Minnesota Legislature
HF 2685
Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 05/05/2012 01:32pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2685
1.3relating to transportation; modifying provisions governing transportation policy
1.4and finance, including trunk highway designation, work and contracting on trunk
1.5highways, motor vehicles, motor vehicle weight limit regulations, motor vehicle
1.6titles, electric-assisted bicycles and related regulations, bridge inspections,
1.7special veterans license plates, pupil transportation, municipal state-aid street
1.8fund eligibility and apportionment, small vehicle passenger service, driver and
1.9vehicle information system, deputy registrars of motor vehicles, civilian escort
1.10drivers, bicycle equipment, school buses, small business contracts, and legislative
1.11reports; making contingent appropriations; setting fees; renumbering statutes;
1.12making technical changes;amending Minnesota Statutes 2010, sections 160.27,
1.13by adding a subdivision; 160.2715; 161.14, by adding a subdivision; 161.20,
1.14subdivision 4; 161.321; 161.3212; 162.09, by adding a subdivision; 165.01;
1.15165.03; 168.002, subdivisions 19, 20; 168.012, by adding a subdivision; 168.013,
1.16subdivision 3, by adding a subdivision; 168.185; 168A.03, subdivision 1;
1.17168A.07, subdivision 1; 169.011, subdivisions 4, 27, 44, 45; 169.06, subdivision
1.184; 169.222, subdivisions 4, 6, 7, by adding subdivisions; 169.223, subdivisions
1.191, 5; 169.72, subdivision 1; 169.86, subdivision 3b; 169.872, subdivision 1a;
1.20169.98, subdivisions 1, 3; 171.01, subdivision 41; 171.02, subdivision 2b;
1.21174.03, subdivision 1b; 221.091, subdivision 2; 299D.085, subdivision 1, by
1.22adding a subdivision; 299D.09; 473.388, subdivisions 2, 4; 604A.21, subdivision
1.235; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5; 168.123,
1.24subdivision 1; 171.075, subdivision 1; 299A.705, subdivision 3; Laws 2009,
1.25chapter 158, section 10; Laws 2011, First Special Session chapter 3, article 1,
1.26section 4; proposing coding for new law in Minnesota Statutes, chapters 161;
1.27171; 375; repealing Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200;
1.288810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700.
1.29May 5, 2012
1.30The Honorable Kurt Zellers
1.31Speaker of the House of Representatives
1.32The Honorable Michelle L. Fischbach
1.33President of the Senate
1.34We, the undersigned conferees for H. F. No. 2685 report that we have agreed upon
1.35the items in dispute and recommend as follows:
1.36That the Senate recede from its amendments and that H. F. No. 2685 be further
1.37amended as follows:
1.38Delete everything after the enacting clause and insert:
2.7These appropriations are to the commissioner
2.8of transportation for the purposes specified in
2.9this section.
2.10Unless otherwise specified, these
2.11appropriations are for fiscal year 2013 from
2.12the trunk highway fund and are available
2.13until expended.
2.15To design, construct, furnish, and equip a
2.16maintenance facility addition to the existing
2.17Willmar district headquarters building,
2.18and corresponding remodeling of the
2.19headquarters building.
2.21To construct and equip a new truck station
2.22and bridge crew building in Plymouth.
2.24To design, construct, furnish, and equip a new
2.25truck station facility in Cambridge, including
2.26ancillary buildings and site improvements.
2.29To design new additions to the existing truck
2.30station buildings in Crookston, Eden Prairie,
2.31and Mendota.
3.1To modify Department of Transportation
3.2permit system to allow the department
3.3to collect additional registration taxes for
3.4overweight motor vehicles.
3.5This appropriation is only available if
3.6legislation is enacted in the 2012 legislative
3.7session authorizing the commissioner to
3.8collect a surcharge or additional registration
3.9tax on motor vehicles.
3.10 Sec. 2. EFFECTIVE DATE.
3.11This article is effective the day following final enactment.
3.14 Section 1. ROCHESTER MAINTENANCE FACILITY.
3.15$16,100,000 is appropriated to the commissioner of transportation to design,
3.16construct, furnish, and equip the maintenance facility in Rochester and corresponding
3.17remodeling of the existing district headquarters building. This appropriation is from the
3.18bond proceeds account in the trunk highway fund.
3.19 Sec. 2. BOND SALE EXPENSES.
3.20$20,000 is appropriated from the bond proceeds account in the trunk highway fund
3.21to the commissioner of management and budget for bond sale expenses under Minnesota
3.22Statutes, section 167.50, subdivision 4.
3.23 Sec. 3. TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT.
3.24To provide the money appropriated in this article from the bond proceeds account
3.25in the trunk highway fund, the commissioner of management and budget shall sell and
3.26issue bonds of the state in an amount up to $16,120,000 in the manner, upon the terms,
3.27and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and
3.28by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
3.29requested by the commissioner of transportation. The proceeds of the bonds, except
3.30accrued interest and any premium received from the sale of the bonds, must be credited
3.31to the bond proceeds account in the trunk highway fund.
4.1 Sec. 4. EFFECTIVE DATE.
4.2This article is effective the day following final enactment.
4.5 Section 1. Minnesota Statutes 2010, section 161.14, is amended by adding a
4.6subdivision to read:
4.7 Subd. 70. Black and Yellow Trail. Trunk Highway signed 14 as of the effective
4.8date of this section, from the border with South Dakota to the border with Wisconsin, is
4.9designated as the "Black and Yellow Trail." The commissioner shall adopt a suitable
4.10design to mark this highway and erect appropriate signs, subject to section 161.139.
4.11 Sec. 2. [161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR
4.12CONTRACTS; DEFINITIONS.
4.13 Subdivision 1. Scope. The terms used in sections 161.3207 to 161.3209 have the
4.14meanings given them in this section.
4.15 Subd. 2. Acceptance. "Acceptance" means an action of the commissioner
4.16authorizing the execution of a construction manager/general contractor contract.
4.17 Subd. 3. Commissioner. "Commissioner" means the commissioner of
4.18transportation.
4.19 Subd. 4. Construction manager/general contractor. "Construction
4.20manager/general contractor" means a proprietorship, partnership, limited liability
4.21partnership, joint venture, corporation, any type of limited liability company, professional
4.22corporation, or any legal entity selected by the commissioner to act as a construction
4.23manager to manage the construction process, which includes, but is not limited to,
4.24responsibility for the price, schedule, and execution of preconstruction services or the
4.25workmanship of construction performed according to section 161.3209, or both.
4.26 Subd. 5. Construction manager/general contractor contract. "Construction
4.27manager/general contractor contract" means a contract for construction of a project
4.28between a construction manager/general contractor and the commissioner, which
4.29must include terms providing for a price, construction schedule, and workmanship of
4.30the construction performed. The construction manager/general contractor contract
4.31may include provisions for incremental price contracts for specific work packages,
4.32additional work performed, contingencies, or other contract provisions that will allow the
4.33commissioner to negotiate time and cost changes to the contract.
5.1 Subd. 6. Past performance; experience. "Past performance" or "experience" does
5.2not include the exercise or assertion of a person's legal rights.
5.3 Subd. 7. Preconstruction services. "Preconstruction services" means all
5.4non-construction-related services that a construction manager/general contractor is
5.5allowed to perform before execution of a construction manager/general contractor contract
5.6or work package.
5.7 Subd. 8. Preconstruction services contract. "Preconstruction services contract"
5.8means a contract under which a construction manager/general contractor is paid on the
5.9basis of the actual cost to perform the work specified in the contract plus an amount for
5.10overhead and profit for all preconstruction services.
5.11 Subd. 9. Project. "Project" means any project selected by the commissioner as a
5.12construction manager/general contractor project under section 161.3208.
5.13 Subd. 10. Request for proposals; RFP. "Request for proposals" or "RFP" means
5.14the document or publication soliciting proposals for a construction manager/general
5.15contractor contract.
5.16 Subd. 11. Request for qualifications; RFQ. "Request for qualifications" or "RFQ"
5.17means a document or publication used to prequalify and short-list potential construction
5.18managers/general contractors.
5.19 Subd. 12. Work package. "Work package" means the scope of work for a defined
5.20portion of a project. A defined portion includes construction services on any project
5.21aspect, including procuring materials or services.
5.22EFFECTIVE DATE.This section is effective the day following final enactment
5.23and expires one year following the acceptance of ten construction manager/general
5.24contractor contracts.
5.25 Sec. 3. [161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
5.26AUTHORITY.
5.27 Subdivision 1. Selection authority; limitation. Notwithstanding sections 16C.25,
5.28161.32, and 161.321, or any other law to the contrary, the commissioner may select a
5.29construction manager/general contractor as provided in section 161.3209, and award a
5.30construction manager/general contractor contract. The number of awarded contracts
5.31shall not exceed four in any calendar year.
5.32 Subd. 2. Determination. Final determination to use a construction manager/general
5.33contractor contracting procedure may be made only by the commissioner.
5.34 Subd. 3. Cancellation. The solicitation of construction manager/general contractor
5.35requests for qualifications or proposals does not obligate the commissioner to enter into a
6.1construction manager/general contractor contract. The commissioner may accept or reject
6.2any or all responses received as a result of the request. The solicitation of proposals may
6.3be canceled at any time at the commissioner's sole discretion if cancellation is considered
6.4to be in the state's best interest. If the commissioner rejects all responses or cancels the
6.5solicitation for proposals, the commissioner may resolicit a request for proposals using the
6.6same or different requirements.
6.7 Subd. 4. Reporting. The commissioner shall notify the chairs and ranking minority
6.8members of the senate and house of representatives committees with jurisdiction over
6.9transportation policy and transportation finance each time the commissioner decides to
6.10use the construction manager/general contractor method of procurement and explain why
6.11that method was chosen.
6.12EFFECTIVE DATE.This section is effective the day following final enactment
6.13and expires one year following the acceptance of ten construction manager/general
6.14contractor contracts.
6.15 Sec. 4. [161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
6.16PROCEDURES.
6.17 Subdivision 1. Solicitation of proposals. If the commissioner determines that
6.18a construction manager/general contractor method of procurement is appropriate for
6.19a project, the commissioner shall establish a two-phase procedure for awarding the
6.20construction manager/general contractor contract, as described in subdivisions 2 and 3.
6.21 Subd. 2. Phase 1 - request for proposals. (a) The commissioner shall prepare
6.22or have prepared an RFP for each construction manager/general contractor contract as
6.23provided in this section. The RFP must contain, at a minimum, the following elements:
6.24(1) the minimum qualifications of the construction manager/general contractor;
6.25(2) the procedures for submitting proposals and the criteria for evaluation of
6.26qualifications and the relative weight for each criteria;
6.27(3) the form of the contract to be awarded;
6.28(4) the scope of intended construction work;
6.29(5) a listing of the types of preconstruction services that will be required;
6.30(6) an anticipated schedule for commencing and completing the project;
6.31(7) any applicable budget limits for the project;
6.32(8) the requirements for insurance, statutorily required performance, and payment
6.33bonds;
6.34(9) the requirements that the construction manager/general contractor provide a
6.35letter from a surety or insurance company stating that the construction manager/general
7.1contractor is capable of obtaining a performance bond and payment bond covering the
7.2estimated contract cost;
7.3(10) the method for how construction manager/general contractor fees for the
7.4preconstruction services contract will be negotiated;
7.5(11) a statement that past performance or experience does not include the exercise
7.6or assertion of a person's legal rights; and
7.7(12) any other information desired by the commissioner.
7.8(b) Before receiving any responses to the RFP:
7.9(1) the commissioner shall appoint a technical review committee of at least five
7.10individuals, of which one is a Department of Transportation manager who is also a
7.11licensed professional engineer in Minnesota;
7.12(2) the technical review committee shall evaluate the construction manager/general
7.13contractor proposals according to criteria and subcriteria published in the RFP and
7.14procedures established by the commissioner. The commissioner shall, as designated in
7.15the RFP, evaluate construction manager/general contractor proposals on the basis of best
7.16value as defined in section 16C.05, or using the qualifications-based selection process set
7.17forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If
7.18the commissioner does not receive at least two proposals from construction managers,
7.19the commissioner may:
7.20(i) solicit new proposals;
7.21(ii) revise the RFP and thereafter solicit new proposals using the revised RFP;
7.22(iii) select another allowed procurement method; or
7.23(iv) reject the proposals; and
7.24(3) the technical review committee shall evaluate the responses to the request for
7.25proposals and rank the construction manager/general contractor based on the predefined
7.26criteria set forth in the RFP in accordance with paragraph (a), clause (2).
7.27(c) Unless all proposals are rejected, the commissioner shall conduct contract
7.28negotiations for a preconstruction services contract with the construction manager/general
7.29contractor with the highest ranking. If the construction manager/general contractor with
7.30the highest ranking declines or is unable to reach an agreement, the commissioner may
7.31begin contract negotiations with the next highest ranked construction manager/general
7.32contractor.
7.33(d) Before issuing the RFP, the commissioner may elect to issue a request for
7.34qualifications (RFQ) and short-list the most highly qualified construction managers/general
7.35contractors. The RFQ must include the procedures for submitting statements of
7.36qualification, the criteria for evaluation of qualifications, and the relative weight for each
8.1criterion. The statements of qualifications must be evaluated by the technical review
8.2committee.
