Minnesota Legislature
HF 2214
Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/13/2014 12:23pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2214
1.3relating to transportation; making technical changes to provisions affecting the
1.4Department of Transportation; clarifying contracting requirements; modifying
1.5U-turn rules; providing bridge inspection authority in certain instances;
1.6modifying seasonal load restrictions; modifying Web site requirements to
1.7advertise for bids; modifying reporting requirements; modifying appropriations;
1.8amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32,
1.9subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision
1.101; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781,
1.11subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 169.87,
1.12subdivision 6; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by
1.13adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections
1.14161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010,
1.15chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter
1.16287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1,
1.17section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes
1.182012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement,
1.19section 221.0314, subdivision 9a.
1.20May 13, 2014
1.21The Honorable Paul Thissen
1.22Speaker of the House of Representatives
1.23The Honorable Sandra L. Pappas
1.24President of the Senate
1.25We, the undersigned conferees for H. F. No. 2214 report that we have agreed upon
1.26the items in dispute and recommend as follows:
1.27That the Senate recede from its amendments and that H. F. No. 2214 be further
1.28amended as follows:
1.29Delete everything after the enacting clause and insert:
1.30 "Section 1. Minnesota Statutes 2012, section 16A.124, subdivision 5, is amended to
1.31read:
1.32 Subd. 5. Payment of interest on late payments required. (a) A state agency
1.33shall pay interest to a vendor for undisputed billings when the agency has not paid the
1.34billing within 30 days following receipt of the invoice, merchandise, or service whichever
2.1is later. A negotiated contract or agreement between a vendor and a state agency which
2.2requires an audit by the state agency prior to acceptance and payment of the vendor's
2.3invoice shall not be considered past due until 30 days after the completion of the audit by
2.4the state agency. Before any interest payment is made, the vendor must invoice the state
2.5agency for such interest. For a construction contract utilizing partial payments based on an
2.6engineer's estimate or a payment application approved by an architect, an invoice includes
2.7an engineer's estimate or a payment application, as applicable, if made in regular intervals
2.8that are: (1) as specified in the contract, and (2) no less frequent than once per month.
2.9(b) The rate of interest paid by the agency on undisputed bills not paid within 30
2.10days shall be 1-1/2 percent per month or any part thereof.
2.11(c) All interest penalties and collection costs must be paid from the agency's current
2.12operating budget. No agency may seek to increase its appropriation for the purpose of
2.13obtaining funds to pay interest penalties or collection costs.
2.14(d) Any vendor who prevails in a civil action to collect interest penalties from a state
2.15agency shall be awarded its costs and disbursements, including attorney's fees, incurred
2.16in bringing the actions.
2.17(e) No interest penalties may accrue against an agency that delays payment of a bill
2.18due to a disagreement with the vendor; provided, that the dispute must be settled within 30
2.19days after the bill became overdue. Upon the resolution of the dispute, the agency must
2.20pay the vendor accrued interest on all proper invoices for which payment was not received
2.21within the applicable time limit contained in subdivision 3. No interest penalties accrue
2.22under this section against an agency for claims made by a contractor under a construction
2.23contract.
2.24(f) The minimum monthly interest penalty payment that a state agency shall pay a
2.25vendor for the unpaid balance for any one overdue bill equal to or in excess of $100 is
2.26$10. For unpaid balances of less than $100, the state agency shall pay the actual penalty
2.27due to the vendor.
2.28 Sec. 2. Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision
2.29to read:
2.30 Subd. 76. Michael Duane Clickner Memorial Bridge. The bridge over the
2.31Mississippi River on marked Trunk Highway 60 at the city of Wabasha, is designated
2.32"Michael Duane Clickner Memorial Bridge." The commissioner of transportation shall
2.33adopt a suitable design to mark this bridge and erect appropriate signs, subject to section
2.34161.139.
3.1 Sec. 3. Minnesota Statutes 2012, section 161.32, subdivision 5, is amended to read:
3.2 Subd. 5. Default by contractor. In cases where work is being done under contract
3.3and the commissioner finds that the contractor has failed to comply within60 days the
3.4period specified in the contract from the date of receipt of a written demand to make
3.5arrangements, satisfactory to the commissioner, to correct specified delays, neglect, or
3.6default, within the control of the contractor, the commissioner may negotiate with others,
3.7with the approval of the defaulting contractor's surety, for the completion of the contract
3.8according to the terms and provisions of the contract.
3.9 Sec. 4. Minnesota Statutes 2013 Supplement, section 161.44, subdivision 1a, is
3.10amended to read:
3.11 Subd. 1a. Periodic review. (a) The commissioner is encouraged to examine all real
3.12property owned by the state and under the custodial control of the department to decide
3.13whether any real property may be suitable for sale or some other means of disposal.
3.14(b) The commissioner may not sell or otherwise dispose of property under this
3.15subdivision unless: (1) an analysishas been performed of suitability of the property
3.16for bicycle or pedestrian facilities, which must take into account consider any relevant
3.17nonmotorized transportation plans or in the absence of such plans, demographic and
3.18development factors affecting the region; and (2) the analysis, demonstrates that (i) the
3.19property or a portion of it is not reasonably suitable for bicycle or pedestrian facilities,
3.20and (ii) there is not a likelihood of bicycle or pedestrian facility development involving
3.21the property; or (2) the use of the property for bicycle or pedestrian facilities is protected
3.22by deed restriction, easement, agreement, or other means.
3.23(c) The commissioner shall report the findings under paragraph (a) to the house
3.24of representatives and senate committees with jurisdiction over transportation policy
3.25and finance by March 1 of each odd-numbered year. The report may be submitted
3.26electronically, and is subject to section
3.195, subdivision 1
3.27 Sec. 5. Minnesota Statutes 2012, section 162.06, subdivision 1, is amended to read:
3.28 Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
3.29estimate the amount of money that will be available to the county state-aid highway
3.30fund during that fiscal year. The amount available must be based on actual receiptsfrom
3.31July 1 through October 31, at the time of the allocation calculation, the unallocated fund
3.32balance, and the projected receipts for the remainder of the fiscal year. The amount
3.33available, except for deductions as provided in this section, shall be apportioned by the
3.34commissioner to the counties as provided in section162.07 .
4.1 (b) For purposes of this section, "amount available" means the amount estimated in
4.2paragraph (a).
4.3 Sec. 6. Minnesota Statutes 2012, section 162.081, subdivision 4, is amended to read:
4.4 Subd. 4. Formula for distribution to towns; purposes. (a) Money apportioned to
4.5a county from the town road account must be distributed to the treasurer of each town
4.6within the county, according to a distribution formula adopted by the county board.
4.7The formula must take into account each town'slevy for road and bridge purposes, its
4.8 population and town road mileage, and other factors the county board deems advisable
4.9in the interests of achieving equity among the towns. Distribution of town road funds
4.10to each town treasurer must be made by March 1, annually, or within 30 days after
4.11receipt of payment from the commissioner. Distribution of funds to town treasurers in a
4.12county which has not adopted a distribution formula under this subdivision must be made
4.13according to a formula prescribed by the commissioner by rule.
4.14(b) Money distributed to a town under this subdivision may be expended by the
4.15town only for the construction, reconstruction, and gravel maintenance of town roads
4.16within the town.
4.17 Sec. 7. Minnesota Statutes 2012, section 162.12, subdivision 1, is amended to read:
4.18 Subdivision 1. Estimate of accruals. By December 15 of each year the
4.19commissioner shall estimate the amount of money that will be available to the municipal
4.20state-aid street fund during that fiscal year. The amount available is based on actual
4.21receiptsfrom July 1 through October 31, at the time of the allocation calculation, the
4.22unallocated fund balance, and the projected receipts for the remainder of the fiscal year.
