Bill Text: MN HF1068 | 2011-2012 | 87th Legislature | Engrossed

---

Bill Title: Transportation and public safety policies governing provisions provided including data practices, bicycles and bikeways and highways and bridges, transportation construction contracts, motor vehicles, traffic regulations, driver licensing and training, alternative financing for transportation projects, railroads, motor carriers and commercial drivers, and agency reporting; fees and an account established; pilot program expanded; seaplane base variance provided; provisions repealed; technical changes made; and money appropriated.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-24 - Motion to recall and re-refer, motion prevailed Transportation Policy and Finance [HF1068 Detail]

Download: Minnesota-2011-HF1068-Engrossed.html

---

A bill for an act

relating to transportation; providing for various provisions governing
transportation and public safety policies, including data practices, bicycles and
bikeways, highways and bridges, transportation construction contracts, motor
vehicles, traffic regulations, driver licensing and training, alternative financing
for transportation projects, railroads, motor carriers and commercial drivers, and
agency reporting; establishing certain fees and an account; expanding a pilot
program; providing variance for seaplane base; repealing certain provisions;
making technical changes; appropriating money;amending Minnesota Statutes
2010, sections 85.015, by adding a subdivision; 85.018, subdivisions 2, 4;
160.263, subdivision 2; 161.14, subdivision 66, by adding a subdivision;
161.321; 161.3212; 162.081, subdivision 4; 162.09, by adding a subdivision;
168.002, subdivisions 24, 26, 40, by adding subdivisions; 168.012, subdivision
1; 168.017, subdivision 3; 168.021; 168.12, subdivisions 1, 2b, 5; 168.123,
subdivision 1; 168A.11, subdivision 4; 168B.011, subdivision 12; 169.011,
subdivision 27; 169.035, subdivision 1, by adding a subdivision; 169.06,
subdivisions 5, 7; 169.19, subdivision 5; 169.223, subdivision 5; 169.306;
169.345, subdivisions 1, 3; 169.346, subdivision 3; 169.4503, by adding a
subdivision; 169.64, subdivision 2; 169.685, subdivision 6; 169.86, subdivisions
4, 5; 169.99, subdivision 1b; 169A.54, subdivisions 1, 6; 171.03; 171.05,
subdivision 2; 171.06, subdivision 2; 171.061, subdivision 4; 171.0701; 171.12,
subdivision 6; 171.13, subdivision 1, by adding a subdivision; 171.27; 171.30,
subdivision 1; 171.306, subdivision 4; 174.02, by adding a subdivision; 174.56;
174.632; 174.80, by adding a subdivision; 174.88, by adding a subdivision;
221.0314, subdivision 3a; 222.50, subdivision 4; 222.51; 222.53; 222.63,
subdivision 9; Laws 2009, chapter 59, article 3, section 4, as amended; proposing
coding for new law in Minnesota Statutes, chapters 160; 161; 171; repealing
Minnesota Statutes 2010, sections 161.08, subdivision 2; 161.115, subdivision
263; 168.012, subdivision 1b; 169A.54, subdivision 5; 222.48, subdivision 3a;
Laws 2002, chapter 393, section 85; Laws 2008, chapter 350, article 1, section 5,
as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a
subdivision to read:
    Subd. 1d. Bicycle use of trails. The commissioner may not prohibit operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
this section for which bicycle use is permitted, unless the commissioner determines that
operation of the electric-assisted bicycle is not consistent with safe use and enjoyment of
the trail.

    Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
    Subd. 2. Authority of local government. (a) A local government unit that receives
state grants-in-aid for any trail, with the concurrence of the commissioner, and the
landowner or land lessee, may:
(1) designate the trail for use by snowmobiles or for nonmotorized use from
December 1 to April 1 of any year; and
(2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state grants-in-aid under section 84.794,
subdivision 2 , 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
concurrence of the commissioner, and landowner or land lessee, may:
(1) designate the trail specifically for use at various times of the year by all-terrain or
off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
use at the same time; and
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state grants-in-aid for any trail, with the
concurrence of the commissioner and landowner or land lessee, may designate certain
trails for joint use by snowmobiles, off-highway motorcycles, all-terrain vehicles, and
off-road vehicles.
(d) A local unit of government may not prohibit operation of an electric-assisted
bicycle, as defined in section 169.011, subdivision 27, on any trail under this section
designated for bicycle use or nonmotorized use that includes bicycles, unless the local unit
of government determines that operation of the electric-assisted bicycle is not consistent
with safe use and enjoyment of the trail.

    Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
    Subd. 4. Nonmotorized use trails. (a) No motorized vehicle shall be operated on a
trail designated for nonmotorized use. This subdivision does not apply to (1) motorized
wheelchairs or other motorized devices operated by an individual who is physically
disabled and (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27.

    Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
    Subd. 2. Powers of political subdivisions. (a) The governing body of any political
subdivision may by ordinance or resolution:
(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
a bicycle lane or bicycle route;
(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
provided that the designation does not destroy a pedestrian way or pedestrian access;
(3) develop and designate bicycle paths;
(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
(b) A governing body may not prohibit operation of an electric-assisted bicycle,
as defined in section 169.011, subdivision 27, on any bikeway, roadway, or shoulder,
unless the governing body determines that operation of the electric-assisted bicycle is not
consistent with safe use and enjoyment of the bikeway, roadway, or shoulder.

    Sec. 5. [160.266] MISSISSIPPI RIVER TRAIL.
    Subdivision 1. Definitions. For the purposes of this section:
(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
    Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
including the commissioner of natural resources, shall identify a bikeway that originates at
Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
County to Minnesota's boundary with Iowa and there terminates. Where opportunities
exist, the bikeway may be designated on both sides of the Mississippi River.
    Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
with road and trail authorities including the commissioner of natural resources, shall:
(1) identify existing bikeways of regional significance that are in reasonable
proximity but not connected to the bikeway established in this section, including but not
limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
(2) support development of linkages between bikeways identified under clause (1)
and the bikeway established in this section.
(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of the bikeway
under subdivision 1.
    Subd. 4. Cooperation with other entities. The commissioner may contract and
enter into agreements with federal agencies, other state agencies, and local governments to
establish, develop, maintain, and operate the bikeway and to interpret associated natural
and cultural resources.
    Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
by the commissioner of natural resources are eligible for funding from the environment
and natural resources trust fund under chapter 116P, from the parks and trails grant
program under section 85.535, from the local recreation grants program under section
85.019, subdivision 4b, and from other sources.

    Sec. 6. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
    Subd. 66. Veterans Memorial Highway. Legislative Route No. 31, signed as
Trunk Highway marked 200 as of July 1, 2010, from the border with North Dakota to the
city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
shall adopt a suitable design to mark this highway and erect appropriate signs, subject
to section 161.139.

    Sec. 7. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
to read:
    Subd. 70. Arianna Celeste Macnamara Memorial Bridge. The pedestrian
bridge over Route No. 7, signed as Trunk Highway 14 on the effective date of this
section, located in the city of Rochester west of Route No. 20, signed as U.S. Highway
52 on the effective date of this section, is designated as "Arianna Celeste Macnamara
Memorial Bridge." Subject to section 161.139, the commissioner shall adopt a suitable
marking design to memorialize the bridge and shall erect the appropriate signs as close as
practicable to the bridge.

    Sec. 8. [161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR
CONTRACTS; DEFINITIONS.
    Subdivision 1. Scope. The terms used in sections 161.3207 to 161.3209 have the
meanings given them in this section.
    Subd. 2. Acceptance. "Acceptance" means an action of the commissioner
authorizing the execution of a construction manager/general contractor contract.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of
transportation.
    Subd. 4. Construction manager/general contractor. "Construction
manager/general contractor" means a proprietorship, partnership, limited liability
partnership, joint venture, corporation, any type of limited liability company, professional
corporation, or any legal entity selected by the commissioner to act as a construction
manager to manage the construction process, which includes, but is not limited to,
responsibility for the price, schedule, and workmanship of preconstruction services or the
construction performed according to section 161.3209, or both.
    Subd. 5. Construction manager/general contractor contract. "Construction
manager/general contractor contract" means a contract for construction of a project
between a construction manager/general contractor and the commissioner, which
must include terms providing for a price, construction schedule, and workmanship of
the construction performed. The construction manager/general contractor contract
may include provisions for incremental price contracts for specific work packages,
additional work performed, contingencies, or other contract provisions that will allow the
commissioner to negotiate time and cost changes to the contract.
    Subd. 6. Past performance; experience. "Past performance" or "experience" does
not include the exercise or assertion of a person's legal rights.
    Subd. 7. Preconstruction services. "Preconstruction services" means all
non-construction-related services that a construction manager/general contractor is
allowed to perform before execution of a construction manager/general contractor contract
or work package.
    Subd. 8. Preconstruction services contract. "Preconstruction services contract"
means a contract under which a construction manager/general contractor is paid on the
basis of the actual cost to perform the work specified in the contract plus an amount for
overhead and profit for all preconstruction services.
    Subd. 9. Project. "Project" means any project selected by the commissioner as a
construction manager/general contractor project under section 161.3208.
    Subd. 10. Request for proposals; RFP. "Request for proposals" or "RFP" means
the document or publication soliciting proposals for a construction manager/general
contractor contract.
    Subd. 11. Request for qualifications; RFQ. "Request for qualifications" or "RFQ"
means a document or publication used to prequalify and short-list potential construction
managers/general contractors.
    Subd. 12. Work package. "Work package" means the scope of work for a defined
portion of a project. A defined portion includes construction services on any project
aspect, including procuring materials or services.

    Sec. 9. [161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR
AUTHORITY.
    Subdivision 1. Selection authority; limitation. Notwithstanding sections 16C.25,
161.32, and 161.321, or any other law to the contrary, the commissioner may select a
construction manager/general contractor as provided in section 161.3209, and award a
construction manager/general contractor contract. The commissioner may not award more
than two construction manager/general contractor projects during any fiscal year.
    Subd. 2. Determination. Final determination to use a construction manager/general
contractor contracting procedure may be made only by the commissioner.
    Subd. 3. Cancellation. The solicitation of construction manager/general contractor
requests for qualifications or proposals does not obligate the commissioner to enter into a
construction manager/general contractor contract. In accordance with the stated criteria
and subcriteria for evaluating qualifications or proposals, the commissioner may accept
or reject any or all responses received as a result of the request. The solicitation of
proposals may be canceled at any time at the commissioner's sole discretion if cancellation
is considered to be in the public's best interest. If the commissioner rejects all responses
or cancels the solicitation for proposals, the commissioner may resolicit a request for
proposals using the same or different requirements.
    Subd. 4. Reporting. The commissioner shall notify the chairs and ranking minority
members of the senate and house of representatives committees with jurisdiction over
transportation policy and transportation finance each time the commissioner decides to
use the construction manager/general contractor method of procurement and explain why
that method was chosen.