8.3 Subd. 3. Phase 2 - construction manager/general contractor contract. (a) Before
8.4conducting any construction-related services, the commissioner shall:
8.5(1) conduct an independent cost estimate for the project or each work package; and
8.6(2) conduct contract negotiations with the construction manager/general contractor
8.7to develop a construction manager/general contractor contract. This contract must include
8.8a minimum construction manager/general contractor self-performing requirement of 30
8.9percent of the negotiated cost. Items designated in the construction manager/general
8.10contractor contract as specialty items may be subcontracted and the cost of any specialty
8.11item performed under the subcontract will be deducted from the cost before computing the
8.12amount of work required to be performed by the contractor.
8.13(b) If the construction manager/general contractor and the commissioner are unable
8.14to negotiate a contract, the commissioner may use other contract procurement processes or
8.15may readvertise the construction manager/general contractor contract. The construction
8.16manager/general contractor may (1) bid or propose on the project if advertised under
8.17section 161.32 or 161.3206 or (2) join a design-build team if advertised under sections
8.18161.3410 to 161.3428.
8.19(c) The commissioner shall provide to all bidders or design-build teams, all data
8.20shared between the commissioner and the construction manager/general contractor during
8.21the contract negotiations under this subdivision.
8.22EFFECTIVE DATE.This section is effective the day following final enactment
8.23and expires one year following the acceptance of ten construction manager/general
8.24contractor contracts.
8.25 Sec. 5. Minnesota Statutes 2010, section 161.3212, is amended to read:
8.26161.3212 WORKING CAPITAL FUND.
8.27The commissioner, to the extent allowed by other law or contract, may grant
8.28available money that has been appropriated for socially or economically disadvantaged
8.29business programs to a guaranty fund administered by a nonprofit organization that makes
8.30or guarantees working capital loans tobusinesses small business concerns owned and
8.31operated by sociallyor and economically disadvantaged persons as defined individuals.
8.32"Small business concern" and "socially and economically disadvantaged individual" have
8.33the meanings given them in Code of Federal Regulations, title 49, section23.5 26.5. The
8.34purpose of loans made or guaranteed by the organization must be to provide short-term
9.1working capital to enable eligible businesses to be awarded contracts for goods and
9.2services or for construction-related services from government agencies.
9.3Money contributed from a constitutionally or statutorily dedicated fund must be used
9.4only for purposes consistent with the purposes of the dedicated fund.
9.5 Sec. 6. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
9.6 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
9.7by the commissioner acting with the advice of a committee selected by the several county
9.8boards acting through the officers of the statewide association of county commissioners.
9.9The committee shall be composed of nine members so selected that each member shall
9.10be from a different state highway construction district. Not more than five of the nine
9.11members of the committee shall be county commissioners. The remaining members shall
9.12be county highway engineers. In the event that agreement cannot be reached on any rule,
9.13the commissioner's determination shall be final. The rules shall be printed and copies
9.14forwarded to the county engineers of the several counties.For the purposes of this section,
9.15the expedited process for adopting rules established in section
14.389 may be used.
9.16(b) Notwithstanding section15.059, subdivision 5 , the committee does not expire.
9.17 Sec. 7. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
9.18 Subd. 3. Rules have force of law. The rulesshall have the force and effect of law
9.19upon compliance with the provisions of sections
14.05 to
14.28
9.20 Sec. 8. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
9.21 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
9.22by the commissioner acting with the advice of a committee selected by the governing
9.23bodies of such cities, acting through the officers of the statewide association of municipal
9.24officials. The committee shall be composed of 12 members, so selected that there shall be
9.25one member from each state highway construction district and in addition one member
9.26from each city of the first class. Not more than six members of the committee shall be
9.27elected officials of the cities. The remaining members of the committee shall be city
9.28engineers. In the event that agreement cannot be reached on any rule the commissioner's
9.29determination shall be final. The rules shall be printed and copies forwarded to the clerks
9.30and engineers of the cities.For the purposes of this section, the expedited process for
9.31adopting rules established in section
14.389 may be used.
9.32(b) Notwithstanding section15.059, subdivision 5 , the committee does not expire.
10.1 Sec. 9. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
10.2 Subd. 3. Rules have force of law. The rulesshall have the force and effect of law
10.3upon compliance with the provisions of sections
14.05 to
14.28
10.4 Sec. 10. Minnesota Statutes 2010, section 162.09, subdivision 4, is amended to read:
10.5 Subd. 4. Federal census is conclusive. (a) In determining whether any city has
10.6a population of 5,000 or more, the last federal census shall be conclusive, except as
10.7otherwise provided in this subdivision.
10.8(b) The governing body of a city may contract with the United States Bureau of the
10.9Census to take a special census. A certified copy of the results of the census shall be filed
10.10with the appropriate state authorities by the city. The result of the census shall be the
10.11population of the city for the purposes of any law providing that population is a required
10.12qualification for distribution of highway aids under chapter 162. The special census shall
10.13remain in effect until the next federal census is completed and filed. The expense of taking
10.14the special census shall be paid by the city.
10.15(c) If an entire area not heretofore incorporated as a city is incorporated as such
10.16during the interval between federal censuses, its population shall be determined by its
10.17incorporation census. The incorporation census shall be determinative of the population of
10.18the city only until the next federal census.
10.19(d) The population of a city created by the consolidation of two or more previously
10.20incorporated cities shall be determined by the most recent population estimate of the
10.21Metropolitan Council or state demographer, until the first federal decennial census or
10.22special census taken after the consolidation.
10.23(e) The population of a city that is not receiving a municipal state-aid street fund
10.24apportionment shall be determined, upon request of the city, by the most recent population
10.25estimate of the Metropolitan Council or state demographer. A municipal state-aid street
10.26fund apportionment received by the city must be based on this population estimate until
10.27the next federal decennial census or special census.
10.28(f) A city that is found in the most recent federal decennial census to have a
10.29population of less than 5,000 is deemed for the purposes of this chapter and the Minnesota
10.30Constitution, article XIV, to have a population of 5,000 or more under the following
10.31circumstances: (1) immediately before the most recent federal decennial census, the city
10.32was receiving municipal state-aid street fund distributions; and (2) the population of
10.33the city was found in the most recent federal decennial census to be less than 5,000.
10.34Following the end of the first calendar year that ends in "5" after the decennial census and
11.1until the next decennial census, the population of any city must be determined under
11.2paragraphs (a) to (e).
11.3EFFECTIVE DATE.This section is effective July 1, 2012.
11.4 Sec. 11. Minnesota Statutes 2010, section 162.13, subdivision 1, is amended to read:
11.5 Subdivision 1. Factors in formula. After deducting for administrative costs and
11.6for the disaster fund and research account as heretofore provided, and for any allocation
11.7made under section162.125 , the remainder of the total sum provided for in subdivision 1
11.8of section162.12 shall be identified as the apportionment sum, and shall be apportioned
11.9by the commissioner to the cities having a population of 5,000 or more, in accordance
11.10with the following formula:
11.11(1) An amount equal to 50 percent of such apportionment sum shall be apportioned
11.12among the cities having a population of 5,000 or more so that each such city shall receive
11.13of such amount the percentage that its money needs bears to the total money needs of
11.14all such cities.
11.15(2) An amount equal to 50 percent of such apportionment sum shall be apportioned
11.16among the cities having a population of 5,000 or more so that each such city shall receive
11.17of such amount the percentage that its population bears to the total population of all such
11.18cities. For purposes of this subdivision, the population of a city is the greater of 5,000
11.19or the number calculated under section 162.09, subdivision 4, paragraph (a), (b), (c),
11.20(d), or (e).
11.21EFFECTIVE DATE.This section is effective July 1, 2012.
11.22 Sec. 12. Minnesota Statutes 2010, section 162.155, is amended to read:
11.23162.155RULES FOR VARIANCES RULEMAKING.
11.24(a) The commissioner shall adopt rules, no later than January 1, 1980, in accordance
11.25with sections
15.041 to
15.052, setting forth the criteria to be considered by the
11.26commissioner in evaluating requests for variances under sections162.02, subdivision 3a
11.27and162.09, subdivision 3a . The rules shall must include, but are not limited to, economic,
11.28engineering and safety guidelines.
11.29(b) The commissioner shall adopt rules establishing the engineering standards
11.30adopted pursuant to section for cost estimation under sections
162.07, subdivision 2 ,
11.31or and
162.13, subdivision 2 , shall be adopted pursuant to the requirements of chapter
11.3215 by July 1, 1980.
12.1(c) The rules adopted by the commissioner under this section, and sections
12.2162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the
12.3rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that,
12.4notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or
12.5superseded by other law or rule.
12.6 Sec. 13. Minnesota Statutes 2010, section 165.01, is amended to read:
12.7165.01 DEFINITIONS.
12.8 Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
12.9section and section160.02 have the meanings given them.
12.10 Subd. 2. AASHTO manual."AASHTO manual" means the Manual for Condition
12.11Evaluation of Bridges, published by the American Association of State Highway and
12.12Transportation Officials. "The Manual for Bridge Evaluation," published by the American
12.13Association of State Highway and Transportation Officials, is incorporated by reference.
12.14 Subd. 3. Bridge. "Bridge" is defined as a structure, including supports erected over
12.15a depression or an obstruction, such as water, a highway, or a railway, having a track or
12.16passageway for carrying traffic or other moving loads, and having an opening measured
12.17horizontally along the center of the roadway of ten feet or more between undercopings of
12.18abutments, between the spring line of arches, or between the extreme ends of openings
12.19for multiple boxes. Bridge also includes multiple pipes where the clear distance between
12.20openings is less than one-half of the smaller contiguous opening. This definition of a
12.21bridge includes only those railroad and pedestrian bridges over a public highway or street.
12.22 Subd. 4. National Bridge Inspection Standards (NBIS). "NBIS" means standards
12.23established by the Federal Highway Administration in Code of Federal Regulations, title
12.2423, part 650, subpart C, incorporated by reference.
12.25 Sec. 14. Minnesota Statutes 2010, section 165.03, is amended to read:
12.26165.03 STRENGTH OF BRIDGE; INSPECTION.
12.27 Subdivision 1. Standards generally. Each bridge, including a privately owned
12.28bridge, must conform to the strength, width, clearance, and safety standards imposed
12.29by the commissioner for the connecting highway or street. This subdivision applies to
12.30a bridge that is constructed after August 1, 1989, on any public highway or street. The
12.31bridge must have sufficient strength to support with safety the maximum vehicle weights
12.32allowed under sections169.822 to
169.829 and must have the minimum width specified
12.33in section165.04, subdivision 3 .
13.1 Subd. 1a. Inspection. (a) Each bridge must be inspected annually, unless a longer
13.2interval not to exceedtwo years 24 months for bridges or four years 48 months for bridges
13.3classified as culverts is authorized by the commissioner. The commissioner's authorization
13.4must be based on factors including, but not limited to, the age and condition of the
13.5bridge, the rate of deterioration of the bridge, the type of structure, the susceptibility of
13.6the bridge to failure, and the characteristics of traffic on the bridge. The commissioner
13.7may require interim inspections at intervals of less than one year on bridges that are
13.8posted, bridges subjected to extreme scour conditions, bridges subject to significant
13.9substructure movement or settlement, and for other reasons as specified or inferred in the
13.10AASHTO manual.
13.11(b) Additional requirements apply to structures meeting the NBIS definition of
13.12a bridge:
13.13(1) Underwater structural elements must be inspected at regular intervals not to
13.14exceed 60 months. The commissioner may require inspections at intervals of less than
13.1560 months on certain underwater structural elements based on factors including, but not
13.16limited to, construction material, environment, age, scour characteristics, the condition
13.17ratings from past inspections, and any known deficiencies.
13.18(2) Fracture critical members, or FCMs, must receive a hands-on fracture critical
13.19inspection at intervals not to exceed 24 months. The commissioner may require
13.20inspections at intervals of less than 24 months on certain FCMs based on factors including,
13.21but not limited to, age, traffic characteristics, and any known deficiencies.
13.22(3) The commissioner may establish criteria to determine the level and frequency of
13.23these inspections. If warranted by special circumstances, the commissioner retains the
13.24authority to determine the inspection type and required inspection frequency for any
13.25bridge on the state inventory.
13.26(b) (c) The thoroughness of each inspection depends on such factors as age, traffic
13.27characteristics, state of maintenance, and known deficiencies. The evaluation of these
13.28factors is the responsibility of the engineer assigned the responsibility for inspection as
13.29defined byrule adopted by the commissioner of transportation.
13.30 Subd. 2. Inspection and inventory responsibilities; rules; forms. (a) The
13.31commissioner of transportation will adopt the National Bridge Inspection Standards
13.32(NBIS) established by the Federal Highway Administration in Code of Federal
13.33Regulations, title 23, part 650, subpart C, or its successor documents, for structures
13.34meeting the NBIS definition of a bridge. The commissioner shall establish inspection and
13.35inventory standards for structures defined as bridges by section 165.01, subdivision 3.