4.23The total available, except for deductions as provided herein, shall be apportioned by the
4.24commissioner to the cities having a population of 5,000 or more as hereinafter provided.
4.25 Sec. 8. Minnesota Statutes 2012, section 165.03, subdivision 3, is amended to read:
4.26 Subd. 3. County inventory and inspection records and reports. The county
4.27engineer shall maintain a complete inventory record of all bridges as set forth in subdivision
4.282, paragraph (b), clause (2), with the inspection reports thereof, and shall certify annually
4.29to the commissioner, as prescribed by the commissioner, that inspections have been made
4.30at regular intervals, not to exceed the intervals outlined in subdivision 1a. A report of the
4.31inspections must be filed annually, on or before February 15 of each year, with the county
4.32auditor or town clerk, or the governing body of the municipality. The report mustcontain
4.33recommendations for the correction of or identify any deficiency requiring action, including
5.1the legal posting of load limits or the need to have a load rating analysis performed, on any
5.2bridge or structure that is found to be understrength or unsafe. The report may also contain
5.3other recommendations for improving the safety of understrength or unsafe bridges.
5.4 Sec. 9. Minnesota Statutes 2012, section 165.12, subdivision 1, is amended to read:
5.5 Subdivision 1.Duty Authority of county when town fails. (a) Notwithstanding
5.6any law to the contrary, a county has the following authority regarding town bridges
5.7within its jurisdictional boundaries.
5.8(b) When it becomes necessary to reconstruct or repair a bridge on any town road
5.9in any town or upon any town line in this state, and the bridge is unsafe for travel or has
5.10been condemned by the proper authorities, and the town or towns charged with the duty of
5.11maintaining the bridge fail, neglect, or omit to construct, reconstruct, or repair the same or
5.12provide for the expense or cost of so constructing, reconstructing, or repairing the same, as
5.13identified in the report provided to the town or towns under section 165.03, subdivision
5.143, the county board of the county in which the town or towns are located shall have the
5.15power and authority to reconstruct and repair the bridge upon giving notice to the town
5.16board of the town or towns of its intention to do so and fixing a time and place for a
5.17hearing as to the necessity and advisability of the reconstruction or repair.
5.18(c) If a load rating analysis is required and has not been performed within 90 days of
5.19the date the report required in section 165.03, subdivision 3, was delivered to the town,
5.20the county is authorized to perform the analysis. Before it performs an analysis on a
5.21town bridge, the county shall notify the town or towns that if the town or towns do not
5.22perform the analysis within 90 days the county will perform the analysis and bill the
5.23town or towns for all related expenses. If the town performs the analysis, a copy shall
5.24be provided to the county engineer. If the county performs the analysis, a copy shall be
5.25provided to the town clerk.
5.26(d) If a load rating analysis determines a new or different load posting is required on
5.27a town bridge, the town or towns charged with the duty of maintaining the bridge shall
5.28provide the required posting within 30 days. If the town or towns fail to provide the
5.29required posting, the county is authorized to provide the required posting. Before posting
5.30a load limit on a town bridge, the county shall notify the town or towns that if the town
5.31or towns do not provide the posting within 30 days the county will provide the required
5.32posting and bill the town or towns for all related expenses, unless the town or towns and
5.33the county agree to post the bridge in less than 30 days and at an agreed-upon cost.
5.34(e) If a bridge constitutes a critical risk to public safety because its deficiencies, if
5.35not immediately corrected, could result in collapse or partial collapse, the county engineer
6.1is authorized to immediately close the bridge. The bridge shall remain closed until the
6.2necessary steps are taken to remove the threat of collapse or partial collapse, or until a
6.3subsequent inspection determines the issues resulting in closure are resolved. The county
6.4may bill the town or towns for all related expenses.
6.5(f) A county is not liable for a town's or towns' failure to act as required by this
6.6section or section 165.03.
6.7 Sec. 10. Minnesota Statutes 2013 Supplement, section 169.19, subdivision 1, is
6.8amended to read:
6.9 Subdivision 1. Turning at intersection. The driver of a vehicle intending to turn
6.10at an intersection shall do so as follows:
6.11(a) Except as otherwise provided in this paragraph, both the approach for a right turn
6.12and a right turn shall be made as close as practicable to the right-hand curb or edge of the
6.13roadway. When necessary to accommodate vehicle configuration, a driver is permitted to
6.14make a right turn into the farthest lane of a roadway with two or more lanes in the same
6.15direction in order to make a U-turn at a reduced conflict intersection, if it is safe to do so.
6.16(b) Approach for a left turn on other than one-way roadways shall be made in that
6.17portion of the right half of the roadway nearest the centerline thereof, and after entering
6.18the intersection the left turn shall be made so as to leave the intersection to the right of the
6.19centerline of the roadway being entered. Whenever practicable the left turn shall be made
6.20in that portion of the intersection to the left of the center of the intersection.
6.21(c) Approach for a left turn from a two-way roadway into a one-way roadway shall
6.22be made in that portion of the right half of the roadway nearest the centerline thereof and
6.23by passing to the right of such centerline where it enters the intersection.
6.24(d) A left turn from a one-way roadway into a two-way roadway shall be made
6.25from the left-hand lane and by passing to the right of the centerline of the roadway being
6.26entered upon leaving the intersection.
6.27(e) Where both streets or roadways are one way, both the approach for a left turn and
6.28a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
6.29(f) Local authorities in their respective jurisdictions may cause markers, buttons, or
6.30signs to be placed within or adjacent to intersections and thereby require and direct that a
6.31different course from that specified in this section be traveled by vehicles turning at an
6.32intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall
6.33turn a vehicle at an intersection other than as directed and required by such markers,
6.34buttons, or signs.
7.1(g) Whenever it is necessary for the driver of a motor vehicle to cross a bicycle
7.2lane adjacent to the driver's lane of travel to make a turn, the driver shall first signal the
7.3movement, then drive the motor vehicle into the bicycle lane prior to making the turn,
7.4but only after it is safe to do so. The driver shall then make the turn consistent with any
7.5traffic markers, buttons, or signs, yielding the right-of-way to any vehicles or bicycles
7.6approaching so close thereto as to constitute an immediate hazard.
7.7 Sec. 11. Minnesota Statutes 2012, section 169.19, subdivision 2, is amended to read:
7.8 Subd. 2. U-turn. No vehicle shall be turnedso as to proceed in the opposite
7.9direction upon any curve, or upon the approach to or near the crest of a grade, where
7.10such the vehicle cannot be seen by the driver of any other vehicle approaching from
7.11either direction within 1,000 feet, nor shall the driver of a vehicle turn the vehicleso as to
7.12proceed in the opposite direction unless the movement can be made safely and without
7.13interfering with other traffic. When necessary to accommodate vehicle configuration on a
7.14roadway with two or more lanes in the same direction, a driver may turn the vehicle into
7.15the farthest lane and temporarily use the shoulder to make a U-turn.
7.16 Sec. 12. Minnesota Statutes 2012, section 169.771, subdivision 2, is amended to read:
7.17 Subd. 2. Inspection by state trooper. (a) The commissioner of public safety is
7.18directed to accelerate spot-check inspections for unsafe motor vehicles and motor vehicle
7.19equipment. Such inspections shall be conducted by the personnel of the State Patrol who
7.20shall give the operator of a commercial motor vehicle a signed and dated document as
7.21evidence of the inspection.
