Bill Text: MN SF1072 | 2011-2012 | 87th Legislature | Engrossed

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Bill Title: Omnibus transportation bill

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-20 - Second reading [SF1072 Detail]

Download: Minnesota-2011-SF1072-Engrossed.html

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A bill for an act

relating to transportation; modifying reporting requirements; modifying
provisions relating to electric-assisted bicycles, conservation officer vehicles
and vehicle permits; establishing Mississippi River Trail bikeway; designating
highways; clarifying driver's license requirement for train crews; clarifying
traffic laws regarding flashing yellow lights and arrows; expanding authority for
bus operation on highway shoulders; modifying vehicle equipment provisions;
removing exceptions from child passenger restraint law; authorizing driver
education online component; allowing city of Paynesville to retain certain funds;
providing variance for seaplane base; removing obsolete language; 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; 160.845; 160.93, subdivisions 1, 2; 161.14, subdivision 66, by
adding subdivisions; 162.081, subdivision 4; 168.012, subdivision 1; 168.013,
subdivisions 1e, 3, 12; 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; 169.64, subdivision 2;
169.685, subdivisions 6, 7; 169.85, subdivision 2; 169.86, subdivisions 1, 4, by
adding a subdivision; 169A.54, subdivisions 1, 6; 171.03; 171.061, subdivision 4;
171.30, subdivision 1; 171.306, subdivision 4; 174.02, by adding a subdivision;
174.56; 221.0314, subdivision 3a; 222.50, subdivision 4; 222.51; 222.53; 222.63,
subdivision 9; Minnesota Statutes 2011 Supplement, sections 169.86, subdivision
5; 171.05, subdivision 2; 171.075, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 160; 171; repealing Minnesota Statutes 2010,
sections 160.93, subdivision 2a; 161.08, subdivision 2; 168.012, subdivision 1b;
169A.54, subdivision 5; 222.48, subdivision 3a.
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, provided that the commissioner
determines that operation of the electric-assisted bicycle is 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 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, provided that
the local unit of government determines the operation of the electric-assisted bicycle is
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. 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,
provided that the governing body determines that operation of the electric-assisted bicycle
is consistent with safe use and enjoyment of the trail.

    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. 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. 4. 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 160.845, is amended to read:
160.845 RESTRICTIONS ON TOLL FACILITY.
    (a) A road authority, including the governing body of a city, or a private operator
may not convert, transfer, or utilize any portion of a highway to impose tolls or for use
as a toll facility. A road authority, including the governing body of a city, or a private
operator may not limit operation of a commercial motor vehicle, as defined in section
169.011, subdivision 16 , to a toll facility or otherwise require that a commercial motor
vehicle use the tolled portion of a highway.
    (b) This section does not apply to (1) any toll facility or high-occupancy vehicle
lane constructed, converted, or established before September 1, 2007, (2) any additional
lane, including a priced dynamic shoulder lane, high-occupancy vehicle lane, or
high-occupancy toll lane, added to a highway after September 1, 2007, and (3) any other
general purpose lane that adds capacity, (4) an additional lane on each side of that segment
of Interstate Highway 35E between its intersection with Interstate Highway 94 and its
intersection with Interstate Highway 694.

    Sec. 7. Minnesota Statutes 2010, section 160.93, subdivision 1, is amended to read:
    Subdivision 1. Fees authorized. To improve efficiency and provide more options
to individuals traveling in a trunk highway corridor, the commissioner of transportation
may charge user fees to owners or operators of single-occupant vehicles using dynamic
shoulder lanes as designated by the commissioner and, any designated high-occupancy
vehicle lanes, and any other high-occupancy toll lanes. The fees may be collected using
electronic or other toll-collection methods and may vary in amount with the time of day
and level of traffic congestion within the corridor. The commissioner shall consult with
the Metropolitan Council and obtain necessary federal authorizations before implementing
user fees on a high-occupancy vehicle lane or dynamic shoulder lane. Fees under this
section are not subject to section 16A.1283.