    Sec. 10. [161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
PROCEDURES.
    Subdivision 1. Solicitation of proposals. If the commissioner determines that
a construction manager/general contractor method of procurement is appropriate for
a project, the commissioner shall establish a two-phase procedure for awarding the
construction manager/general contractor contract, as described in subdivisions 2 and 3.
    Subd. 2. Phase 1 - request for proposals. (a) The commissioner shall prepare
or have prepared an RFP for each construction manager/general contractor contract as
provided in this section. The RFP must contain, at a minimum, the following elements:
(1) the minimum qualifications of the construction manager/general contractor;
(2) the procedures for submitting proposals and the criteria for evaluation of
qualifications and the relative weight for each criteria;
(3) the form of the contract to be awarded;
(4) the scope of intended construction work;
(5) a listing of the types of preconstruction services that will be required;
(6) an anticipated schedule for commencing and completing the project;
(7) any applicable budget limits for the project;
(8) the requirements for insurance, statutorily required performance, and payment
bonds;
(9) the requirements that the construction manager/general contractor provide a
letter from a surety or insurance company stating that the construction manager/general
contractor is capable of obtaining a performance bond and payment bond covering the
estimated contract cost;
(10) the method for how construction manager/general contractor fees for the
preconstruction services contract will be negotiated;
(11) a statement that past performance or experience does not include the exercise
or assertion of a person's legal rights; and
(12) any other information desired by the commissioner.
(b) Before receiving any responses to the RFP, the commissioner shall appoint a
technical review committee of at least five individuals, of which one is a Department of
Transportation manager who is also a licensed professional engineer in Minnesota.
(c) The technical review committee shall evaluate the construction manager/general
contractor proposals according to criteria and subcriteria published in the RFP and
procedures established by the commissioner, and rank each construction manager/general
contractor using the elements described in paragraph (a). If the commissioner does
not receive at least two proposals from construction managers/general contractors, the
commissioner may:
(1) solicit new proposals;
(2) revise the RFP and thereafter solicit new proposals using the revised RFP;
(3) select another allowed procurement method; or
(4) reject all proposals.
(d) Unless all proposals are rejected, the commissioner shall conduct contract
negotiations for a preconstruction services contract with the construction manager/general
contractor with the highest ranking. If the construction manager/general contractor with
the highest ranking declines or is unable to reach an agreement, the commissioner may
begin contract negotiations with the next highest ranked construction manager/general
contractor.
(e) Before issuing the RFP, the commissioner may elect to issue a request for
qualifications (RFQ) and short-list the most highly qualified construction managers/general
contractors. The RFQ must include the procedures for submitting statements of
qualification, the criteria for evaluation of qualifications, and the relative weight for each
criterion. The statements of qualifications must be evaluated by the technical review
committee.
    Subd. 3. Phase 2 - construction manager/general contractor contract. (a) Before
conducting any construction-related services, the commissioner shall:
(1) conduct an independent cost estimate for the project or each work package; and
(2) conduct contract negotiations with the construction manager/general contractor
to develop a construction manager/general contractor contract.
(b) If the construction manager/general contractor and the commissioner are unable
to negotiate a contract, the commissioner may use other contract procurement processes or
may readvertise the construction manager/general contractor contract. The construction
manager/general contractor may not (1) bid on the project if advertised under section
161.32 or (2) join a design-build team if advertised under sections 161.3410 to 161.3428.

    Sec. 11. Minnesota Statutes 2010, section 161.321, is amended to read:
161.321 SMALL BUSINESS CONTRACTS.
    Subdivision 1. Definitions. For purposes of this section the following terms have
the meanings given them, except where the context clearly indicates a different meaning is
intended.
(a) "Award" means the granting of a contract in accordance with all applicable laws
and rules governing competitive bidding except as otherwise provided in this section.
(b) "Contract" means an agreement entered into between a business entity and the
state of Minnesota for the construction of transportation improvements.
(c) "Subcontractor" means a business entity which enters into a legally binding
agreement with another business entity which is a party to a contract as defined in
paragraph (b).
(d) "Targeted group business" means a business designated under section 16C.16,
subdivision 5 .
(e) "Veteran-owned small business" means a business designated under section
16C.16, subdivision 6a .
    Subd. 2. Small business set-asides; procurement and construction contract
preferences. (a) The commissioner may award up to a six percent preference in the
amount bid for specified construction work to small targeted group businesses and
veteran-owned small businesses.
(b) The commissioner may designate a contract for construction work for award only
to small targeted group businesses if the commissioner determines that at least three small
targeted group businesses are likely to bid. The commissioner may designate a contract for
construction work for award only to veteran-owned small businesses if the commissioner
determines that at least three veteran-owned small businesses are likely to bid.
(c) The commissioner, as a condition of awarding a construction contract, may
set goals that require the prime contractor to subcontract a portion of the contract to
small targeted group businesses and veteran-owned small businesses. The commissioner
must establish a procedure for granting waivers from the subcontracting requirement
when qualified small targeted group businesses and veteran-owned small businesses
are not reasonably available. The commissioner may establish financial incentives for
prime contractors who exceed the goals for use of subcontractors and financial penalties
for prime contractors who fail to meet goals under this paragraph. The subcontracting
requirements of this paragraph do not apply to prime contractors who are small targeted
group businesses or veteran-owned small businesses.
(d) The commissioner may award up to a four percent preference in the amount
bid on procurement for specified construction work to small businesses located in an
economically disadvantaged area as defined in section 16C.16, subdivision 7.
    Subd. 2a. Subcontracting goals. (a) The commissioner, as a condition of awarding
a construction contract, may set goals that require the prime contractor to subcontract
portions of the contract to small targeted group businesses and veteran-owned small
businesses. Prime contractors must demonstrate good faith efforts to meet the project
goals. The commissioner shall establish a procedure for granting waivers from the
subcontracting requirement when either qualified small targeted group businesses or
veteran-owned small businesses, or both, are not reasonably available. The commissioner
may establish (1) financial incentives for prime contractors who exceed the goals set for
the use of subcontractors under this subdivision and (2) sanctions for prime contractors
who fail to make good faith efforts to meet the goals set under this subdivision.
(b) The small targeted group business subcontracting requirements of this
subdivision do not apply to prime contractors who are small targeted group businesses.
The veteran-owned small business subcontracting requirements of this subdivision do not
apply to prime contractors who are veteran-owned small businesses.
    Subd. 3. Subcontract awards to small businesses. At least 75 percent of
subcontracts awarded to small targeted group businesses must be performed by the
business to which the subcontract is awarded or another small targeted group business.
At least 75 percent of subcontracts awarded to veteran-owned small businesses must be
performed by the business to which the subcontract is awarded or another veteran-owned
small business.
    Subd. 4. Contract awards, limitations. Contracts awarded pursuant to this
section are subject to all limitations contained in rules adopted by the commissioner
of administration.
    Subd. 4a. Limited duration and reevaluation. The commissioner shall cooperate
with the commissioner of administration to periodically reevaluate the targeted group
businesses to determine that there is a statistical disparity between the percentage of
construction contracts awarded to businesses owned by targeted group members and the
representation of businesses owned by targeted group members among all businesses in
the state in the construction category. The commissioner of administration shall designate
targeted groups pursuant to section 16C.16, subdivision 5.
    Subd. 5. Recourse to other businesses. If the commissioner is unable to award
a contract pursuant to the provisions of subdivisions 2 and 3 to 4a, the award may be
placed pursuant to the normal solicitation and award provisions set forth in this chapter
and chapter 16C.
    Subd. 6. Rules; eligibility. (a) The rules adopted by the commissioner of
administration to define small businesses and to set time and other eligibility requirements
for participation in programs under sections 16C.16 to 16C.19 apply to this section. The
commissioner may promulgate other rules necessary to carry out this section.
(b) In addition to other eligibility requirements, a small targeted group business or
veteran-owned small business is eligible for the bid preferences under this section only
for eight years following the later of (1) the effective date of this act, or (2) the date of
initial designation as a small targeted group business or veteran-owned small business by
the commissioner of administration under section 16C.16.
    Subd. 7. Noncompetitive bids. The commissioner is encouraged to purchase
from small targeted group businesses and veteran-owned small businesses designated
under section 16C.16 when making purchases that are not subject to competitive bidding
procedures.
    Subd. 8. Report by commissioner Reporting. (a) The commissioner of
transportation shall report to the commissioner of administration on compliance with this
section. The information must be reported at the time and in the manner requested by the
commissioner of administration.
(b) By February 1 of each even-numbered year, the commissioner shall submit a
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance concerning contract awards under this
section. At a minimum, the report must include:
(1) a summary of the program;
(2) a review of the use of preferences for contracting, including frequency of
establishment of a preference and frequency of contract award to a small targeted group
business or veteran-owned small business;
(3) a review of goals and good faith efforts to use small targeted group businesses
and veteran-owned small businesses in subcontracts, including analysis of methods used
for, and effectiveness of, good faith efforts;
(4) a summary of any financial incentives or sanctions imposed;
(5) information on each reevaluation under subdivision 4a, including details on the
methodology for reevaluation; and
(6) any recommendations for legislative or programmatic changes.

    Sec. 12. Minnesota Statutes 2010, section 161.3212, is amended to read:
161.3212 WORKING CAPITAL FUND.
The commissioner, to the extent allowed by other law or contract, may grant
available money that has been appropriated for socially or economically disadvantaged
business programs to a guaranty fund administered by a nonprofit organization that makes
or guarantees working capital loans to businesses small business concerns owned and
operated by socially or and economically disadvantaged persons as defined individuals.
"Small business concern" and "socially and economically disadvantaged individual" have
the meanings given them in Code of Federal Regulations, title 49, section 23.5 26.5. The
purpose of loans made or guaranteed by the organization must be to provide short-term
working capital to enable eligible businesses to be awarded contracts for goods and
services or for construction-related services from government agencies.
Money contributed from a constitutionally or statutorily dedicated fund must be used
only for purposes consistent with the purposes of the dedicated fund.

    Sec. 13. Minnesota Statutes 2010, section 162.081, subdivision 4, is amended to read:
    Subd. 4. Formula for distribution to towns; purposes. (a) Money apportioned to a
county from the town road account must be distributed to the treasurer of each town within
the county, according to a distribution formula adopted by the county board. The formula
must take into account each town's levy for road and bridge purposes, its population and
town road mileage, and other factors the county board deems advisable in the interests
of achieving equity among the towns. Distribution of town road funds to each town
treasurer must be made by March 1, annually, or within 30 days after receipt of payment
from the commissioner. Distribution of funds to town treasurers in a county which has
not adopted a distribution formula under this subdivision must be made according to a
formula prescribed by the commissioner by rule. A formula adopted by a county board or
by the commissioner must provide that a town, in order to be eligible for distribution of
funds from the town road account in a calendar year, must have levied for taxes payable in
the previous year for road and bridge purposes at least 0.04835 percent of taxable market
value. For purposes of this eligibility requirement, taxable market value means taxable
market value for taxes payable two years prior to the aid distribution year.
(b) Money distributed to a town under this subdivision may be expended by the
town only for the construction, reconstruction, and gravel maintenance of town roads
within the town.

    Sec. 14. Minnesota Statutes 2010, section 162.09, is amended by adding a subdivision
to read:
    Subd. 4a. Municipal state-aid transition. (a) Notwithstanding subdivision 4, a city
that has a population of less than 5,000 according to a federal decennial census, and that
has a population of 5,000 or more as determined by the most recent population estimate
of the Metropolitan Council or state demographer made prior to the census, is deemed
for purposes of this chapter to have a population that is the greater of (1) 5,000, or (2) as
otherwise determined under subdivision 4, paragraph (b), (c), or (d).
(b) This subdivision applies only to the first four calendar years for which population
is determined for purposes of this chapter on the basis of a federal decennial census.
EFFECTIVE DATE.This section is effective July 1, 2011.

