration, misrepresentations, deceptive trade practices, theft, the provisions of
74.18subdivision 1, and other crimes.
74.19    Subd. 3. Contact information. A household goods mover shall include contact
74.20information for the Department of Transportation and the attorney general on all bills of
74.21lading and estimates required under subdivision 1.

74.22    Sec. 4. [221.028] HOUSEHOLD GOODS MOVERS; EXPIRATION AND
74.23CONVERSION OF PERMITS.
74.24    Subdivision 1. Expiration of permits. Any permit issued by the commissioner
74.25before August 1, 2007, that authorizes for-hire transportation of household goods in
74.26Minnesota, is only valid through February 29, 2008.
74.27    Subd. 2. Conversion to registration. A holder of a permit issued by the
74.28commissioner before August 1, 2007, that authorizes for-hire transportation of household
74.29goods in Minnesota, who wishes to continue as a household goods mover, shall meet the
74.30requirements of section 221.0253, before March 1, 2008. The commissioner shall not
74.31require a criminal background check under section 221.0253, subdivision 4, and shall not
74.32charge a registration fee under section 221.0253, subdivision 6.

74.33ARTICLE 8
74.34REPEAL OF OBSOLETE PERMITS AND CONFORMING CHANGES

74.35    Section 1. Minnesota Statutes 2006, section 174.64, subdivision 2, is amended to read:
75.1    Subd. 2. Specific functions and powers. (a) To the extent allowed under federal
75.2law or regulation, the commissioner shall further hold hearings and issue orders in cases
75.3brought on the commissioner's own motion or by a third party in the following areas:
75.4    (1) adequacy of services that carriers are providing to the public, including the
75.5continuation, termination, or modification of services and facilities;
75.6    (2) reasonableness of tariffs of rates, fares, and charges, or a part or classification
75.7of a tariff; and
75.8    (3) issuing permits.
75.9    (b) For purposes of paragraph (a), clause (2), the commissioner may authorize
75.10common carriers by rail and motor carriers for hire to file tariffs of rates, fares, and
75.11charges individually or by group. Carriers participating in group ratemaking have the free
75.12and unrestrained right to take independent action either before or after a determination
75.13arrived at through that procedure.

75.14    Sec. 2. Minnesota Statutes 2006, section 174.64, subdivision 4, is amended to read:
75.15    Subd. 4. Petition, notice, and hearing. (a) With respect to those matters within
75.16the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all
75.17petitions filed with the commissioner in accordance with the procedures established by law
75.18and may hold hearings and make determinations upon the commissioner's own motion to
75.19the same extent, and in every instance, in which the commissioner may do so upon petition.
75.20    (b) Upon receiving a petition filed pursuant to section 221.121, subdivision 1, or
75.21221.151, the commissioner shall give notice of the filing of the petition to representatives
75.22of associations or other interested groups or persons who have registered their names
75.23with the commissioner for that purpose and to whomever the commissioner deems to be
75.24interested in the petition. The commissioner may grant or deny the request of the petition
75.2530 days after notice of the filing has been fully given.
75.26    (c) If the commissioner receives a written objection and notice of intent to appear at
75.27a hearing to object to the petition from any person within 20 days of the notice having been
75.28fully given, the request of the petition must be granted or denied only after a contested
75.29case hearing has been conducted on the petition, unless the objection is withdrawn before
75.30the hearing. The commissioner may elect to hold a contested case hearing if no objections
75.31to the petition are received. If a timely objection is not received, or if received and
75.32withdrawn, and the request of the petition is denied without hearing, the petitioner may
75.33request within 30 days of receiving the notice of denial, and must be granted, a contested
75.34case hearing on the petition.

75.35    Sec. 3. Minnesota Statutes 2006, section 174.66, is amended to read:
75.36174.66 CONTINUATION OF CARRIER RULES.
76.1    (a) Orders and directives in force, issued, or promulgated under authority of chapters
76.2174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
76.3modified, or superseded by duly authorized orders or directives of the commissioner of
76.4transportation. To the extent allowed under federal law or regulation, rules adopted under
76.5authority of the following sections are transferred to the commissioner of transportation
76.6and continue in force and effect until repealed, modified, or superseded by duly authorized
76.7rules of the commissioner:
76.8    (1) section 218.041 except rules related to the form and manner of filing railroad
76.9rates, railroad accounting rules, and safety rules;
76.10    (2) section 219.40; and
76.11    (3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
76.12or certificates of convenience and necessity under section 221.031, subdivision 1;.
76.13    (4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
76.14in a corporation holding authority to operate as a permit carrier as prescribed in section
76.15221.151, subdivision 1;
76.16    (5) rules relating to rates, charges, and practices under section 221.161, subdivision
76.174
; and
76.18    (6) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits
76.19under sections 221.121 and 221.151.
76.20    (b) The commissioner shall review the transferred rules, orders, and directives and,
76.21when appropriate, develop and adopt new rules, orders, or directives.

76.22    Sec. 4. Minnesota Statutes 2006, section 221.011, subdivision 8, is amended to read:
76.23    Subd. 8. Permit. "Permit" means the license, or franchise, which may be issued to
76.24motor carriers other than regular route common carriers of passengers, class I common
76.25carriers, and petroleum carriers, and household goods movers under the provisions of this
76.26chapter, authorizing the use of the highways of Minnesota for transportation for hire.

76.27    Sec. 5. Minnesota Statutes 2006, section 221.025, is amended to read:
76.28221.025 EXEMPTIONS.
76.29    The provisions of this chapter requiring a certificate or permit to operate as a motor
76.30carrier do not apply to the intrastate transportation described below:
76.31    (1) the transportation of students to or from school or school activities in a school
76.32bus inspected and certified under section 169.451 and the transportation of children or
76.33parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
76.34and certified under section 169.451;
77.1    (2) the transportation of solid waste, as defined in section 116.06, subdivision 22,
77.2including recyclable materials and waste tires, except that the term "hazardous waste" has
77.3the meaning given it in section 221.011, subdivision 31;
77.4    (3) a commuter van as defined in section 221.011, subdivision 27;
77.5    (4) authorized emergency vehicles as defined in section 169.01, subdivision 5,
77.6including ambulances; and tow trucks equipped with proper and legal warning devices
77.7when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
77.8towed or transported under a towing order issued by a public employee authorized to
77.9issue a towing order;
77.10    (5) the transportation of grain samples under conditions prescribed by the
77.11commissioner;
77.12    (6) the delivery of agricultural lime;
77.13    (7) the transportation of dirt and sod within an area having a 50-mile radius from the
77.14home post office of the person performing the transportation;
77.15    (8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
77.16concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
77.17crushed rock to or from the point of loading or a place of gathering within an area having a
77.1850-mile radius from that person's home post office or a 50-mile radius from the site of
77.19construction or maintenance of public roads and streets;
77.20    (9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
77.21evergreens, wood chips, sawdust, shavings, and bark from the place where the products
77.22are produced to the point where they are to be used or shipped;
77.23    (10) the transportation of fresh vegetables from farms to canneries or viner stations,
77.24from viner stations to canneries, or from canneries to canneries during the harvesting,
77.25canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
77.26field of production to the first place of delivery or unloading, including a processing
77.27plant, warehouse, or railroad siding;
77.28    (11) the transportation of property or freight, other than household goods and
77.29petroleum products in bulk, entirely within the corporate limits of a city or between
77.30contiguous cities except as provided in section 221.296;
77.31    (12) the transportation of unprocessed dairy products in bulk within an area having a
77.32100-mile radius from the home post office of the person providing the transportation;
77.33    (13) the transportation of agricultural, horticultural, dairy, livestock, or other farm
77.34products within an area having a 100-mile radius from the person's home post office and
77.35the carrier may transport other commodities within the 100-mile radius if the destination
77.36of each haul is a farm;
78.1    (14) the transportation of newspapers, as defined in section 331A.01, subdivision
78.25
, telephone books, handbills, circulars, or pamphlets in a vehicle with a gross vehicle
78.3weight of 10,000 pounds or less; and
78.4    (15) transportation of potatoes from the field of production, or a storage site owned
78.5or otherwise controlled by the producer, to the first place of processing.
78.6The exemptions provided in this section apply to a person only while the person is
78.7exclusively engaged in exempt transportation.

78.8    Sec. 6. Minnesota Statutes 2006, section 221.026, is amended to read:
78.9221.026 MOTOR CARRIER OF PROPERTY; EXEMPTIONS.
78.10    Subdivision 1. Registration. No person may engage in the for-hire transportation
78.11of property, other than household goods, in Minnesota unless the person has filed a
78.12registration statement with the commissioner on a form the commissioner prescribes.
78.13    Subd. 2. Exemptions from requirements. Notwithstanding any other law, a motor
78.14carrier of property is exempt from sections 221.021; 221.072; 221.121; 221.122; 221.123;
78.15221.131 ; 221.132; 221.151; 221.161; 221.172, subdivisions 3 to 8; and 221.185, except as
78.16provided in subdivision 4; and 221.296. The exemptions in this subdivision do not apply
78.17to a motor carrier of property while transporting household goods.
78.18    Subd. 3. Safety regulations. A motor carrier of property is subject to those federal
78.19regulations incorporated by reference in section 221.0314, unless exempted from those
78.20regulations by section 221.031.
78.21    Subd. 4. Suspension and cancellation of registration. The commissioner
78.22shall suspend or cancel, following the procedures for suspension or cancellation in
78.23section 221.185, the registration of a motor carrier of property who fails to file with the
78.24commissioner or maintain the insurance or bond required under section 221.141. A person
78.25may not engage in the for-hire transportation of property, other than household goods,
78.26in Minnesota while the person's registration is under suspension or cancellation under
78.27this subdivision.
78.28    Subd. 5. Local regulation. Section 221.091 applies to registration statements under
78.29this section to the same extent that it applies to certificates and permits issued by the board.