    Sec. 8. Minnesota Statutes 2010, section 160.93, subdivision 2, is amended to read:
    Subd. 2. Deposit of revenues; appropriation. (a) Except as provided in subdivision
2a, Money collected from fees authorized under subdivision 1 must be deposited in a
high-occupancy vehicle lane user fee account in the special revenue fund. A separate
account must be established for each trunk highway corridor. Money in the account is
appropriated to the commissioner.
    (b) From this appropriation the commissioner shall first repay the trunk highway
fund and any other fund source for money spent to install, equip, or modify the corridor
for the purposes of subdivision 1, and then shall pay all the costs of implementing and
for administering and operating the fee collection system for that corridor, including
payments for operating the fee collection system, and for maintaining and operating
tolling and related equipment.
    (c) The commissioner shall spend remaining money in the account as follows:
    (1) one-half must be spent for transportation capital improvements within the
corridor; and MnPASS system, including the replacement of tolling and related equipment.
    (2) one-half must be transferred to the Metropolitan Council for expansion and
improvement of bus transit services within the corridor beyond the level of service
provided on the date of implementation of subdivision 1.

    Sec. 9. 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. 10. 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. 11. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
to read:
    Subd. 71. Deputy John W. Liebenstein Memorial Highway. That segment of
Route No. 390, signed as Interstate Highway 35 on the effective date of this section
and located in Rice County, is designated as "Deputy John W. Liebenstein Memorial
Highway." Subject to section 161.139, the commissioner shall adopt a suitable marking
design to mark this highway and shall erect the appropriate signs at a rest area or rest areas
along Interstate Highway 35 after consulting with the local community and sponsors.

    Sec. 12. 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. 13. 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. 14. Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to read:
    Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
combinations except those defined as farm combinations, and on commercial zone
vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
base rate schedule prescribed in this subdivision, but in no event less than $120.

Minnesota Base Rate Schedule

Scheduled taxes include five percent

surtax provided for in subdivision 14

		TOTAL GROSS WEIGHT IN POUNDS					TAX
		A	0	-	1,500	$	15
		B	1,501	-	3,000		20
		C	3,001	-	4,500		25
		D	4,501	-	6,000		35
		E	6,001	-	10,000		45
		F	10,001	-	12,000		70
		G	12,001	-	15,000		105
		H	15,001	-	18,000		145
		I	18,001	-	21,000		190
		J	21,001	-	26,000		270
		K	26,001	-	33,000		360
		L	33,001	-	39,000		475
		M	39,001	-	45,000		595
		N	45,001	-	51,000		715
		O	51,001	-	57,000		865
		P	57,001	-	63,000		1015
		Q	63,001	-	69,000		1185
		R	69,001	-	73,280		1325
		S	73,281	-	78,000		1595
		T	78,001	-	80,000		1760

    (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
    (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
to subdivision 12 or section 169.86, subdivision 5a, as applicable.
    (d) For purposes of registration identification, for vehicles registered in the "O"
category, the owner must declare at the time of registration whether the vehicle will carry
a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
weight sticker must be issued and the owner is restricted to a gross vehicle weight of
less than 55,000 pounds.
    (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
applicant proposes to combine with the truck-tractor.
    (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
combinations which are operated by an interstate carrier registered under section 221.60,
or by a carrier receiving operating authority under chapter 221, and operated solely within
a zone exempt from regulation pursuant to United States Code, title 49, section 13506.
    (g) The license plates issued for commercial zone vehicles shall be plainly marked.
A person operating a commercial zone vehicle outside the zone or area in which its
operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
during the balance of the registration year.
    (h) On commercial zone trucks the tax shall be based on the total gross weight of
the vehicle and during each of the first eight years of vehicle life is 75 percent of the
Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
tax is 50 percent of the Minnesota base rate schedule.
    (i) On trucks, truck-tractors and semitrailer combinations, except those defined
as farm trucks and farm combinations, and except for those commercial zone vehicles
specifically provided for in this subdivision, the tax for each of the first eight years of
vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
base rate prescribed by this subdivision.
    (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
combination are semitrailers.
EFFECTIVE DATE.This section is effective July 1, 2012, and applies to all
registrations that are effective on and after that date and special permits issued on and
after that date.