14.1(a) (b) The commissioner of transportation shall adopt official inventory and bridge
14.2inspection report forms for use in making bridge inspections by the owners or highway
14.3authorities specified by this subdivision. Inspections must be made at regular intervals,
14.4not to exceedtwo years for bridges and not to exceed four years for culverts the intervals
14.5outlined in subdivision 1a, by the following owner or official:
14.6 (1) the commissioner of transportation for all bridges located wholly or partially
14.7within or over the right-of-way of a state trunk highway;
14.8 (2) the county highway engineer for all bridges located wholly or partially within or
14.9over the right-of-way of any county or town road, or any street within a municipality that
14.10does not have a city engineer regularly employed;
14.11 (3) the city engineer for all bridges located wholly or partially within or over the
14.12right-of-way of any street located within or along municipal limits;
14.13 (4) the commissioner of transportation in case of a toll bridge that is used by the
14.14general public and that is not inspected and certified under subdivision 6; provided, that
14.15the commissioner of transportation may assess the owner for the costs of the inspection;
14.16 (5) the owner of a bridge over a public highway or street or that carries a roadway
14.17designated for public use by a public authority, if not required to be inventoried and
14.18inspected under clause (1), (2), (3), or (4).
14.19(b) (c) The commissioner of transportation shall prescribe the standards for bridge
14.20inspection and inventory by rules inspection and inventory procedures required to
14.21administer the bridge inspection program in Minnesota and has the authority to establish
14.22and publish standards that describe the inspection and inventory requirements to ensure
14.23compliance with paragraph (a). The owner or highway authority shall inspect and
14.24inventory in accordance with these standards and furnish the commissioner with such data
14.25as may be necessary to maintain a central inventory.
14.26 Subd. 3. County inventory and inspection records and reports. The county
14.27engineer shall maintain a complete inventory record of all bridges as set forth in
14.28subdivision 2, paragraph(a) (b), clause (2), with the inspection reports thereof, and shall
14.29certify annually to the commissioner, as prescribed by the commissioner, that inspections
14.30have been made at regular intervals, not to exceedtwo years for bridges and not to
14.31exceed four years for culverts the intervals outlined in subdivision 1a. A report of the
14.32inspections must be filed annually, on or before February 15 of each year, with the county
14.33auditor or town clerk, or the governing body of the municipality. The report must contain
14.34recommendations for the correction of or legal posting of load limits on any bridge or
14.35structure that is found to be understrength or unsafe.
15.1 Subd. 4. Municipal inventory and inspection records and reports. The
15.2city engineer shall maintain a complete inventory record of all bridges as set forth in
15.3subdivision 2, paragraph(a) (b), clause (3), with the inspection reports thereof, and shall
15.4certify annually to the commissioner, as prescribed by the commissioner, that inspections
15.5have been made at regular intervals, not to exceedtwo years for bridges and not to exceed
15.6four years for culverts the intervals outlined in subdivision 1a. A report of the inspections
15.7must be filed annually, on or before February 15 of each year, with the governing body of
15.8the municipality. The report must contain recommendations for the correction of or legal
15.9posting of load limits on any bridge or structure that is found to be understrength or unsafe.
15.10 Subd. 5. Agreement. Agreements may be made among the various units of
15.11governments, or between governmental units and qualified engineering personnel to
15.12carry out the responsibilities for the bridge inspections and reports, as established by
15.13subdivision 2.
15.14 Subd. 6. Other bridges. The owner of a toll bridge and the owner of a bridge
15.15described in subdivision 2, paragraph(a) (b), clause (5), shall certify to the commissioner,
15.16as prescribed by the commissioner, that inspections of the bridge or culvert have been
15.17made at regular intervals, not to exceedtwo years for bridges and not to exceed four years
15.18for culverts the intervals outlined in subdivision 1a. The certification must be accompanied
15.19by a report of the inspection. The report must contain recommendations for the correction
15.20of or legal posting of load limitations if the bridge is found to be understrength or unsafe.
15.21 Subd. 6a. Bridge load rating and posting. (a) The term "posting" means the
15.22placement of regulatory signs at a bridge indicating the safe load carrying capacity of
15.23the bridge.
15.24(b) Each structure required to be inspected under subdivision 2, paragraph (a), must
15.25be load rated to determine its safe load carrying capacity, and this rating must be reported
15.26on a structure inventory sheet form provided by the commissioner of transportation. A
15.27structure must be rerated when it is determined that a significant change has occurred in
15.28the condition of the structure or due to additional dead load placed on the structure since
15.29the last load rating. Load ratings must be reviewed and the structure rerated if necessary
15.30when the allowable legal load using the structure is increased. Changes in the load rating
15.31of a bridge must be indicated on the structure inventory sheet form.
15.32(c) If it is determined that the maximum legal load under state law exceeds the load
15.33permitted on the structure under the operating rating stress level assigned, the bridge must
15.34be posted. Posting signs adopted by the commissioner shall be used for the posting. The
15.35owner or highway authority shall post the bridge in accordance with the posted load
15.36assigned by the commissioner.
16.1 Subd. 7. Department of Natural Resources bridge. (a) Notwithstanding
16.2subdivision 2, the commissioners of transportation and natural resources shall negotiate a
16.3memorandum of understanding that governs the inspection of bridges owned, operated,
16.4or maintained by the commissioner of natural resources.
16.5 (b) The memorandum of understanding must provide for:
16.6 (1) the inspection and inventory of bridges subject to federal law or regulations;
16.7 (2) the frequency of inspection of bridges described inparagraph (a) subdivision
16.81a; and
16.9 (3) who may perform inspections required under the memorandum of understanding.
16.10 Subd. 8. Biennial report on bridge inspection quality assurance. By February
16.111 of each odd-numbered year, the commissioner shall submit a report electronically to
16.12the members of the senate and house of representatives committees with jurisdiction over
16.13transportation policy and finance concerning quality assurance for bridge inspections.
16.14At a minimum, the report must:
16.15(1) summarize the bridge inspection quality assurance and quality control procedures
16.16used in Minnesota;
16.17(2) identify any substantive changes to quality assurance and quality control
16.18procedures made in the previous two years;
16.19(3) summarize and provide a briefing on findings from bridge inspection quality
16.20reviews performed in the previous two years;
16.21(4) identify actions taken and planned in response to findings from bridge inspection
16.22quality reviews performed in the previous two years;
16.23(5) summarize the results of any bridge inspection compliance review by the Federal
16.24Highway Administration; and
16.25(6) identify actions in response to the Federal Highway Administration compliance
16.26review taken by the department in order to reach full compliance.
16.27 Sec. 15. Minnesota Statutes 2010, section 168.002, subdivision 19, is amended to read:
16.28 Subd. 19. Motorcycle. "Motorcycle"means every motor vehicle having a seat or
16.29saddle for the use of the rider and designed to travel on not more than three wheels in
16.30contact with the ground, including motor scooters and bicycles with motor attached, other
16.31than those vehicles defined as motorized bicycles in subdivision 20, but excluding a tractor
16.32has the meaning given in section 169.011, subdivision 44.
16.33 Sec. 16. Minnesota Statutes 2010, section 168.002, subdivision 20, is amended to read:
17.1 Subd. 20. Motorized bicycle. "Motorized bicycle"means a bicycle that is propelled
17.2by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
17.3centimeters or less, and a maximum of two brake horsepower, which is capable of a
17.4maximum speed of not more than 30 miles per hour on a flat surface with not more than
17.5one percent grade in any direction when the motor is engaged. "Motorized bicycle"
17.6includes an electric-assisted bicycle as defined in section
169.011, subdivision 27
17.7meaning given in section 169.011, subdivision 45.
17.8 Sec. 17. Minnesota Statutes 2010, section 168.012, is amended by adding a subdivision
17.9to read:
17.10 Subd. 2d. Electric-assisted bicycles. Electric-assisted bicycles must not be taxed as
17.11motor vehicles using the public streets and highways, and are exempt from the provisions
17.12of this chapter.
17.13 Sec. 18. Minnesota Statutes 2010, section 168.013, is amended by adding a subdivision
17.14to read:
17.15 Subd. 22. Optional donation for education on anatomical gifts. As part of
17.16procedures for payment of the vehicle registration tax under this section, the commissioner
17.17shall allow a vehicle owner to add to the tax a $2 donation for the purposes of public
17.18information and education on anatomical gifts under section 171.075, for in-person
17.19transactions conducted by a deputy registrar appointed under section 168.33, subdivision
17.202. This subdivision applies to annual renewal registrations only, and does not apply to
17.21registrations authorized under sections 168.053 to 168.057, 168.127, 168.187, and 168.27.
17.22EFFECTIVE DATE.This section is effective January 1, 2013.
17.23 Sec. 19. Minnesota Statutes 2011 Supplement, section 168.12, subdivision 5, is
17.24amended to read:
17.25 Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax
17.26otherwise imposed upon any vehicle, the payment of which is required as a condition to
17.27the issuance of any plate or plates, the commissioner shall impose the fee specified in
17.28paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
17.29or plates, except for plates issued to disabled veterans as defined in section168.031 and
17.30plates issued pursuant to section168.124 ,
168.125 , or
168.27, subdivisions 16 and 17 ,
17.31for passenger automobiles. The commissioner shall issue graphic design plates only
17.32for vehicles registered pursuant to section168.017 and recreational vehicles registered
17.33pursuant to section168.013, subdivision 1g .
18.1 (b) Unless otherwise specified or exempted by statute, the following plate and
18.2validation sticker fees apply for the original, duplicate, or replacement issuance of a
18.3plate in a plate year:
18.15 (c) For vehicles that require two of the categories above, the registrar shall only
18.16charge the higher of the two fees and not a combined total.
18.17(d) As part of procedures for payment of the fee under paragraph (b), the
18.18commissioner shall allow a vehicle owner to add to the fee, a $2 donation for the purposes
18.19of public information and education on anatomical gifts under section
171.075.
18.20EFFECTIVE DATE.This section is effective the day following final enactment.
18.21 Sec. 20. Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1, is
18.22amended to read:
18.23 Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for
18.24each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
18.25the registration tax required by law, and compliance with other applicable laws relating to
18.26vehicle registration and licensing, as applicable, the commissioner shall issue:
18.27(1) special veteran's plates to an applicant who served in the active military service
18.28in a branch of the armed forces of the United States or of a nation or society allied with the
18.29United States in conducting a foreign war, was discharged under honorable conditions, and
18.30is a registered owner of a passenger automobile as defined in section168.002 , subdivision
18.3124, recreational motor vehicle as defined in section168.002, subdivision 27 , or one-ton
18.32pickup truck as defined in section168.002, subdivision 21b , but which is not a commercial
18.33motor vehicle as defined in section169.011, subdivision 16 ; or
18.34(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
18.35(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
18.36who is a registered owner of a motorcycle as defined in section168.002, subdivision 19 ,
19.1and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (f), (h),
19.2(i), or (j). Plates issued under this clause must be the same size as regular motorcycle
19.3plates. Special motorcycle license plates issued under this clause are not subject to
19.4section168.1293 .
19.5(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
19.6only when the plates are issued, and is not payable in a year in which stickers are issued
19.7instead of plates.
19.8(c) The veteran must have a certified copy of the veteran's discharge papers,
19.9indicating character of discharge, at the time of application. If an applicant served in the
19.10active military service in a branch of the armed forces of a nation or society allied with the
19.11United States in conducting a foreign war and is unable to obtain a record of that service
19.12and discharge status, the commissioner of veterans affairs may certify the applicant as
19.13qualified for the veterans' plates provided under this section.
19.14(d) For license plates issued for one-ton trucks described in paragraph (a), clause
19.15(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
19.16paragraph (a). The surcharge must be deposited in the vehicle services operating account
19.17in the special revenue fund.
19.18EFFECTIVE DATE.This section is effective the day following final enactment.
19.19 Sec. 21. Minnesota Statutes 2010, section 168A.03, subdivision 1, is amended to read:
19.20 Subdivision 1. No certificate issued. The registrar shall not issue a certificate of
19.21title for:
19.22 (1) a vehicle owned by the United States;
19.23 (2) a vehicle owned by a nonresident and not required by law to be registered in
19.24this state;
19.25 (3) a vehicle owned by a nonresident and regularly engaged in the interstate
19.26transportation of persons or property for which a currently effective certificate of title
19.27has been issued in another state;
19.28 (4) a vehicle moved solely by animal power;
19.29 (5) an implement of husbandry;
19.30 (6) special mobile equipment;
19.31 (7) a self-propelled wheelchair or invalid tricycle;
19.32 (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
19.33holds an interest in the trailer or a certificate of title was previously issued by this state or
19.34any other state or (ii) designed primarily for agricultural purposes except a recreational
20.1vehicle or a manufactured home, both as defined in section168.002, subdivisions 16
20.2and 27 ;
20.3 (9) a snowmobile;and
20.4 (10) a spotter truck, as defined in section169.011, subdivision 77 ; and
20.5(11) an electric-assisted bicycle, as defined in section 169.011, subdivision 27.