7.22(b) However, personnel of the State Patrol may not conduct another spot inspection
7.23of a commercial motor vehicle if (1) the operator of the vehicle can show evidence of an
7.24inspection, which is free of critical defects, conducted in Minnesota according to this
7.25section or section169.781 within the previous 90 days and (2) a state trooper does not
7.26have probable cause to believe the vehicle or its equipment is unsafe or that the operator
7.27has engaged in illegal activity. In addition, if the operator shows the state trooper evidence
7.28that the commercial motor vehicle has been inspected within the previous 90 days, but the
7.29officer has probable cause to believe the vehicle or its equipment is unsafe or to suspect
7.30illegal activity, then the vehicle may be inspected to confirm the existence or absence of an
7.31unsafe condition or of the suspected illegal activity.
7.32(c) A vehicle stopped under this section and determined to be a covered farm
7.33vehicle as defined in Code of Federal Regulations, title 49, section 390.5, and not carrying
7.34hazardous materials of a type or quantity that requires the vehicle to be placarded in
8.1accordance with Code of Federal Regulations, title 49, section 172.504, is exempt from
8.2further inspection under this section. If probable cause exists to believe the vehicle or its
8.3equipment is unsafe or illegal activity is suspected, enforcement action may be initiated.
8.4 Sec. 13. Minnesota Statutes 2012, section 169.781, subdivision 10, is amended to read:
8.5 Subd. 10.Exemption Exemptions. (a) This section does not apply to a vehicle
8.6operated by a motor carrier of passengers, as defined in section221.012, subdivision 26 ,
8.7if the vehicle has been inspected under section221.0252, subdivision 3 , paragraph (a),
8.8clause (2), within the previous 12 months.
8.9 (b) This section does not apply to a covered farm vehicle, as defined in Code of
8.10Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
8.11a type or quantity that requires the vehicle to be placarded in accordance with Code of
8.12Federal Regulations, title 49, section 172.504.
8.13 Sec. 14. Minnesota Statutes 2012, section 169.782, subdivision 4, is amended to read:
8.14 Subd. 4. Exceptions. (a) With the exception of subdivision 2, paragraph (a), clause
8.15(2), this section does not apply to a commercial motor vehicle that is a farm truck that may
8.16be operated by a person not holding a commercial driver's license.
8.17(b) This section does not apply to a commercial motor vehicle held for resale by a
8.18motor vehicle dealer licensed under section168.27 .
8.19(c) This section does not apply to a covered farm vehicle as defined in Code of
8.20Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
8.21a type or quantity that requires the vehicle to be placarded in accordance with Code of
8.22Federal Regulations, title 49, section 172.504.
8.23 Sec. 15. Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
8.24 Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit
8.25authorizing a vehicle or combination of vehicles with a total of seven or more axles to
8.26haul raw or unprocessed agricultural products and be operated with a grossvehicle weight
8.27of up to:
8.28 (1) 97,000 pounds; and
8.29 (2) 99,000 pounds during the period set by the commissioner under section169.826,
8.30subdivision 1 .
8.31 (b) Drivers of vehicles operating under this subdivision must comply with driver
8.32qualification requirements adopted under section221.0314, subdivisions 2 to 5, and Code
9.1of Federal Regulations, title 49, parts 40 and 382, unless exempt under section 221.031,
9.2subdivision 2c.
9.3 (c) The fee for a permit issued under this subdivision is $500.
9.4 Sec. 16. Minnesota Statutes 2012, section 171.02, subdivision 2, is amended to read:
9.5 Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers'
9.6licenses are classified according to the types of vehicles that may be driven by the holder
9.7of each type or class of license. The commissioner may, as appropriate, subdivide the
9.8classes listed in this subdivision and issue licenses classified accordingly.
9.9 (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
9.10class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
9.11or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
9.12so endorsed. There are four general classes of licenses as described in paragraphs (c)
9.13through (f).
9.14 (c) Class D drivers' licenses are valid for:
9.15 (1) operating all farm trucks if the farm truck is:
9.16 (i) controlled and operated by a farmer, including operation by an immediate family
9.17member or an employee of the farmer;
9.18 (ii) used to transport agricultural products, farm machinery, or farm supplies,
9.19including hazardous materials, to or from a farm;
9.20 (iii) not used in the operations of a common or contract motor carrier as governed by
9.21Code of Federal Regulations, title 49, part 365; and
9.22 (iv) used within 150 miles of the farm;
9.23 (2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as
9.24defined in section169.011, subdivision 3 , whether or not in excess of 26,000 pounds
9.25gross vehicle weight;
9.26 (3) operating a recreational vehicle as defined in section168.002, subdivision 27 ,
9.27that is operated for personal use;
9.28 (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
9.29more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
9.30the driver, and vehicles that carry hazardous materials;
9.31 (5) notwithstanding paragraph (d), operating a type A school bus or a multifunction
9.32school activity bus without a school bus endorsement if the requirements of subdivision 2a
9.33are satisfied, as determined by the commissioner;
9.34 (6) operating any vehicle or combination of vehicles when operated by a licensed
9.35peace officer while on duty;and
10.1 (7) towing vehicles if:
10.2 (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
10.3 (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
10.4the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.; and
10.5 (8) operating a covered farm vehicle as defined in Code of Federal Regulations,
10.6title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that
10.7requires the vehicle to be placarded in accordance with Code of Federal Regulations,
10.8title 49, section 172.504.
10.9 (d) Class C drivers' licenses are valid for:
10.10 (1) operating class D motor vehicles;
10.11 (2) with a hazardous materials endorsement, operating class D vehicles to transport
10.12hazardous materials;
10.13 (3) with a passenger endorsement, operating buses; and
10.14 (4) with a passenger endorsement and school bus endorsement, operating school
10.15buses.
10.16 (e) Class B drivers' licenses are valid for:
10.17 (1) operating all class C motor vehicles, class D motor vehicles, and all other
10.18single-unit motor vehicles including, with a passenger endorsement, buses; and
10.19 (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
10.20 (f) Class A drivers' licenses are valid for operating any vehicle or combination of
10.21vehicles.
10.22 Sec. 17. Minnesota Statutes 2012, section 171.03, is amended to read:
10.23171.03 PERSONS EXEMPT.
10.24 The following persons are exempt from license hereunder:
10.25 (a) A person in the employ or service of the United States federal government is
10.26exempt while driving or operating a motor vehicle owned by or leased to the United
10.27States federal government.
10.28 (b) A person in the employ or service of the United States federal government is
10.29exempt from the requirement to possess a valid class A, class B, or class C commercial
10.30driver's license while driving or operating for military purposes a commercial motor
10.31vehicle for the United States federal government if the person is:
10.32 (1) on active duty in the U. S. Coast Guard;
10.33 (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
10.34Air Force, Navy, and Marine Corps;
10.35 (3) a member of a reserve component of the U. S. armed forces; or
11.1 (4) on active duty in the Army National Guard or Air National Guard, which
11.2includes (i) a member on full-time National Guard duty, (ii) a member undergoing
11.3part-time National Guard training, and (iii) a National Guard military technician, who is a
11.4civilian required to wear a military uniform.
11.5The exemption provided under this paragraph does not apply to a U. S. armed forces
11.6reserve technician.
11.7 (c) A person operating a covered farm vehicle as defined in Code of Federal
11.8Regulations, title 49, section 390.05, that is not carrying hazardous materials of a type
11.9or quantity that requires the vehicle to be placarded in accordance with Code of Federal
11.10Regulations, title 49, section 172.504, is exempt from the requirement to possess a valid
11.11class A, class B, or class C commercial driver's license.
11.12(c) (d) Any person while driving or operating any farm tractor or implement of
11.13husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
11.14vehicle, as defined in section84.92, subdivision 8 , an off-highway motorcycle, as defined
11.15in section84.787, subdivision 7 , and an off-road vehicle, as defined in section
84.797,
11.16subdivision 7 , are not implements of husbandry.
11.17(d) (e) A nonresident who is at least 15 years of age and who has in immediate
11.18possession a valid driver's license issued to the nonresident in the home state or country
11.19may operate a motor vehicle in this state only as a driver.