    Sec. 15. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
to read:
    Subd. 21a. Noncommercial vehicle. "Noncommercial vehicle" means a one-ton
pickup truck registered under section 168.013, subdivision 1e, with a 15,000 pounds or
less gross vehicle weight rating and for which the owner has made a declaration that the
vehicle will be operated exclusively for personal use. The declaration must be based
on one or more of the following:
(1) a change of vehicle use;
(2) registration of a new vehicle;
(3) transfer of vehicle ownership; or
(4) registration renewal.

    Sec. 16. Minnesota Statutes 2010, section 168.002, is amended by adding a subdivision
to read:
    Subd. 21b. One-ton pickup truck. "One-ton pickup truck" means any truck
resembling a pickup truck with a manufacturer's nominal rated carrying capacity of
one ton. If the manufacturer's nominal rated carrying capacity is not provided or is not
known, then the value specified by the manufacturer as the gross vehicle weight rating as
indicated on the manufacturer's certification label must be 10,001 pounds or more, not
to exceed 15,000 pounds.

    Sec. 17. Minnesota Statutes 2010, section 168.002, subdivision 24, is amended to read:
    Subd. 24. Passenger automobile. (a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.
    (b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126. Except as provided in
paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
pounds that is a pickup truck or a van is not a passenger automobile.
    (c) "Passenger automobile" includes, but is not limited to:
    (1) a vehicle that is (i) a pickup truck or a van, (ii) not used in furtherance of a
commercial enterprise, and (iii) not subject to state or federal regulation as a commercial
motor vehicle as defined in subdivisions 26 and 40;
    (2) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; and
    (3) medium-speed electric vehicles, as defined in section 169.011, subdivision 39.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 18. Minnesota Statutes 2010, section 168.002, subdivision 26, is amended to read:
    Subd. 26. Pickup truck. "Pickup truck" means any truck with a manufacturer's
nominal rated carrying capacity of three-fourths ton or less and commonly known as a
pickup truck. If the manufacturer's nominal rated carrying capacity is not provided or
cannot be determined, then the value specified by the manufacturer as the gross vehicle
weight rating as indicated on the manufacturer's certification label must be less than
10,000 pounds.

    Sec. 19. Minnesota Statutes 2010, section 168.002, subdivision 40, is amended to read:
    Subd. 40. Van. "Van" means any vehicle of box-like design with no barrier or
separation between the operator's area and the remainder of the cargo-carrying area, and
with a manufacturer's nominal rated carrying capacity of three-fourths ton or less. If
the manufacturer's nominal rated carrying capacity is not provided or not known, then
the value specified by the manufacturer as the maximum gross weight or gross vehicle
weight rating as indicated on the manufacturer's certification label must be less than
10,000 pounds.

    Sec. 20. Minnesota Statutes 2010, section 168.012, subdivision 1, is amended to read:
    Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:
    (1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;
    (2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;
    (3) vehicles used solely in driver education programs at nonpublic high schools;
    (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;
    (5) vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;
    (6) vehicles owned by ambulance services licensed under section 144E.10 that
are equipped and specifically intended for emergency response or providing ambulance
services; and
    (7) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.
    (b) Provided the general appearance of the vehicle is unmistakable, the following
vehicles are not required to register or display number plates:
(1) vehicles owned by the federal government;
(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
the state or a political subdivision;
(3) police patrols owned or leased by the state or a political subdivision; and
(4) ambulances owned or leased by the state or a political subdivision.
    (c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resources, must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections or by conservation officers must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle,
the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in charge if
issued to a vehicle of any other law enforcement agency. The certification must be on a
form prescribed by the commissioner and state that the vehicle will be used exclusively
for a purpose authorized by this section.
    (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.
    (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.
    (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.
    (g) Unmarked vehicles used in general investigation, surveillance, supervision,
and monitoring by the staff of the Department of Human Services Office of Special
Investigations and the executive director of the Minnesota sex offender program must
be registered and must display passenger vehicle classification license number plates,
furnished by the registrar at cost. Original and renewal applications for passenger vehicle
license plates must be accompanied by a certification signed by the commissioner of
human services. The certification must be on a form prescribed by the commissioner and
state that the vehicles must be used exclusively for the official duties of the Office of
Special Investigations and the executive director of the Minnesota sex offender program.
(h) Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.
    (i) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.
    (j) All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.

    Sec. 21. Minnesota Statutes 2010, section 168.017, subdivision 3, is amended to read:
    Subd. 3. Exceptions. (a) The registrar shall register all vehicles subject to
registration under the monthly series system for a period of 12 consecutive calendar
months, unless:
    (1) the application is an original rather than renewal application; or
    (2) the applicant is a licensed motor vehicle lessor under section 168.27 and the
vehicle is leased or rented for periods of time of not more than 28 days, in which case the
applicant may apply for initial or renewed registration of a vehicle for a period of four
or more months, the month of expiration to be designated by the applicant at the time of
registration. However, To qualify for this exemption, the applicant must (1) present the
application to the registrar at St. Paul, or a designated deputy registrar office, and (2)
stamp in red, on the certificate of title, the phrase "The expiration month of this vehicle
is ....." with the blank filled in with the month of expiration as if the vehicle is being
registered for a period of 12 calendar months. Subsequent registration periods when the
applicant is not a qualified motor vehicle lessor under this subdivision must be for a period
of 12 months commencing from the last month for which registration was issued.
    (b) In any instance except that of a licensed motor vehicle lessor, the registrar shall
not approve registering the vehicle subject to the application for a period of less than three
months, except when the registrar determines that to do otherwise will help to equalize
the registration and renewal work load of the department.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to all
applications for registration filed on or after that date.

    Sec. 22. Minnesota Statutes 2010, section 168.021, is amended to read:
168.021 PLATES FOR PHYSICALLY DISABLED PERSONS.
    Subdivision 1. Disability plates; application. (a) When a motor vehicle registered
under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated
capacity of one ton and resembling a one-ton pickup truck, or a self-propelled recreational
vehicle is owned or primarily operated by a permanently physically disabled person or a
custodial parent or guardian of a permanently physically disabled minor, the owner may
apply for and secure from the commissioner (1) immediately, a temporary permit valid
for 30 days if the applicant is eligible for the disability plates issued under this section
and (2) two disability plates with attached emblems, one plate to be attached to the front,
and one to the rear of the motor vehicle, truck, or recreational vehicle, or, in the case of a
motorcycle, one disability plate the same size as a regular motorcycle plate.
    (b) The commissioner shall not issue more than one plate to the owner of a
motorcycle and not more than one set of plates to any owner of a motor another vehicle
described in paragraph (a) at the same time unless the state Council on Disability approves
the issuance of a second plate or set of plates to a motor vehicle an owner.
    (c) When the owner first applies for the disability plate or plates, the owner must
submit a medical statement in a format approved by the commissioner under section
169.345 , or proof of physical disability provided for in that section.
    (d) No medical statement or proof of disability is required when an owner of a motor
vehicle applies for a plate or plates for one or more motor vehicles listed in paragraph (a)
that are specially modified for and used exclusively by permanently physically disabled
persons.
    (e) The owner of a motor vehicle listed in paragraph (a) may apply for and secure
(i) immediately, a permit valid for 30 days, if the applicant is eligible to receive the
disability plate or plates issued under this section, and (ii) a set of disability plate or plates
for a motor the vehicle if:
    (1) the owner employs a permanently physically disabled person who would qualify
for the disability plate or plates under this section; and
    (2) the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.
    Subd. 1a. Scope of privilege. If a physically disabled person parks a motor
vehicle described in subdivision 1, displaying the disability plate or plates described in
this section, or a permit valid for 30 days and issued to an eligible person awaiting receipt
of the disability plate or plates described in this section, or any person parks the motor
vehicle for a physically disabled person, that person is entitled to park the motor vehicle
as provided in section 169.345.
    Subd. 2. Plate design; furnished by commissioner. The commissioner shall design
and furnish two disability plates, or one disability plate for a motorcycle that is the same
size as a regular motorcycle plate, with attached emblem or emblems to an eligible owner.
The emblem must bear the internationally accepted wheelchair symbol, as designated in
section 326B.106, subdivision 9, approximately three inches square. The emblem must
be large enough to be visible plainly from a distance of 50 feet. An applicant eligible
for a disability plate or plates shall pay the motor vehicle registration fee authorized
by sections 168.013 and 168.09.
    Subd. 2a. Plate transfer. (a) When motor vehicle ownership of a vehicle described
in subdivision 1, is transferred, the owner of the motor vehicle shall remove the disability
plate or plates. The buyer of the motor vehicle is entitled to receive a regular plate or plates
for the motor vehicle without further cost for the remainder of the registration period.
(b) Notwithstanding section 168.12, subdivision 1, the disability plate or plates
may be transferred to a replacement motor vehicle on notification to the commissioner.
However, the disability plate or plates may not be transferred unless the replacement
motor vehicle (1) is listed under section 168.012, subdivision 1, and, in case of a single
plate for a motorcycle, the replacement vehicle is a motorcycle, and (2) is owned or
primarily operated by the permanently physically disabled person.
    Subd. 2b. When not eligible. On becoming ineligible for the disability plate
or plates, the owner of the motor vehicle shall remove the disability plate or plates.
The owner may receive regular plates for the motor vehicle without further cost for the
remainder of the registration period.
    Subd. 3. Penalties for unauthorized use of plates. (a) A person who uses the
disability plate or plates or permit provided under this section on a motor vehicle in
violation of this section is guilty of a misdemeanor, and is subject to a fine of $500. This
subdivision does not preclude a person who is not physically disabled from operating a
motor vehicle bearing the disability plates or permit if:
(1) the person is the owner of the motor vehicle described in subdivision 1 and
permits its operation by a physically disabled person;
(2) the person operates the motor vehicle with the consent of the owner who is
physically disabled; or
(3) the person is the owner of the motor vehicle, is the custodial parent or guardian
of a permanently physically disabled minor, and operates the motor vehicle to transport
the minor.
(b) A driver who is not disabled is not entitled to the parking privileges provided
in this section and in section 169.346 unless parking the motor vehicle for a physically
disabled person.
    Subd. 4. Fees; disposition. All fees collected from the sale of a disability plate or
plates under this section must be deposited in the state treasury to the credit of the vehicle
services operating account under section 299A.705, subdivision 1.
    Subd. 5. Definitions. For the purposes of this section, the term "physically disabled
person" has the meaning given it in section 169.345, subdivision 2.
    Subd. 6. Driver's license law not affected. This section must not be construed to
revoke, limit, or amend chapter 171.