20.6 Sec. 22. Minnesota Statutes 2010, section 168A.07, subdivision 1, is amended to read:
20.7 Subdivision 1. Ownership at issue; certificate withheld or bond filed. In the event
20.8application is made in this state for a certificate of title on a vehicle and the department is
20.9not satisfied as to the ownership of the vehicle or the existence of security interests therein,
20.10the vehicle may be registered but the department, subject to subdivision 1a, shall either:
20.11(1) withhold issuance of a certificate of title until the applicant shall present
20.12documents reasonably sufficient to satisfy the department of the applicant's ownership of
20.13the vehicle and as to any security interest therein; or
20.14(2) as a condition to issuing a certificate of title, require the applicant to file a bond
20.15in the form and amount provided in subdivision 1b.
20.16 Subd. 1a. Ownership at issue; requirements for certificate issuance. (a) In the
20.17event application is made in this state for a certificate of title on a vehicle with a model
20.18year designated by the manufacturer of more than five years prior to the year in which
20.19application is made, and the applicant is unable to establish sole ownership of the vehicle
20.20because one or more owners, prior owners, or lienholders cannot be found, the department
20.21shall issue a certificate of title to the applicant if the applicant submits:
20.22(1) the application;
20.23(2) a bond in the form and amount provided in subdivision 1b;
20.24(3) an affidavit that identifies the make, model year, and vehicle identification
20.25number of the vehicle, and includes a statement that:
20.26(i) the applicant is an owner of the vehicle;
20.27(ii) the applicant has physical possession of the vehicle; and
20.28(iii) in attempting to transfer interest in the vehicle or obtain a certificate of title or
20.29lien release, the applicant was unable after using due diligence to (A) determine the names
20.30or locations of one or more owners, prior owners, or lienholders; or (B) successfully
20.31contact one or more owners, prior owners, or lienholders known to the applicant; and
20.32(4) payment for required taxes and fees.
20.33(b) Unless the department has been notified of the pendency of an action to recover
20.34the bond under paragraph (a), clause (2), the department shall allow it to expire at the
20.35end of three years.
21.1 Subd. 1b. Bond requirements. A bond filed under this section must be in the form
21.2prescribed by the department and executed by the applicant, and either accompanied by the
21.3deposit of cash or executed by a surety company authorized to do business in this state, in
21.4an amount equal to 1-1/2 times the value of the vehicle as determined by the department.
21.5The bond shall be conditioned to indemnify any prior owner and secured party and any
21.6subsequent purchaser of the vehicle or person acquiring any security interest therein, or the
21.7successor in interest of any said person, against any expense, loss, or damage, including
21.8reasonable attorneys' fees, by reason of the issuance of the certificate of title to the vehicle
21.9or on account of any defect in or undisclosed security interest upon the right, title and
21.10interest of the applicant in and to the vehicle. Any such interested person shall have a right
21.11of action to recover on such bond for any breach of its conditions, but the aggregate
21.12liability of the surety to all such persons shall in no event exceed the amount of the bond.
21.13Unless the department has been notified of the pendency of an action to recover on the
21.14bond and if all questions as to ownership and outstanding security interests have been
21.15resolved to the satisfaction of the department, such bond, and any deposit accompanying
21.16it, shall be returned at the end of three years or prior thereto in the event the vehicle is no
21.17longer registered in this state and the currently valid certificate of title is surrendered.
21.18 Sec. 23. Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read:
21.19 Subd. 4. Bicycle. (a) "Bicycle" means every device capable of being propelled
21.20solely by human power upon which any person may ride, having two tandem wheels
21.21except scooters and similar devices, and including any device generally recognized
21.22as a bicycle though equipped with two front or rear wheels. Bicycle includes an
21.23electric-assisted bicycle, as defined in subdivision 27.
21.24(b) "Bicycle" does not include scooters, motorized foot scooters, or similar devices.
21.25 Sec. 24. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
21.26 Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means amotor
21.27vehicle bicycle with two or three wheels that:
21.28(1) has a saddle and fully operable pedals for human propulsion;
21.29(2) meets the requirements:
21.30(i) of federal motor vehicle safety standards for a motor-driven cycle in Code of
21.31Federal Regulations, title 49, sections571.1 et seq.; or
21.32(ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor
21.33requirements; and
22.1(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
22.2is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
22.3incapable of further increasing the speed of the device when human power alone is used
22.4to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
22.5ceases to function when the vehicle's brakes are applied.
22.6 Sec. 25. Minnesota Statutes 2010, section 169.011, subdivision 44, is amended to read:
22.7 Subd. 44. Motorcycle. "Motorcycle" means every motor vehicle having a seat or
22.8saddle for the use of the rider and designed to travel on not more than three wheels in
22.9contact with the ground, including motor scootersand bicycles with motor attached,
22.10other than those vehicles defined as. Motorcycle does not include (1) motorized bicycles
22.11as defined in subdivision 45,but excluding (2) electric-assisted bicycles as defined in
22.12subdivision 27, or (3) a tractor.
22.13 Sec. 26. Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read:
22.14 Subd. 45. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled
22.15by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
22.16centimeters or less, and a maximum of two brake horsepower, which is capable of a
22.17maximum speed of not more than 30 miles per hour on a flat surface with not more than
22.18one percent grade in any direction when the motor is engaged."Motorized bicycle"
22.19includes does not include an electric-assisted bicycle as defined in subdivision 27.
22.20 Sec. 27. Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:
22.21 Subd. 4. Obedience to traffic-control signal or flagger; presumptions. (a) The
22.22driver of any vehicle shall obey the instructions of any official traffic-control device
22.23applicable thereto placed in accordance with the provisions of this chapter, unless
22.24otherwise directed by a police officer or by acertified overdimensional load escort driver
22.25flagger authorized under this subdivision, subject to the exceptions granted the driver of
22.26an authorized emergency vehicle in this chapter.
22.27(b) No provision of this chapter for which official traffic-control devices are required
22.28shall be enforced against an alleged violator if at the time and place of the alleged
22.29violation an official device is not in proper position and sufficiently legible to be seen by
22.30an ordinarily observant person. Whenever a particular section does not state that official
22.31traffic-control devices are required, such section shall be effective even though no devices
22.32are erected or in place.
23.1(c) Whenever official traffic-control devices are placed in position approximately
23.2conforming to the requirements of this chapter, such devices shall be presumed to have
23.3been so placed by the official act or direction of lawful authority, unless the contrary
23.4shall be established by competent evidence.
23.5(d) Any official traffic-control device placed pursuant to the provisions of this
23.6chapter and purporting to conform to the lawful requirements pertaining to such devices
23.7shall be presumed to comply with the requirements of this chapter, unless the contrary
23.8shall be established by competent evidence.
23.9(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
23.10until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
23.11been stopped by a flagger in a designated work zone may proceed after stopping only on
23.12instruction by the flagger.
23.13(f) An overdimensional load escort driver with a certificate issued under section
23.14299D.085
, while acting as a flagger escorting a legal overdimensional load, may stop
23.15vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
23.16operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
23.17proceed only on instruction by the flagger or a police officer.
23.18(g) A person may stop and hold vehicles in place until it is safe for the vehicles to
23.19proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
23.20171.60; (2) meets the safety and equipment standards for operating under the certificate;
23.21(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
23.22or home rule charter city through which the motorcycle group is proceeding; and (5)
23.23has obtained consent from the chief of police, or the chief's designee, of any city of the
23.24first class through which the group is proceeding. A flagger operating as provided under
23.25this paragraph may direct operators of motorcycles within a motorcycle group ride or
23.26other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
23.27including stop signs or traffic-control signals. A person operating a vehicle that has been
23.28stopped by a flagger under this paragraph may proceed only on instruction by the flagger
23.29or a police officer.
23.30EFFECTIVE DATE.This section is effective one year after publication in the State
23.31Register of rules adopted under section 171.60, subdivision 5.
23.32 Sec. 28. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
23.33 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
23.34reports and supplemental information required under this section must be for the use of the
24.1commissioner of public safety and other appropriate state, federal, county, and municipal
24.2governmental agencies for accident analysis purposes, except:
24.3(1) the commissioner of public safety or any law enforcement agency shall, upon
24.4written request of any individual involved in an accident or upon written request of the
24.5representative of the individual's estate, surviving spouse, or one or more surviving next
24.6of kin, or a trustee appointed under section573.02 , or other person injured in person,
24.7property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
24.8disclose to the requester, the requester's legal counsel, or a representative of the requester's
24.9insurer the report required under subdivision 8;
24.10(2) the commissioner of public safety shall, upon written request, provide the driver
24.11filing a report under subdivision 7 with a copy of the report filed by the driver;
24.12(3) the commissioner of public safety may verify with insurance companies vehicle
24.13insurance information to enforce sections65B.48 ,
169.792 ,
169.793 ,
169.796 , and
24.14169.797
;
24.15(4) the commissioner of public safety shall provide the commissioner of
24.16transportation the information obtained for each traffic accident involving a commercial
24.17motor vehicle, for purposes of administering commercial vehicle safety regulations;and
24.18(5) upon specific request, the commissioner of public safety shall provide the
24.19commissioner of transportation the information obtained regarding each traffic accident
24.20involving damage to identified state-owned infrastructure, for purposes of debt collection
24.21under section 161.20, subdivision 4; and
24.22(5) (6) the commissioner of public safety may give to the United States Department
24.23of Transportation commercial vehicle accident information in connection with federal
24.24grant programs relating to safety.
24.25(b) Accident reports and data contained in the reports are not discoverable under any
24.26provision of law or rule of court. No report shall be used as evidence in any trial, civil or
24.27criminal, or any action for damages or criminal proceedings arising out of an accident.
24.28However, the commissioner of public safety shall furnish, upon the demand of any person
24.29who has or claims to have made a report or upon demand of any court, a certificate
24.30showing that a specified accident report has or has not been made to the commissioner
24.31solely to prove compliance or failure to comply with the requirements that the report be
24.32made to the commissioner.
24.33(c) Nothing in this subdivision prevents any individual who has made a report under
24.34this section from providing information to any individuals involved in an accident or their
24.35representatives or from testifying in any trial, civil or criminal, arising out of an accident,
24.36as to facts within the individual's knowledge. It is intended by this subdivision to render
25.1privileged the reports required, but it is not intended to prohibit proof of the facts to
25.2which the reports relate.
25.3(d) Disclosing any information contained in any accident report, except as provided
25.4in this subdivision, section13.82, subdivision 3 or 6 , or other statutes, is a misdemeanor.
25.5(e) The commissioner of public safety shall charge authorized persons as described
25.6in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
25.7collected under this paragraph must be deposited in the special revenue fund and credited
25.8to the driver services operating account established in section299A.705 and ten percent
25.9must be deposited in the general fund. The commissioner may also furnish an electronic
25.10copy of the database of accident records, which must not contain personal or private data
25.11on an individual, to private agencies as provided in paragraph (g), for not less than the cost
25.12of preparing the copies on a bulk basis as provided in section13.03, subdivision 3 .
25.13(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
25.14enforcement agencies shall charge commercial users who request access to response or
25.15incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
25.16user" is a user who in one location requests access to data in more than five accident
25.17reports per month, unless the user establishes that access is not for a commercial purpose.
25.18Of the money collected by the commissioner under this paragraph, 90 percent must be
25.19deposited in the special revenue fund and credited to the driver services operating account
25.20established in section299A.705 and ten percent must be deposited in the general fund.
25.21(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
25.22provide an electronic copy of the accident records database to the public on a case-by-case
25.23basis using the cost-recovery charges provided for under section13.03, subdivision
25.243 . The database provided must not contain personal or private data on an individual.
25.25However, unless the accident records database includes the vehicle identification number,
25.26the commissioner shall include the vehicle registration plate number if a private agency
25.27certifies and agrees that the agency:
25.28(1) is in the business of collecting accident and damage information on vehicles;
25.29(2) will use the vehicle registration plate number only for identifying vehicles that
25.30have been involved in accidents or damaged, to provide this information to persons
25.31seeking access to a vehicle's history and not for identifying individuals or for any other
25.32purpose; and
25.33(3) will be subject to the penalties and remedies under sections13.08 and
13.09 .
25.34 Sec. 29. Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read:
26.1 Subd. 6. Bicycle equipment. (a) No person shall operate a bicycle at nighttime
26.2unless the bicycle or its operator is equipped with (1) a lamp whichshall emit emits
26.3a white light visible from a distance of at least 500 feet to the front; andwith (2) a red
26.4reflector of a type approved by the Department of Public Safety which is visible from all
26.5distances from 100 feet to 600 feet to the rear when directly in front of lawful lower
26.6beams of headlamps on a motor vehicle.
26.7(b) No person may operate a bicycle at any time when there is not sufficient light to
26.8render persons and vehicles on the highway clearly discernible at a distance of 500 feet
26.9ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be
26.10visible during the hours of darkness from 600 feet when viewed in front of lawful lower
26.11beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective
26.12materials on each side of each pedal to indicate their presence from the front or the rear and
26.13with a minimum of 20 square inches of reflective material on each side of the bicycle or its
26.14operator. Any bicycle equipped with side reflectors as required by regulations for new
26.15bicycles prescribed by the United States Consumer Product Safety Commission shall be
26.16considered to meet the requirements for side reflectorization contained in this subdivision.