11.20(e) (f) A nonresident who has in immediate possession a valid commercial driver's
11.21license issued by a state or jurisdiction in accordance with the standards of Code of
11.22Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
11.23commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
11.24(f) (g) Any nonresident who is at least 18 years of age, whose home state or country
11.25does not require the licensing of drivers may operate a motor vehicle as a driver, but only for
11.26a period of not more than 90 days in any calendar year, if the motor vehicle so operated is
11.27duly registered for the current calendar year in the home state or country of the nonresident.
11.28(g) (h) Any person who becomes a resident of the state of Minnesota and who has
11.29in possession a valid driver's license issued to the person under and pursuant to the laws
11.30of some other state or jurisdiction or by military authorities of the United States may
11.31operate a motor vehicle as a driver, but only for a period of not more than 60 days after
11.32becoming a resident of this state, without being required to have a Minnesota driver's
11.33license as provided in this chapter.
11.34(h) (i) Any person who becomes a resident of the state of Minnesota and who has in
11.35possession a valid commercial driver's license issued by another state or jurisdiction in
12.1accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
12.2for not more than 30 days after becoming a resident of this state.
12.3(i) (j) Any person operating a snowmobile, as defined in section
84.81 , is exempt.
12.4(j) (k) A railroad operator, as defined in section
169.035, subdivision 4 , paragraph
12.5(a), is exempt while operating a railroad locomotive or train, or on-track equipment while
12.6being operated upon rails. This exemption includes operation while crossing a street or
12.7highway, whether public or private.
12.8 Sec. 18. Minnesota Statutes 2013 Supplement, section 174.12, subdivision 2, is
12.9amended to read:
12.10 Subd. 2. Transportation economic development accounts. (a) A transportation
12.11economic development account is established in the special revenue fund under the
12.12budgetary jurisdiction of the legislative committees having jurisdiction over transportation
12.13finance. Money in the account may be expended only as appropriated by law. The account
12.14may not contain money transferred or otherwise provided from the trunk highway fund.
12.15(b) A transportation economic development account is established in the trunk
12.16highway fund. The account consists of funds donated, allotted, transferred, or otherwise
12.17provided to the account. Money in the account may be used only for trunk highway
12.18purposes. All funds in the accountavailable prior to August 1, 2013, are available until
12.19expended.
12.20 Sec. 19. Minnesota Statutes 2012, section 174.37, subdivision 6, is amended to read:
12.21 Subd. 6. Expiration. Notwithstanding section15.059, subdivision 5 , the committee
12.22expires June 30,2014 2018.
12.23 Sec. 20. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
12.24to read:
12.25 Subd. 2c. Exemptions for covered farm vehicles. (a) For the purposes of
12.26this subdivision, "covered farm vehicle" has the meaning given in Code of Federal
12.27Regulations, title 49, section 390.5.
12.28(b) A covered farm vehicle that is not carrying hazardous materials of a type or
12.29quantity that requires the vehicle to be placarded in accordance with Code of Federal
12.30Regulations, title 49, section 172.504, including the operator of the vehicle, is exempt
12.31from the federal regulations incorporated by reference in:
12.32(1) section 221.0314, subdivision 2, that consist of Code of Federal Regulations,
12.33title 49, parts 391.41 to 391.45, for physical qualifications and examinations;
13.1(2) section 221.0314, subdivision 9, for hours of service; and
13.2(3) section 221.0314, subdivision 10, for inspection, repair, and maintenance.
13.3 Sec. 21. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
13.4to read:
13.5 Subd. 2d. Hours of service exemptions. The federal regulations incorporated in
13.6section 221.0314, subdivision 9, for maximum driving and on-duty time, do not apply to
13.7drivers engaged in intrastate transportation within a 150-air-mile radius from the source of
13.8the commodities or from the retail or wholesale distribution point of the farm supplies for:
13.9(1) agricultural commodities or farm supplies for agricultural purposes from March
13.1015 to December 15 of each year; or
13.11(2) sugar beets from September 1 to May 15 of each year.
13.12 Sec. 22. Minnesota Statutes 2012, section 331A.12, is amended to read:
13.13331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION
13.14PROJECT BIDS.
13.15 Subdivision 1. Definitions. (a) The terms defined in this subdivision and section
13.16331A.01
apply to this section.
13.17(b) "Web site" means a specific, addressable location provided on a server connected
13.18to the Internet and hosting World Wide Web pages and other files that are generally
13.19accessible on the Internet all or most of the day.
13.20 Subd. 2. Designation. At the meeting of the governing body ofthe local public
13.21corporation a political subdivision at which the governing body must designate designates
13.22 its official newspaper for the year, the governing body may designate in the same manner
13.23publication of transportation projects on thelocal public corporation's political subdivision's
13.24 Web site. Publication on the Web site may be used in place of or in addition to any other
13.25required form of publication. Each year after designating publication on the Web site for
13.26transportation projects, thelocal public corporation political subdivision must publish in a
13.27qualified newspaper in the jurisdiction and on the Web site, notice that thelocal public
13.28corporation political subdivision will publish any advertisements for bids on its Web site.
13.29 Subd. 3. Form, time for publication same. Alocal public corporation political
13.30subdivision that publishes on its Web site under this section must post the information in
13.31substantially the same format and for the same period of time as required for publication
13.32in an official newspaper or other print publication.
14.1 Subd. 4. Record retention. Alocal public corporation political subdivision that
14.2publishes notice on its Web site under this section must ensure that a permanent record of
14.3publication is maintained in a form accessible by the public.
14.4 Sec. 23. Laws 2013, chapter 127, section 67, is amended to read:
14.5 Sec. 67. LEGISLATIVE ROUTE NO. 256 REMOVED.
14.6(a) Minnesota Statutes, section161.115, subdivision 187 , is repealed effective the
14.7day after the commissioner of transportation receives a copy of the agreement between
14.8the commissioner and the governing body of Blue Earth County and a copy of the
14.9agreement between the commissioner and the governing body of the city of Mankato to
14.10transfer jurisdiction of Legislative Route No. 256 and notifies the revisor of statutes
14.11under paragraph (b).
14.12(b) The revisor of statutes shall delete the route identified in paragraph (a) from
14.13Minnesota Statutes when the commissioner of transportation sends notice to the revisor
14.14electronically or in writing that the conditions required to transfer the route have been
14.15satisfied.
14.16 Sec. 24. INTERSTATE HIGHWAY 494 REHABILITATION PROJECT.
14.17 Subdivision 1. Definition. For purposes of this section, "I-494 rehabilitation
14.18project" means the trunk highway project programmed on the effective date of this section
14.19to reconstruct marked Interstate Highway 494, maintain associated bridges from the
14.20interchange with marked Interstate Highway 394 to the interchange with marked Interstate
14.21Highways 94 and 694, and establish dynamic shoulder lanes along the segment of marked
14.22Interstate Highway 494 from the interchange with marked Trunk Highway 55 to the
14.23overpass at East Fish Lake Road.
14.24 Subd. 2. Project requirements. The commissioner of transportation shall continue
14.25the I-494 rehabilitation project, but shall modify the project by replacing the planned
14.26dynamic shoulder lanes with an additional general purpose lane in each direction of travel.
14.27The additional general purpose lanes shall be constructed for the entire segment over
14.28which dynamic shoulder lanes had been planned.
14.29EFFECTIVE DATE.This section is effective the day following final enactment.
14.30 Sec. 25. PARKING RAMP; REQUIRED USER FINANCING.
14.31Debt service on the design and construction costs allocated to the parking garage to
14.32be located on the block bounded by Sherburne Avenue on the north, Park Street on the
15.1west, University Avenue on the south, and North Capitol Boulevard on the east must be
15.2user-financed from parking fees collected and deposited into the state parking account and
15.3credited to the debt service account for the Legislative Office Facility.