    Sec. 23. Minnesota Statutes 2010, section 168.12, subdivision 1, is amended to read:
    Subdivision 1. Plates; design, visibility, periods of issuance. (a) The commissioner,
upon approval and payment, shall issue to the applicant the plates required by this chapter,
bearing the state name and an assigned vehicle registration number. The number assigned
by the commissioner may be a combination of a letter or sign with figures. The color of the
plates and the color of the abbreviation of the state name and the number assigned must
be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably
indicate the registration of the vehicle according to the rules of the commissioner.
    (b) When a vehicle is registered on the basis of total gross weight, the plates issued
must clearly indicate by letters or other suitable insignia the maximum gross weight
for which the tax has been paid.
(c) Plates issued to a noncommercial vehicle must bear the inscription
"noncommercial" unless the vehicle is displaying a special plate authorized and issued
under this chapter.
(d) A one-ton pickup truck that is used for commercial purposes and is subject to
section 168.185, is eligible to display special plates as authorized and issued under this
chapter.
    (c) (e) The plates must be so treated as to be at least 100 times brighter than the
conventional painted number plates. When properly mounted on an unlighted vehicle, the
plates, when viewed from a vehicle equipped with standard headlights, must be visible for
a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
    (d) (f) The commissioner shall issue plates for the following periods:
    (1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a
vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be
transferable from one vehicle to another but the plate may be transferred with the vehicle
from one tax-exempt agency to another.
    (2) Plates issued for passenger automobiles must be issued for a seven-year period.
All plates issued under this paragraph must be replaced if they are seven years old or older
at the time of registration renewal or will become so during the registration period.
    (3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must
be for a seven-year period.
    (4) Plates issued under subdivisions 2c and 2d and section 168.123 must be issued
for the life of the veteran under section 169.79.
    (5) Plates for any vehicle not specified in clauses (1) to (3) must be issued for the
life of the vehicle.
    (e) (g) In a year in which plates are not issued, the commissioner shall issue for each
registration a sticker to designate the year of registration. This sticker must show the year
or years for which the sticker is issued, and is valid only for that period. The plates and
stickers issued for a vehicle may not be transferred to another vehicle during the period
for which the sticker is issued, except when issued for a vehicle registered under section
168.187 .
    (f) (h) Despite any other provision of this subdivision, plates issued to a vehicle
used for behind-the-wheel instruction in a driver education course in a public school
may be transferred to another vehicle used for the same purpose without payment of any
additional fee. The public school shall notify the commissioner of each transfer of plates
under this paragraph. The commissioner may prescribe a format for notification.

    Sec. 24. Minnesota Statutes 2010, section 168.12, subdivision 2b, is amended to read:
    Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
special plates, or a single license plate in the case of a motorcycle plate, to any applicant
who:
    (1) is a member of a fire department receiving state aid under chapter 69, has a
letter from the fire chief, and is an owner of a passenger automobile, a truck with a
manufacturer's nominal rated capacity of one ton and resembling a pickup truck, a one-ton
pickup truck, or a motorcycle;
    (2) pays a fee of $10 and any other fees required by this chapter;
    (3) pays the registration tax required by this chapter for the motor vehicle; and
    (4) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.
    (b) In lieu of the identification required under subdivision 1, the special plates must
bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
the commissioner.
    (c) Special plates issued under this subdivision may only be used during the period
that the owner of the motor vehicle is a member of a fire department as specified in this
subdivision. When the individual to whom the special plates were issued is no longer a
member of a fire department or when the motor vehicle ownership is transferred, the
owner shall remove the special plates from the motor vehicle. If the commissioner
receives written notification that an individual is no longer qualified for these special
plates, the commissioner shall invalidate the plates and notify the individual of this
action. The individual may retain the plate only upon demonstrating compliance with the
qualifications of this subdivision. Upon removal or invalidation of the special plates, or
special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
regular plates or a regular motorcycle plate for the proper registration classification for
the motor vehicle.
    (d) A special motorcycle license plate issued under this subdivision must be the
same size as a standard motorcycle license plate.
    (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
automobile or truck may be transferred to another passenger automobile or truck owned
or jointly owned by the person to whom the plates were issued. On payment of a fee of
$5, a plate issued under this subdivision for a motorcycle may be transferred to another
motorcycle owned or jointly owned by the person to whom the plate was issued.
    (f) The commissioner may adopt rules under the Administrative Procedure Act,
sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized
in this subdivision.

    Sec. 25. Minnesota Statutes 2010, section 168.12, subdivision 5, is amended to read:
    Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax
otherwise imposed upon any vehicle, the payment of which is required as a condition to
the issuance of any plate or plates, the commissioner shall impose the fee specified in
paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
or plates, except for plates issued to disabled veterans as defined in section 168.031 and
plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17,
for passenger automobiles. The commissioner shall issue graphic design plates only
for vehicles registered pursuant to section 168.017 and recreational vehicles registered
pursuant to section 168.013, subdivision 1g.
    (b) Unless otherwise specified or exempted by statute, the following plate and
validation sticker fees apply for the original, duplicate, or replacement issuance of a
plate in a plate year:

	License Plate				Single		Double
		Regular and Disability		$	4.50	$	6.00
		Special		$	8.50	$	10.00
		Personalized (Replacement)		$	10.00	$	14.00
		Collector Category		$	13.50	$	15.00
		Emergency Vehicle Display		$	3.00	$	6.00
		Utility Trailer Self-Adhesive		$	2.50
		Vertical Motorcycle Plate		$	100.00		NA
	Stickers
		Duplicate year		$	1.00	$	1.00
		International Fuel Tax Agreement		$	2.50

    (c) For vehicles that require two of the categories above, the registrar shall only
charge the higher of the two fees and not a combined total.
(d) As part of procedures for payment of the fee under paragraph (b), the
commissioner shall allow a vehicle owner to add to the fee a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.

    Sec. 26. Minnesota Statutes 2010, section 168.123, subdivision 1, is amended to read:
    Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:
(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions,
and is a registered owner of a passenger automobile, recreational motor vehicle, or truck
resembling a pickup truck and having a manufacturer's nominal rated capacity of one ton
one-ton pickup truck, but which is not a commercial motor vehicle as defined in section
169.011, subdivision 16 ; or
(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
and in subdivision 2, paragraph (a), (f), (h), (i), or (j). Plates issued under this clause must
be the same size as regular motorcycle plates. Special motorcycle license plates issued
under this clause are not subject to section 168.1293.
(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.
(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.
(d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.

    Sec. 27. Minnesota Statutes 2010, section 168A.11, subdivision 4, is amended to read:
    Subd. 4. Centralized record keeping. Three Two or more new motor vehicle
dealers under common management or control may designate apply to the department
in writing a single location for maintaining for permission to maintain the records
required by this section that are more than 12 months old and section 168.27, subdivision
10, paragraph (a), clause (1), item (i), at a single location. The department shall not
unreasonably withhold its consent to the application. The records must be open to
inspection by a representative of the department or a peace officer during reasonable
business hours. The location must be at the established place of business of one of the
affiliated dealers or at a location within Minnesota not further than 25 miles from the
established place of business of one of the affiliated dealers.

    Sec. 28. Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to
read:
    Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned
by or contracting with exclusively contracted solely for public use by a unit of government
under section 168B.09.

    Sec. 29. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
    Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means a motor
vehicle bicycle with two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirements:
(i) of federal motor vehicle safety standards in Code of Federal Regulations, title 49,
sections 571.1 et seq.; or
(ii) for bicycles under Code of Federal Regulations, title 15, part 1512, and successor
requirements; and
(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
incapable of further increasing the speed of the device when human power alone is used
to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
ceases to function when the vehicle's brakes are applied.

    Sec. 30. Minnesota Statutes 2010, section 169.035, subdivision 1, is amended to read:
    Subdivision 1. Working on highway. (a) The provisions of this chapter shall not
apply to persons, motor vehicles, and other equipment while actually engaged in work
upon the highway, except as provided in paragraphs (b) and (c).
(b) This chapter shall apply to those persons and vehicles when traveling to or
from such work, except that persons operating equipment owned, rented or hired by
road authorities shall be exempt from the width, height and length provisions of sections
169.80 and 169.81 and shall be exempt from the weight limitations of this chapter while
performing the following actions on behalf of the state or a local governmental unit:
(1) while loading, readying, or moving the vehicles or equipment in preparation for
combating anticipated slippery road conditions or removing snow or ice;
(2) while actually engaged in snow or ice removal and or combating slippery road
conditions, including but not limited to pretreatment and anti-icing activities; or
(3) while engaged in flood control operations on behalf of the state or a local
governmental unit.
(c) Chapter 169A and section 169.444 apply to persons while actually engaged in
work upon the highway.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 31. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision
to read:
    Subd. 4. Trains. (a) For purposes of this subdivision, "railroad operator" means
a person who is a locomotive engineer, conductor, member of the crew of a railroad
locomotive or train, or an operator of on-track equipment.
(b) A peace officer may not issue a citation for violation of this chapter or chapter
171 to a railroad operator involving the operation of a railroad locomotive or train, or
on-track equipment while being operated upon rails.
(c) Notwithstanding section 171.08, a railroad operator is not required to display or
furnish a driver's license to a peace officer in connection with the operation of a railroad
locomotive or train, or on-track equipment while being operated upon rails.

    Sec. 32. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
    Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow shall be used, except for
special pedestrian signals carrying a word or legend. The traffic-control signal lights or
colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
    (1) Green indication:
    (i) Vehicular traffic facing a circular green signal may proceed straight through or
turn right or left unless a sign at such place prohibits either turn. But vehicular traffic,
including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
is exhibited. Vehicular traffic turning left or making a U-turn to the left shall yield the
right-of-way to other vehicles approaching from the opposite direction so closely as to
constitute an immediate hazard.
    (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, may cautiously enter the intersection only to make the movement
indicated by the arrow, or other movement as permitted by other indications shown at the
same time. Such Vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the intersection.
    (iii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
time that the green signal indication is first shown.
    (2) Steady yellow indication:
    (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
warned that the related green movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic must not enter the intersection,
except for the continued movement allowed by any green arrow indication simultaneously
exhibited.
    (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.
    (3) Steady red indication:
    (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
stop line but, if none, before entering the crosswalk on the near side of the intersection
or, if none, then before entering the intersection and shall remain standing until a green
indication is shown, except as follows: (A) the driver of a vehicle stopped as close
as practicable at the entrance to the crosswalk on the near side of the intersection or,
if none, then at the entrance to the intersection in obedience to a red or stop signal,
and with the intention of making a right turn may make the right turn, after stopping,
unless an official sign has been erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
one-way street on which traffic moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into the one-way street, unless an official sign has
been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
other traffic lawfully proceeding as directed by the signal at that intersection.
    (ii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
    (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
before entering the crosswalk on the near side of the intersection or, if none, then before
entering the intersection and must remain standing until a permissive signal indication
permitting the movement indicated by the red arrow is displayed, except as follows: when
an official sign has been erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to enter the intersection to turn
right, or to turn left from a one-way street into a one-way street on which traffic moves
to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
lawfully proceeding as directed by the signal at that intersection.
    (b) In the event an official traffic-control signal is erected and maintained at a place
other than an intersection, the provisions of this section are applicable except those which
can have no application. Any stop required must be made at a sign or marking on the
pavement indicating where the stop must be made, but in the absence of any such sign or
marking the stop must be made at the signal.
    (c) When a traffic-control signal indication or indications placed to control a certain
movement or lane are so identified by placing a sign near the indication or indications,
no other traffic-control signal indication or indications within the intersection controls
vehicular traffic for that movement or lane.

    Sec. 33. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
    Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall
require obedience by vehicular traffic as follows:
(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
on the near side of the intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the intersecting roadway
before entering the intersection, and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
vehicles with the intention of making a movement indicated by the arrow shall stop at a
clearly marked stop line, but if none, before entering the crosswalk on the near side of
the intersection, or if none, then at the point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after making a
stop at a stop sign.
(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
of vehicles may proceed through the intersection or past the signals only with caution. But
vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
shall yield the right-of-way to other vehicles approaching from the opposite direction so
closely as to constitute an immediate hazard.
(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
drivers of vehicles with the intention of making a movement indicated by the arrow may
proceed through the intersection or past the signals only with caution., but shall yield
the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
the opposite direction so closely as to constitute an immediate hazard.

    Sec. 34. Minnesota Statutes 2010, section 169.19, subdivision 5, is amended to read:
    Subd. 5. Signal to turn. A signal of intention to turn right or left shall be given
continuously during not less than the last 100 feet traveled by the vehicle before turning.
A person whose vehicle is exiting a roundabout is exempt from the requirement in this
subdivision.