26.17(c) A bicycle may be equipped with a front lamp that emits a white flashing signal,
26.18or a rear lamp that emits a red flashing signal, or both.
26.19(d) A bicycle may be equipped with tires having studs, spikes, or other protuberances
26.20designed to increase traction.
26.21(b) (e) No person shall operate a bicycle unless it is equipped with a brake which
26.22will enable the operator to make the braked wheels skid on dry, level, clean pavement.
26.23(c) (f) No person shall operate upon a highway any two-wheeled bicycle equipped
26.24with handlebars so raised that the operator must elevate the hands above the level of the
26.25shoulders in order to grasp the normal steering grip area.
26.26(d) (g) No person shall operate upon a highway any bicycle which is of such a size
26.27as to prevent the operator from stopping the bicycle, supporting it with at least one foot
26.28on the highway surface and restarting in a safe manner.
26.29 Sec. 30. Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
26.30to read:
26.31 Subd. 6b. Operator age. No person under the age of 15 shall operate an
26.32electric-assisted bicycle.
26.33 Sec. 31. Minnesota Statutes 2010, section 169.222, subdivision 7, is amended to read:
27.1 Subd. 7. Sale with reflectors and other equipment. No person shall sell or offer for
27.2sale any new bicycle unless it is equipped with reflectors and other equipment as required
27.3by subdivision 6,clauses (a) and paragraphs (b) and (e) and by the applicable regulations
27.4for new bicycles prescribed by the United States Consumer Product Safety Commission.
27.5 Sec. 32. Minnesota Statutes 2010, section 169.223, subdivision 1, is amended to read:
27.6 Subdivision 1. Safety equipment; parking.Except as otherwise provided in this
27.7section, Section
169.974 relating to motorcycles is applicable to motorized bicycles,
27.8except as otherwise provided in this section and except that:
27.9(1) protective headgear includes headgear that meets theAmerican National
27.10Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the
27.11American National Standards Institute, Inc. standards under Code of Federal Regulations,
27.12title 16, part 1203, or successor requirements;
27.13(2) a motorized bicycle equipped with a headlight and taillight meeting the
27.14requirements of lighting for motorcycles may be operated during nighttime hours;
27.15(3)except as provided in clause (5), protective headgear is not required for operators
27.1618 years of age or older; and
27.17(4) the provisions of section169.222 , subdivision 9, governing the parking of
27.18bicycles apply to motorized bicycles;.
27.19(5) the operator of an electric-assisted bicycle must wear properly fitted and
27.20fastened headgear that meets the American National Standard for Protective Headgear for
27.21Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute,
27.22Inc., when operating the electric-assisted bicycle on a street or highway; and
27.23(6) eye protection devices are not required for operators of electric-assisted bicycles.
27.24 Sec. 33. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
27.25 Subd. 5. Other operation requirements and prohibitions. (a) A person operating
27.26a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
27.27or edge of the roadway except in one of the following situations:
27.28(1) when overtaking and passing another vehicle proceeding in the same direction;
27.29(2) when preparing for a left turn at an intersection or into a private road or
27.30driveway; or
27.31(3) when reasonably necessary to avoid conditions, including fixed or moving
27.32objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
27.33it unsafe to continue along the right-hand curb or edge.
28.1(b) Persons operating motorized bicycles on a roadway may not ride more than two
28.2abreast and may not impede the normal and reasonable movement of traffic. On a laned
28.3roadway, a person operating a motorized bicycle shall ride within a single lane.
28.4(c) This section does not permit the operation of a motorized bicycle on a bicycle
28.5path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic.
28.6(d) Subject to the provisions of section
160.263, subdivision 3, a person may operate
28.7an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted
28.8bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same
28.9direction as the adjacent vehicular traffic.
28.10 Sec. 34. Minnesota Statutes 2010, section 169.72, subdivision 1, is amended to read:
28.11 Subdivision 1. Solid rubber, metal, and studded tires; exceptions; permits. (a)
28.12Every solid rubber tire on a vehicleshall must have rubber on its entire traction surface at
28.13least one inch thick above the edge of the flange of the entire periphery.
28.14(b) No person shall operate or move on any highway any motor vehicle, trailer, or
28.15semitrailer, having any metal tire in contact with the roadway, except in case of emergency.
28.16(c) Except as provided in this section, no tire on a vehicle moved on a highway shall
28.17have on its periphery any block, stud, flange, cleat, or spike or any other protuberances
28.18of any material other than rubber which projects beyond the tread of the traction surface
28.19of the tire.
28.20(d) Itshall be is permissible to use any of the following on highways:
28.21(1) implements of husbandry with tires having protuberances which will not injure
28.22the highway, and;
28.23(2) tire chains of reasonable proportions upon any vehicle when required for safety
28.24because of snow, ice, or other conditions tending to cause a vehicle to skid; and
28.25(3) tires on a bicycle as provided in section 169.222, subdivision 6.
28.26(d) (e) The commissioner and local authorities in their respective jurisdictions may,
28.27in their discretion, issue special permits authorizing the operation upon a highway of
28.28traction engines or tractors having movable tracks with transverse corrugations upon the
28.29periphery of such movable tracks or farm tractors or other farm machinery, the operation
28.30of which upon a highway would otherwise be prohibited under this chapter.
28.31 Sec. 35. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
28.32amended to read:
28.33 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
28.34respect to highways under the commissioner's jurisdiction, may charge a fee for each
29.1permit issued. Unless otherwise specified, all such fees for permits issued by the
29.2commissioner of transportation shall be deposited in the state treasury and credited to
29.3the trunk highway fund. Except for those annual permits for which the permit fees are
29.4specified elsewhere in this chapter, the fees shall be:
29.5 (a) $15 for each single trip permit.
29.6 (b) $36 for each job permit. A job permit may be issued for like loads carried on
29.7a specific route for a period not to exceed two months. "Like loads" means loads of the
29.8same product, weight, and dimension.
29.9 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
29.10months. Annual permits may be issued for:
29.11 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
29.12or well-being of the public;
29.13 (2) motor vehicles which travel on interstate highways and carry loads authorized
29.14under subdivision 1a;
29.15 (3) motor vehicles operating with gross weights authorized under section169.826,
29.16subdivision 1a ;
29.17 (4) special pulpwood vehicles described in section169.863 ;
29.18 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
29.19 (6) noncommercial transportation of a boat by the owner or user of the boat;
29.20 (7) motor vehicles carrying bales of agricultural products authorized under section
29.21169.862
; and
29.22(8) special milk-hauling vehicles authorized under section169.867 .
29.23 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
29.24consecutive months. Annual permits may be issued for:
29.25 (1) mobile cranes;
29.26 (2) construction equipment, machinery, and supplies;
29.27 (3) manufactured homes and manufactured storage buildings;
29.28 (4) implements of husbandry;
29.29 (5) double-deck buses;
29.30 (6) commercial boat hauling and transporting waterfront structures, including, but
29.31not limited to, portable boat docks and boat lifts;
29.32 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
29.33for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
29.34the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
29.35only while operating on twin-trailer routes designated under section169.81, subdivision 3 ,
29.36paragraph (c); and
30.1(8) vehicles operating on that portion of marked Trunk Highway 36 described in
30.2section169.81, subdivision 3 , paragraph (e).
30.3 (e) For vehicles which have axle weights exceeding the weight limitations of
30.4sections169.823 to
169.829 , an additional cost added to the fees listed above. However,
30.5this paragraph applies to any vehicle described in section168.013, subdivision 3 ,
30.6paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
30.7that paragraph, and then the additional cost is for all weight, including the allowance
30.8weight, in excess of the permitted maximum axle weight. The additional cost is equal
30.9to the product of the distance traveled times the sum of the overweight axle group cost
30.10factors shown in the following chart:
30.34The amounts added are rounded to the nearest cent for each axle or axle group. The
30.35additional cost does not apply to paragraph (c), clauses (1) and (3).
30.36For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
30.37fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
30.38in addition to the normal permit fee. Miles must be calculated based on the distance
30.39already traveled in the state plus the distance from the point of detection to a transportation
30.40loading site or unloading site within the state or to the point of exit from the state.
30.41 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
30.42or oversize and overweight, mobile cranes; construction equipment, machinery, and
31.1supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
31.2are as follows:
31.11If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
31.12under paragraph (e).
31.13 (g) For vehicles which exceed the width limitations set forth in section169.80 by
31.14more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
31.15when the permit is issued while seasonal load restrictions pursuant to section169.87 are
31.16in effect.
31.17 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
31.18refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
31.19a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section169.828,
31.20subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
31.21pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
31.22pounds.
31.23 (i) $300 for a motor vehicle described in section169.8261 . The fee under this
31.24paragraph must be deposited as follows:
31.25(1) in fiscal years 2005 through 2010:
31.26(i) (1) the first $50,000 in each fiscal year must be deposited in the trunk highway
31.27fund for costs related to administering the permit program and inspecting and posting
31.28bridges; and
31.29(ii) (2) all remaining money in each fiscal year must be deposited in a the bridge
31.30inspection and signing accountin the special revenue fund as provided under subdivision
31.315a.Money in the account is appropriated to the commissioner for:
31.32(A) inspection of local bridges and identification of local bridges to be posted,
31.33including contracting with a consultant for some or all of these functions; and
31.34(B) erection of weight-posting signs on local bridges; and
31.35(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
31.36fund.
32.1 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
32.2under authority of section169.824, subdivision 2 , paragraph (a), clause (2).
32.3EFFECTIVE DATE.This section is effective July 1, 2012.
32.4 Sec. 36. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
32.5to read:
32.6 Subd. 5a. Bridge inspection and signing account; appropriation. (a) A bridge
32.7inspection and signing account is established in the special revenue fund. The account
32.8consists of fees for special permits as specified under this chapter, and any other money
32.9donated, allotted, transferred, or otherwise provided to the account.
32.10 (b) The revenue in the bridge inspection and signing account under this subdivision
32.11is annually appropriated to the commissioner for:
32.12 (1) inspection of local bridges and identification of local bridges to be posted,
32.13including contracting with a consultant for some or all of these functions; and
32.14 (2) erection of weight-posting signs on local bridges.
32.15EFFECTIVE DATE.This section is effective July 1, 2012.
32.16 Sec. 37. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
32.17 Subd. 4. Deposit of revenues; appropriation. (a) Revenue from the permits issued
32.18by the commissioner under this section must be deposited:
32.19(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account
32.20in the special revenue fund; and
32.21(2) in fiscal year 2012 and subsequent years, in the trunk highway fund as provided
32.22under section 169.86, subdivision 5a.
32.23(b) The revenue in the bridge inspection and signing account under this section is
32.24annually appropriated to the commissioner for:
32.25(1) inspection of local bridges and identification of local bridges to be posted,
32.26including contracting with a consultant for some or all of these functions; and
32.27(2) erection of weight-posting signs on local bridges.
32.28EFFECTIVE DATE.This section is effective July 1, 2012.
32.29 Sec. 38. Minnesota Statutes 2010, section 169.872, subdivision 1a, is amended to read:
32.30 Subd. 1a. Limit on civil penalties. A civil penalty for excessive weight under
32.31section169.871 may be imposed based on a record of a shipment under this section only if
32.32a state law enforcement officer or motor transportation representative: (1) has inspected
33.1and copied the record within 14 days of the date the shipment was received by the person
33.2keeping the record; and (2) has assessed the penalty within 90 days of the date the officer
33.3or representative inspected and copied the record.
33.4 Sec. 39. Minnesota Statutes 2010, section 169.98, subdivision 1, is amended to read:
33.5 Subdivision 1. Colors and markings. (a) Except as provided in subdivisions 2 and
33.62a, all motor vehicles which are primarily used in the enforcement of highway traffic rules
33.7by the State Patrol or for general uniform patrol assignment by any municipal police
33.8department or other law enforcement agency, except conservation officers, shall have
33.9uniform colors and markings as provided in this subdivision. Motor vehicles of:
33.10(1) municipal police departments, including the University of Minnesota Police
33.11Department and park police units, shall be predominantly blue, brown, green, black,
33.12or white;
33.13(2) the State Patrol shall be predominantly maroon; and
33.14(3) the county sheriff's office shall be predominantly brown, black, gold, or white.
33.15(b) The identity of the governmental unit operating the vehicle shall be displayed on
33.16both front door panels and on the rear of the vehicle. The identity may be in the form of
33.17a shield or emblem, or may be the word "police," "sheriff," or the words "State Patrol"
33.18or "conservation officer," as appropriate, with letters not less than 2-1/2 inches high,
33.19one-inch wide and of a three-eighths inch brush stroke. The identity shall be of a color
33.20contrasting with the background color so that the motor vehicle is easily identifiable as
33.21belonging to a specific type of law enforcement agency. Each vehicle shall be marked
33.22with its own identifying number on the rear of the vehicle. The number shall be printed
33.23in the same size and color required pursuant to this subdivision for identifying words
33.24which may be displayed on the vehicle.