78.30    Sec. 7. Minnesota Statutes 2006, section 221.031, subdivision 1, is amended to read:
78.31    Subdivision 1. Powers, duties, reports, limitations. (a) This subdivision applies to
78.32motor carriers engaged in intrastate commerce.
78.33    (b) The commissioner shall prescribe rules for the operation of motor carriers,
78.34including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
78.35of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
79.1qualifications; accident reporting; identification of vehicles; installation of safety devices;
79.2inspection, repair, and maintenance; and proper automatic speed regulators if, in the
79.3opinion of the commissioner, there is a need for the rules.
79.4    (c) The commissioner shall direct the repair and reconstruction or replacement of
79.5an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
79.6the construction and maintenance or furnishing of suitable and proper freight terminals,
79.7passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
79.8at a point on the highway traversed which the commissioner, after investigation by the
79.9department, may deem just and proper for the protection of passengers or property.
79.10    (d) The commissioner shall require holders of household goods mover permits to file
79.11annual and other reports including annual accounts of motor carriers, schedules of rates
79.12and charges, or other data by motor carriers, regulate motor carriers in matters affecting
79.13the relationship between them and the traveling and shipping public, and prescribe other
79.14rules as may be necessary to carry out the provisions of this chapter.
79.15    (e) A motor carrier subject to paragraph (d) but having gross revenues from for-hire
79.16transportation in a calendar year of less than $200,000 may, at the discretion of the
79.17commissioner, be exempted from the filing of an annual report, if instead the motor carrier
79.18files an abbreviated annual report, in a form as may be prescribed by the commissioner,
79.19attesting that the motor carrier's gross revenues did not exceed $200,000 in the previous
79.20calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes
79.21of this subdivision only, do not include gross revenues received from the operation of
79.22school buses as defined in section 169.01, subdivision 6.
79.23    (f) The commissioner shall enforce sections 169.781 to 169.783.

79.24    Sec. 8. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:
79.25    Subdivision 1. Order. The commissioner may issue an order requiring violations
79.26to be corrected and administratively assessing monetary penalties for a violation of (1)
79.27section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4) section
79.28221.171; (5) section 221.141; or (6) (4) rules of the commissioner relating to the
79.29transportation of hazardous waste, motor carrier operations, or insurance, or tariffs and
79.30accounting. An order must be issued as provided in this section.

79.31    Sec. 9. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:
79.32    Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an
79.33order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
79.34221.151; or 221.171, or rules of the commissioner relating to motor carrier operations,
79.35insurance, or tariffs and accounting, identified under subdivision 1, except for rules of the
80.1commissioner relating to the transportation of hazardous waste or as otherwise provided
80.2under paragraph (b), identified during a single inspection, audit, or investigation.
80.3    (b) The commissioner may issue an order assessing a penalty up to a maximum of
80.4$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
80.5inspection or audit.
80.6    (c) In determining the amount of a penalty, the commissioner shall consider:
80.7    (1) the willfulness of the violation;
80.8    (2) the gravity of the violation, including damage to humans, animals, air, water,
80.9land, or other natural resources of the state;
80.10    (3) the history of past violations, including the similarity of the most recent violation
80.11and the violation to be penalized, the time elapsed since the last violation, the number of
80.12previous violations, and the response of the person to the most recent violation identified;
80.13    (4) the economic benefit gained by the person by allowing or committing the
80.14violation; and
80.15    (5) other factors as justice may require, if the commissioner specifically identifies
80.16the additional factors in the commissioner's order.
80.17    (d) The commissioner shall assess a penalty of not less than $1,000 against a driver
80.18who is convicted of a violation of an out-of-service order. The commissioner shall assess
80.19a penalty of not more than $10,000 against an employer who knowingly allows or requires
80.20an employee to operate a commercial motor vehicle in violation of an out-of-service order.

80.21    Sec. 10. Minnesota Statutes 2006, section 221.131, is amended to read:
80.22221.131 CARRIER ANNUAL VEHICLE REGISTRATION; FEES,
80.23IDENTIFICATION CARD FOR MOTOR CARRIERS OF PASSENGERS.
80.24    Subdivision 1. Permit Registration renewal. Permits Certificates of registration
80.25issued under section 221.121 to a motor carrier of passengers under section 221.0252 are
80.26effective for a 12-month period. A permit certificate of registration holder must renew the
80.27permit certificate annually by registration of the vehicles operated under authority of that
80.28permit as required by subdivision 2 certificate. A permit certificate holder has one annual
80.29renewal date encompassing all of the permits certificates held by the holder.
80.30    Subd. 2. Annual vehicle registration; fee. (a) This subdivision applies only to
80.31holders of household goods mover permits and motor carriers of passengers.
80.32    (b) A permit holder or motor carrier of passengers shall pay an annual registration
80.33fee of $75 on each vehicle, including pickup and delivery vehicles, operated by the carrier
80.34under authority of the permit or certificate of registration during the 12-month period or
80.35fraction of the 12-month period. Trailers and semitrailers used by a permit certificate
81.1holder in combination with power units may not be counted as vehicles in the computation
81.2of fees under this section if the permit holder pays the fees for power units.
81.3    (c) (b) The commissioner shall furnish a distinguishing annual identification card for
81.4each vehicle or power unit for which a fee has been paid. The identification card must
81.5at all times be carried in the vehicle or power unit to which it has been assigned. An
81.6identification card may be reassigned to another vehicle or power unit upon application
81.7of the carrier and payment of a transfer fee of $10. An identification card issued under
81.8this section is valid only for the period for which the permit or certificate of registration is
81.9effective.
81.10    (d) (c) A fee of $10 is charged for the replacement of an unexpired identification
81.11card that has been lost.
81.12    (e) (d) The proceeds of the fees collected under this subdivision must be deposited in
81.13the trunk highway fund.
81.14    Subd. 2a. Vehicle identification. The permit holder must be identified on the
81.15power unit of each registered vehicle operated under the permit. Vehicles must show the
81.16name or the "doing business as" name of the permit holder operating the vehicle and
81.17the community and abbreviation of the state in which the permit holder maintains its
81.18principal office or in which the vehicle is customarily based. If the permit holder operates
81.19a leased vehicle, it may show its name and the name of the lessor on the vehicle, if the
81.20lease relationship is clearly shown. If the name of a person other than the operating permit
81.21holder appears on the vehicle, the words "operated by" must immediately precede the
81.22name of the permit holder. The name and address must be in letters that contrast sharply in
81.23color with the background, be readily legible during daylight hours from a distance of 50
81.24feet while the vehicle is stationary, and be maintained in a manner that retains the legibility
81.25of the markings. The name and address may be shown by use of a removable device if that
81.26device meets the identification and legibility requirements of this subdivision.
81.27    Subd. 3. Certificate carrier; annual vehicle registration. Certificated passenger
81.28carriers shall pay an annual registration fee of $40 for each vehicle, including pickup
81.29and delivery vehicles, operated during a calendar year. The commissioner shall issue
81.30distinguishing identification cards as provided in subdivision 2.
81.31    Subd. 4. Floater card; fee. The department may issue to carriers subject to
81.32subdivision 2 or 3 special "floater" identification cards up to a maximum of five per motor
81.33carrier. Floater cards may be freely transferred between vehicles that have evidence of
81.34being inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within
81.35the previous 12 months, or have a current Commercial Vehicle Safety Alliance decal, and
82.1that are used under short-term leases by the motor carrier. The motor carrier shall pay a
82.2fee of $100 for each floater card issued.
82.3    Subd. 5. Limitation. The provisions of this section are limited by applicable
82.4federal law.

82.5    Sec. 11. Minnesota Statutes 2006, section 221.132, is amended to read:
82.6221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
82.7    For special or extraordinary events, the commissioner may issue a prepaid
82.8temporary vehicle identification card to a permit or certificate holder subject to section
82.9221.131, subdivision 2 or 3, for a fee of $5 per card. The card must be preprinted by the
82.10commissioner with the carrier's name, address, and permit or certificate number. The card
82.11may be used by the motor carrier to whom it is issued to identify a vehicle temporarily
82.12added to its fleet, if the vehicle has evidence of being inspected under section 221.0252,
82.13subdivision 3
, paragraph (a), clause (2), within the previous 12 months, or has a current
82.14Commercial Vehicle Safety Alliance decal. The card must be executed by the motor carrier
82.15by dating and signing the card and describing the vehicle in which it will be carried. The
82.16identification card is valid for a period of ten days from the date the motor carrier places
82.17on the card when the card is executed. The card must be used within one year from the
82.18date of issuance by the commissioner. The card may not be used if the permit or certificate
82.19is not in full force and effect. The card may not be transferred. The commissioner may not
82.20refund the cost of unused prepaid temporary vehicle identification cards.

82.21    Sec. 12. Minnesota Statutes 2006, section 221.141, subdivision 4, is amended to read:
82.22    Subd. 4. Household goods mover. A household goods mover shall maintain
82.23in effect cargo insurance or cargo bond in the amount of $50,000 and shall file with
82.24the commissioner a cargo certificate of insurance or cargo bond. A cargo certificate of
82.25insurance must conform to Form H, Uniform Motor Cargo Certificate of Insurance,
82.26described in Code of Federal Regulations, title 49, part 1023. A cargo bond must conform
82.27to Form J, described in Code of Federal Regulations, title 49, part 1023. Both Form H and
82.28Form J are incorporated by reference. The cargo certificate of insurance or cargo bond
82.29must be issued in the full and correct name of the person, corporation, or partnership to
82.30whom the household goods mover permit certificate of registration was issued and whose
82.31operations are being insured.