    Sec. 35. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
    Subd. 5. Other operation requirements and prohibitions. (a) A person operating
a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
or edge of the roadway except in one of the following situations:
(1) when overtaking and passing another vehicle proceeding in the same direction;
(2) when preparing for a left turn at an intersection or into a private road or
driveway; or
(3) when reasonably necessary to avoid conditions, including fixed or moving
objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
it unsafe to continue along the right-hand curb or edge.
(b) Persons operating motorized bicycles on a roadway may not ride more than two
abreast and may not impede the normal and reasonable movement of traffic. On a laned
roadway, a person operating a motorized bicycle shall ride within a single lane.
(c) This section does not permit the operation of a motorized bicycle on a bicycle
path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic, except
that an electric-assisted bicycle may be operated on the path or lane if not otherwise
prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d);
or 160.263, subdivision 2, paragraph (b), as applicable.
(d) Subject to the provisions of section 160.263, subdivision 3, A person may
operate an electric-assisted bicycle on a bikeway or bicycle lane trail. A person may
operate an electric-assisted bicycle on the shoulder of a roadway if the electric-assisted
bicycle is traveling in the same direction as the adjacent vehicular traffic.

    Sec. 36. Minnesota Statutes 2010, section 169.306, is amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) The commissioner of transportation A road authority, as defined in section
160.02, subdivision 25, is authorized to permit the use by transit buses and Metro Mobility
buses the use of a shoulder, as designated by the commissioner road authority, of a
freeway or expressway, as defined in section 160.02, in Minnesota.
(b) If the commissioner a road authority permits the use of a freeway or expressway
shoulder by transit buses, the commissioner road authority shall permit the use on that
shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
carrier of passengers, as defined in section 221.012, subdivision 26, while operating in
intrastate commerce or (2) providing regular route transit service, as defined in section
174.22, subdivision 8 , or Metro Mobility services, and operated by or under contract
with the Metropolitan Council, a local transit authority, or a transit authority created by
the legislature. Drivers of these buses must have adequate training in the requirements of
paragraph (c), as determined by the commissioner.
(c) Buses authorized to use the shoulder under this section may be operated on
the shoulder only when main-line traffic speeds are less than 35 miles per hour, except
as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
not exceed the speed of main-line traffic by more than 15 miles per hour and may never
exceed 35 miles per hour, except as provided for in paragraph (f). Drivers of buses being
operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
the Department of Transportation.
(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:
(1) operated by or under contract with a public or private entity receiving financial
assistance to provide transit services from the Metropolitan Council or the commissioner
of transportation; and
(2) authorized by the commissioner a road authority to use freeway or expressway
shoulders.
(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
(f) The commissioner may authorize different operating conditions and maximum
speeds, not to exceed the posted speed limit, based upon an engineering study and
recommendation by the road authority. The engineering study must be conducted by the
road authority and must conform with the manual and specifications adopted under section
169.06, subdivision 1, and applicable state and federal standards. The road authority shall
consult the public transit operator before recommending operating conditions different
from those authorized by law.

    Sec. 37. Minnesota Statutes 2010, section 169.345, subdivision 1, is amended to read:
    Subdivision 1. Scope of privilege. (a) A motor vehicle described in section 168.021,
subdivision 1, paragraph (a), that prominently displays the certificate authorized by this
section or that bears the disability plate or plates issued under section 168.021 may be
parked by or solely for the benefit of a physically disabled person:
(1) in a designated parking space for disabled persons, as provided in section
169.346 ;
(2) in a metered parking space without obligation to pay the meter fee and without
time restrictions unless time restrictions are separately posted on official signs; and
(3) without time restrictions in a nonmetered space where parking is otherwise
allowed for passenger vehicles but restricted to a maximum period of time and that does
not specifically prohibit the exercise of disabled parking privileges in that space.
A person may park a motor the vehicle for a physically disabled person in a parking space
described in clause (1) or (2) only when actually transporting the physically disabled
person for the sole benefit of that person and when the parking space is within a reasonable
distance from the drop-off point.
(b) For purposes of this subdivision, a certificate is prominently displayed if it is
displayed so that it may be viewed from the front and rear of the motor vehicle by hanging
it from the rearview mirror attached to the front windshield of the motor vehicle or, in
the case of a motorcycle, is secured to the vehicle. If there is no rearview mirror or if the
certificate holder's disability precludes placing the certificate on the mirror, the certificate
must be displayed on the dashboard on the driver's side of the vehicle. No part of the
certificate may be obscured.
(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
permit parking in areas prohibited by sections 169.32 and 169.34, in designated no
parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
governmental unit may, by ordinance, prohibit parking on any street or highway to create
a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
these ordinances also apply to physically disabled persons.

    Sec. 38. Minnesota Statutes 2010, section 169.345, subdivision 3, is amended to read:
    Subd. 3. Identifying certificate. (a) The commissioner shall issue (1) immediately,
a permit valid for 30 days if the person is eligible for the certificate issued under this
section and (2) an identifying certificate for a motor vehicle described in section 168.021,
subdivision 1, paragraph (a), when a physically disabled applicant submits proof of
physical disability under subdivision 2a. The commissioner shall design separate
certificates for persons with permanent and temporary disabilities that can be readily
distinguished from each other from outside a motor vehicle at a distance of 25 feet or, in
the case of a motorcycle, can be readily secured to the motorcycle. An applicant may be
issued up to two certificates if the applicant has not been issued disability plates under
section 168.021.
(b) The operator of a motor vehicle displaying a certificate has the parking
privileges provided in subdivision 1 only while the motor vehicle is actually parked while
transporting a physically disabled person.
(c) The commissioner shall cancel all certificates issued to an applicant who fails to
comply with the requirements of this subdivision.

    Sec. 39. Minnesota Statutes 2010, section 169.346, subdivision 3, is amended to read:
    Subd. 3. Misdemeanor; enforcement. A person who violates subdivision 1 is
guilty of a misdemeanor and must be fined not less than $100 and not more than $200. This
subdivision must be enforced in the same manner as parking ordinances or regulations in
the governmental subdivision in which the violation occurs. Law enforcement officers
may tag motor vehicles parked on either private or public property in violation of
subdivision 1. Parking enforcement employees or agents of statutory or home rule charter
cities or towns may tag or otherwise issue citations for motor vehicles parked on public
property in violation of subdivision 1. If a holder of a disability certificate or disability
plates allows a person who is not otherwise eligible to use the certificate or plates, then
the holder is not eligible to be issued or to use a disability certificate or plates for 12
months after the date of violation. Except when the permit or certificate is expired by, or is
otherwise invalid for, more than 90 days, a physically disabled person, or a person parking
a motor vehicle for a disabled person, who is charged with violating subdivision 1 because
the person parked in a parking space for physically disabled persons without the required
certificate, license plates, or permit must not be convicted if the person (1) produces in
court or before the court appearance the required certificate, permit, or evidence that the
person has been issued plates under section 168.021, (2) surrenders the expired permit or
certificate, and (3) demonstrates entitlement to the certificate, plates, or permit at the time
of arrest or tagging. To be valid, the certificate or permit must show that it is owned by the
same person that owned the expired certificate or permit displayed at the time the tag was
issued. The registered vehicle owner is subject to the provisions of this subdivision.

    Sec. 40. Minnesota Statutes 2010, section 169.4503, is amended by adding a
subdivision to read:
    Subd. 28. Crossing control arm. All buses manufactured for use in Minnesota after
January 1, 2012, must be equipped with a crossing control arm mounted at the right front
corner of the front bumper. The crossing control arm must be automatically activated
whenever the bus is stopped with the flashing red signals in use.

    Sec. 41. Minnesota Statutes 2010, section 169.64, subdivision 2, is amended to read:
    Subd. 2. Colored light. (a) Unless otherwise authorized by the commissioner of
public safety, no vehicle shall be equipped, nor shall any person drive or move any vehicle
or equipment upon any highway with any lamp or device displaying a red light or any
colored light other than those required or permitted in this chapter.
(b) A vehicle manufactured for use as an emergency vehicle may display and use
colored lights that are not otherwise required or permitted in this chapter, provided that
the vehicle is owned and operated according to section 168.10, is owned and operated
solely as a collector's item and not for general transportation purposes, and is registered
under section 168.10, subdivision 1a, 1b, 1c, 1d, 1g, or 1h. A person may not activate the
colored lights authorized under this paragraph on streets or highways except as part of
a parade or other special event.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 42. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
    Subd. 6. Exceptions. (a) This section does not apply to:
(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available;
(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituted;
(3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; and
(4) a person while operating a school bus; and that has a gross vehicle weight rating
of greater than 10,000 pounds.
(5) a person while operating a type III vehicle described in section 169.011,
subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
title 49, part 571.
(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.
(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.

    Sec. 43. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
    Subd. 4. Display and inspection of permit. Every such A permit shall must be
carried in the vehicle or combination of vehicles to which it refers and shall must be open
to inspection by any police peace officer or authorized agent of any authority granting
such the permit, and. A permit may be carried in electronic format if it is easily read. No
person shall violate any of the terms or conditions of such a special permit.

    Sec. 44. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
    Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. All such fees for permits issued by the commissioner of transportation shall
must be deposited in the state treasury and credited to the trunk highway fund. Except
for those annual permits for which the permit fees are specified elsewhere in this chapter,
the fees shall be are:
    (a) $15 for each single trip permit.
    (b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.
    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:
    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;
    (2) motor vehicles which that travel on interstate highways and carry loads
authorized under subdivision 1a;
    (3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a ;
    (4) special pulpwood vehicles described in section 169.863;
    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
    (6) noncommercial transportation of a boat by the owner or user of the boat;
    (7) motor vehicles carrying bales of agricultural products authorized under section
169.862 ; and
(8) special milk-hauling vehicles authorized under section 169.867.
    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:
    (1) mobile cranes;
    (2) construction equipment, machinery, and supplies;
    (3) manufactured homes and manufactured storage buildings;
    (4) implements of husbandry;
    (5) double-deck buses;
    (6) commercial boat hauling and transporting waterfront structures, including but
not limited to portable boat docks and boat lifts;
    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
    (e) For vehicles which that have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, an additional cost added to the fees listed above. However,
this paragraph applies to any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The additional cost is equal
to the product of the distance traveled times the sum of the overweight axle group cost
factors shown in the following chart:

		Overweight Axle Group Cost Factors
	Weight (pounds)		Cost Per Mile For Each Group Of:
	exceeding weight limitations on axles		Two consecutive axles spaced within 8 feet or less		Three consecutive axles spaced within 9 feet or less		Four consecutive axles spaced within 14 feet or less
	0-2,000		.12		.05		.04
	2,001-4,000		.14		.06		.05
	4,001-6,000		.18		.07		.06
	6,001-8,000		.21		.09		.07
	8,001-10,000		.26		.10		.08
	10,001-12,000		.30		.12		.09
	12,001-14,000		Not permitted		.14		.11
	14,001-16,000		Not permitted		.17		.12
	16,001-18,000		Not permitted		.19		.15
	18,001-20,000		Not permitted		Not permitted		.16
	20,001-22,000		Not permitted		Not permitted		.20

The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.
    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:

	Gross Weight (pounds) of Vehicle		Annual Permit Fee
	90,000	or less	$200
	90,001	- 100,000	$300
	100,001	- 110,000	$400
	110,001	- 120,000	$500
	120,001	- 130,000	$600
	130,001	- 140,000	$700
	140,001	- 145,000	$800
	145,001	- 155,000	$900

If the gross weight of the vehicle is more than 145,000 155,000 pounds the permit fee is
determined under paragraph (e).
    (g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.
    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
pounds.
    (i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
    (1) in fiscal years 2005 through 2010:
    (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
for costs related to administering the permit program and inspecting and posting bridges;
    (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
and signing account in the special revenue fund. Money in the account is appropriated
to the commissioner for:
    (A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
    (B) erection of weight-posting signs on local bridges; and
    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.
    (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 45. Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read:
    Subd. 1b. Speed. The uniform traffic ticket must provide a blank or space wherein
an officer who issues a citation for a violation of a speed limit of 55 or 60 miles per
hour must specify whether the speed was greater than ten miles per hour in excess of a
55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles
per hour the speed limit.