    Sec. 15. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
    Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
applicant for all licenses based on gross weight shall state the unloaded weight of the
motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
on it, the sum of which constitutes the gross weight upon which the license tax must be
paid. However, the declared gross weight upon which the tax is paid must not be less than
1-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
to be registered, except recreational vehicles taxed under subdivision 1g, school buses
taxed under subdivision 18, and tow trucks or towing vehicles defined in section 169.011,
subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight
of the tow truck or towing vehicle fully equipped, but does not include the weight of a
wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
(b) Except as provided by special permit issued under section 169.86, the gross
weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon
which the license tax has been paid by more than four percent or 1,000 pounds, whichever
is greater; provided that, a vehicle transporting unfinished forest products on a highway,
other than a highway that is part of the system of interstate and defense highways, unless a
federal exemption is granted, in accordance with paragraph (d)(3):
(1) shall not exceed its gross vehicle weight upon which the license tax has been
paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
exceeding a gross vehicle or axle weight by up to five percent; and
(2) between the dates set by the commissioner in accordance with section 169.826,
subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting
the gross axle weight of any individual axle unless the entire vehicle also exceeds its
gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
allowance permitted under section 169.826, in which case the vehicle is subject to all
applicable penalties for excess weight violations.
(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license
tax is paid must be indicated by a distinctive character on the license plate or plates except
as provided in subdivision 12 or section 169.86, subdivision 5a, as applicable, and the
plate or plates must be kept clean and clearly visible at all times.
(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
conviction for transporting a gross weight in excess of the gross weight for which it was
registered or for operating a vehicle with an axle weight exceeding the maximum lawful
axle load weight, is guilty of a misdemeanor and subject to increased registration or
reregistration according to the following schedule:
(1) Upon conviction for transporting a gross weight in excess of the gross weight
for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
load as provided in sections 169.822 to 169.829 by more than the allowance set forth in
paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
driver, or user was convicted of carrying. The increase is computed for the balance of
the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
calendar year beginning with the first day of the month in which the violation occurred.
If the additional registration tax computed upon that weight, plus the tax already paid,
amounts to more than the regular tax for the maximum gross weight permitted for the
vehicle under sections 169.822 to 169.829, that additional amount must nevertheless be
paid into the highway fund, but the additional tax thus paid does not authorize or permit
any person to operate the vehicle with a gross weight in excess of the maximum legal
weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days
after a conviction applies to increase the authorized weight and pays the additional tax
as provided in this section, the registrar shall revoke the registration on the vehicle and
demand the return of the registration card and plates issued on that registration.
(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
semitrailer for transporting a gross weight in excess of the gross weight for which the
motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any
penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
privileges on the vehicle involved if the vehicle is being operated under reciprocity
or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
registration on the vehicle operated and demand the return of the registration certificate
and registration plates. The registrar may not cancel the registration or reciprocity
privileges for any vehicle found in violation of seasonal load restrictions imposed under
section 169.87 unless the axle weight exceeds the year-round weight limit for the highway
on which the violation occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why all future operating
privileges in the state should not be revoked unless the additional tax assessed is paid.
(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
or unfinished forest products, when the registered gross weight is not exceeded by more
than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
transportation of unprocessed or raw farm products from the place of production or
on-farm storage site to any other location within 50 miles of the place of production or
on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
forest products from the place of production to the place of final processing or manufacture
located within 200 miles of the place of production.
(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
registrar according to this section, the vehicle must not be operated on the highways of the
state until it is registered or reregistered, as the case may be, and new plates issued, and
the registration fee is the annual tax for the total gross weight of the vehicle at the time of
violation. The reregistration pursuant to this subdivision of any vehicle operating under
reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual
registration fee without regard to the percentage of vehicle miles traveled in this state.
EFFECTIVE DATE.This section is effective July 1, 2012, and applies to all
registrations that are effective on and after that date and special permits issued on and
after that date.