82.32    Sec. 13. Minnesota Statutes 2006, section 221.185, is amended to read:
82.33221.185 OPERATING AUTHORITY; SUSPENSION, CANCELLATION.
82.34    Subdivision 1. Grounds Order for suspension. Despite the provisions of section
82.35221.021 , a household goods mover permit or a motor carrier certificate of registration
83.1issued under section sections 221.0251 or, 221.0252, or 221.0253 is suspended without a
83.2hearing, by order of the commissioner, if the permit certificate holder or carrier fails to:
83.3    (1) maintain and file with the commissioner, the insurance or bond required by
83.4section 221.141 and rules adopted under that section or the carrier or permit holder fails to;
83.5    (2) pay annual vehicle registration fees or renew permits as required by section
83.6221.131 , or the permit holder or carrier fails to; or
83.7    (3) pay an administrative penalty under section 221.036.
83.8    Subd. 2. Notice of suspension. (a) Failure to file and maintain insurance, renew
83.9permits under section 221.131, or to pay annual vehicle registration fees or renew
83.10permits under section 221.131 or 221.296, or to maintain in good standing a protective
83.11agent's or private detective's license required under section 221.121, subdivision 6g, or
83.12221.153, subdivision 3, suspends a motor carrier's permit or certificate two days after the
83.13commissioner sends notice of the suspension by certified mail, return receipt requested, to
83.14the last known address of the motor carrier.
83.15    (b) In order to avoid permanent cancellation of the permit or certificate, the motor
83.16carrier must do one of the following within 45 days from the date of suspension:
83.17    (1) comply with the law by filing insurance or bond, renewing permits, or paying
83.18vehicle registration fees; or
83.19    (2) request a hearing before the commissioner regarding the failure to comply
83.20with the law.
83.21    Subd. 2a. Notice of suspension; effective date. The commissioner shall issue a
83.22notice of suspension if one of the conditions described in subdivision 1 occurs. The notice
83.23must give the reason for suspension and must be sent to the last known address of the
83.24carrier by certified mail, return receipt requested. A suspension is effective two days
83.25after a notice is mailed.
83.26    Subd. 3. Suspension rescission. If the motor carrier complies with the requirements
83.27of this chapter within 45 days after the date of suspension and pays the required fees,
83.28including a late vehicle registration fee of $5 for each vehicle registered, the commissioner
83.29shall rescind the suspension unless the carrier's registration has expired. If a registered
83.30carrier fails to comply within one year of the effective date of a suspension, the carrier's
83.31registration is canceled.
83.32    Subd. 3a. Hearing. If the motor carrier requests a hearing within 45 days after the
83.33date of suspension, the commissioner shall review the suspension and:
83.34    (1) determine that the carrier has complied with the law and rescind the suspension;
83.35    (2) for just cause, grant an extension which must not exceed 20 days; or
84.1    (3) schedule a hearing to ascertain whether the carrier has failed to comply with the
84.2law. If it is determined after the hearing that the carrier has failed to comply with the law,
84.3the commissioner shall cancel the carrier's suspended permit or certificate.
84.4    Subd. 4. Grounds for cancellation. Except as provided in subdivision 5a, failure to
84.5comply with the requirements of sections section 221.141 and 221.296 relating to bonds
84.6and insurance, 221.131 relating to permit renewal, 221.131 or 221.296 relating to annual
84.7vehicle registration or permit renewal, 221.121, subdivision 6g, or 221.153, subdivision 3,
84.8relating to protective agent or private detective licensure, or to request a hearing within 45
84.9days of the date of suspension, is deemed an abandonment of the motor carrier's permit or
84.10certificate and the permit or certificate must be canceled by the commissioner.
84.11    Subd. 5. Notice of cancellation. The commissioner shall notify the motor carrier by
84.12certified mail, return receipt requested, that the permit or certificate is canceled effective
84.13on the date of mailing the notice of cancellation.
84.14    Subd. 5a. Reinstatement after cancellation. A motor carrier whose permit or
84.15certificate is canceled for failure to comply with sections section 221.141 and 221.296
84.16relating to bonds and insurance may ask the commissioner to review the cancellation.
84.17Upon review, the commissioner shall rescind the cancellation if (1) the motor carrier
84.18presents evidence showing that before the effective date of the notice of cancellation
84.19issued under subdivision 5, the motor carrier had obtained and paid for the insurance
84.20required by sections section 221.141 and 221.296, and the rules of the commissioner, and
84.21(2) the commissioner is satisfied that the motor carrier has complied with the requirements
84.22of sections section 221.141 and 221.296 and the rules of the commissioner.
84.23    Subd. 9. New petition. If the holder of a canceled permit or certificate seeks
84.24authority to operate as a motor carrier it shall file a petition with the commissioner for a
84.25permit or certificate as provided in section 221.121 or 221.296, whichever is applicable.

84.26    Sec. 14. Minnesota Statutes 2006, section 221.221, subdivision 3, is amended to read:
84.27    Subd. 3. Delegated powers. Representatives of the department to whom authority
84.28has been delegated by the commissioner for the purpose of enforcing sections 169.781 to
84.29169.783 and 221.171 and the rules, orders, or directives of the commissioner adopted or
84.30issued under those sections, and for no other purpose, shall have the powers conferred
84.31by law upon police officers. The representatives of the department have the power to
84.32inspect records, logs, freight bills, bills of lading, or other documents, which may provide
84.33evidence to determine compliance with sections 169.781 to 169.783 and 221.171.

84.34    Sec. 15. Minnesota Statutes 2006, section 221.291, subdivision 4, is amended to read:
85.1    Subd. 4. Operating without registration or permit. A person who operates a
85.2motor carrier without first registering under section sections 221.0251 or, 221.0252, or
85.3who operates as a household goods mover without having obtained the necessary permit
85.4221.0253, is guilty of a misdemeanor, and upon conviction shall must be fined not less
85.5than the maximum fine which that may be imposed for a misdemeanor for each violation.

85.6    Sec. 16. REVISION OF RULES.
85.7    The commissioner of transportation shall repeal, amend, and adopt revisions to rules
85.8relating to household goods contained in Minnesota Rules, chapters 7800 and 7805, and
85.9may use the expedited process for adopting rules under Minnesota Statutes, section 14.389.

85.10    Sec. 17. INSTRUCTION TO REVISOR.
85.11    The revisor of statutes shall change the phrase "sections 221.011 to 221.296" to
85.12read "this chapter" where found in Minnesota Statutes, sections 221.021, subdivision
85.131; 221.022; and 221.091, subdivision 1.

85.14    Sec. 18. REPEALER.
85.15Minnesota Statutes 2006, sections 174.65; 221.011, subdivisions 24, 25, 28, 29, 38,
85.1641, 44, and 45; 221.0252, subdivision 7; 221.072; 221.111; 221.121, subdivisions 1,
85.172, 3, 4, 5, 6, 6a, 6c, 6d, 6e, 6f, and 7; 221.122; 221.123; 221.131, subdivisions 2a and
85.183; 221.141, subdivision 6; 221.151; 221.152; 221.153, subdivisions 1 and 2; 221.161;
85.19221.171; 221.172, subdivisions 3, 4, 5, 6, 7, and 8; and 221.296, subdivisions 3, 4, 5,
85.206, 7, and 8, are repealed.

85.21ARTICLE 9
85.22RAILROADS

85.23    Section 1. Minnesota Statutes 2006, section 218.041, subdivision 6, is amended to read:
85.24    Subd. 6. Investigative powers. In the exercise of powers granted in this chapter,
85.25the commissioner may:
85.26    (1) subpoena books, papers, or accounts kept by any regulated business within or
85.27without the state, or compel production of verified copies;
85.28    (2) prepare all forms or blanks for obtaining information that the commissioner
85.29may deem necessary or useful for the proper exercise of the authority and duties of the
85.30commissioner in connection with regulated businesses, and prescribe the time and manner
85.31within which the blanks and forms must be completed and filed;
85.32    (3) inspect, at all reasonable times, and copy the books, records, memoranda,
85.33correspondence, or other documents and records of any business under the commissioner's
85.34jurisdiction; and
86.1    (4) examine, under oath, any officer, agent, or employee of a business under the
86.2commissioner's jurisdiction concerning any matter within the commissioner's jurisdiction.;
86.3and
86.4    (5) assess common carriers, administer the state rail safety inspection account, and
86.5perform other duties on behalf of the state rail safety inspector under section 219.015.

86.6    Sec. 2. [219.015] STATE RAIL SAFETY INSPECTOR.
86.7    (a) The commissioner of transportation shall establish a position of state rail safety
86.8inspector in the Office of Freight and Commercial Vehicle Operations of the Minnesota
86.9Department of Transportation. The commissioner shall apply to the Federal Railroad
86.10Administration (FRA) of the United States Department of Transportation to participate
86.11in the Federal State Rail Safety Partnership Program for training and certification of
86.12an inspector under authority of United States Code, title 49, sections 20103, 20105,
86.1320106, and 20113, and Code of Federal Regulations, title 49, part 212. The state rail
86.14safety inspector shall inspect mainline track, secondary track, and yard and industry track;
86.15inspect railroad right-of-way, including adjacent or intersecting drainage, culverts, bridges,
86.16overhead structures, and traffic and other public crossings; inspect yards and physical
86.17plants; review and enforce safety requirements; review maintenance and repair records;
86.18and review railroad security measures. To the extent delegated by the commissioner, the
86.19inspector may issue citations for violations of this chapter, or to ensure railroad employee
86.20and public safety and welfare.
86.21    (b) The commissioner shall annually assess railroad companies that are (1) defined
86.22as common carriers under section 218.011, (2) classified by federal law or regulation as
86.23Class I Railroads or Class I Rail Carriers, and (3) operating in this state, by a division of
86.24equal proportion between carriers, assessed in equal amounts for 365 days of the calendar
86.25year. The commissioner shall assess all start-up or re-establishment costs, and all related
86.26costs of initiating the state rail safety inspector program beginning July 1, 2007. The state
86.27rail inspector duties must begin and be assessed on January 1, 2008. The assessments must
86.28be deposited in a special account in the special revenue fund, to be known as the state
86.29rail safety inspection account. Money in the account is appropriated to the commissioner
86.30and may be expended to cover the costs incurred for the establishment and ongoing
86.31responsibilities of the state rail safety inspector.
86.32    (c) The commissioner may exempt a common carrier not federally classified as
86.33Class I from violations for a period of up to two years if the common carrier applies for
86.34participation in a work site safety coaching program, such as the "MNSharp" program
86.35administered by the Minnesota Department of Labor and Industry, and the commissioner
86.36determines such participation to be preferred enforcement for safety or security violations.
87.1    (d) Any person aggrieved by an assessment levied under this section may appeal
87.2within 90 days any assessment, violation, or administrative penalty to the Office of
87.3Administrative Hearings, with further appeal and review by the district court.