33.25 Sec. 40. Minnesota Statutes 2010, section 169.98, subdivision 3, is amended to read:
33.26 Subd. 3. Security guard vehicle. (a) All motor vehicles which are used by security
33.27guards in the course of their employment may have any color other than those specified in
33.28subdivision 1 for law enforcement vehicles. The identity of the security service shall be
33.29displayed on the motor vehicle as required for law enforcement vehicles.
33.30(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may
33.31continue to use a motor vehicle that is predominantly black in the course of the guard's
33.32employment if the vehicle was being used in this manner before August 1, 2002.
34.1(c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may
34.2continue to use a motor vehicle that is predominantly gold in the course of the guard's
34.3employment if the vehicle was being used in this manner before August 1, 2012.
34.4 Sec. 41. Minnesota Statutes 2010, section 171.01, subdivision 41, is amended to read:
34.5 Subd. 41. Motorized bicycle. "Motorized bicycle"means a bicycle that is propelled
34.6by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
34.7centimeters or less, and a maximum of two brake horsepower, which is capable of a
34.8maximum speed of not more than 30 miles per hour on a flat surface with not more than
34.9one percent grade in any direction when the motor is engaged. "Motorized bicycle"
34.10includes an electric-assisted bicycle as defined in section
169.011, subdivision 27
34.11meaning given in section 169.011, subdivision 45.
34.12 Sec. 42. Minnesota Statutes 2011 Supplement, section 171.075, subdivision 1, is
34.13amended to read:
34.14 Subdivision 1. Anatomical gift account. An anatomical gift account is established
34.15in the special revenue fund. The account consist of funds donated under sections168.12
34.16168.013, subdivision5 22, and
171.06, subdivision 2 , and any other money donated,
34.17allotted, transferred, or otherwise provided to the account. Money in the account is
34.18annually appropriated to the commissioner for (1) grants under subdivision 2, and (2)
34.19administrative expenses in implementing the donation and grant program.
34.20EFFECTIVE DATE.This section is effective January 1, 2013.
34.21 Sec. 43. [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE.
34.22 Subdivision 1. Certificate required. No person may perform traffic control as a
34.23motorcycle road guard as provided under chapter 169 without a valid motorcycle road
34.24guard certificate issued by the commissioner.
34.25 Subd. 2. Certification qualifications and standards. Through the Minnesota
34.26Motorcycle Safety Center, the commissioner of public safety shall:
34.27(1) establish qualifications and requirements for a person to obtain a motorcycle road
34.28guard certificate under this section, which must include:
34.29(i) a minimum 18 years of age;
34.30(ii) possession of a valid driver's license; and
34.31(iii) successful completion of a motorcycle road guard certification course;
34.32(2) develop and offer, whether by the Minnesota Motorcycle Safety Center or
34.33authorized agents, a motorcycle road guard certification course; and
35.1(3) establish safety and equipment standards for a person who operates under a
35.2motorcycle road guard certificate, including but not limited to specifying requirements
35.3for a reflective safety vest.
35.4 Subd. 3. Fee. The commissioner of public safety shall assess a fee for each applicant
35.5for a motorcycle road guard certificate, calculated to cover the commissioner's cost of
35.6establishing and administering the program.
35.7 Subd. 4. Penalty. A person who violates any provision of this section is guilty
35.8of a petty misdemeanor.
35.9 Subd. 5. Rulemaking. The commissioner of public safety shall adopt rules to carry
35.10out the provisions of this section. Notwithstanding section 16A.1283, the rules must
35.11specify the fee to be assessed under subdivision 3.
35.12EFFECTIVE DATE.Subdivisions 1 to 4 are effective one year after publication
35.13in the State Register of rules adopted under subdivision 5. Subdivision 5 is effective the
35.14day following final enactment.
35.15 Sec. 44. Minnesota Statutes 2010, section 174.03, is amended by adding a subdivision
35.16to read:
35.17 Subd. 1d. Freight rail economic development study. (a) The commissioner of
35.18transportation, in cooperation with the commissioner of the Department of Employment
35.19and Economic Development, shall conduct a freight rail economic development study.
35.20The study will assess the economic impact of freight railroads in the state and identify
35.21opportunities to expand business development and enhance economic competitiveness
35.22through improved utilization of freight rail options. Findings from the study shall be
35.23incorporated as an amendment to the statewide freight and passenger rail plan.
35.24(b) The commissioner of transportation shall provide an interim progress report on
35.25the study by January 15, 2013, and a final report on September 1, 2013, to the chairs
35.26and ranking minority members of the legislative committees with jurisdiction over
35.27transportation policy and finance and over employment and economic development. The
35.28reports shall include any recommended legislative initiatives.
35.29(c) The commissioner of transportation may expend up to $216,000 in fiscal year
35.302013 under section 222.50, subdivision 7, to pay the costs of this study and report.
35.31EFFECTIVE DATE.This section is effective the day following final enactment.
35.32 Sec. 45. [174.40] SAFE ROUTES TO SCHOOL PROGRAM.
36.1 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
36.2have the meanings given them.
36.3(b) "Bond eligible cost" means expenditures under this section for acquisition of
36.4land or permanent easements, predesign, design, preliminary and final engineering,
36.5environmental analysis, construction, and reconstruction of publicly owned infrastructure
36.6in this state with a useful life of at least ten years that provides for nonmotorized
36.7transportation to and from a school; preparation of land for which a route to school
36.8is established, including demolition of structures and remediation of any hazardous
36.9conditions on the land; and the unpaid principal on debt issued by a political subdivision
36.10for a safe routes to school project.
36.11(c) "Federal program" means the safe routes to school program under Title I, section
36.121404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
36.13for Users (SAFETEA-LU) of 2005, Public Law 109-59.
36.14(d) "School" means a school, as defined in section 120A.22, subdivision 4, excluding
36.15a home school.
36.16 Subd. 2. Program creation. (a) A safe routes to school program is established
36.17to provide assistance in capital investments for safe and appealing nonmotorized
36.18transportation to and from a school. The commissioner shall develop and implement the
36.19safe routes to school program as provided in this section. Financial assistance under
36.20this section is to supplement or replace aid for infrastructure projects under the federal
36.21program.
36.22(b) The commissioner may provide grants or other financial assistance for a safe
36.23routes to school project at the commissioner's discretion, subject to the requirements
36.24of this section.
36.25 Subd. 3. Safe routes to school accounts. (a) A safe routes to school account is
36.26established in the bond proceeds fund. The account consists of state bond proceeds
36.27appropriated to the commissioner. Money in the account may only be expended on
36.28bond-eligible costs of a project receiving financial assistance as provided under this
36.29section. All uses of funds from the account must be for publicly owned property.
36.30(b) A safe routes to school account is established in the general fund. The account
36.31consists of funds as provided by law, and any other money donated, allotted, transferred,
36.32or otherwise provided to the account. Money in the account may only be expended on a
36.33project receiving financial assistance as provided under this section.
36.34 Subd. 4. State general obligation bond funds. Minnesota Constitution, article XI,
36.35section 5, clause (a), requires that state general obligation bonds be issued to finance only
36.36the acquisition or betterment of public land, buildings, and other public improvements
37.1of a capital nature. The legislature has determined that many school transportation
37.2infrastructure projects will constitute betterments and capital improvements within the
37.3meaning of the Minnesota Constitution and capital expenditures under generally accepted
37.4accounting principles, and will be financed more efficiently and economically under this
37.5section than by direct appropriations for specific projects.
37.6 Subd. 5. Program administration. (a) The commissioner shall establish general
37.7program requirements and a competitive process for financial assistance, including but
37.8not limited to eligibility requirements for grant recipients and projects; procedures for
37.9solicitation of grants; application requirements; procedures for payment of financial
37.10assistance awards; and a schedule for application, evaluation, and award of financial
37.11assistance.
37.12(b) An application must include:
37.13(1) a detailed and specific description of the project;
37.14(2) an estimate, along with necessary supporting evidence, of the total costs for the
37.15project and the allocation of identified and proposed funding sources for the project;
37.16(3) an assessment of the need for and benefits of the project;
37.17(4) a resolution adopted by the governing body of the school for which a safe routes
37.18to school grant is requested, certifying that: (i) the governing body of the school supports
37.19the project; and (ii) funds, if any, required to be supplied by the school to complete the
37.20project are available and committed;
37.21(5) a timeline indicating the major milestones of the project and their anticipated
37.22completion dates; and
37.23(6) any additional information or material the commissioner prescribes.
37.24(c) The commissioner shall make reasonable efforts to (1) publicize each solicitation
37.25for applications among all eligible recipients, and (2) provide technical and informational
37.26assistance in creating and submitting applications.
37.27(d) By January 1, 2013, the commissioner of transportation shall publish and
37.28maintain a manual on the safe routes to school program that assists applicants for and
37.29recipients of financial assistance. The manual must include a list of eligibility and general
37.30program requirements, an explanation of the application process, and a review of the
37.31criteria used to evaluate projects.
37.32 Subd. 6. Evaluation criteria. The commissioner shall establish criteria for
37.33evaluation of applications and selection of projects. The criteria must include:
37.34(1) establishment or capital improvement of transportation infrastructure that
37.35improves safety and encourages nonmotorized transportation to and from a school;
38.1(2) compliance with all applicable requirements for capital infrastructure projects
38.2established by the Federal Highway Administration, U.S. Department of Transportation,
38.3for the federal program; and
38.4(3) other components as determined by the commissioner.
38.5 Subd. 7. Grant cancellation. If, five years after execution of a grant agreement,
38.6the commissioner determines that the grantee has not proceeded in a timely manner
38.7with implementation of the project funded, the commissioner must cancel the grant
38.8and the grantee must repay to the commissioner all grant money paid to the grantee.
38.9Section 16A.642 applies to any appropriations made from the bond proceeds fund to the
38.10commissioner under this section that have not been awarded as financial assistance.
38.11 Subd. 8. Legislative report. By November 1 annually, the commissioner shall
38.12submit a report on the safe routes to school program to the chairs and ranking minority
38.13members of the house of representatives and senate committees with jurisdiction over
38.14transportation policy and finance. The report must at a minimum:
38.15(1) summarize program implementation;
38.16(2) provide an overview of grant evaluation and criteria used in project selection;
38.17(3) provide a brief description of each project funded in the previous fiscal year,
38.18including the amount of money provided from each safe routes to school account under
38.19this section and the amount provided under the federal program;
38.20(4) summarize the status of the federal program or successor legislation; and
38.21(5) identify any recommendations for legislative changes, including proposals to
38.22improve program effectiveness.
38.23EFFECTIVE DATE.This section is effective the day following final enactment.
38.24 Sec. 46. Minnesota Statutes 2010, section 221.091, subdivision 2, is amended to read:
38.25 Subd. 2. Small vehicle passenger service.(a) A city that licenses and regulates
38.26small vehicle passenger service must do so by ordinance. The ordinance must, at a
38.27minimum, provide for driver qualifications, insurance, vehicle safety, and periodic vehicle
38.28inspections. A city that has adopted an ordinance complying with this subdivision may
38.29enforce the registration requirement in section221.021 .
38.30(b) A person who provides small vehicle passenger service to an individual for the
38.31purpose of obtaining nonemergency medical care and who receives reimbursement under
38.32section
256B.0625, subdivision 17, for providing the service, must comply with the rules
38.33of the commissioner adopted under section
174.30.
38.34 Sec. 47. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
39.1 Subd. 9. Rail bank property use;petty misdemeanors penalties. (a) Except
39.2for the actions of road authorities and their agents, employees, and contractors, and of
39.3utilities, in carrying out their duties imposed by permit, law, or contract, and except
39.4as otherwise provided in this section, it is unlawful to knowingly perform any of the
39.5following activities on rail bank property:
39.6 (1) obstruct any trail;
39.7 (2) deposit snow or ice;
39.8 (3) remove or place any earth, vegetation, gravel, or rock without authorization;
39.9 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
39.10materials;
39.11 (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
39.12upon authorization by the commissioner of transportation;
39.13 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
39.14monuments or markers placed to preserve section or quarter-section corners defining
39.15rail bank property limits;
39.16 (7) drive upon any portion of rail bank property, except at approved crossings, and
39.17except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
39.18other vehicles authorized to use rail bank property;
39.19 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
39.20paving, guardrail, drain, or any other rail bank appurtenance;or
39.21 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
39.22on, across, or over the limits of rail bank property.;
39.23(10) plow, disc, or perform any other detrimental operation; or
39.24(11) place or maintain any permanent structure.
39.25 (b) Unless a greater penalty is provided elsewhere in statute,any a violation of this
39.26subdivision is a petty misdemeanor. A second or subsequent violation is a misdemeanor.
39.27 (c) The cost to remove, repair, or perform any other corrective action necessitated by
39.28a violation of this subdivision may be charged to the violator.