    Sec. 46. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:
    Subdivision 1. Revocation periods for DWI convictions. Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:
    (1) not less than 30 days for an offense under section 169A.20, subdivision 1
(driving while impaired crime), not less than 30 days;
    (2) not less than 90 days for an offense under section 169A.20, subdivision 2 (refusal
to submit to chemical test crime), not less than 90 days;
    (3) not less than one year for:
(i) an offense occurring within ten years of a qualified prior impaired driving
incident, or;
(ii) an offense occurring after two qualified prior impaired driving incidents, not
less than one year,; or if
(iii) an offense occurring when a person has an alcohol concentration of twice the
legal limit or more as measured at the time, or within two hours of the time, of the offense
and the person has no qualified prior impaired driving incident within ten years;
(4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
and the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years and until the court has certified that treatment or rehabilitation
has been successfully completed where prescribed in accordance with section 169A.70
(chemical use assessments);
    (4) (5) not less than three years for an offense occurring within ten years of the
first of two qualified prior impaired driving incidents or occurring after three qualified
prior impaired driving incidents, not less than three years, together and with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner; and
    (5) (6) not less than four years for an offense occurring within ten years of the first of
three qualified prior impaired driving incidents, not less than four years, together and with
denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
according to standards established by the commissioner; or
(6) (7) not less than six years for an offense occurring after four or more qualified
prior impaired driving incidents, not less than six years, together and with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner.
EFFECTIVE DATE.This section is effective July 1, 2011.

    Sec. 47. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
    Subd. 6. Applicability of implied consent revocation. (a) Any person whose
license has been revoked pursuant to section 169A.52 (license revocation for test failure
or refusal) as the result of the same incident, and who does not have a qualified prior
impaired driving incident, is subject to the mandatory revocation provisions of subdivision
1, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52.
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked under subdivision 2 (driving while
impaired by person under age 21); or
(2) a person whose driver's license has been revoked for, or who is charged with,
(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
within two hours, of the time of the offense; or (ii) a violation of section 169A.20 (driving
while impaired) with an aggravating factor described in section 169A.03, subdivision
3 , clause (2) or (3).
EFFECTIVE DATE.This section is effective July 1, 2011.

    Sec. 48. Minnesota Statutes 2010, section 171.03, is amended to read:
171.03 PERSONS EXEMPT.
    The following persons are exempt from license hereunder:
    (a) A person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the United
States federal government.
    (b) A person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C commercial
driver's license while driving or operating for military purposes a commercial motor
vehicle for the United States federal government if the person is:
    (1) on active duty in the U. S. Coast Guard;
    (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
Air Force, Navy, and Marine Corps;
    (3) a member of a reserve component of the U. S. armed forces; or
    (4) on active duty in the Army National Guard or Air National Guard, which
includes (i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military technician, who is a
civilian required to wear a military uniform.
The exemption provided under this paragraph does not apply to a U. S. armed forces
reserve technician.
    (c) Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7 , are not implements of husbandry.
    (d) A nonresident who is at least 15 years of age and who has in immediate
possession a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.
    (e) A nonresident who has in immediate possession a valid commercial driver's
license issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
    (f) Any nonresident who is at least 18 years of age, whose home state or country does
not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
period of not more than 90 days in any calendar year, if the motor vehicle so operated is
duly registered for the current calendar year in the home state or country of the nonresident.
    (g) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid driver's license issued to the person under and pursuant to the laws of
some other state or jurisdiction or by military authorities of the United States may operate
a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
a resident of this state, without being required to have a Minnesota driver's license as
provided in this chapter.
    (h) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or jurisdiction in
accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
for not more than 30 days after becoming a resident of this state.
    (i) Any person operating a snowmobile, as defined in section 84.81, is exempt.
(j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a),
is exempt while operating a railroad locomotive or train, or on-track equipment while
being operated upon rails. This exemption includes operation while crossing a street or
highway, whether public or private.

    Sec. 49. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:
    Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision
in subdivision 1 to the contrary, the department may issue an instruction permit to an
applicant who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in another state, has a previously
issued valid license from another state, or is enrolled in either:
(i) the applicant is enrolled in behind-the-wheel training in a public, private, or
commercial driver education program that utilizes simulation or behind-the-wheel
instruction and that is approved by the commissioner of public safety; and
(ii) the applicant:
(A) has successfully completed the classroom phase of instruction in a public,
private, or commercial driver education program that is approved by the commissioner of
public safety and that includes classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program;
(B) has successfully completed home-school driver training, when the student is
receiving full-time instruction in a home school within the meaning of sections 120A.22
and 120A.24, the student is working toward a homeschool home-school diploma,
the student's status as a homeschool home-school student has been certified by the
superintendent of the school district in which the student resides, and the student is
taking home-classroom driver training with classroom materials are approved by the
commissioner of public safety;
(C) has completed an Internet-based theory driver education program that is
approved by the commissioner of public safety; or
(D) concurrent to the instruction under item (i), is enrolled in the classroom phase of
instruction in a public, private, or commercial driver education program that is approved
by the commissioner of public safety, and completes 15 hours of classroom instruction and
one behind-the-wheel lesson with an instructor;
(2) has completed the classroom phase of instruction in the driver education program;
(3) (2) has passed a test of the applicant's eyesight;
(4) (3) has passed a department-administered test of the applicant's knowledge
of traffic laws;
(5) (4) has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise,
then (ii) the parent or spouse of the parent having custody or, in the event there is no court
order for custody, then (iii) the parent or spouse of the parent with whom the minor is
living or, if items (i) to through (iii) do not apply, then (iv) the guardian having custody of
the minor, (v) the foster parent or the director of the transitional living program in which
the child resides or, in the event a person under the age of 18 has no living father, mother,
or guardian, then (v) the foster parent or the director of the transitional living program
in which the child resides or, if items (i) through (v) do not apply or the minor applicant
is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult
close family member, or adult employer; provided, that the approval required by this
clause contains a verification of the age of the applicant and the identity of the parent,
guardian, foster parent, program director, adult spouse, adult close family member, or
adult employer; and
(6) (5) has paid the fee all fees required in section 171.06, subdivision 2.
(b) The instruction permit is valid for two years from the date of application and
may be renewed upon payment of a fee equal to the fee for issuance of an instruction
permit under section 171.06, subdivision 2.
(c) A provider of an Internet-based theory driver education program approved by
the commissioner shall issue a certificate of completion to each person who successfully
completes the program. The commissioner shall furnish numbered certificate forms to
approved providers who shall pay the commissioner a fee of $2 for each certificate. The
commissioner shall deposit proceeds of the fee in the driver services operating account in
the special revenue fund. The commissioner shall terminate the fee when the department
has fully recovered its costs to implement Internet driver education under this section.
Proceeds from the fee under this paragraph are annually appropriated to the commissioner
from the driver services operating account for administrative costs to implement Internet
driver education.

    Sec. 50. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
as follows:

	Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
	Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
	Enhanced Driver's License		D-$37.25	C-$41.25	B-$48.25	A-$56.25
	Instruction Permit					$10.25
	Enhanced Instruction Permit					$25.25
	Provisional License					$13.25
	Enhanced Provisional License					$28.25
	Duplicate License or duplicate identification card					$11.75
	Enhanced Duplicate License or enhanced duplicate identification card					$26.75
	Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25
	Enhanced Minnesota identification card					$31.25

    In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
credited to the driver and vehicle services technology account in the special revenue fund
under section 299A.705.
    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.
    (c) In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.
(d) In addition to the instruction permit fee required under paragraph (a), the
commissioner shall collect an additional $5 program implementation fee from an applicant
who is enrolled in concurrent driver education instruction as provided in section 171.05,
subdivision 2, paragraph (a), clause (1)(ii)(D). The commissioner shall terminate the fee
under this paragraph when the department has fully recovered its costs to implement
concurrent classroom phase and behind-the-wheel instruction under section 171.05.
The commissioner shall deposit proceeds of the fee in the driver services operating
account in the special revenue fund. Proceeds from the fee under this paragraph are
annually appropriated to the commissioner from the driver services operating account for
administrative costs to implement concurrent driver education.
(e) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the
purposes of public information and education on anatomical gifts under section 171.075.

    Sec. 51. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
each application. Except as provided in paragraph (b) (c), the fee shall cover all expenses
involved in receiving, accepting, or forwarding to the department the applications and
fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and
171.07 , subdivisions 3 and 3a.
(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
by credit card or debit card. The driver's license agent may collect a convenience fee on
the statutory fees and filing fees not greater than the cost of processing a credit card or
debit card transaction. The convenience fee must be used to pay the cost of processing
credit card and debit card transactions. The commissioner shall adopt rules to administer
this paragraph, using the exempt procedures of section 14.386, except that section 14.386,
paragraph (b), does not apply.
(b) (c) The department shall maintain the photo identification equipment for all
agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
discontinuance of an existing agent, and if a new agent is appointed in an existing office
pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
Rules, part 7404.0400, the department shall provide and maintain photo identification
equipment without additional cost to a newly appointed agent in that office if the office
was provided the equipment by the department before January 1, 2000. All photo
identification equipment must be compatible with standards established by the department.
(c) (d) A filing fee retained by the agent employed by a county board must be paid
into the county treasury and credited to the general revenue fund of the county. An
agent who is not an employee of the county shall retain the filing fee in lieu of county
employment or salary and is considered an independent contractor for pension purposes,
coverage under the Minnesota State Retirement System, or membership in the Public
Employees Retirement Association.
(d) (e) Before the end of the first working day following the final day of the
reporting period established by the department, the agent must forward to the department
all applications and fees collected during the reporting period except as provided in
paragraph (c) (d).
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 52. Minnesota Statutes 2010, section 171.0701, is amended to read:
171.0701 DRIVER EDUCATION CONTENT.
    Subdivision 1. Driver education requirements. (a) The commissioner shall adopt
rules requiring a minimum of 30 minutes of instruction, beginning January 1, 2007,
relating to organ and tissue donations and the provisions of section 171.07, subdivision
5 , for persons enrolled in driver education programs offered at public schools, private
schools, and commercial driver training schools.
    (b) The commissioner shall adopt rules for persons enrolled in driver education
programs offered at public schools, private schools, and commercial driver training
schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
awareness and safe interaction with commercial motor vehicle traffic. The rules must
require classroom instruction and behind-the-wheel training that includes, but is not
limited to, truck stopping distances, proper distances for following trucks, identification of
truck blind spots, and avoidance of driving in truck blind spots.
    (c) By January 1, 2012, the commissioner shall adopt rules for persons enrolled in
driver education programs offered at public schools, private schools, and commercial
driver training schools, requiring inclusion in the course of instruction of a section on
carbon monoxide poisoning. The instruction must include but is not limited to (1)
a description of the characteristics of carbon monoxide, (2) a review of the risks and
potential speed of death from carbon monoxide poisoning, and (3) specific suggestions
regarding vehicle idling practices.
    Subd. 2. Rulemaking. The rules adopted by the commissioner under paragraph
(b) this section are exempt from the rulemaking provisions of chapter 14. The rules are
subject to section 14.386, except that notwithstanding paragraph (b) of section 14.386, the
rules continue in effect until repealed or superseded by other law or rule.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 53. [171.0703] INTERNET-BASED DRIVER EDUCATION.
The commissioner shall include in administrative rules on Internet-based theory
driver education programs, a requirement that a program may offer no more than three
hours of instruction per day to a student.