87.4    Sec. 3. [219.371] DEFINITIONS.
87.5    Subdivision 1. Scope. The terms used in sections 219.371 to 219.382 have the
87.6meanings given them in this section and section 218.011.
87.7    Subd. 2. Inside edge of a walkway. "Inside edge of a walkway" means that edge of
87.8a walkway closest to the nearest rail of the track for which the walkway is constructed.
87.9    Subd. 3. Major repair. "Major repair" means a repair that normally requires
87.10greater than four hours of work to accomplish or involves the use of specialized tools and
87.11equipment. Major repairs include such activities as coupler replacement, draft gear repair,
87.12and repairs requiring the use of an air jack, but the term does not include changing wheels
87.13on intermodal loading ramps either with or without an air jack.
87.14    Subd. 4. Railroad shop or repair track. "Railroad shop" or "repair track" means
87.15a fixed repair facility or track that is regularly and consistently used to perform major
87.16repairs, regardless of whether a mobile repair vehicle is used to conduct the repairs.
87.17    Subd. 5. Structure. "Structure" means any bridge or trestle on which a railroad
87.18track is constructed.
87.19    Subd. 6. Walkway. "Walkway" means a pathway located alongside or in the
87.20vicinity of a railroad track for the purpose of providing an area for railroad employees
87.21to perform their normal trackside duties.
87.22    Subd. 7. Yard. "Yard" means a system of tracks other than main tracks and sidings
87.23used for making up trains, storing cars, and other purposes including the inspection,
87.24repair, and cleaning of cars.

87.25    Sec. 4. [219.372] WALKWAYS ON BRIDGES AND TRESTLES.
87.26    (a) Every railroad company shall construct and maintain, adjacent to at least one side
87.27of its tracks, walkways on all newly constructed or reconstructed bridges and trestles.
87.28    (b) Every railroad company shall construct and maintain, adjacent to at least one
87.29side of its tracks, walkways on all bridges and trestles designated by the commission
87.30after a hearing. Except as provided in paragraph (c), walkways must be located so that
87.31they will provide a minimum side clearance of eight feet from the center of the track to
87.32the outside edge of the walkway.
87.33    (c) Compliance with the eight-foot requirement referred to in paragraph (b) is
87.34waived with regard to all designated bridges and trestles that presently have minimum side
88.1clearances of less than eight feet if the railroad company is able to show to the satisfaction
88.2of the commissioner of transportation that compliance with the eight-foot requirement is
88.3structurally or economically unfeasible.
88.4    (d) All walkways must be kept free from obstacles that would render them unsafe or
88.5difficult to traverse on foot, except those facilities with minimum clearances prescribed
88.6by other sections of this chapter.
88.7    (e) Walkways must be equipped with a securely attached handrail located on the side
88.8of the walkway farthest from the track, except no handrails are required on through-girder
88.9structures. Handrails must be located so as to comply with the clearance standards in
88.10sections 219.45 to 219.53.
88.11    (f) Walkways on bridges and trestles must conform to the standards of width,
88.12surface, and vertical placement for walkways alongside track set forth in section 219.373,
88.13except that the inside edge of such a walkway may be placed closer than six feet from
88.14the nearest rail when necessary.
88.15    (g) This section does not apply to culverts.

88.16    Sec. 5. [219.373] WALKWAYS BY TRACK; GENERAL STANDARDS.
88.17    (a) Consistent with section 219.50, every railroad company shall provide a walkway
88.18alongside track that has a regular surface that is smooth and safe for use by railroad
88.19employees and other persons who have duties in proximity to trains. The walkway
88.20must be kept reasonably free of hazards and obstructions, including, but not limited to,
88.21debris, litter, fuel, oil, sand, boulders, posts, tie materials, holes, ruts, potholes, grains,
88.22grain products or byproducts, fertilizer products, chemical, chemical molten, steel, tin,
88.23metallic products, solid raw minerals, palletized products, silica products, materials
88.24spilled during revenue shipment, detached pieces or parts of railroad rolling stock or
88.25track structure, and vegetation.
88.26    (b) Except as otherwise provided in paragraph (g) or otherwise exempted by other
88.27law, a walkway alongside track that is required under sections 219.373 to 219.382 must be
88.28constructed and maintained in conformity to the standards in sections 219.373 to 219.383.
88.29    (c) A walkway alongside track that is required pursuant to sections 219.373 to
88.30219.382 must:
88.31    (1) provide a reasonably regular surface that is smooth and safe for use by railroad
88.32employees and other persons who have duties in proximity to trains;
88.33    (2) be surfaced with crushed material, asphaltic concrete, planking, or other material
88.34that does not compromise track drainage;
88.35    (3) unless the grade of the track is greater than one inch in eight inches, have a grade
88.36that is less than one inch in eight inches;
89.1    (4) if the walkway is alongside track with a curve greater than 18 degrees, be not
89.2less than one foot wider than otherwise required; and
89.3    (5) be kept reasonably free of hazards and obstructions listed in paragraph (a).
89.4    (d) Except as provided otherwise in this section or sections 219.374 to 219.379,
89.5walkways located along main-line tracks and tracks where switching is regularly
89.6performed more than twice in a seven-day period must be surfaced with crushed material
89.7not to exceed American Railway Engineering and Maintenance-of-Way Association
89.8(AREMA) standard number 4, 1-1/2 inches in size, or with asphalt, concrete, planking,
89.9grating, or similar material.
89.10    (e) Walkways located along switching lead tracks, switches in yards, car spotting
89.11areas, and railroad shop or repair tracks must be surfaced with crushed material not to
89.12exceed AREMA standard number 5, three-fourths to one inch in size, or with asphalt,
89.13concrete, planking, grating, or similar material.
89.14    (f) This section is temporarily suspended during periods of heavy rain or snow,
89.15derailments, rocks and earth slides, and similar abnormal periods and for a reasonable
89.16time thereafter to permit restoration work.
89.17    (g) Compliance with sections 219.372 to 219.379 is not a defense to any civil action
89.18brought for the violation of a railroad safety law, regulation, rule, or order.
89.19    (h) The commissioner, after investigation, upon the commissioner's own motion,
89.20or upon the petition of the aggrieved person, may determine that the safety of railroad
89.21employees requires implementation of the applicable standards set forth in paragraphs (b)
89.22to (e), for any walkway.

89.23    Sec. 6. [219.374] WALKWAYS BY MAIN-LINE TRACK.
89.24    Except as otherwise provided in section 219.375, 219.377, or 219.378, walkways
89.25alongside main-line track, in addition to the requirements of section 219.373, must:
89.26    (1) be present on each side of the track within two miles in either direction of a
89.27track-side train defect detector, with a total walkway length of not less than 300 feet at
89.28each inspection location;
89.29    (2) be not less than two feet in width; and
89.30    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
89.31to the outside edge of the walkway.

89.32    Sec. 7. [219.375] WALKWAYS BY TRACK AT SIDING LOCATIONS.
89.33    Walkways alongside main-line and branch-line track at siding locations, in addition
89.34to the requirements of section 219.373, must:
89.35    (1) be present:
89.36    (i) on the outside of the main-line or branch-line track; and
90.1    (ii) on the outside of the siding track;
90.2    (2) be not less than two feet in width; and
90.3    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
90.4to the outside edge of the walkway.

90.5    Sec. 8. [219.3755] WALKWAYS BY TRACKS WHERE TRAIN CREWS SHIFT.
90.6    Walkways alongside main-line and siding tracks at nonterminal locations that are
90.7frequently used as train crew relief for boarding and deboarding crews, in addition to
90.8the requirements of section 219.373, must:
90.9    (1) be present:
90.10    (i) on the outside of the main-line or branch-line track; and
90.11    (ii) on the outside of the siding track;
90.12    (2) be not less than two feet in width;
90.13    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
90.14to the outside edge of the walkway;
90.15    (4) be surfaced according to AREMA standard number 5 or with three-fourths inch
90.16to one inch crushed material, asphalt, concrete, planking, or other material that does not
90.17compromise track drainage; and
90.18    (5) run continuous from a road, walkway, or other right-of-way to 100 feet past the
90.19designated stopping point for the train or locomotive.

90.20    Sec. 9. [219.376] WALKWAYS BY TRACK IN YARDS, INDUSTRY
90.21TURNOUTS, AND SPOTTING AREAS.
90.22    Walkways alongside track in all yards and in advance thereof, wherever an
90.23employee's assigned duties regularly require the employee to be present on the ground in
90.24proximity to the track and, except as otherwise provided in section 219.377 or 219.378, in
90.25industry turnouts and spotting areas, in addition to the requirements of section 219.373,
90.26must:
90.27    (1) be present on each side of the track not less than 50 feet in advance of the turnout;
90.28    (2) be not less than two feet in width;
90.29    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
90.30to the outside edge of the walkway; and
90.31    (4) if the track is in a yard where substantial switching is performed, be:
90.32    (i) present between tracks;
90.33    (ii) present alongside tracks bordering the yard or switching area; and
90.34    (iii) if the tracks are 17 feet apart or less, continuous between the tracks.