    Sec. 16. Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:
    Subd. 12. Additional tax for excessive gross weight. (a) Whenever an owner has
registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
a selected gross weight of the vehicle and thereafter such owner desires to operate such
vehicle with a greater gross weight than that for which the tax has been paid, such owner
shall be permitted to reregister such vehicle by paying the additional tax due thereon
for the remainder of the calendar year for which such vehicle has been reregistered, the
additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
of the year remaining in the calendar year, beginning with the first day of the month in
which such owner desires to operate the vehicle with the greater weight. In computing
the additional tax as aforesaid, the owner shall be given credit for the unused portion of
the tax previously paid computed pro rata by the month, 1/12 of the annual tax paid for
each month of the year remaining in the calendar year beginning with the first day of the
month in which such owner desires to operate the vehicle with the greater weight. An
owner will be permitted one reduction of gross weight or change of registration per year,
which will result in a refund. This refund will be prorated monthly beginning with the
first day of the month after such owner applies to amend the registration. The application
for amendment shall be accompanied by a fee of $3, and all fees shall be deposited in
the highway user tax distribution fund. Provided, however, the owner of a vehicle may
reregister the vehicle for a weight of more than 81,000 pounds for one or more 30-day
periods. For each 30-day period, the additional tax shall be equal to 1/12 of the difference
between the annual tax for the weight at which the vehicle is registered and reregistered.
When a vehicle is reregistered in accordance with this provision, a distinctive windshield
sticker provided by the commissioner of public safety shall be permanently displayed.
(b) This subdivision does not apply to the owner of a vehicle who pays the additional
tax for excessive gross weight under section 169.86, subdivision 5a, when buying a permit
to operate with the greater gross weight.
EFFECTIVE DATE.This section is effective with the registration period beginning
July 1, 2012, and applies to all registrations that are effective on and after that date and
special permits issued on and after that date.

    Sec. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 authorized
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. 25. 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. 26. 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. 27. 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. 28. Minnesota Statutes 2010, section 169.685, subdivision 7, is amended to read:
    Subd. 7. Appropriation; special account; legislative report. The Minnesota child
passenger restraint and education account is created in the state treasury, consisting of
fines collected under subdivision 5 and other money appropriated or donated. The money
in the account is annually appropriated to the commissioner of public safety, to be used to
provide child passenger restraint systems to families in financial need and, school districts
and child care providers that provide for the transportation of pupils to and from school
using type III vehicles or school buses with a gross vehicle weight rating of 10,000 pounds
or less, and to provide an educational program on the need for and proper use of child
passenger restraint systems. The commissioner shall report to the legislature by February
1 of each odd-numbered year on the commissioner's activities and expenditure of funds
under this section.

    Sec. 29. Minnesota Statutes 2010, section 169.85, subdivision 2, is amended to read:
    Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this
section, an officer may require the driver to stop the vehicle in a suitable place and remain
standing until a portion of the load is removed that is sufficient to reduce the gross weight
of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph
(b), or sections 169.823 to 169.829, whichever is the lesser violation, if any. A suitable
place is a location where loading or tampering with the load is not prohibited by federal,
state, or local law, rule, or ordinance.
    (b) Except as provided in paragraph (c), a driver may be required to unload a
vehicle only if the weighing officer determines that (1) on routes subject to the provisions
of sections 169.823 to 169.829, the weight on an axle exceeds the lawful gross weight
prescribed by sections 169.823 to 169.829, by 2,000 pounds or more, or the weight on a
group of two or more consecutive axles in cases where the distance between the centers
of the first and last axles of the group under consideration is ten feet or less exceeds the
lawful gross weight prescribed by sections 169.823 to 169.829, by 4,000 pounds or more;
or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted
in accordance with section 169.87. Material unloaded must be cared for by the owner or
driver of the vehicle at the risk of the owner or driver.
    (c) If The driver is not required to unload under paragraph (b) when the gross weight
of the vehicle does not exceed:
(1) the sum of the vehicle's registered gross weight plus, the weight allowance set
forth in section 168.013, subdivision 3, paragraph (b), and plus, if applicable, the weight
allowance permitted under section 169.826, then the driver is not required to unload
under paragraph (b); or
(2) the weight allowed by special permit issued under section 169.86 for a vehicle
that is operated in conformity with the limitations and conditions of the permit.
EFFECTIVE DATE.This section is effective July 1, 2012, and applies to all
registrations that are effective on and after that date and special permits issued on and
after that date.