15.4 Sec. 26. REPEALER.
15.5(a) Minnesota Statutes 2012, section 161.115, subdivision 240, is repealed.
15.6(b) Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a, is
15.7repealed."
15.8Delete the title and insert:
15.10relating to transportation; making technical changes to provisions affecting the
15.11Department of Transportation; clarifying contract and project requirements;
15.12designating the Michael Duane Clickner Memorial Bridge; providing bridge
15.13inspection authority in certain instances; modifying U-turn rules; modifying
15.14requirements for covered farm vehicles; extending an expiration date; providing
15.15an hours of service exemption; requiring user financing for a certain parking
15.16facility; modifying reporting requirements;amending Minnesota Statutes 2012,
15.17sections 16A.124, subdivision 5; 161.14, by adding a subdivision; 161.32,
15.18subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision
15.191; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.771,
15.20subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865,
15.21subdivision 2; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by
15.22adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections
15.23161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2013,
15.24chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115,
15.25subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314,
15.26subdivision 9a."
1.3relating to transportation; making technical changes to provisions affecting the
1.4Department of Transportation; clarifying contracting requirements; modifying
1.5U-turn rules; providing bridge inspection authority in certain instances;
1.6modifying seasonal load restrictions; modifying Web site requirements to
1.7advertise for bids; modifying reporting requirements; modifying appropriations;
1.8amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32,
1.9subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision
1.101; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781,
1.11subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 169.87,
1.12subdivision 6; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by
1.13adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections
1.14161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010,
1.15chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter
1.16287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1,
1.17section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes
1.182012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement,
1.19section 221.0314, subdivision 9a.
1.20May 13, 2014
1.21The Honorable Paul Thissen
1.22Speaker of the House of Representatives
1.23The Honorable Sandra L. Pappas
1.24President of the Senate
1.25We, the undersigned conferees for H. F. No. 2214 report that we have agreed upon
1.26the items in dispute and recommend as follows:
1.27That the Senate recede from its amendments and that H. F. No. 2214 be further
1.28amended as follows:
1.29Delete everything after the enacting clause and insert:
1.30 "Section 1. Minnesota Statutes 2012, section 16A.124, subdivision 5, is amended to
1.31read:
1.32 Subd. 5. Payment of interest on late payments required. (a) A state agency
1.33shall pay interest to a vendor for undisputed billings when the agency has not paid the
1.34billing within 30 days following receipt of the invoice, merchandise, or service whichever
2.1is later. A negotiated contract or agreement between a vendor and a state agency which
2.2requires an audit by the state agency prior to acceptance and payment of the vendor's
2.3invoice shall not be considered past due until 30 days after the completion of the audit by
2.4the state agency. Before any interest payment is made, the vendor must invoice the state
2.5agency for such interest. For a construction contract utilizing partial payments based on an
2.6engineer's estimate or a payment application approved by an architect, an invoice includes
2.7an engineer's estimate or a payment application, as applicable, if made in regular intervals
2.8that are: (1) as specified in the contract, and (2) no less frequent than once per month.
2.9(b) The rate of interest paid by the agency on undisputed bills not paid within 30
2.10days shall be 1-1/2 percent per month or any part thereof.
2.11(c) All interest penalties and collection costs must be paid from the agency's current
2.12operating budget. No agency may seek to increase its appropriation for the purpose of
2.13obtaining funds to pay interest penalties or collection costs.
2.14(d) Any vendor who prevails in a civil action to collect interest penalties from a state
2.15agency shall be awarded its costs and disbursements, including attorney's fees, incurred
2.16in bringing the actions.
2.17(e) No interest penalties may accrue against an agency that delays payment of a bill
2.18due to a disagreement with the vendor; provided, that the dispute must be settled within 30
2.19days after the bill became overdue. Upon the resolution of the dispute, the agency must
2.20pay the vendor accrued interest on all proper invoices for which payment was not received
2.21within the applicable time limit contained in subdivision 3. No interest penalties accrue
2.22under this section against an agency for claims made by a contractor under a construction
2.23contract.
2.24(f) The minimum monthly interest penalty payment that a state agency shall pay a
2.25vendor for the unpaid balance for any one overdue bill equal to or in excess of $100 is
2.26$10. For unpaid balances of less than $100, the state agency shall pay the actual penalty
2.27due to the vendor.
2.28 Sec. 2. Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision
2.29to read:
2.30 Subd. 76. Michael Duane Clickner Memorial Bridge. The bridge over the
2.31Mississippi River on marked Trunk Highway 60 at the city of Wabasha, is designated
2.32"Michael Duane Clickner Memorial Bridge." The commissioner of transportation shall
2.33adopt a suitable design to mark this bridge and erect appropriate signs, subject to section
2.34161.139.
3.1 Sec. 3. Minnesota Statutes 2012, section 161.32, subdivision 5, is amended to read:
3.2 Subd. 5. Default by contractor. In cases where work is being done under contract
3.3and the commissioner finds that the contractor has failed to comply within
3.4period specified in the contract from the date of receipt of a written demand to make
3.5arrangements, satisfactory to the commissioner, to correct specified delays, neglect, or
3.6default, within the control of the contractor, the commissioner may negotiate with others,
3.7with the approval of the defaulting contractor's surety, for the completion of the contract
3.8according to the terms and provisions of the contract.
3.9 Sec. 4. Minnesota Statutes 2013 Supplement, section 161.44, subdivision 1a, is
3.10amended to read:
3.11 Subd. 1a. Periodic review. (a) The commissioner is encouraged to examine all real
3.12property owned by the state and under the custodial control of the department to decide
3.13whether any real property may be suitable for sale or some other means of disposal.
3.14(b) The commissioner may not sell or otherwise dispose of property under this
3.15subdivision unless: (1) an analysis
3.16
3.17nonmotorized transportation plans or in the absence of such plans, demographic and
3.18development factors affecting the region
3.19property or a portion of it is not reasonably suitable for bicycle or pedestrian facilities,
3.20and (ii) there is not a likelihood of bicycle or pedestrian facility development involving
3.21the property; or (2) the use of the property for bicycle or pedestrian facilities is protected
3.22by deed restriction, easement, agreement, or other means.
3.23(c) The commissioner shall report the findings under paragraph (a) to the house
3.24of representatives and senate committees with jurisdiction over transportation policy
3.25and finance by March 1 of each odd-numbered year. The report may be submitted
3.26electronically
3.27 Sec. 5. Minnesota Statutes 2012, section 162.06, subdivision 1, is amended to read:
3.28 Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
3.29estimate the amount of money that will be available to the county state-aid highway
3.30fund during that fiscal year. The amount available must be based on actual receipts
3.31
3.32balance, and the projected receipts for the remainder of the fiscal year. The amount
3.33available, except for deductions as provided in this section, shall be apportioned by the
3.34commissioner to the counties as provided in section
4.1 (b) For purposes of this section, "amount available" means the amount estimated in
4.2paragraph (a).
4.3 Sec. 6. Minnesota Statutes 2012, section 162.081, subdivision 4, is amended to read:
4.4 Subd. 4. Formula for distribution to towns; purposes. (a) Money apportioned to
4.5a county from the town road account must be distributed to the treasurer of each town
4.6within the county, according to a distribution formula adopted by the county board.
4.7The formula must take into account each town's
4.8 population and town road mileage, and other factors the county board deems advisable
4.9in the interests of achieving equity among the towns. Distribution of town road funds
4.10to each town treasurer must be made by March 1, annually, or within 30 days after
4.11receipt of payment from the commissioner. Distribution of funds to town treasurers in a
4.12county which has not adopted a distribution formula under this subdivision must be made
4.13according to a formula prescribed by the commissioner by rule.