39.29 Sec. 48. Minnesota Statutes 2010, section 296A.07, subdivision 4, is amended to read:
39.30 Subd. 4. Exemptions. The provisions of subdivision 1 do not apply to gasoline or
39.31denatured ethanol purchased by:
39.32 (1) a transit system or transit provider receiving financial assistance or
39.33reimbursement under section174.24 ,
256B.0625, subdivision 17 , or
473.384 ;
39.34 (2) providers of transportation to recipients of medical assistance home and
39.35community-based services waivers enrolled in day programs, including adult day care,
40.1family adult day care, day treatment and habilitation, prevocational services, and
40.2structured day services;
40.3(3) an ambulance service licensed under chapter 144E;or
40.4(4) providers of medical or dental services by a federally qualified health center,
40.5as defined under title 19 of the Social Security Act, as amended by Section 4161 of the
40.6Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a
40.7mobile medical unit; or
40.8(3) (5) a licensed distributor to be delivered to a terminal for use in blending.
40.9EFFECTIVE DATE.Clause (2) is effective retroactively from January 1, 2012,
40.10and clause (4) is effective retroactively from January 1, 2011.
40.11 Sec. 49. Minnesota Statutes 2010, section 296A.08, subdivision 3, is amended to read:
40.12 Subd. 3. Exemptions. The provisions of subdivisions 1 and 2 do not apply to
40.13special fuel or alternative fuels purchased by:
40.14 (1) a transit system or transit provider receiving financial assistance or
40.15reimbursement under section174.24 ,
256B.0625, subdivision 17 , or
473.384 ;
40.16 (2) providers of transportation to recipients of medical assistance home and
40.17community-based services waivers enrolled in day programs, including adult day care,
40.18family adult day care, day treatment and habilitation, prevocational services, and
40.19structured day services;
40.20(3) an ambulance service licensed under chapter 144E;or
40.21(4) providers of medical or dental services by a federally qualified health center,
40.22as defined under title 19 of the Social Security Act, as amended by Section 4161 of the
40.23Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a
40.24mobile medical unit; or
40.25(3) (5) a licensed distributor to be delivered to a terminal for use in blending.
40.26EFFECTIVE DATE.Clause (2) is effective retroactively from January 1, 2012,
40.27and clause (4) is effective retroactively from January 1, 2011.
40.28 Sec. 50. Minnesota Statutes 2010, section 297A.68, subdivision 19, is amended to read:
40.29 Subd. 19. Petroleum products. The following petroleum products are exempt:
40.30(1) products upon which a tax has been imposed and paid under chapter 296A,
40.31and for which no refund has been or will be allowed because the buyer used the fuel
40.32for nonhighway use;
41.1(2) products that are used in the improvement of agricultural land by constructing,
41.2maintaining, and repairing drainage ditches, tile drainage systems, grass waterways, water
41.3impoundment, and other erosion control structures;
41.4(3) products purchased by a transit system receiving financial assistance under
41.5section174.24 ,
256B.0625, subdivision 17 , or
473.384 ;
41.6(4) products purchased by an ambulance service licensed under chapter 144E;
41.7(5) products used in a passenger snowmobile, as defined in section296A.01,
41.8subdivision 39 , for off-highway business use as part of the operations of a resort as
41.9provided under section296A.16, subdivision 2 , clause (2); or
41.10(6) products purchased by a state or a political subdivision of a state for use in motor
41.11vehicles exempt from registration under section168.012, subdivision 1 , paragraph (b);
41.12(7) products purchased by providers of transportation to recipients of medical
41.13assistance home and community-based services waivers enrolled in day programs,
41.14including adult day care, family adult day care, day treatment and habilitation,
41.15prevocational services, and structured day services; or
41.16(8) products used in a motor vehicle used exclusively as a mobile medical unit
41.17for the provision of medical or dental services by a federally qualified health center, as
41.18defined under title 19 of the federal Social Security Act, as amended by Section 4161 of
41.19the Omnibus Budget Reconciliation Act of 1990.
41.20EFFECTIVE DATE.Clause (7) is effective retroactively from January 1, 2012,
41.21and clause (8) is effective retroactively from January 1, 2011.
41.22 Sec. 51. Minnesota Statutes 2011 Supplement, section 297B.03, is amended to read:
41.23297B.03 EXEMPTIONS.
41.24 There is specifically exempted from the provisions of this chapter and from
41.25computation of the amount of tax imposed by it the following:
41.26 (1) purchase or use, including use under a lease purchase agreement or installment
41.27sales contract made pursuant to section465.71 , of any motor vehicle by the United States
41.28and its agencies and instrumentalities and by any person described in and subject to the
41.29conditions provided in section297A.67, subdivision 11 ;
41.30 (2) purchase or use of any motor vehicle by any person who was a resident of
41.31another state or country at the time of the purchase and who subsequently becomes a
41.32resident of Minnesota, provided the purchase occurred more than 60 days prior to the date
41.33such person began residing in the state of Minnesota and the motor vehicle was registered
41.34in the person's name in the other state or country;
42.1 (3) purchase or use of any motor vehicle by any person making a valid election to be
42.2taxed under the provisions of section297A.90 ;
42.3 (4) purchase or use of any motor vehicle previously registered in the state of
42.4Minnesota when such transfer constitutes a transfer within the meaning of section 118,
42.5331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal
42.6Revenue Code;
42.7 (5) purchase or use of any vehicle owned by a resident of another state and leased
42.8to a Minnesota-based private or for-hire carrier for regular use in the transportation of
42.9persons or property in interstate commerce provided the vehicle is titled in the state of
42.10the owner or secured party, and that state does not impose a sales tax or sales tax on
42.11motor vehicles used in interstate commerce;
42.12 (6) purchase or use of a motor vehicle by a private nonprofit or public educational
42.13institution for use as an instructional aid in automotive training programs operated by the
42.14institution. "Automotive training programs" includes motor vehicle body and mechanical
42.15repair courses but does not include driver education programs;
42.16 (7) purchase of a motor vehicle by an ambulance service licensed under section
42.17144E.10
when that vehicle is equipped and specifically intended for emergency response
42.18or for providing ambulance service;
42.19 (8) purchase of a motor vehicle by or for a public library, as defined in section
42.20134.001, subdivision 2
, as a bookmobile or library delivery vehicle;
42.21 (9) purchase of a ready-mixed concrete truck;
42.22 (10) purchase or use of a motor vehicle by a town for use exclusively for road
42.23maintenance, including snowplows and dump trucks, but not including automobiles,
42.24vans, or pickup trucks;
42.25 (11) purchase or use of a motor vehicle by a corporation, society, association,
42.26foundation, or institution organized and operated exclusively for charitable, religious,
42.27or educational purposes, except a public school, university, or library, but only if the
42.28vehicle is:
42.29 (i) a truck, as defined in section168.002 , a bus, as defined in section
168.002 , or a
42.30passenger automobile, as defined in section168.002 , if the automobile is designed and
42.31used for carrying more than nine persons including the driver; and
42.32 (ii) intended to be used primarily to transport tangible personal property or
42.33individuals, other than employees, to whom the organization provides service in
42.34performing its charitable, religious, or educational purpose;
42.35 (12) purchase of a motor vehicle for use by a transit provider exclusively to provide
42.36transit service is exempt if the transit provider is either (i) receiving financial assistance or
43.1reimbursement under section174.24 or
473.384 , or (ii) operating under section
174.29 ,
43.2473.388
, or
473.405 ;
43.3 (13) purchase or use of a motor vehicle by a qualified business, as defined in section
43.4469.310
, located in a job opportunity building zone, if the motor vehicle is principally
43.5garaged in the job opportunity building zone and is primarily used as part of or in direct
43.6support of the person's operations carried on in the job opportunity building zone. The
43.7exemption under this clause applies to sales, if the purchase was made and delivery
43.8received during the duration of the job opportunity building zone. The exemption under
43.9this clause also applies to any local sales and use tax;and
43.10 (14) purchase of a leased vehicle by the lessee who was a participant in a
43.11lease-to-own program from a charitable organization that is:
43.12 (i) described in section 501(c)(3) of the Internal Revenue Code; and
43.13 (ii) licensed as a motor vehicle lessor under section168.27, subdivision 4 ; and
43.14(15) purchase of a motor vehicle used exclusively as a mobile medical unit for the
43.15provision of medical or dental services by a federally qualified health center, as defined
43.16under title 19 of the Social Security Act, as amended by section 4161 of the Omnibus
43.17Budget Reconciliation Act of 1990.
43.18EFFECTIVE DATE.This section is effective retroactively for sales and purchases
43.19made on and after January 1, 2011.
43.20 Sec. 52. Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read:
43.21 Subd. 2. Certificate. Except as provided in subdivision 2a, no person may operate
43.22as an overdimensional load escort driver in this state without a certificate issued by the
43.23commissioner, or by a state with which the commissioner has entered into a reciprocal
43.24agreement. The commissioner shall assess a fee for each certificate applicant, calculated
43.25to cover the commissioner's cost of establishing and administering the program.
43.26EFFECTIVE DATE.This section is effective the day following final enactment
43.27and expires on the December 31 that occurs immediately after two years following the
43.28publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3,
43.29subdivision 5.
43.30 Sec. 53. Minnesota Statutes 2010, section 299D.085, is amended by adding a
43.31subdivision to read:
43.32 Subd. 2a. Exceptions. A person who is a minimum of 18 years of age, possesses a
43.33valid operator's license for the type of vehicle being operated, and meets vehicle and safety
44.1equipment standards specified by the commissioner may operate without a certificate as an
44.2overdimensional load escort driver when: (1) the load consists of manufactured homes,
44.3as defined in section 327.31, subdivision 6, or modular homes, as defined in section
44.4272.02, subdivision 85, paragraph (c); (2) the load does not extend over the centerline of a
44.5roadway; and (3) the vehicle carrying the overdimensional load is not routed to travel the
44.6wrong way on a roadway.
44.7EFFECTIVE DATE.This section is effective the day following final enactment
44.8and expires on the December 31 that occurs immediately after two years following the
44.9publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3,
44.10subdivision 5.
44.11 Sec. 54. Minnesota Statutes 2010, section 299D.09, is amended to read:
44.12299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS.
44.13 Fees charged for escort services provided by the State Patrol are annually
44.14appropriated to the commissioner of public safety to administer and provide these services.
44.15 Thefees fee charged for services provided by the State Patrol with a vehicle are
44.16$73.60 is $79.28 an hour in fiscal year 2008 and $75.76 an hour in fiscal year 2009 and
44.17thereafter. The fees fee charged for services provided without a vehicle are $54 is $59.28
44.18an hourin fiscal year 2008 and $56.16 an hour in fiscal year 2009 and thereafter.
44.19 The fees charged for State Patrol flight services are $140 an hour for a fixed wing
44.20aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air in fiscal year
44.212012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and
44.22$454.84 an hour for the Queen Air in fiscal year 2013 and thereafter.
44.23EFFECTIVE DATE.This section is effective July 1, 2012.
44.24 Sec. 55. Minnesota Statutes 2010, section 473.39, is amended by adding a subdivision
44.25to read:
44.26 Subd. 1r. Obligations. After July 1, 2012, in addition to other authority under this
44.27section, the council may issue certificates of indebtedness, bonds, or other obligations
44.28under this section in an amount not exceeding $39,600,000 for capital expenditures as
44.29prescribed in the council's transit capital improvement program and for related costs,
44.30including the costs of issuance and sale of the obligations. Of this authorization, up to
44.31$4,200,000 may be made available to fund capital projects in amounts that would have
44.32otherwise been funded using replacement transit service provider reserves that were
45.1reduced in 2012 as a result of Laws 2011, First Special Session chapter 3, article 1,
45.2section 4.
45.3EFFECTIVE DATE; APPLICATION.This section is effective the day following
45.4final enactment, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
45.5Scott, and Washington.
45.6 Sec. 56. Laws 2009, chapter 158, section 10, is amended to read:
45.7 Sec. 10. EFFECTIVE DATE.
45.8Sections 2 and 3 are effective August 1, 2009, and the amendments made in sections
45.92 and 3 to Minnesota Statutes, sections169.011 and
169.045 , expire July 31, 2012 2014.
45.10EFFECTIVE DATE.This section is effective the day following final enactment.
45.11 Sec. 57. LEGISLATIVE ROUTE NO. 227 REMOVED.
45.12(a) Minnesota Statutes, section 161.115, subdivision 158, is repealed effective the
45.13day after the commissioner of transportation receives a copy of the agreement between
45.14the commissioner and the governing body of Wadena County to transfer jurisdiction of
45.15Legislative Route No. 227 and notifies the revisor of statutes under paragraph (b).
45.16(b) The revisor of statutes shall delete the route identified in paragraph (a) from
45.17Minnesota Statutes when the commissioner of transportation sends notice to the revisor
45.18electronically or in writing that the conditions required to transfer the route have been
45.19satisfied.
45.20 Sec. 58. LEGISLATIVE ROUTE NO. 258 REMOVED.
45.21(a) Minnesota Statutes, section 161.115, subdivision 189, is repealed effective the
45.22day after the commissioner of transportation receives a copy of the agreement between
45.23the commissioner and the governing body of Brown County to transfer jurisdiction of
45.24Legislative Route No. 258 and notifies the revisor of statutes under paragraph (b).
45.25(b) The revisor of statutes shall delete the route identified in paragraph (a) from
45.26Minnesota Statutes when the commissioner of transportation sends notice to the revisor
45.27electronically or in writing that the conditions required to transfer the route have been
45.28satisfied.