    Sec. 54. [171.075] ANATOMICAL GIFTS.
    Subdivision 1. Anatomical gift account. An anatomical gift account is established
in the special revenue fund. The account consist of funds donated under sections 168.12,
subdivision 5, and 171.06, subdivision 2, and any other money donated, allotted,
transferred, or otherwise provided to the account. Money in the account is annually
appropriated to the commissioner for (1) grants under subdivision 2, and (2) administrative
expenses in implementing the donation and grant program.
    Subd. 2. Anatomical gift education grants. (a) The commissioner shall make
grants to (1) a Minnesota organ procurement organization that is certified by the federal
Centers for Medicare and Medicaid Services; or (2) an entity that is a charitable entity
under section 501(c)(3) of the Internal Revenue Code, as defined in section 289A.02,
subdivision 7, and is dedicated to advocacy for organ, tissue, and eye donation.
(b) From a grant under this section, the recipient shall provide resources and
implement programs designed to increase the number of Minnesotans who register to
be organ, tissue, and eye donors.

    Sec. 55. Minnesota Statutes 2010, section 171.12, subdivision 6, is amended to read:
    Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph
(b), the department shall not keep on the record of a driver any conviction for a violation
of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
than ten miles per hour in excess of a 55 miles per hour the speed limit, or more than five
miles per hour in excess of a 60 miles per hour speed limit.
(b) This subdivision does not apply to (1) a violation that occurs in a commercial
motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
driver's license, without regard to whether the violation was committed in a commercial
motor vehicle or another vehicle.

    Sec. 56. Minnesota Statutes 2010, section 171.13, subdivision 1, is amended to read:
    Subdivision 1. Examination subjects and locations; provisions for color
blindness, disabled veterans. (a) Except as otherwise provided in this section, the
commissioner shall examine each applicant for a driver's license by such agency as the
commissioner directs. This examination must include:
(1) a test of the applicant's eyesight;
(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; knowledge of (ii) the effects
of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally,
and of the legal penalties and financial consequences resulting from violations of laws
prohibiting the operation of a motor vehicle while under the influence of alcohol or
drugs; knowledge of (iii) railroad grade crossing safety; knowledge of (iv) slow-moving
vehicle safety; knowledge of (v) laws relating to pupil transportation safety, including the
significance of school bus lights, signals, stop arm, and passing a school bus; knowledge
of (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon
monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control
in the operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways,
provided, further however,.
(b) Notwithstanding paragraph (a), no driver's license shall may be denied an
applicant on the exclusive grounds that the applicant's eyesight is deficient in color
perception. Provided, however, that War veterans operating motor vehicles especially
equipped for disabled persons, shall, if otherwise entitled to a license, must be granted
such license.
(c) The commissioner shall make provision for giving these the examinations under
this subdivision either in the county where the applicant resides or at a place adjacent
thereto reasonably convenient to the applicant.
EFFECTIVE DATE.This section is effective January 1, 2012.

    Sec. 57. Minnesota Statutes 2010, section 171.13, is amended by adding a subdivision
to read:
    Subd. 1l. Driver's manual; carbon monoxide. The commissioner shall include in
each edition of the driver's manual published by the department after August 1, 2011, a
section that includes up-to-date lifesaving information on carbon monoxide poisoning.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 58. Minnesota Statutes 2010, section 171.27, is amended to read:
171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
(a) The expiration date for each driver's license, other than under-21 licenses, is the
birthday of the driver in the fourth year following the date of issuance of the license. The
birthday of the driver shall be as indicated on the application for a driver's license. A
license may be renewed on or before expiration or within one year after expiration upon
application, payment of the required fee, and passing the examination required of all
drivers for renewal. Driving privileges shall be extended or renewed on or preceding the
expiration date of an existing driver's license unless the commissioner believes that the
licensee is no longer qualified as a driver.
(b) The expiration date for each under-21 license shall be the 21st birthday of the
licensee. Upon the licensee attaining the age of 21 and upon the application, payment
of the required fee, and passing the examination required of all drivers for renewal, a
driver's license shall be issued unless the commissioner determines that the licensee is
no longer qualified as a driver.
(c) The expiration date for each provisional license is two years after the date of
application for the provisional license.
(d) Any valid Minnesota driver's license issued to a person then or subsequently on
active duty with serving outside Minnesota in active military service, as defined in section
190.05, subdivision 5, in any branch or unit of the armed forces of the United States, or
the person's spouse, shall continue in full force and effect without requirement for renewal
until 90 days after the date of the person's discharge from such service, provided that a
spouse's license must be renewed if the spouse is residing within the state at the time
the license expires or within 90 days after the spouse returns to Minnesota and resides
within the state. the date one year following the service member's separation or discharge
from active military service, and until the license holder's birthday in the fourth full year
following the person's most recent license renewal or, in the case of a provisional license,
until the person's birthday in the third full year following the renewal.
EFFECTIVE DATE.This section is effective July 1, 2011, and applies to
Minnesota drivers' licenses that are valid on or after that date.

    Sec. 59. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
    Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:
(1) suspended under section 171.18, 171.173, or 171.186;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);
(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306 ;
(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;
(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306 ;
(iv) 171.17; or
(v) 171.172; or
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;
(ii) subdivision 1, clause (2);
(iii) subdivision 1, clause (4), (5), or (6), or (7), if in compliance with section
171.306 ; or
(iv) subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or
(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
EFFECTIVE DATE.This section is effective July 1, 2011.

    Sec. 60. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
    Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance coverage, and may
require the insurance identification card provided be certified by the insurance company to
be noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.
(c) A program participant whose driver's license has been revoked under section
169A.52, subdivision 3 , paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3), or (4),
may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction.
(d) A program participant whose driver's license has been revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
clause (4), (5), or (6), or (7), may apply for a limited license, subject to the ignition
interlock restriction, if the program participant is enrolled in a licensed chemical
dependency treatment or rehabilitation program as recommended in a chemical use
assessment, and if the participant meets the other applicable requirements of section
171.30 . After completing a licensed chemical dependency treatment or rehabilitation
program and one year of limited license use without violating the ignition interlock
restriction, the conditions of limited license use, or program guidelines, the participant
may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction. If the program participant's ignition interlock device subsequently
registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
cancel the driver's license, and the program participant may apply for another limited
license according to this paragraph.
(e) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding 90 days.
EFFECTIVE DATE.This section is effective July 1, 2011.

    Sec. 61. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
to read:
    Subd. 9. Alternative financing and investment in transportation projects. (a)
The commissioner may enter into agreements with governmental or nongovernmental
entities, including private and nonprofit entities, to finance or invest in transportation
projects, including repayment agreements, subject to (1) the availability of state money
or other dedicated revenue or resources and (2) the approval of the commissioner of
management and budget.
(b) The commissioner shall submit to the chairs and ranking minority members of
the legislative committees having jurisdiction over transportation policy and finance,
a listing of all agreements executed under this subdivision. The listing must identify
each agreement, the contracting entities, contract amount, duration, and any repayment
requirements. The listing may be submitted electronically, and is subject to section 3.195,
subdivision 1.
(c) The commissioner may only use the authority granted under this subdivision
for one pilot project.

    Sec. 62. Minnesota Statutes 2010, section 174.56, is amended to read:
174.56 REPORT ON MAJOR HIGHWAY PROJECTS AND TRUNK
HIGHWAY FUND EXPENDITURES.
    Subdivision 1. Report required. (a) The commissioner of transportation shall
submit a report on January 15, 2009, and on January by December 15 of each year
thereafter, on (1) the status of major highway projects completed during the previous two
years or under construction or planned during the year of the report and for the ensuing 15
years; and (2) trunk highway fund expenditures.
(b) For purposes of this section, a "major highway project" is a highway project that
has a total cost for all segments that the commissioner estimates at the time of the report to
be at least (1) $25,000,000 $15,000,000 in the metropolitan highway construction district,
or (2) $10,000,000 $5,000,000 in any nonmetropolitan highway construction district.
    Subd. 2. Report contents; major highway projects. For each major highway
project the report must include:
    (1) a description of the project sufficient to specify its scope and location;
    (2) a history of the project, including, but not limited to, previous official actions
by the department or the appropriate area transportation partnership, or both, the date on
which the project was first included in the state transportation improvement plan, the cost
of the project at that time, the planning estimate for the project, the engineer's estimate, the
award price, the final cost as of six months after substantial completion, including any
supplemental agreements and cost overruns or cost savings, the dates of environmental
approval, the dates of municipal approval, the date of final geometric layout, and the date
of establishment of any construction limits;
    (3) the project's priority listing or rank within its construction district, if any, as
well as the reasons for that listing or rank, the criteria used in prioritization or rank, any
changes in that prioritization or rank since the project was first included in a department
work plan, and the reasons for those changes; and
    (4) past and potential future reasons for delay in letting or completing the project,
details of all project cost changes that exceed $500,000, and specific modifications to the
overall program that are made as a result of delays and project cost changes;
(5) two representative trunk highway construction projects, one each from the
department's metropolitan district and from greater Minnesota, and for each project report
the cost of environmental mitigation and compliance; and
(6) the annual budget for products and services for each Department of
Transportation district and office, with comparison to actual spending and including
measures of productivity for the previous fiscal year.
    Subd. 2a. Report contents; trunk highway fund expenditures. The commissioner
shall include in the report information on the total expenditures from the trunk highway
fund during the previous fiscal year, for each Department of Transportation district, in
the following categories: road construction; planning; design and engineering; labor;
compliance with environmental regulations; administration; acquisition of right-of-way,
including costs for attorney fees and other compensation for property owners; litigation
costs, including payment of claims, settlements, and judgments; maintenance; and road
operations.
    Subd. 3. Department resources. The commissioner shall prepare and submit the
report with existing department staff and resources.
EFFECTIVE DATE.This section is effective August 1, 2011, except that (1) the
changes in subdivision 2, clause (2), apply to projects that are substantially completed
on or after July 1, 2011; and (2) subdivision 2, clause (6), is effective beginning with the
report due by December 15, 2012.

    Sec. 63. Minnesota Statutes 2010, section 174.632, is amended to read:
174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.
(a) The planning, design, development, construction, operation, and maintenance of
passenger rail track, facilities, and services are governmental functions, serve a public
purpose, and are a matter of public necessity.
(b) The commissioner is responsible for all aspects of planning, designing,
developing, constructing, equipping, operating, and maintaining passenger rail, including
system planning, alternatives analysis, environmental studies, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
operating plans.
(c) The commissioner may enter into a memorandum of understanding or agreement
with a public or private entity, including a regional railroad authority, a joint powers board,
and a railroad, to carry out these activities.
(d) A contract entered into under this section does not affect rights of employees
under the Federal Employers' Liability Act (Railroads), United States Code, title 45,
chapter 2, or the federal Railway Labor Act, United States Code, title 45, chapter 8.