    Sec. 30. Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read:
    Subdivision 1. Permit authorities; restrictions. (a) The commissioner, with respect
to highways under the commissioner's jurisdiction, and local authorities, with respect to
highways under their jurisdiction, may, in their discretion, upon application in writing
and good cause being shown therefor, issue a special permit, in writing, authorizing the
applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this chapter, exceeding the gross weight for
which the vehicle is registered under chapter 168, or otherwise not in conformity with the
provisions of this chapter, upon any highway under the jurisdiction of the party granting
such permit and for the maintenance of which such party is responsible.
(b) Permits relating to over-width, over-length manufactured homes shall not be
issued to persons other than manufactured home dealers or manufacturers for movement
of new units owned by the manufactured home dealer or manufacturer, until the person
has presented a statement from the county auditor and treasurer where the unit is presently
located, stating that all personal and real property taxes have been paid. Upon payment of
the most recent single year delinquent personal property or current year taxes only, the
county auditor or treasurer must issue a taxes paid statement to a manufactured home
dealer or a financial institution desiring to relocate a manufactured home that has been
repossessed. This statement must be dated within 30 days of the contemplated move. The
statement from the county auditor and treasurer where the unit is presently located, stating
that all personal and real property taxes have been paid, may be made by telephone. If
the statement is obtained by telephone, the permit shall contain the date and time of the
telephone call and the names of the persons in the auditor's office and treasurer's office
who verified that all personal and real property taxes had been paid.
(c) The commissioner may not grant a permit authorizing the movement, in a
three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that
the commissioner (1) may renew a permit that was granted before April 16, 1984, for the
movement of a semitrailer or trailer that exceeds the length limitation in section 169.81,
subdivision 2 , or (2) may grant a permit authorizing the transportation of empty trailers
that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of
Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in
the state to the state border.
(d) The state as to state trunk highways, a statutory or home rule charter city as
to streets in the city, or a town as to roads in the town, may issue permits authorizing
the transportation of combinations of vehicles exceeding the limitations in section
169.81, subdivisions 2a and 3 , over highways, streets, or roads within its boundaries.
Combinations of vehicles authorized by this paragraph may be restricted as to the use of
state trunk highways by the commissioner, to the use of streets by the city road authority,
and to the use of roads by the town road authority. Nothing in this paragraph or section
169.81, subdivisions 2a and 3 , alters or changes the authority vested in local authorities
under section 169.04.
EFFECTIVE DATE.This section is effective July 1, 2012, and applies to all
registrations that are effective on and after that date and special permits issued on and
after that date.

    Sec. 31. 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. 32. Minnesota Statutes 2011 Supplement, 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).

    Sec. 33. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
to read:
    Subd. 5a. Additional tax for excessive gross weight. When a special permit is
issued under this chapter, the commissioner shall collect in addition to the permit fee an
additional tax for excessive gross weight, if the weight allowed under the permit is greater
than the gross weight for which the vehicle is registered under section 168.013. The
tax shall be calculated as the difference between the registration tax paid under section
168.013, subdivision 1e, and the additional tax that would be due under section 168.013,
subdivision 1e, at the gross weight allowed under the permit, prorated by the number of
days for which the permit is effective. Proceeds of the surcharge must be deposited in the
state treasury and credited to the highway user tax distribution fund.
EFFECTIVE DATE.This section is effective with the registration period beginning
July 1, 2012, and applies to all registrations that are effective on and after that date and
special permits issued on and after that date.