91.1    Sec. 10. [219.377] WALKWAYS BY TRACK AT MAIN-LINE TURNOUTS
91.2ENTERING YARDS OR SERVING INDUSTRY TRACKS.
91.3    Except as otherwise provided in section 219.378 or 219.379, walkways alongside
91.4track at main-line turnouts entering yards or serving industry tracks, in addition to the
91.5requirements of section 219.373, must:
91.6    (1) be present on the switch stand side of the track from not less than 50 feet ahead
91.7of each switch stand to not less than 25 feet beyond the 12-1/2 feet clearance point
91.8behind the switch stand;
91.9    (2) if 20 feet or more from the switch stand, be not less than six feet in width;
91.10    (3) if less than 20 feet, but more than four feet from the switch stand:
91.11    (i) be not less than six feet in width;
91.12    (ii) have a straight outer edge; and
91.13    (iii) occupy a total area of not less than 120 square feet; and
91.14    (4) if less than four feet from the switch stand, be not less than three feet in width.

91.15    Sec. 11. [219.378] WALKWAYS BY MAIN-LINE TRACK AT TURNOUTS FOR
91.16SWITCHING CARS.
91.17    Walkways alongside main-line track at turnouts used frequently for switching cars,
91.18in addition to the requirements of sections 219.373 to 219.377, must:
91.19    (1) be present on the switch stand side of the track from not less than 125 feet
91.20ahead of the switch stand to not less than 25 feet beyond the 12-1/2 feet clearance point
91.21behind the switch stand;
91.22    (2) if 20 feet or more from the switch stand, be not less than six feet in width;
91.23    (3) if less than 20 feet, but more than four feet from the switch stand:
91.24    (i) be not less than six feet in width;
91.25    (ii) have a straight outer edge; and
91.26    (iii) occupy a total area of not less than 120 square feet; and
91.27    (4) if less than four feet from the switch stand, be not less than three feet in width.

91.28    Sec. 12. [219.379] WALKWAYS BY TRACK AT OTHER TURNOUTS.
91.29    Walkways alongside tracks at short-line and branch-line turnouts and, except as
91.30otherwise provided in section 219.378, at all power-operated turnouts, in addition to
91.31the requirements of section 219.373, must:
91.32    (1) be present on the switch stand side of the track from not less than 50 feet ahead
91.33of the switch stand to not less than the 12-1/2 feet clearance point behind the switch stand;
91.34    (2) if ten feet or more from the switch stand, be not less than five feet in width;
91.35    (3) if less than ten feet, but more than four feet from the switch stand:
91.36    (i) be not less than five feet in width;
92.1    (ii) have a straight outer edge; and
92.2    (iii) occupy a total area of not less than 39 square feet; and
92.3    (4) if four feet or less from the switch stand, be not less than three feet in width.

92.4    Sec. 13. [219.381] WALKWAY EXEMPTIONS.
92.5    Subdivision 1. Existing track. (a) Section 219.373, paragraphs (b) to (g), and
92.6sections 219.374 to 219.379 and 219.382 do not apply to track placed in revenue service
92.7before the effective date of this section until the date and time track and supporting
92.8structure are repaired, resurfaced, replaced, or as ordered by the commissioner of
92.9transportation pursuant to paragraph (b).
92.10    (b) The commissioner of transportation shall issue an order requiring the construction
92.11or maintenance of a walkway alongside track described in paragraph (a) on determining,
92.12after notice and hearing, that the construction or maintenance of a walkway alongside the
92.13track is necessary to eliminate an unsafe or hazardous condition.
92.14    Subd. 2. Small business. (a) Except as otherwise provided in paragraph (b), a small
92.15business that owns or operates any track in this state is exempt from sections 219.373 to
92.16219.382.
92.17    (b) On determining after notice and hearing that exempting a small business that
92.18owns or operates any track in this state pursuant to paragraph (a) poses an unreasonable
92.19threat of substantial harm to the public safety, the commissioner of transportation shall
92.20order that business to eliminate any unsafe walkway condition.
92.21    (c) As used in this section, "small business" has the meaning given it in section
92.22645.445.

92.23    Sec. 14. [219.382] LIABILITY.
92.24    Sections 219.371 to 219.379 do not preclude or preempt civil liability to an injured
92.25party under state or federal laws for failure to provide a reasonably safe walkway.

92.26    Sec. 15. SHORT TITLE.
92.27    This article may be cited as the "Railroad Walkways Safety Act."

92.28    Sec. 16. EFFECTIVE DATE.
92.29    This article is effective July 1, 2007.

92.30ARTICLE 10
92.31CONTRACTING

92.32    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
92.33subdivision to read:
92.34    Subd. 4a. Best value; construction. For purposes of construction, building,
92.35alteration, improvement, or repair services, "best value" describes the result determined by
93.1a procurement method that considers price and performance criteria, which may include,
93.2but are not limited to:
93.3    (1) the quality of the vendor's or contractor's performance on previous projects;
93.4    (2) the timeliness of the vendor's or contractor's performance on previous projects;
93.5    (3) the level of customer satisfaction with the vendor's or contractor's performance
93.6on previous projects;
93.7    (4) the vendor's or contractor's record of performing previous projects on budget and
93.8ability to minimize cost overruns;
93.9    (5) the vendor's or contractor's ability to minimize change orders;
93.10    (6) the vendor's or contractor's ability to prepare appropriate project plans;
93.11    (7) the vendor's or contractor's technical capacities;
93.12    (8) the individual qualifications of the contractor's key personnel; or
93.13    (9) the vendor's or contractor's ability to assess and minimize risks.
93.14    "Performance on previous projects" does not include the exercise or assertion of a
93.15person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
93.16and 16C.35.

93.17    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
93.18to read:
93.19    Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
93.20or a natural person, and includes both if the natural person is engaged in a business.

93.21    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
93.22    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
93.23and utilities needed by agencies. The commissioner shall acquire goods, services, and
93.24utilities by requests for bids, requests for proposals, reverse auctions as provided in
93.25section 16C.10, subdivision 7, or other methods provided by law, unless a section of law
93.26requires a particular method of acquisition to be used. The commissioner shall make all
93.27decisions regarding acquisition activities. The determination of the acquisition method
93.28and all decisions involved in the acquisition process, unless otherwise provided for by
93.29law, shall be based on best value which includes an evaluation of price and may include
93.30other considerations including, but not limited to, environmental considerations, quality,
93.31and vendor performance. A best value determination must be based on the evaluation
93.32criteria detailed in the solicitation document. If criteria other than price are used, the
93.33solicitation document must state the relative importance of price and other factors. Unless
93.34it is determined by the commissioner that an alternative solicitation method provided by
93.35law should be used to determine best value, a request for bid must be used to solicit
93.36formal responses for all building and construction contracts. Any or all responses may
94.1be rejected. When using the request for bid process, the bid must be awarded to the
94.2lowest responsive and responsible bidder, taking into consideration conformity with
94.3the specifications, terms of delivery, the purpose for which the contract or purchase is
94.4intended, the status and capability of the vendor, and other considerations imposed in the
94.5request for bids. The commissioner may decide which is the lowest responsible bidder
94.6for all purchases and may use the principles of life-cycle costing, where appropriate, in
94.7determining the lowest overall bid. The duties set forth in this subdivision are subject to
94.8delegation pursuant to this section.

94.9    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
94.10to read:
94.11    Subd. 3a. Acquisition authority; construction contracts. For all building and
94.12construction contracts, the commissioner shall award contracts pursuant to section 16C.28,
94.13and "best value" shall be defined and applied as set forth in sections 16C.02, subdivision
94.144a and 16C.28, subdivision 1, paragraph (a), clause (2). The duties set forth in this
94.15subdivision are subject to delegation pursuant to this section. The commissioner shall
94.16establish procedures for developing and awarding best value requests for proposals for
94.17construction projects. The criteria to be used to evaluate the proposals must be included in
94.18the solicitation document and must be evaluated in an open and competitive manner.

94.19    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
94.20to read:
94.21    Subd. 18. Training. Users of best value procurement may be trained in the
94.22request for proposals process for best value contracting for construction projects.
94.23The commissioner may establish a training program for state and local officials and
94.24employees, and vendors and contractors, on best value procurement for construction
94.25projects, including those governed by section 16C.02, subdivision 4a. If the commissioner
94.26establishes such a training program, the state may charge a fee for providing training.

94.27    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
94.2816C.26 COMPETITIVE BIDS OR PROPOSALS.
94.29    Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
94.3016C.26 and 16C.27, all contracts for building and construction or repairs must be based on
94.31competitive bids or proposals. "Competitive proposals" specifically refers to the method
94.32of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
94.33    Subd. 2. Requirement contracts. Standard requirement price contracts for building
94.34and construction must be established by competitive bids as provided in subdivision 1.
94.35The standard requirement price contracts may contain escalation clauses and may provide
95.1for a negotiated price increase or decrease based upon a demonstrable industrywide or
95.2regional increase or decrease in the vendor's costs or for the addition of similar products or
95.3replacement items not significant to the total value of existing contracts. The term of these
95.4contracts may not exceed five years including all extensions.
95.5    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
95.6expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
95.7notice in a manner designated by the commissioner. To the extent practical, this must
95.8include posting on a state Web site. For expenditures over $50,000, when a call for bids is
95.9issued the commissioner shall solicit sealed bids by providing notices to all prospective
95.10bidders known to the commissioner by posting notice on a state Web site at least seven
95.11days before the final date of submitting bids. All bids over $50,000 must be sealed when
95.12they are received and must be opened in public at the hour stated in the notice. All
95.13proposals responsive to a request for proposals according to section 16C.28, subdivision 1,
95.14paragraph (a), clause (2), shall be submitted and evaluated in the manner described in the
95.15request for proposals, regardless of the dollar amount. All original bids and proposals and
95.16all documents pertaining to the award of a contract must be retained and made a part of a
95.17permanent file or record and remain open to public inspection.
95.18    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
95.19may be used for building, construction, and repair contracts that are estimated at less than
95.20$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
95.21commissioner. Alternatively, a request for proposals may be issued according to section
95.2216C.28, subdivision 1, paragraph (a), clause (2), for such contracts.
95.23    Subd. 5. Standard specifications, security. Contracts must be based on the
95.24standard specifications prescribed and enforced by the commissioner under this chapter,
95.25unless otherwise expressly provided or as authorized under section 16C.28, subdivision 1,
95.26paragraph (a), clause (2). Each bidder for a contract vendor or contractor must furnish
95.27security approved by the commissioner to ensure the making of the contract being bid for.
95.28    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
95.29targeted group businesses designated under section 16C.16 when entering into contracts
95.30that are not subject to competitive bidding procedures.