4.14(b) Money distributed to a town under this subdivision may be expended by the
4.15town only for the construction, reconstruction, and gravel maintenance of town roads
4.16within the town.
4.17 Sec. 7. Minnesota Statutes 2012, section 162.12, subdivision 1, is amended to read:
4.18 Subdivision 1. Estimate of accruals. By December 15 of each year the
4.19commissioner shall estimate the amount of money that will be available to the municipal
4.20state-aid street fund during that fiscal year. The amount available is based on actual
4.21receipts
4.22unallocated fund balance, and the projected receipts for the remainder of the fiscal year.
4.23The total available, except for deductions as provided herein, shall be apportioned by the
4.24commissioner to the cities having a population of 5,000 or more as hereinafter provided.
4.25 Sec. 8. Minnesota Statutes 2012, section 165.03, subdivision 3, is amended to read:
4.26 Subd. 3. County inventory and inspection records and reports. The county
4.27engineer shall maintain a complete inventory record of all bridges as set forth in subdivision
4.282, paragraph (b), clause (2), with the inspection reports thereof, and shall certify annually
4.29to the commissioner, as prescribed by the commissioner, that inspections have been made
4.30at regular intervals, not to exceed the intervals outlined in subdivision 1a. A report of the
4.31inspections must be filed annually, on or before February 15 of each year, with the county
4.32auditor or town clerk, or the governing body of the municipality. The report must
4.33
5.1the legal posting of load limits or the need to have a load rating analysis performed, on any
5.2bridge or structure that is found to be understrength or unsafe. The report may also contain
5.3other recommendations for improving the safety of understrength or unsafe bridges.
5.4 Sec. 9. Minnesota Statutes 2012, section 165.12, subdivision 1, is amended to read:
5.5 Subdivision 1.
5.6any law to the contrary, a county has the following authority regarding town bridges
5.7within its jurisdictional boundaries.
5.8(b) When it becomes necessary to reconstruct or repair a bridge on any town road
5.9in any town or upon any town line in this state, and the bridge is unsafe for travel or has
5.10been condemned by the proper authorities, and the town or towns charged with the duty of
5.11maintaining the bridge fail, neglect, or omit to construct, reconstruct, or repair the same or
5.12provide for the expense or cost of so constructing, reconstructing, or repairing the same, as
5.13identified in the report provided to the town or towns under section 165.03, subdivision
5.143, the county board of the county in which the town or towns are located shall have the
5.15power and authority to reconstruct and repair the bridge upon giving notice to the town
5.16board of the town or towns of its intention to do so and fixing a time and place for a
5.17hearing as to the necessity and advisability of the reconstruction or repair.
5.18(c) If a load rating analysis is required and has not been performed within 90 days of
5.19the date the report required in section 165.03, subdivision 3, was delivered to the town,
5.20the county is authorized to perform the analysis. Before it performs an analysis on a
5.21town bridge, the county shall notify the town or towns that if the town or towns do not
5.22perform the analysis within 90 days the county will perform the analysis and bill the
5.23town or towns for all related expenses. If the town performs the analysis, a copy shall
5.24be provided to the county engineer. If the county performs the analysis, a copy shall be
5.25provided to the town clerk.
5.26(d) If a load rating analysis determines a new or different load posting is required on
5.27a town bridge, the town or towns charged with the duty of maintaining the bridge shall
5.28provide the required posting within 30 days. If the town or towns fail to provide the
5.29required posting, the county is authorized to provide the required posting. Before posting
5.30a load limit on a town bridge, the county shall notify the town or towns that if the town
5.31or towns do not provide the posting within 30 days the county will provide the required
5.32posting and bill the town or towns for all related expenses, unless the town or towns and
5.33the county agree to post the bridge in less than 30 days and at an agreed-upon cost.
5.34(e) If a bridge constitutes a critical risk to public safety because its deficiencies, if
5.35not immediately corrected, could result in collapse or partial collapse, the county engineer
6.1is authorized to immediately close the bridge. The bridge shall remain closed until the
6.2necessary steps are taken to remove the threat of collapse or partial collapse, or until a
6.3subsequent inspection determines the issues resulting in closure are resolved. The county
6.4may bill the town or towns for all related expenses.
6.5(f) A county is not liable for a town's or towns' failure to act as required by this
6.6section or section 165.03.
6.7 Sec. 10. Minnesota Statutes 2013 Supplement, section 169.19, subdivision 1, is
6.8amended to read:
6.9 Subdivision 1. Turning at intersection. The driver of a vehicle intending to turn
6.10at an intersection shall do so as follows:
6.11(a) Except as otherwise provided in this paragraph, both the approach for a right turn
6.12and a right turn shall be made as close as practicable to the right-hand curb or edge of the
6.13roadway. When necessary to accommodate vehicle configuration, a driver is permitted to
6.14make a right turn into the farthest lane of a roadway with two or more lanes in the same
6.15direction in order to make a U-turn at a reduced conflict intersection, if it is safe to do so.
6.16(b) Approach for a left turn on other than one-way roadways shall be made in that
6.17portion of the right half of the roadway nearest the centerline thereof, and after entering
6.18the intersection the left turn shall be made so as to leave the intersection to the right of the
6.19centerline of the roadway being entered. Whenever practicable the left turn shall be made
6.20in that portion of the intersection to the left of the center of the intersection.
6.21(c) Approach for a left turn from a two-way roadway into a one-way roadway shall
6.22be made in that portion of the right half of the roadway nearest the centerline thereof and
6.23by passing to the right of such centerline where it enters the intersection.
6.24(d) A left turn from a one-way roadway into a two-way roadway shall be made
6.25from the left-hand lane and by passing to the right of the centerline of the roadway being
6.26entered upon leaving the intersection.
6.27(e) Where both streets or roadways are one way, both the approach for a left turn and
6.28a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
6.29(f) Local authorities in their respective jurisdictions may cause markers, buttons, or
6.30signs to be placed within or adjacent to intersections and thereby require and direct that a
6.31different course from that specified in this section be traveled by vehicles turning at an
6.32intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall
6.33turn a vehicle at an intersection other than as directed and required by such markers,
6.34buttons, or signs.
7.1(g) Whenever it is necessary for the driver of a motor vehicle to cross a bicycle
7.2lane adjacent to the driver's lane of travel to make a turn, the driver shall first signal the
7.3movement, then drive the motor vehicle into the bicycle lane prior to making the turn,
7.4but only after it is safe to do so. The driver shall then make the turn consistent with any
7.5traffic markers, buttons, or signs, yielding the right-of-way to any vehicles or bicycles
7.6approaching so close thereto as to constitute an immediate hazard.
7.7 Sec. 11. Minnesota Statutes 2012, section 169.19, subdivision 2, is amended to read:
7.8 Subd. 2. U-turn. No vehicle shall be turned
7.9direction upon any curve, or upon the approach to or near the crest of a grade, where
7.10
7.11either direction within 1,000 feet, nor shall the driver of a vehicle turn the vehicle
7.12proceed in the opposite direction unless the movement can be made safely and without
7.13interfering with other traffic. When necessary to accommodate vehicle configuration on a
7.14roadway with two or more lanes in the same direction, a driver may turn the vehicle into
7.15the farthest lane and temporarily use the shoulder to make a U-turn.
7.16 Sec. 12. Minnesota Statutes 2012, section 169.771, subdivision 2, is amended to read:
7.17 Subd. 2. Inspection by state trooper. (a) The commissioner of public safety is
7.18directed to accelerate spot-check inspections for unsafe motor vehicles and motor vehicle
7.19equipment. Such inspections shall be conducted by the personnel of the State Patrol who
7.20shall give the operator of a commercial motor vehicle a signed and dated document as
7.21evidence of the inspection.