    Sec. 64. Minnesota Statutes 2010, section 174.80, is amended by adding a subdivision
to read:
    Subd. 5. Dan Patch line. "Dan Patch line" means the commuter rail line between
Northfield and Minneapolis identified in the Metropolitan Council's transit 2020 master
plan as the Dan Patch line.

    Sec. 65. Minnesota Statutes 2010, section 174.88, is amended by adding a subdivision
to read:
    Subd. 3. Dan Patch line. The commissioner and a political subdivision, including
but not limited to the Metropolitan Council and regional rail authorities, may not expend
funds for specific study, planning, preliminary engineering, final design, or construction of
the Dan Patch line.

    Sec. 66. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
read:
    Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
a waiver to a person who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
this subdivision applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be
operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive
under the waiver that are designed to accommodate the applicant's medical condition or
disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's certificate showing that the applicant is medically
unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course
of treatment prescribed by the physician, including the ability to self-monitor or manage
the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not
adversely affect the applicant's ability to operate a motor vehicle safely; and
(10) any other information considered necessary by the commissioner including
requiring a physical examination or medical report from a physician who specializes
in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose
conditions the commissioner considers necessary to ensure that an applicant is able to
operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from
the person's treating physician, or a medical specialist if the commissioner so requires in
the waiver, that contain the information described in paragraph (b), clause (9), together
with a description of any episode that involved the person's loss of consciousness or loss
of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.
(e) The commissioner shall deny an application if, during the three years preceding
the application:
(1) the applicant's driver's license has been suspended under section 171.18,
paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
under section 171.17, 171.172, or 171.174; or
(2) the applicant has been convicted of a violation under section 171.24; or
(2) (3) the applicant has been convicted of a disqualifying offense, as defined in
Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
by reference.
(f) The commissioner may deny an application or may immediately revoke a
waiver granted under this subdivision. Notice of the commissioner's reasons for denying
an application or for revoking a waiver must be in writing and must be mailed to
the applicant's or waiver holder's last known address by certified mail, return receipt
requested. A person whose application is denied or whose waiver is revoked is entitled to
a hearing under chapter 14.
(g) A waiver granted under this subdivision expires on the date of expiration shown
on the medical examiner's certificate described in paragraph (b), clause (8).

    Sec. 67. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
    Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the
purpose of rail service improvement and may incorporate funds available from the federal
rail service continuation program government. The participants in these contracts shall be
railroads, rail users, and the department, and may be political subdivisions of the state and
the federal government. In such contracts, participation by all parties shall be voluntary.
The commissioner may provide a portion of the money required to carry out the terms of
any such contract by expenditure from the rail service improvement account.

    Sec. 68. Minnesota Statutes 2010, section 222.51, is amended to read:
222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
The governing body of any political subdivision of the state may with the approval
of the commissioner appropriate money for rail service improvement and may participate
in the state rail service improvement program and the federal rail service continuation
program programs.

    Sec. 69. Minnesota Statutes 2010, section 222.53, is amended to read:
222.53 ACCEPTANCE OF FEDERAL MONEY.
The commissioner may exercise those powers necessary for the state to qualify
for, accept, and disburse any federal money that may be made available pursuant to the
provisions of the federal rail service continuation program, including the power to:
(1) establish an adequate plan for rail service in the state as part of an overall
planning process for all transportation services in the state, including a suitable process for
updating, revising, and amending the plan;
(2) administer and coordinate the plan with other state agencies, and provide for the
equitable distribution of resources;
(3) develop, promote, and support safe, adequate, and efficient rail transportation
services; employ qualified personnel; maintain adequate programs of investigation,
research, promotion, and development, with provisions for public participation; and take
all practical steps to improve transportation safety and reduce transportation-related
energy utilization and pollution;
(4) adopt and maintain adequate procedures for financial control, accounting, and
performance evaluation in order to assure proper use of state and federal money;
(5) do all things otherwise necessary to maximize federal assistance to the state
under the federal rail service continuation program.

    Sec. 70. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
    Subd. 9. Rail bank property use; petty misdemeanors. (a) Except for the actions
of road authorities and their agents, employees, and contractors, and of utilities, in carrying
out their duties imposed by permit, law, or contract, and except as otherwise provided in
this section, it is unlawful to perform any of the following activities on rail bank property:
    (1) obstruct any trail;
    (2) deposit snow or ice;
    (3) remove or place any earth, vegetation, gravel, or rock without authorization;
    (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
materials;
    (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
upon authorization by the commissioner of transportation;
    (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
monuments or markers placed to preserve section or quarter-section corners defining
rail bank property limits;
    (7) drive upon any portion of rail bank property, except at approved crossings, and
except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
other vehicles authorized to use rail bank property;
    (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
paving, guardrail, drain, or any other rail bank appurtenance; or
    (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
on, across, or over the limits of rail bank property.;
(10) plow, disc, or perform any other detrimental operation; or
(11) place or maintain any building or structure.
    (b) Unless a greater penalty is provided elsewhere in statute, any violation of this
subdivision is a petty misdemeanor.
    (c) The cost to remove, repair, or perform any other corrective action necessitated by
a violation of this subdivision may be charged to the violator.

    Sec. 71. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010, chapter
197, section 1, is amended to read:
    Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
    Subdivision 1. Establishment. An eligible city or county may establish a license
reinstatement diversion pilot program for holders of class D drivers' licenses who have
been charged with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but
have not yet entered a plea in the proceedings. An individual charged with driving
after revocation under Minnesota Statutes, section 171.24, subdivision 2, is eligible for
diversion only if the revocation was due to a violation of Minnesota Statutes, section
169.791 ; 169.797; 169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6).
An individual who is a holder of a commercial driver's license or who has committed an
offense in a commercial motor vehicle is ineligible for participation in the diversion
pilot program.
    Subd. 2. Eligible cities. Each of the cities of Duluth, St. Paul, South St. Paul,
West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
diversion pilot program within its city. The commissioner of public safety may permit
other cities or counties to establish license reinstatement diversion pilot programs within
their cities jurisdiction.
    Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an
eligible city or county may contract with a third party to create and administer the
diversion program.
    Subd. 4. Diversion of individual. A prosecutor for a participating city or county
may determine whether to accept an individual for diversion, and in doing so shall
consider:
(1) whether the individual has a record of driving without a valid license or other
criminal record, or has previously participated in a diversion program;
(2) the strength of the evidence against the individual, along with any mitigating
factors; and
(3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
    Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary,
the commissioner of public safety may issue a diversion driver's license to a person who
is a participant in a pilot program for diversion, following receipt of an application and
payment of:
(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to assure the safe operation of a motor
vehicle by the licensee.
(b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
applied first toward payment of the reinstatement fee, and after the reinstatement fee has
been fully paid, toward payment of the surcharge. Each payment that is applied toward
the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
subdivision 2 , paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
(c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must
pay the program participation fee.
    Subd. 6. Components of program. (a) At a minimum, the diversion program
must require individuals to:
(1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
(2) pay, according to a schedule approved by the prosecutor, all required fees, fines,
and charges affecting the individual's driver's license status, including applicable statutory
license reinstatement fees and costs of participation in the program;
(3) comply with all traffic laws; and
(4) demonstrate compliance with vehicle insurance requirements.
(b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
    Subd. 7. Termination of participation in diversion program. (a) An individual's
participation in the diversion program may terminate when:
(1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
(2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
(3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program, including, at a minimum, satisfactory fulfillment of the components in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.
(b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
(c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
(d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
    Subd. 8. Report. (a) By February 1, 2011 2013, the commissioner of public
safety and each eligible city and county that participates in the diversion program shall
report to the legislative committees with jurisdiction over transportation and the judiciary
concerning the results of the program. The report must be made electronically and
available in print only upon request. The report must include, without limitation, the
effect of the program on:
(1) recidivism rates for participants in the diversion pilot program;
(2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
(3) (2) payment of the fees and fines collected in the diversion pilot program to
cities, counties, and the state;
(4) (3) educational support provided to participants in the diversion pilot program;
and
(5) (4) the total number of participants in the diversion pilot program and the
number of participants who have terminated from the pilot program under subdivision 7,
paragraph (a), clauses (1) to (3).
    (b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
    Subd. 9. Sunset. A city or county participating in this pilot program may accept an
individual for diversion into the pilot program until June 30, 2011 2013. The third party
administering the diversion program may collect and disburse fees collected pursuant to
subdivision 6, paragraph (a), clause (2), through December 31, 2012 2014, at which time
the pilot program under this section expires.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 72. ALTERNATIVE ROUTE ELECTION FOR HIGHWAY 53.
By March 15, 2015, the commissioner of transportation, in consultation with the
commissioner of natural resources and Cleveland Cliffs Mining Company or its successor,
shall designate a route for that portion of marked Trunk Highway 53 in St. Louis County
near the city of Virginia by electing either the route designated as "Alt. M-1" or the route
designated as "Alt. M-2." Construction must begin no later than June 1, 2015.

    Sec. 73. VARIANCE; SEAPLANE BASE.
The commissioner of transportation shall grant a variance for Elbow Lake
Municipal-Pride of the Prairie Airport, airport code Y63, to be licensed as a public
seaplane base on Flekkefjord Lake. The commissioner may establish conditions or
limitations as may be necessary, except that the variance must be provided notwithstanding
the requirements of any rule to the contrary.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 74. REPORT ON ANATOMICAL GIFT ACCOUNT.
The commissioner of public safety shall report to the chairs of the legislative
committees having jurisdiction over transportation policy and finance on the receipts and
expenditures under Minnesota Statutes, section 171.075. The commissioner shall submit
the report by February 1, 2013.

    Sec. 75. 2012 AND 2013 REPORTS ON MAJOR HIGHWAY PROJECTS AND
TRUNK HIGHWAY FUND EXPENDITURES.
For 2012 and 2013 reports required under Minnesota Statutes, section 174.56, the
commissioner shall include the results of evaluations of management systems currently
used by the Department of Transportation. The evaluations must specify the extent to
which the management of data in these systems is consistent with existing policies and
the need for statewide, reliable, and verifiable information. The evaluations must be
performed either by the department's office of internal audit or by an independent external
auditor. The 2012 report must include the evaluation of construction management systems
and the program and project management system. The 2013 report must include the
evaluation of pavement management systems and bridge management systems.

    Sec. 76. REVISOR'S INSTRUCTION.
The revisor of statutes shall recodify Minnesota Statutes, section 171.13,
subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k, and 1l, as Minnesota Statutes, section
171.0705. The revisor shall correct any cross-references made necessary by this
recodification.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 77. REPEALER.
(a) Minnesota Statutes 2010, section 161.115, subdivision 263, is repealed.
(b) Minnesota Statutes 2010, section 222.48, subdivision 3a, is repealed.
(c) Minnesota Statutes 2010, section 161.08, subdivision 2, is repealed.
(d) Minnesota Statutes 2010, section 168.012, subdivision 1b, is repealed.
(e) Laws 2002, chapter 393, section 85, is repealed.
(f) Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed.
(g) Laws 2008, chapter 350, article 1, section 5, the effective date, as amended by
Laws 2010, chapter 351, section 65, is repealed.
EFFECTIVE DATE.Paragraph (a) is effective the day after the commissioner of
transportation sends notice to the revisor of statutes electronically or in writing that the
conditions required to transfer the route have been satisfied. Paragraph (g) is effective
August 1, 2011.