95.31    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
95.32    Subdivision 1. Single source of supply. Competitive bidding is or proposals are not
95.33required for contracts clearly and legitimately limited to a single source of supply, and the
95.34contract price may be best established by direct negotiation.

95.35    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
96.116C.28 CONTRACTS; AWARD.
96.2    Subdivision 1. Lowest responsible bidder Award requirements. (a) All state
96.3building and construction contracts entered into by or under the supervision of the
96.4commissioner or an agency for which competitive bids or proposals are required must
96.5be awarded to the lowest responsible bidder, taking into consideration conformity with
96.6the specifications, terms of delivery, the purpose for which the contract is intended, the
96.7status and capability of the vendor, and other considerations imposed in the call for bids.
96.8The commissioner may decide which is the lowest responsible bidder for all contracts
96.9and may use the principles of life cycle costing, where appropriate, in determining the
96.10lowest overall bid. The head of the interested agency shall make the decision, subject
96.11to the approval of the commissioner. Any or all bids may be rejected. In a case where
96.12competitive bids are required and where all bids are rejected, new bids, if solicited, must
96.13be called for as in the first instance, unless otherwise provided by law. may be awarded to
96.14either of the following:
96.15    (1) the lowest responsible bidder, taking into consideration conformity with the
96.16specifications, terms of delivery, the purpose for which the contract is intended, the status
96.17and capability of the vendor or contractor, other considerations imposed in the call for
96.18bids, and, where appropriate, principles of life-cycle costing; or
96.19    (2) the vendor or contractor offering the best value, taking into account the
96.20specifications of the request for proposals, the price and performance criteria as set forth
96.21in section 16C.02, subdivision 4a, and described in the solicitation document.
96.22    (b) The vendor or contractor must secure bonding, commercial general insurance
96.23coverage, and workers' compensation insurance coverage under paragraph (a), clause
96.24(1) or (2). The commissioner shall determine whether to use the procurement process
96.25described in paragraph (a), clause (1), or the procurement process described in paragraph
96.26(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
96.27of the agency shall determine which vendor or contractor offers the best value, subject to
96.28the approval of the commissioner. Any or all bids or proposals may be rejected.
96.29    Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
96.30the inclusion of a best value contracting system for construction as an alternative to the
96.31current low-bid system of procurement. In order to accomplish that goal, state and local
96.32governmental entities shall be able to choose the best value system in different phases.
96.33    (b) "Best value" means the procurement method defined in section 16C.02,
96.34subdivision 4a.
97.1    (c) (1) The following entities are eligible to participate in phase I: state agencies;
97.2counties; cities and school districts with the highest 25 percent enrollment of students in
97.3the state. Phase I begins on the effective date of this section.
97.4    (2) The following entities are eligible to participate in phase II: those entities
97.5included in phase I; counties with populations over 100,000; and school districts with the
97.6highest 50 percent enrollment of students in the state. Phase II begins two years from
97.7the effective date of this section.
97.8    (3) The following entities are eligible to participate in phase III: all entities included
97.9in phases I and II; and all other counties, townships, school districts, and political
97.10subdivisions in the state. Phase III begins three years from the effective date of this section.
97.11    (4) The commissioner or any agency for which competitive bids or proposals are
97.12required may not use best value contracting as defined in section 16C.02, subdivision 4a,
97.13for more than one project annually, or 20 percent of its projects, whichever is greater, in
97.14each of the first three fiscal years in which best value construction contracting is used.
97.15    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
97.16any price contained in the bid which is used in determining the lowest responsible bid
97.17must be rejected unless the alteration or erasure is corrected in a manner that is clear and
97.18authenticated by an authorized representative of the responder. An alteration or erasure
97.19may be crossed out and the correction printed in ink or typewritten adjacent to it and
97.20initialed by an authorized representative of the responder.
97.21    Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
97.22of any bidder vendor or contractor who has failed to perform a previous contract with
97.23the state. In the case of identical low bids from two or more bidders, the commissioner
97.24may use negotiated procurement methods with the tied low bidders for that particular
97.25transaction so long as the price paid does not exceed the low tied bid price. The
97.26commissioner may award contracts to more than one bidder vendor or contractor in
97.27accordance with subdivision 1, if doing so does not decrease the service level or diminish
97.28the effect of competition.
97.29    Subd. 4. Record. A record must be kept of all bids or proposals, including names of
97.30bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
97.31open to public inspection, subject to section 13.591 and other applicable law.
97.32    Subd. 5. Preferences not cumulative. The preferences under sections 16B.121,
97.3316C.06, subdivision 7 , and 16C.16 apply, but are not cumulative. The total percentage
97.34of preference granted on a contract may not exceed the highest percentage of preference
97.35allowed for that contract under any one of those sections.

98.1    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
98.2    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
98.3the managers may accept or reject any or all bids and may award the contract to the lowest
98.4responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
98.5with ample security, conditioned by satisfactory completion of the contract.
98.6    (b) Bids must not be considered which in the aggregate exceed by more than 30
98.7percent the total estimated cost of construction or implementation.
98.8    (c) As an alternative to the procurement method described in paragraph (a), the
98.9managers may issue a request for proposals and award the contract to the vendor or
98.10contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
98.11(a), clause (2).
98.12    (d) The contract must be in writing and be accompanied by or refer to the plans and
98.13specifications for the work to be done as prepared by the engineer for the watershed
98.14district. The plans and specifications shall become a part of the contract.
98.15    (d) (e) The contract shall be approved by the managers and signed by the president,
98.16secretary, and contractor.

98.17    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
98.18    Subd. 5. How contract may be awarded. The contract may be awarded in one
98.19job, in sections, or separately for labor and material and must may be let to the lowest
98.20responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
98.21offering the best value under a request for proposals as described in section 16C.28,
98.22subdivision 1, paragraph (a), clause (2).

98.23    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
98.24    Subd. 5. How job may be let. The job may be let in one job, or in sections, or
98.25separately for labor and material, and shall may be let to the lowest responsible bidder or
98.26bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
98.27offering the best value under a request for proposals as described in section 16C.28,
98.28subdivision 1, paragraph (a), clause (2).

98.29    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
98.30    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
98.31furniture, fixtures, or other property, except books registered under the copyright laws, or
98.32for the construction or repair of school houses, the estimated cost or value of which shall
98.33exceed that specified in section 471.345, subdivision 3, must not be made by the school
98.34board without first advertising for bids or proposals by two weeks' published notice in the
99.1official newspaper. This notice must state the time and place of receiving bids and contain
99.2a brief description of the subject matter.
99.3    Additional publication in the official newspaper or elsewhere may be made as the
99.4board shall deem necessary.
99.5    After taking into consideration conformity with the specifications, terms of delivery,
99.6and other conditions imposed in the call for bids, every such contract for which a call for
99.7bids has been issued must be awarded to the lowest responsible bidder, be duly executed
99.8in writing, and be otherwise conditioned as required by law. The person to whom the
99.9contract is awarded shall give a sufficient bond to the board for its faithful performance.
99.10Notwithstanding section 574.26 or any other law to the contrary, on a contract limited
99.11to the purchase of a finished tangible product, a board may require, at its discretion, a
99.12performance bond of a contractor in the amount the board considers necessary. A record
99.13must be kept of all bids, with names of bidders and amount of bids, and with the successful
99.14bid indicated thereon. A bid containing an alteration or erasure of any price contained in
99.15the bid which is used in determining the lowest responsible bid must be rejected unless the
99.16alteration or erasure is corrected as provided in this section. An alteration or erasure may
99.17be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
99.18initialed in ink by the person signing the bid. In the case of identical low bids from two or
99.19more bidders, the board may, at its discretion, utilize negotiated procurement methods
99.20with the tied low bidders for that particular transaction, so long as the price paid does not
99.21exceed the low tied bid price. In the case where only a single bid is received, the board
99.22may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
99.23the price paid does not exceed the original bid. If no satisfactory bid is received, the
99.24board may readvertise. Standard requirement price contracts established for supplies or
99.25services to be purchased by the district must be established by competitive bids. Such
99.26standard requirement price contracts may contain escalation clauses and may provide for a
99.27negotiated price increase or decrease based upon a demonstrable industrywide or regional
99.28increase or decrease in the vendor's costs. Either party to the contract may request that the
99.29other party demonstrate such increase or decrease. The term of such contracts must not
99.30exceed two years with an option on the part of the district to renew for an additional two
99.31years. Contracts for the purchase of perishable food items, except milk for school lunches
99.32and vocational training programs, in any amount may be made by direct negotiation
99.33by obtaining two or more written quotations for the purchase or sale, when possible,
99.34without advertising for bids or otherwise complying with the requirements of this section
99.35or section 471.345, subdivision 3. All quotations obtained shall be kept on file for a
99.36period of at least one year after receipt.
100.1    Every contract made without compliance with the provisions of this section shall be
100.2void. Except in the case of the destruction of buildings or injury thereto, where the public
100.3interest would suffer by delay, contracts for repairs may be made without advertising
100.4for bids.

100.5    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
100.6subdivision to read:
100.7    Subd. 1b. Best value alternative. As an alternative to the procurement method
100.8described in subdivision 1, a contract for construction, building, alteration, improvement,
100.9or repair work may be awarded to the vendor or contractor offering the best value
100.10under a request for proposals as described in section 16C.28, subdivision 1, paragraph
100.11(a), clause (2).