7.22(b) However, personnel of the State Patrol may not conduct another spot inspection
7.23of a commercial motor vehicle if (1) the operator of the vehicle can show evidence of an
7.24inspection, which is free of critical defects, conducted in Minnesota according to this
7.25section or section
7.26have probable cause to believe the vehicle or its equipment is unsafe or that the operator
7.27has engaged in illegal activity. In addition, if the operator shows the state trooper evidence
7.28that the commercial motor vehicle has been inspected within the previous 90 days, but the
7.29officer has probable cause to believe the vehicle or its equipment is unsafe or to suspect
7.30illegal activity, then the vehicle may be inspected to confirm the existence or absence of an
7.31unsafe condition or of the suspected illegal activity.
7.32(c) A vehicle stopped under this section and determined to be a covered farm
7.33vehicle as defined in Code of Federal Regulations, title 49, section 390.5, and not carrying
7.34hazardous materials of a type or quantity that requires the vehicle to be placarded in
8.1accordance with Code of Federal Regulations, title 49, section 172.504, is exempt from
8.2further inspection under this section. If probable cause exists to believe the vehicle or its
8.3equipment is unsafe or illegal activity is suspected, enforcement action may be initiated.
8.4 Sec. 13. Minnesota Statutes 2012, section 169.781, subdivision 10, is amended to read:
8.5 Subd. 10.
8.6operated by a motor carrier of passengers, as defined in section
8.7if the vehicle has been inspected under section
8.8clause (2), within the previous 12 months.
8.9 (b) This section does not apply to a covered farm vehicle, as defined in Code of
8.10Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
8.11a type or quantity that requires the vehicle to be placarded in accordance with Code of
8.12Federal Regulations, title 49, section 172.504.
8.13 Sec. 14. Minnesota Statutes 2012, section 169.782, subdivision 4, is amended to read:
8.14 Subd. 4. Exceptions. (a) With the exception of subdivision 2, paragraph (a), clause
8.15(2), this section does not apply to a commercial motor vehicle that is a farm truck that may
8.16be operated by a person not holding a commercial driver's license.
8.17(b) This section does not apply to a commercial motor vehicle held for resale by a
8.18motor vehicle dealer licensed under section
8.19(c) This section does not apply to a covered farm vehicle as defined in Code of
8.20Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
8.21a type or quantity that requires the vehicle to be placarded in accordance with Code of
8.22Federal Regulations, title 49, section 172.504.
8.23 Sec. 15. Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
8.24 Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit
8.25authorizing a vehicle or combination of vehicles with a total of seven or more axles to
8.26haul raw or unprocessed agricultural products and be operated with a gross
8.27of up to:
8.28 (1) 97,000 pounds; and
8.29 (2) 99,000 pounds during the period set by the commissioner under section
8.30subdivision 1
8.31 (b) Drivers of vehicles operating under this subdivision must comply with driver
8.32qualification requirements adopted under section
9.1of Federal Regulations, title 49, parts 40 and 382, unless exempt under section 221.031,
9.2subdivision 2c.
9.3 (c) The fee for a permit issued under this subdivision is $500.
9.4 Sec. 16. Minnesota Statutes 2012, section 171.02, subdivision 2, is amended to read:
9.5 Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers'
9.6licenses are classified according to the types of vehicles that may be driven by the holder
9.7of each type or class of license. The commissioner may, as appropriate, subdivide the
9.8classes listed in this subdivision and issue licenses classified accordingly.
9.9 (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
9.10class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
9.11or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
9.12so endorsed. There are four general classes of licenses as described in paragraphs (c)
9.13through (f).
9.14 (c) Class D drivers' licenses are valid for:
9.15 (1) operating all farm trucks if the farm truck is:
9.16 (i) controlled and operated by a farmer, including operation by an immediate family
9.17member or an employee of the farmer;
9.18 (ii) used to transport agricultural products, farm machinery, or farm supplies,
9.19including hazardous materials, to or from a farm;
9.20 (iii) not used in the operations of a common or contract motor carrier as governed by
9.21Code of Federal Regulations, title 49, part 365; and
9.22 (iv) used within 150 miles of the farm;
9.23 (2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as
9.24defined in section
9.25gross vehicle weight;
9.26 (3) operating a recreational vehicle as defined in section
9.27that is operated for personal use;
9.28 (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
9.29more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
9.30the driver, and vehicles that carry hazardous materials;
9.31 (5) notwithstanding paragraph (d), operating a type A school bus or a multifunction
9.32school activity bus without a school bus endorsement if the requirements of subdivision 2a
9.33are satisfied, as determined by the commissioner;
9.34 (6) operating any vehicle or combination of vehicles when operated by a licensed
9.35peace officer while on duty;
10.1 (7) towing vehicles if:
10.2 (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
10.3 (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
10.4the combination of vehicles has a gross vehicle weight of 26,000 pounds or less
10.5 (8) operating a covered farm vehicle as defined in Code of Federal Regulations,
10.6title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that
10.7requires the vehicle to be placarded in accordance with Code of Federal Regulations,
10.8title 49, section 172.504.
10.9 (d) Class C drivers' licenses are valid for:
10.10 (1) operating class D motor vehicles;
10.11 (2) with a hazardous materials endorsement, operating class D vehicles to transport
10.12hazardous materials;
10.13 (3) with a passenger endorsement, operating buses; and
10.14 (4) with a passenger endorsement and school bus endorsement, operating school
10.15buses.
10.16 (e) Class B drivers' licenses are valid for:
10.17 (1) operating all class C motor vehicles, class D motor vehicles, and all other
10.18single-unit motor vehicles including, with a passenger endorsement, buses; and
10.19 (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
10.20 (f) Class A drivers' licenses are valid for operating any vehicle or combination of
10.21vehicles.
10.22 Sec. 17. Minnesota Statutes 2012, section 171.03, is amended to read:
10.23171.03 PERSONS EXEMPT.
10.24 The following persons are exempt from license hereunder:
10.25 (a) A person in the employ or service of the United States federal government is
10.26exempt while driving or operating a motor vehicle owned by or leased to the United
10.27States federal government.
10.28 (b) A person in the employ or service of the United States federal government is
10.29exempt from the requirement to possess a valid class A, class B, or class C commercial
10.30driver's license while driving or operating for military purposes a commercial motor
10.31vehicle for the United States federal government if the person is:
10.32 (1) on active duty in the U. S. Coast Guard;
10.33 (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
10.34Air Force, Navy, and Marine Corps;
10.35 (3) a member of a reserve component of the U. S. armed forces; or
11.1 (4) on active duty in the Army National Guard or Air National Guard, which
11.2includes (i) a member on full-time National Guard duty, (ii) a member undergoing
11.3part-time National Guard training, and (iii) a National Guard military technician, who is a
11.4civilian required to wear a military uniform.
11.5The exemption provided under this paragraph does not apply to a U. S. armed forces
11.6reserve technician.
11.7 (c) A person operating a covered farm vehicle as defined in Code of Federal
11.8Regulations, title 49, section 390.05, that is not carrying hazardous materials of a type
11.9or quantity that requires the vehicle to be placarded in accordance with Code of Federal
11.10Regulations, title 49, section 172.504, is exempt from the requirement to possess a valid
11.11class A, class B, or class C commercial driver's license.
11.12
11.13husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
11.14vehicle, as defined in section
11.15in section
11.16subdivision 7
11.17
11.18possession a valid driver's license issued to the nonresident in the home state or country
11.19may operate a motor vehicle in this state only as a driver.
11.20
11.21license issued by a state or jurisdiction in accordance with the standards of Code of
11.22Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
11.23commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
11.24
11.25does not require the licensing of drivers may operate a motor vehicle as a driver, but only for
11.26a period of not more than 90 days in any calendar year, if the motor vehicle so operated is
11.27duly registered for the current calendar year in the home state or country of the nonresident.