    Sec. 34. 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, 2012.

    Sec. 35. 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, 2012.

    Sec. 36. 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. 37. Minnesota Statutes 2011 Supplement, 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 is approved by the commissioner of public
safety; and
(ii) the applicant:
(A) has 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 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 is taking home-classroom driver
training with classroom materials approved by the commissioner of public safety, and the
student's parent has certified the student's homeschool and home-classroom driver training
status on the form approved by the commissioner; or
(C) has completed an Internet-based theory driver education program that is
approved by the commissioner of public safety; and
(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 (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, or 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, adult spouse, adult close family member, or adult employer; and
(6) (5) has paid the fee required in section 171.06, subdivision 2.
(b) For the purposes of determining compliance with the certification of paragraph
(a), clause (1), item (ii), the commissioner may request verification of a student's
homeschool status from the superintendent of the school district in which the student
resides and the superintendent shall provide that verification.
(c) 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.
(d) 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. 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. The commissioner shall
terminate the fee when the department has fully recovered its costs to implement Internet
driver education under this section.

    Sec. 38. 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. 39. [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. 40. Minnesota Statutes 2011 Supplement, section 171.075, subdivision 1, is
amended to read:
    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
168.013, subdivision 5 22, 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.
EFFECTIVE DATE.This section is effective January 1, 2013.

    Sec. 41. 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, 2012.

    Sec. 42. 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, 2012.

    Sec. 43. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
to read:
    Subd. 9. Alternative financing and investment in a pilot transportation
project. (a) The commissioner may select one pilot transportation project on the trunk
highway system to implement the authority granted in this subdivision. In connection
with this pilot project, the commissioner may enter into agreements with governmental
or nongovernmental entities, including private and nonprofit entities, to finance or invest
in the transportation project, including repayment agreements. An agreement under this
subdivision is 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 house of representatives and senate 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 pilot project is subject to transportation planning, programming, and
procurement requirements. Use of this subdivision must not result in the delay of any
project programmed in the statewide transportation improvement program.
(d) This subdivision does not preempt any other statute or provide any new toll
facility authority or design-build contracting authority.
(e) Any repayment agreement under this subdivision must comply with all applicable
debt and other financial policies and requirements.

    Sec. 44. 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 and 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.

    Sec. 45. 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
(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. 46. 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. 47. 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. 48. 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. 49. 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 knowingly 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 permanent 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. 50. 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 shall establish conditions or
limitations as may be necessary.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 51. PAYNESVILLE AIRPORT.
(a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner of
transportation may enter into an agreement with the city of Paynesville to allow funds
granted by the state to the city for land acquisition purposes for the marked Trunk
Highway 23 bypass project to instead be used by June 30, 2015, as the state's share of
funds for airport improvements and other aeronautical purposes at the city's airport.
(b) Funds not spent pursuant to paragraph (a) by June 30, 2015, must be paid to the
commissioner of transportation and deposited in the state airports fund.

    Sec. 52. 2012 AND 2013 REPORTS ON MAJOR HIGHWAY PROJECTS AND
TRUNK HIGHWAY FUND EXPENDITURES.
For 2013 and 2014 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 2013 report must include the evaluation of construction management systems
and the program and project management system. The 2014 report must include the
evaluation of pavement management systems and bridge management systems.

    Sec. 53. REPEALER.
(a) Minnesota Statutes 2010, sections 160.93, subdivision 2a; 161.08, subdivision 2;
168.012, subdivision 1b; and 222.48, subdivision 3a, are repealed.
(b) Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed effective
July 1, 2012.