100.12    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
100.13to read:
100.14    Subd. 2a. Best value alternative. As an alternative to the procurement method
100.15referenced in subdivision 2, counties or towns may issue a request for proposal and award
100.16the contract to the vendor or contractor offering the best value as described in section
100.1716C.28, subdivision 1, paragraph (a), clause (2).

100.18    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
100.19to read:
100.20    Subd. 5. Best value alternative. As an alternative to the procurement method
100.21described in subdivision 4, the commissioner may allow for the award of design-build
100.22contracts for the projects described in subdivision 4 to the vendor or contractor offering
100.23the best value under a request for proposals as described in section 16C.28, subdivision 1,
100.24paragraph (a), clause (2).

100.25    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
100.26to read:
100.27    Subd. 1f. Best value alternative. As an alternative to the procurement method
100.28described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
100.29and award the contract to the vendor or contractor offering the best value as described in
100.30section 16C.28, subdivision 1, paragraph (a), clause (2).

100.31    Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
100.32    Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
100.33contrary, the commissioner may solicit and award all contracts, other than design-build
100.34contracts governed by section 161.3412, for a project on the basis of a best value selection
101.1process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
101.2to this section.

101.3    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
101.4    Subdivision 1. Best value selection for design-build contracts. Notwithstanding
101.5sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner
101.6may solicit and award a design-build contract for a project on the basis of a best value
101.7selection process. Section 16C.08 does not apply to design-build contracts to which the
101.8commissioner is a party.

101.9    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
101.10    Subd. 4. Effects on other law of public contract with commissioner. Whenever
101.11the road authority of any city enters into an agreement with the commissioner pursuant
101.12to this section, and a portion of the cost is to be assessed against benefited property,
101.13the letting of a public contract by the commissioner for the work shall be deemed to
101.14comply with statutory or charter provisions requiring the city (1) to advertise for bids
101.15before awarding a contract for a public improvement, (2) to let the contract to the lowest
101.16responsible bidder or to the vendor or contractor offering the best value, and (3) to require
101.17a performance bond to be filed by the contractor before undertaking the work. The
101.18contract so let by the commissioner and the performance bond required of the contractor
101.19by the commissioner shall be considered to be the contract and bond of the city for the
101.20purposes of complying with the requirements of any applicable law or charter provision,
101.21and the bond shall inure to the benefit of the city and operate for their protection to the
101.22same extent as though they were parties thereto.

101.23    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
101.24to read:
101.25    Subd. 2a. Best value alternative. As an alternative to the procurement method
101.26described in subdivision 2, a contract for construction, building, alteration, improvement,
101.27or repair work may be awarded to the vendor or contractor offering the best value
101.28under a request for proposals as described in section 16C.28, subdivision 1, paragraph
101.29(a), clause (2).

101.30    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
101.31374.13 TO ADVERTISE FOR BIDS.
101.32    Subdivision 1. Bidding process. When the plans and specifications are completed
101.33and approved by the city council and the county board, the commission shall, after notice
101.34appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
101.35the work or materials, or both, to be done, performed, or furnished in the construction of
102.1the building. All bids or proposals shall be sealed by the bidders or proposers and filed
102.2with the commission at or before the time specified for the opening of bids or proposals.
102.3At the time and place specified for the opening of bids or proposals, the commission shall
102.4meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
102.5responsible bidder whose bid or proposal is the most favorable to the city or county, or
102.6reject all bids and proposals. If all bids or proposals are rejected, the commission may,
102.7after similar notice, obtain more bids or proposals or may modify or change the plans and
102.8specifications and submit the modified plans and specifications to the city council and the
102.9county board for approval. When the modified or changed plans and specifications are
102.10satisfactory to both the city council and the county board, the plans and specifications
102.11shall be returned to the commission and the commission shall proceed again, after similar
102.12notice, to obtain bids or proposals. Any contract awarded by the commission shall be
102.13subject to approval by the city council and the county board.
102.14    Subd. 2. Best value alternative. As an alternative to the procurement method
102.15described in subdivision 1, the commission may issue a request for proposals and award
102.16the contract to the vendor or contractor offering the best value as described in section
102.1716C.28, subdivision 1, paragraph (a), clause (2).

102.18    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
102.19to read:
102.20    Subd. 1b. Best value alternative. As an alternative to the procurement method
102.21described in subdivision 1, a county board may award a contract for construction,
102.22building, alteration, improvement, or repair work to the vendor or contractor offering the
102.23best value under a request for proposals as described in section 16C.28, subdivision 1,
102.24paragraph (a), clause (2).

102.25    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
102.26subdivision to read:
102.27    Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
102.28the procurement method described in subdivision 1, the contract may be awarded to the
102.29vendor or contractor offering the best value under a request for proposals as described in
102.30section 16C.28, subdivision 1, paragraph (a), clause (2).

102.31    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
102.32412.311 CONTRACTS.
102.33    Subdivision 1. Lowest responsible bidder. Except as provided in sections 471.87
102.34to 471.89, no member of a council shall be directly or indirectly interested in any contract
102.35made by the council. Whenever the amount of a contract for the purchase of merchandise,
103.1materials or equipment or for any kind of construction work undertaken by the city is
103.2estimated to exceed the amount specified by section 471.345, subdivision 3, the contract
103.3shall be let to the lowest responsible bidder, after notice has been published once in the
103.4official newspaper at least ten days in advance of the last day for the submission of bids. If
103.5the amount of the contract exceeds $1,000, it shall be entered into only after compliance
103.6with section 471.345.
103.7    Subd. 2. Best value alternative. As an alternative to the procurement method
103.8described in subdivision 1, a contract for construction, building, alteration, improvement,
103.9or repair work may be awarded to the vendor or contractor offering the best value
103.10under a request for proposals as described in section 16C.28, subdivision 1, paragraph
103.11(a), clause (2).

103.12    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
103.13to read:
103.14    Subd. 2a. Best value alternative. As an alternative to the procurement method
103.15described in subdivision 2, the council may issue a request for proposals and award the
103.16contract to the vendor or contractor offering the best value as described in section 16C.28,
103.17subdivision 1, paragraph (a), clause (2).

103.18    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
103.19subdivision to read:
103.20    Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
103.21to the procurement method described in subdivision 2, the board may issue a request for
103.22proposals and award the contract to the vendor or contractor offering the best value as
103.23described in section 16C.28, subdivision 1, paragraph (a), clause (2).

103.24    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
103.25to read:
103.26    Subd. 1a. Best value alternative. As an alternative to the procurement method
103.27described in subdivision 1, the authority may issue a request for proposals and award the
103.28contract to the vendor or contractor offering the best value under a request for proposals as
103.29described in section 16C.28, subdivision 1, paragraph (a), clause (2).

103.30    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
103.31    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
103.32of equipment, supplies, or materials necessary in carrying out the purposes of sections
103.33469.048 to 469.068, that involve the expenditure of $1,000 or more, shall be awarded by
103.34contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
103.35sections 469.048 to 469.068, the authority shall publish, once a week for two consecutive
104.1weeks in the official newspaper of the port's city, a notice that bids will be received for the
104.2construction work, or purchase of equipment, supplies, or materials. The notice shall state
104.3the nature of the work, and the terms and conditions upon which the contract is to be let
104.4and name a time and place where the bids will be received, opened, and read publicly,
104.5which time shall be not less than seven days after the date of the last publication. After
104.6the bids have been received, opened, read publicly, and recorded, the commissioners
104.7shall award the contract to the lowest responsible bidder, reserving the right to reject
104.8any or all bids. The contract shall be executed in writing and the person to whom the
104.9contract is awarded shall give sufficient bond to the board for its faithful performance. If
104.10no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
104.11vote of two of its commissioners in the case of a three-member commission, or five of
104.12its members in the case of a seven-member commission, may authorize the authority
104.13to perform any part or parts of any construction work by day labor under conditions it
104.14prescribes. The commissioners may establish reasonable qualifications to determine
104.15the fitness and responsibility of bidders, and require bidders to meet the qualifications
104.16before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
104.17declare that an emergency exists requiring the immediate purchase of any equipment or
104.18material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
104.19or making of emergency repairs, it shall not be necessary to advertise for bids, but the
104.20material, equipment, or supplies may be purchased in the open market at the lowest price
104.21obtainable, or the emergency repairs may be contracted for or performed without securing
104.22formal competitive bids. An emergency, for purposes of this section, is unforeseen
104.23circumstances or conditions which result in the jeopardizing of human life or property.
104.24    In all contracts involving the employment of labor, the commissioners shall stipulate
104.25conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
104.26to the residence of employees to be employed by the contractors.
104.27    Bonds shall be required from contractors for any works of construction as provided
104.28in and subject to all the provisions of sections 574.26 to 574.31.

104.29    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
104.30to read:
104.31    Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
104.32method described in subdivision 1, a contract may be awarded to the vendor or contractor
104.33offering the best value under a request for proposals as described in section 16C.28,
104.34subdivision 1, paragraph (a), clause (2).

104.35    Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
104.36to read:
105.1    Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
105.2procurement method described in subdivision 3, municipalities may award a contract for
105.3construction, alteration, repair, or maintenance work to the vendor or contractor offering
105.4the best value under a request for proposals as described in section 16C.28, subdivision 1,
105.5paragraph (a), clause (2).

105.6    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
105.7to read:
105.8    Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
105.9alternative to the procurement method described in subdivision 4, municipalities may
105.10award a contract for construction, alteration, repair, or maintenance work to the vendor or
105.11contractor offering the best value under a request for proposals as described in section
105.1216C.28, subdivision 1, paragraph (a), clause (2).