11.28
11.29in possession a valid driver's license issued to the person under and pursuant to the laws
11.30of some other state or jurisdiction or by military authorities of the United States may
11.31operate a motor vehicle as a driver, but only for a period of not more than 60 days after
11.32becoming a resident of this state, without being required to have a Minnesota driver's
11.33license as provided in this chapter.
11.34
11.35possession a valid commercial driver's license issued by another state or jurisdiction in
12.1accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
12.2for not more than 30 days after becoming a resident of this state.
12.3
12.4
12.5(a), is exempt while operating a railroad locomotive or train, or on-track equipment while
12.6being operated upon rails. This exemption includes operation while crossing a street or
12.7highway, whether public or private.
12.8 Sec. 18. Minnesota Statutes 2013 Supplement, section 174.12, subdivision 2, is
12.9amended to read:
12.10 Subd. 2. Transportation economic development accounts. (a) A transportation
12.11economic development account is established in the special revenue fund under the
12.12budgetary jurisdiction of the legislative committees having jurisdiction over transportation
12.13finance. Money in the account may be expended only as appropriated by law. The account
12.14may not contain money transferred or otherwise provided from the trunk highway fund.
12.15(b) A transportation economic development account is established in the trunk
12.16highway fund. The account consists of funds donated, allotted, transferred, or otherwise
12.17provided to the account. Money in the account may be used only for trunk highway
12.18purposes. All funds in the account
12.19expended.
12.20 Sec. 19. Minnesota Statutes 2012, section 174.37, subdivision 6, is amended to read:
12.21 Subd. 6. Expiration. Notwithstanding section
12.22expires June 30,
12.23 Sec. 20. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
12.24to read:
12.25 Subd. 2c. Exemptions for covered farm vehicles. (a) For the purposes of
12.26this subdivision, "covered farm vehicle" has the meaning given in Code of Federal
12.27Regulations, title 49, section 390.5.
12.28(b) A covered farm vehicle that is not carrying hazardous materials of a type or
12.29quantity that requires the vehicle to be placarded in accordance with Code of Federal
12.30Regulations, title 49, section 172.504, including the operator of the vehicle, is exempt
12.31from the federal regulations incorporated by reference in:
12.32(1) section 221.0314, subdivision 2, that consist of Code of Federal Regulations,
12.33title 49, parts 391.41 to 391.45, for physical qualifications and examinations;
13.1(2) section 221.0314, subdivision 9, for hours of service; and
13.2(3) section 221.0314, subdivision 10, for inspection, repair, and maintenance.
13.3 Sec. 21. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
13.4to read:
13.5 Subd. 2d. Hours of service exemptions. The federal regulations incorporated in
13.6section 221.0314, subdivision 9, for maximum driving and on-duty time, do not apply to
13.7drivers engaged in intrastate transportation within a 150-air-mile radius from the source of
13.8the commodities or from the retail or wholesale distribution point of the farm supplies for:
13.9(1) agricultural commodities or farm supplies for agricultural purposes from March
13.1015 to December 15 of each year; or
13.11(2) sugar beets from September 1 to May 15 of each year.
13.12 Sec. 22. Minnesota Statutes 2012, section 331A.12, is amended to read:
13.13331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION
13.14PROJECT BIDS.
13.15 Subdivision 1. Definitions. (a) The terms defined in this subdivision and section
13.17(b) "Web site" means a specific, addressable location provided on a server connected
13.18to the Internet and hosting World Wide Web pages and other files that are generally
13.19accessible on the Internet all or most of the day.
13.20 Subd. 2. Designation. At the meeting of the governing body of
13.21
13.22 its official newspaper for the year, the governing body may designate in the same manner
13.23publication of transportation projects on the
13.24 Web site. Publication on the Web site may be used in place of or in addition to any other
13.25required form of publication. Each year after designating publication on the Web site for
13.26transportation projects, the
13.27qualified newspaper in the jurisdiction and on the Web site, notice that the
13.28
13.29 Subd. 3. Form, time for publication same. A
13.30subdivision that publishes on its Web site under this section must post the information in
13.31substantially the same format and for the same period of time as required for publication
13.32in an official newspaper or other print publication.
14.1 Subd. 4. Record retention. A
14.2publishes notice on its Web site under this section must ensure that a permanent record of
14.3publication is maintained in a form accessible by the public.
14.4 Sec. 23. Laws 2013, chapter 127, section 67, is amended to read:
14.5 Sec. 67. LEGISLATIVE ROUTE NO. 256 REMOVED.
14.6(a) Minnesota Statutes, section
14.7day after the commissioner of transportation receives a copy of the agreement between
14.8the commissioner and the governing body of Blue Earth County and a copy of the
14.9agreement between the commissioner and the governing body of the city of Mankato to
14.10transfer jurisdiction of Legislative Route No. 256 and notifies the revisor of statutes
14.11under paragraph (b).
14.12(b) The revisor of statutes shall delete the route identified in paragraph (a) from
14.13Minnesota Statutes when the commissioner of transportation sends notice to the revisor
14.14electronically or in writing that the conditions required to transfer the route have been
14.15satisfied.
14.16 Sec. 24. INTERSTATE HIGHWAY 494 REHABILITATION PROJECT.
14.17 Subdivision 1. Definition. For purposes of this section, "I-494 rehabilitation
14.18project" means the trunk highway project programmed on the effective date of this section
14.19to reconstruct marked Interstate Highway 494, maintain associated bridges from the
14.20interchange with marked Interstate Highway 394 to the interchange with marked Interstate
14.21Highways 94 and 694, and establish dynamic shoulder lanes along the segment of marked
14.22Interstate Highway 494 from the interchange with marked Trunk Highway 55 to the
14.23overpass at East Fish Lake Road.
14.24 Subd. 2. Project requirements. The commissioner of transportation shall continue
14.25the I-494 rehabilitation project, but shall modify the project by replacing the planned
14.26dynamic shoulder lanes with an additional general purpose lane in each direction of travel.
14.27The additional general purpose lanes shall be constructed for the entire segment over
14.28which dynamic shoulder lanes had been planned.
14.29EFFECTIVE DATE.This section is effective the day following final enactment.
14.30 Sec. 25. PARKING RAMP; REQUIRED USER FINANCING.
14.31Debt service on the design and construction costs allocated to the parking garage to
14.32be located on the block bounded by Sherburne Avenue on the north, Park Street on the
15.1west, University Avenue on the south, and North Capitol Boulevard on the east must be
15.2user-financed from parking fees collected and deposited into the state parking account and
15.3credited to the debt service account for the Legislative Office Facility.
15.4 Sec. 26. REPEALER.
15.5(a) Minnesota Statutes 2012, section 161.115, subdivision 240, is repealed.
15.6(b) Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a, is
15.7repealed."
15.8Delete the title and insert:
15.10relating to transportation; making technical changes to provisions affecting the
15.11Department of Transportation; clarifying contract and project requirements;
15.12designating the Michael Duane Clickner Memorial Bridge; providing bridge
15.13inspection authority in certain instances; modifying U-turn rules; modifying
15.14requirements for covered farm vehicles; extending an expiration date; providing
15.15an hours of service exemption; requiring user financing for a certain parking
15.16facility; modifying reporting requirements;amending Minnesota Statutes 2012,
15.17sections 16A.124, subdivision 5; 161.14, by adding a subdivision; 161.32,
15.18subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision
15.191; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.771,
15.20subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865,
15.21subdivision 2; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by
15.22adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections
15.23161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2013,
15.24chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115,
15.25subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314,
15.26subdivision 9a."