105.13    Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
105.14    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
105.15to be $10,000 or less, the contract may be made either upon quotation or in the open
105.16market, in the discretion of the governing body. If the contract is made upon quotation
105.17it shall be based, so far as practicable, on at least two quotations which shall be kept on
105.18file for a period of at least one year after their receipt. Alternatively, municipalities may
105.19award a contract for construction, alteration, repair, or maintenance work to the vendor or
105.20contractor offering the best value under a request for proposals as described in section
105.2116C.28, subdivision 1, paragraph (a), clause (2).

105.22    Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
105.23to read:
105.24    Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
105.25the procurement method described in subdivision 1, the council may issue a request for
105.26proposals and award the contract to the vendor or contractor offering the best value
105.27under a request for proposals as described in section 16C.28, subdivision 1, paragraph
105.28(a), clause (2).

105.29    Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
105.30    Subd. 12. Contracts. The authority may enter into a development agreement with
105.31the team, the county, or any other entity relating to the construction, financing, and use of
105.32the ballpark and related facilities and public infrastructure. The authority may contract
105.33for materials, supplies, and equipment in accordance with sections 471.345 and 473.754,
105.34except that the authority, with the consent of the county, may employ or contract with
105.35persons, firms, or corporations to perform one or more or all of the functions of architect,
106.1engineer, or construction manager with respect to all or any part of the ballpark and
106.2public infrastructure. Alternatively, at the request of the team and with the consent of the
106.3county, the authority shall authorize the team to provide for the design and construction
106.4of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
106.5257. The construction manager may enter into contracts with contractors for labor,
106.6materials, supplies, and equipment for the construction of the ballpark and related public
106.7infrastructure through the process of public bidding, except that the construction manager
106.8may, with the consent of the authority or the team:
106.9    (1) narrow the listing of eligible bidders to those which the construction manager
106.10determines to possess sufficient expertise to perform the intended functions;
106.11    (2) award contracts to the contractors that the construction manager determines
106.12provide the best value under a request for proposals as described in section 16C.28,
106.13subdivision 1, paragraph (a), clause (2), which are not required to be the lowest responsible
106.14bidder; and
106.15    (3) for work the construction manager determines to be critical to the completion
106.16schedule, award contracts on the basis of competitive proposals or perform work with
106.17its own forces without soliciting competitive bids if the construction manager provides
106.18evidence of competitive pricing.
106.19The authority shall require that the construction manager certify, before the contract is
106.20signed, a fixed and stipulated construction price and completion date to the authority
106.21and post a performance bond in an amount at least equal to 100 percent of the certified
106.22price, to cover any costs which may be incurred in excess of the certified price, including
106.23but not limited to costs incurred by the authority or loss of revenues resulting from
106.24incomplete construction on the completion date. The authority may secure surety bonds
106.25as provided in section 574.26, securing payment of just claims in connection with all
106.26public work undertaken by it. Persons entitled to the protection of the bonds may enforce
106.27them as provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any
106.28property of the authority under the provisions of sections 514.01 to 514.16. Contracts for
106.29construction and operation of the ballpark must include programs, including Youthbuild,
106.30to provide for participation by small local businesses and businesses owned by people of
106.31color, and the inclusion of women and people of color in the workforces of contractors
106.32and ballpark operators. The construction of the ballpark is a "project" as that term is
106.33defined in section 177.42, subdivision 2, and is subject to the prevailing wage law under
106.34sections 177.41 to 177.43."
106.35Delete the title and insert:
106.36"A bill for an act
107.1relating to transportation; governing privatization transportation contracts;
107.2amending requirements for obtaining an instruction permit; modifying
107.3provisions relating to drivers license appearance and cancellation; enacting
107.4strategic initiative to reduce greenhouse emissions from motor vehicles by
107.530 percent by the year 2030; modifying provisions related to the statewide
107.6transportation plan to reflect environmental impacts; requiring the commissioner
107.7of transportation to utilize available federal funds in highway construction
107.8training programs; requiring reports on training programs and disadvantaged
107.9business enterprise program; requiring commissioner of transportation to file
107.10annual report on major highway projects; defining concrete pump as special
107.11mobile equipment; requiring commissioner of transportation to conduct speed
107.12limits study; providing for a study of long-range transportation solutions;
107.13changing effective date authorizing permit for special paper products vehicle;
107.14permitting sale of impounded vehicle and contents after voluntary transfer;
107.15providing for notice and right to reclaim contents of impounded vehicle; granting
107.16towing authority to department of transportation; encouraging coordination of
107.17paratransit services; establishing paratransit and special transportation service
107.18standards; requiring subsidized paratransit providers to offer intercounty service;
107.19directing commissioner to facilitate establishment of one-stop paratransit call
107.20centers; amending definitions of special transportation service and small vehicle
107.21passenger service; modifying provisions relating to special transportation
107.22service; governing complaints regarding special transportation providers;
107.23requiring annual report on special transportation service complaints; modifying
107.24provisions relating to special license plates; modifying provisions relating to
107.25vehicle weight and length limits; removing length limit for middle vehicle
107.26in recreational vehicle combination; raising gross vehicle weight limits and
107.27per axle weight limits; amending allowable weight limits on certain routes;
107.28amending permit fees and requirements; authorizing permits for certain vehicles
107.29and combinations of vehicles; removing sunset date for weight exemptions for
107.30certain milk trucks; amending requirements for movers of household goods,
107.31including changes from use of permits to registration; removing language
107.32governing obsolete motor carrier permits; amending commercial motor vehicle
107.33inspection requirements; modifying provisions relating to hazardous materials;
107.34changing certain financial liability requirements for charitable organizations;
107.35modifying provisions relating to motor carriers and movers of household goods;
107.36repealing obsolete reporting requirements; repealing permit requirements for
107.37movers of household goods; repealing obsolete permits for certain motor
107.38carriers; enacting Railroad Walkways Safety Act; creating position of state
107.39rail safety inspector; establishing special account; authorizing imposition of
107.40administrative penalties after rulemaking; appropriating money; defining best
107.41value; changing provisions for acquisition and competitive bidding; making
107.42technical changes;amending Minnesota Statutes 2006, sections 16C.02, by
107.43adding subdivisions; 16C.03, subdivision 3, by adding subdivisions; 16C.26;
107.4416C.27, subdivision 1; 16C.28; 103D.811, subdivision 3; 103E.505, subdivision
107.455; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision;
107.46160.02, subdivision 19, by adding a subdivision; 160.17, by adding a subdivision;
107.47160.262, by adding a subdivision; 161.14, subdivision 18, by adding a
107.48subdivision; 161.32, subdivisions 1, 1b, 4, by adding a subdivision; 161.3412,
107.49subdivision 1; 161.38, subdivision 4; 164.06, subdivision 2; 168.011, subdivision
107.5022; 168.013, subdivision 1e; 168.10, subdivisions 1a, 1b, 1c, 1d, 1g, 1h, 1i;
107.51168.12, subdivisions 1, 2, 2a, 2b, 2c, 2d, 2e; 168A.29, subdivision 1; 168B.04,
107.52subdivision 2; 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07,
107.53by adding subdivisions; 168B.087, subdivision 1; 169.01, subdivisions 19, 20,
107.5478, by adding a subdivision; 169.041, subdivisions 1, 2; 169.06, subdivision 5;
107.55169.781; 169.782, subdivision 1; 169.783, subdivision 1; 169.81, subdivisions 2,
107.563c; 169.823, subdivision 1; 169.824, subdivisions 1, 2; 169.826, subdivisions
107.571a, 1b; 169.8261; 169.828, subdivision 2; 169.86, subdivisions 1a, 5, by adding
107.58a subdivision; 169.87, subdivision 4; 171.01, by adding a subdivision; 171.02,
108.1subdivision 1; 171.05, subdivision 2; 171.07, subdivision 1; 171.14; 174.01,
108.2subdivision 2; 174.02, subdivision 1a; 174.03, subdivisions 1, 6, by adding
108.3subdivisions; 174.24, subdivision 2a; 174.255, by adding a subdivision; 174.29,
108.4by adding subdivisions; 174.30, subdivisions 4, 9; 174.64, subdivisions 2, 4;
108.5174.66; 218.041, subdivision 6; 221.011, subdivision 8, by adding a subdivision;
108.6221.025; 221.026; 221.031, subdivisions 1, 6; 221.0314, subdivision 9, by adding
108.7a subdivision; 221.033, subdivision 2d; 221.036, subdivisions 1, 3; 221.037,
108.8subdivision 1; 221.091, subdivision 2; 221.131; 221.132; 221.141, subdivisions
108.91, 4; 221.185; 221.221, subdivision 3; 221.231; 221.291, subdivision 4; 221.60,
108.10subdivision 1, by adding a subdivision; 365.37, by adding a subdivision; 374.13;
108.11375.21, by adding a subdivision; 383C.094, by adding a subdivision; 412.311;
108.12429.041, by adding a subdivision; 458D.21, by adding a subdivision; 469.015, by
108.13adding a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345,
108.14subdivision 5, by adding subdivisions; 473.1466; 473.386, subdivisions 1, 2, 2a,
108.153; 473.523, by adding a subdivision; 473.756, subdivision 12; Laws 2005, First
108.16Special Session chapter 1, article 4, section 39; proposing coding for new law
108.17in Minnesota Statutes, chapters 160; 161; 168B; 169; 174; 219; 221; repealing
108.18Minnesota Statutes 2006, sections 174.65; 221.011, subdivisions 24, 25, 28, 29,
108.1938, 41, 44, 45; 221.0252, subdivision 7; 221.072; 221.111; 221.121, subdivisions
108.201, 2, 3, 4, 5, 6, 6a, 6c, 6d, 6e, 6f, 7; 221.122; 221.123; 221.131, subdivisions 2a, 3;
108.21221.141, subdivision 6; 221.151; 221.152; 221.153, subdivisions 1, 2; 221.161;
108.22221.171; 221.172, subdivisions 3, 4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7,
108.238; 221.60, subdivisions 2, 3, 3a, 4, 5, 6; 221.601; 221.602; 473.1465; 473.247."