45.29 Sec. 59. LEGISLATIVE ROUTE NO. 291 REMOVED.
45.30(a) Minnesota Statutes, section 161.115, subdivision 222, is repealed effective the
45.31day after the commissioner of transportation receives a copy of the agreement between the
46.1commissioner and the governing body of the city of Hastings to transfer jurisdiction of
46.2Legislative Route No. 291 and notifies the revisor of statutes under paragraph (b).
46.3(b) The revisor of statutes shall delete the route identified in paragraph (a) from
46.4Minnesota Statutes when the commissioner of transportation sends notice to the revisor
46.5electronically or in writing that the conditions required to transfer the route have been
46.6satisfied.
46.7 Sec. 60. I-94 NOISE IMPACTS STAKEHOLDER GROUP.
46.8(a) The commissioner of transportation shall establish a noise impacts stakeholder
46.9group in conjunction with all trunk highway projects on marked Interstate Highway
46.1094, at or near the interchange with marked Trunk Highway 280 in St. Paul, for which
46.11preliminary engineering or preliminary design commences prior to January 1, 2018.
46.12(b) At a minimum, membership of the stakeholder group consists of Department of
46.13Transportation project team representatives and interested community stakeholders.
46.14(c) As part of the project development process for any project identified under
46.15paragraph (a), the commissioner shall consult with the stakeholder group to provide
46.16background information and data on noise impacts, review practices and evaluation
46.17options for noise mitigation, and obtain recommendations from the stakeholder group for
46.18noise mitigation components of the project design.
46.19 Sec. 61. MUNICIPAL STATE-AID STREET FUND 2013 ALLOCATION.
46.20(a) Notwithstanding Minnesota Statutes, section 162.13, subdivision 1, the
46.21commissioner of transportation shall allocate the apportionment sum available in the
46.22municipal state-aid street fund, following the deductions under Minnesota Statutes, section
46.23162.12, as provided in this section.
46.24(b) The commissioner shall identify a remuneration sum for each city that:
46.25(1) qualifies for municipal state-aid street funds under Minnesota Statutes, section
46.26162.09, subdivision 4a; and
46.27(2) was not allocated municipal state-aid street funds for calendar year 2012.
46.28(c) The remuneration sum for each city equals the amount the city received under
46.29the allocation of municipal state-aid street funds for calendar year 2011.
46.30(d) For the calendar year 2013 allocation only, the commissioner shall:
46.31(1) allocate to the appropriate city an amount from the apportionment sum equal
46.32to the remuneration sum calculated in paragraph (c); and
46.33(2) allocate the remaining apportionment sum as provided under Minnesota Statutes,
46.34section 162.13, subdivision 1.
47.1EFFECTIVE DATE.This section is effective the day following final enactment.
47.2 Sec. 62. REPORTS ON USE OF CONSTRUCTION MANAGER/GENERAL
47.3CONTRACTOR METHOD.
47.4 Subdivision 1. Submission of reports. The commissioner shall report on experience
47.5with and evaluation of the construction manager/general contractor method of contracting
47.6authorized in Minnesota Statutes, sections 161.3207 to 161.3209. The reports must be
47.7submitted to the chairs and ranking minority members of the legislative committees with
47.8jurisdiction over transportation policy or transportation finance and in compliance with
47.9Minnesota Statutes, sections 3.195 and 3.197. An interim report must be submitted
47.10no later than 12 months following the commissioner's acceptance of five construction
47.11manager/general contractor contracts. A final report must be submitted no later than 12
47.12months following the commissioner's acceptance of ten construction manager/general
47.13contractor contracts.
47.14 Subd. 2. Content of reports. The reports must include: (1) a description of
47.15circumstances of any projects as to which construction manager/general contractor
47.16requests for qualifications or requests for proposals were solicited, followed by a
47.17cancellation of the solicitation; (2) a description of projects as to which construction
47.18manager/general contractor method was utilized; (3) a comparison of project cost
47.19estimates with final project costs, if available; and (4) evaluation of the construction
47.20manager/general contractor method of procurement with respect to implications for
47.21project cost, use of innovative techniques, completion time, and obtaining maximum
47.22value. The final report must also include recommendations as to continued use of the
47.23program and desired modifications to the program, and recommended legislation to
47.24continue, discontinue, or modify the program.
47.25EFFECTIVE DATE.This section is effective the day following final enactment
47.26and expires one year following the acceptance of ten construction manager/general
47.27contractor contracts.
47.28 Sec. 63. REPORT ON WATER PERMITTING PROCESSES FOR
47.29TRANSPORTATION PROJECTS.
47.30By January 15, 2013, the commissioners of transportation, natural resources, and the
47.31Pollution Control Agency, in consultation with local road authorities and the Board of
47.32Water and Soil Resources, shall submit recommendations to the house of representatives
47.33and senate committees and divisions with primary jurisdiction over environment and
48.1natural resources policy and finance and transportation policy and finance on how
48.2water-related permitting for transportation projects can best be streamlined through
48.3creation of a single point of issuance system. The recommendations shall:
48.4(1) outline a single point of issuance system in which road authorities applying
48.5for state water permits would interact with a single state agency serving as the sole
48.6intermediary on behalf of all state agencies with an interest in a road authority's water
48.7permit application;
48.8(2) provide a goal for the maximum number of days the state believes are necessary
48.9to issue final water permitting decisions;
48.10(3) identify how state entities with current oversight authority over water permitting
48.11decisions would allocate resources to accommodate a single point of issuance system; and
48.12(4) suggest strategies to enhance the coordination of federal and state water
48.13permitting information gathering and decision-making.
48.14EFFECTIVE DATE.This section is effective the day following final enactment.
48.15 Sec. 64. REVISOR'S INSTRUCTION.
48.16The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
48.17in column A to the references listed in column B. The revisor shall also make necessary
48.18cross-reference changes in Minnesota Statutes consistent with the renumbering.
48.26 Sec. 65. RULES REPEALER.
48.27Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400;
48.288810.9500; 8810.9600; and 8810.9700, are repealed.
48.29 Sec. 66. EFFECTIVE DATE.
48.30Unless otherwise specified, this article is effective August 1, 2012.
49.3 Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a
49.4subdivision to read:
49.5 Subd. 1d. Bicycle use of trails. The commissioner may not prohibit or otherwise
49.6restrict operation of an electric-assisted bicycle, as defined in section 169.011, subdivision
49.727, on any trail under this section for which bicycle use is permitted, unless the
49.8commissioner determines that operation of the electric-assisted bicycle is not consistent
49.9with (1) the safety or general welfare of trail users; or (2) the terms of any property
49.10conveyance.
49.11 Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
49.12 Subd. 2. Authority of local government. (a) A local government unit that receives
49.13state grants-in-aid for any trail, with the concurrence of the commissioner, and the
49.14landowner or land lessee, may:
49.15(1) designate the trail for use by snowmobiles or for nonmotorized use from
49.16December 1 to April 1 of any year; and
49.17(2) issue any permit required under subdivisions 3 to 5.
49.18(b) A local government unit that receives state grants-in-aid under section84.794,
49.19subdivision 2 ,
84.803, subdivision 2 , or
84.927, subdivision 2 , for any trail, with the
49.20concurrence of the commissioner, and landowner or land lessee, may:
49.21(1) designate the trail specifically for use at various times of the year by all-terrain or
49.22off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
49.23snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
49.24use at the same time; and
49.25(2) issue any permit required under subdivisions 3 to 5.
49.26(c) A local unit of government that receives state grants-in-aid for any trail, with the
49.27concurrence of the commissioner and landowner or land lessee, may designate certain
49.28trails for joint use by snowmobiles, off-highway motorcycles, all-terrain vehicles, and
49.29off-road vehicles.
49.30(d) A local unit of government may not prohibit or otherwise restrict operation of an
49.31electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
49.32this section designated for bicycle use or nonmotorized use that includes bicycles, unless
49.33the local unit of government determines that operation of the electric-assisted bicycle is
49.34not consistent with (1) the safety or general welfare of trail users; or (2) the terms of
49.35any property conveyance.
50.1 Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
50.2 Subd. 4. Nonmotorized use trails. No motorized vehicle shall be operated on a
50.3trail designated for nonmotorized use. This subdivision does not apply to (1) motorized
50.4wheelchairs or other motorized devices operated by an individual who is physically
50.5disabled; or (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27.
50.6 Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
50.7 Subd. 2. Powers of political subdivisions. (a) The governing body of any political
50.8subdivision may by ordinance or resolution:
50.9(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
50.10a bicycle lane or bicycle route;
50.11(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
50.12provided that the designation does not destroy a pedestrian way or pedestrian access;
50.13(3) develop and designate bicycle paths;
50.14(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
50.15(b) A governing body may not prohibit or otherwise restrict operation of an
50.16electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway,
50.17roadway, or shoulder, unless the governing body determines that operation of the
50.18electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway,
50.19roadway, or shoulder users; or (2) the terms of any property conveyance.
50.20 Sec. 5. [160.266] MISSISSIPPI RIVER TRAIL.
50.21 Subdivision 1. Definitions. For the purposes of this section:
50.22(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
50.23(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
50.24 Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
50.25including the commissioner of natural resources, shall identify a bikeway that originates at
50.26Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
50.27the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
50.28Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
50.29Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
50.30St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
50.31Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
50.32County to Minnesota's boundary with Iowa and there terminates. Where opportunities
50.33exist, the bikeway may be designated on both sides of the Mississippi River.
51.1 Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
51.2with road and trail authorities including the commissioner of natural resources, shall:
51.3(1) identify existing bikeways of regional significance that are in reasonable
51.4proximity but not connected to the bikeway established in this section, including but not
51.5limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
51.6(2) support development of linkages between bikeways identified under clause (1)
51.7and the bikeway established in this section.
51.8(b) The requirements of this subdivision are a secondary priority for use of funds
51.9available under this section following establishment and enhancement of the bikeway
51.10under subdivision 1.
51.11 Subd. 4. Cooperation with other entities. The commissioner may contract and
51.12enter into agreements with federal agencies, other state agencies, local governments, and
51.13private entities to establish, develop, maintain, and operate the bikeway and to interpret
51.14associated natural and cultural resources.
51.15 Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
51.16by the commissioner of natural resources are eligible for funding from the environment
51.17and natural resources trust fund under chapter 116P, from the parks and trails grant
51.18program under section 85.535, from the local recreation grants program under section
51.1985.019, subdivision 4b, and from other sources.
51.20 Sec. 6. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
51.21 Subd. 66. Veterans Memorial Highway.Legislative Route No. 31, signed as
51.22Trunk Highway marked 200 as of July 1, 2010, from the border with North Dakota to the
51.23city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
51.24shall adopt a suitable design to mark this highway and erect appropriate signs, subject
51.25to section161.139 .
51.26 Sec. 7. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
51.27to read:
51.28 Subd. 70. Arianna Celeste Macnamara Memorial Bridge. The pedestrian
51.29bridge over Route No. 7, signed as Trunk Highway 14 on the effective date of this
51.30section, located in the city of Rochester west of Route No. 20, signed as U.S. Highway
51.3152 on the effective date of this section, is designated as "Arianna Celeste Macnamara
51.32Memorial Bridge." Subject to section 161.139, the commissioner shall adopt a suitable
51.33marking design to memorialize the bridge and shall erect the appropriate signs as close as
51.34practicable to the bridge.
52.1 Sec. 8. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
52.2to read:
52.3 Subd. 71. Deputy John W. Liebenstein Memorial Highway. (a) That segment of
52.4Route No. 390, signed as Interstate Highway 35 on the effective date of this section and
52.5located in Rice County, is designated as "Deputy John W. Liebenstein Memorial Highway."
52.6Subject to section 161.139, the commissioner shall adopt a suitable marking design to
52.7mark this highway and shall erect the appropriate signs as provided in paragraph (b).
52.8(b) The commissioner of transportation shall erect suitable signs on marked
52.9Interstate Highway 35 as close as practicable to the following locations:
52.10(1) one sign on the southbound entrance ramp of the interchange with Rice County
52.11State-Aid Highway 1; and
52.12(2) one sign on the northbound entrance ramp of the interchange with Rice County
52.13State-Aid Highway 1.
52.14 Sec. 9. Minnesota Statutes 2010, section 162.081, subdivision 4, is amended to read:
52.15 Subd. 4. Formula for distribution to towns; purposes. (a) Money apportioned to a
52.16county from the town road account must be distributed to the treasurer of each town within
52.17the county, according to a distribution formula adopted by the county board. The formula
52.18must take into account each town's levy for road and bridge purposes, its population and
52.19town road mileage, and other factors the county board deems advisable in the interests
52.20of achieving equity among the towns. Distribution of town road funds to each town
52.21treasurer must be made by March 1, annually, or within 30 days after receipt of payment
52.22from the commissioner. Distribution of funds to town treasurers in a county which has
52.23not adopted a distribution formula under this subdivision must be made according to a
52.24formula prescribed by the commissioner by rule.A formula adopted by a county board or
52.25by the commissioner must provide that a town, in order to be eligible for distribution of
52.26funds from the town road account in a calendar year, must have levied for taxes payable in
52.27the previous year for road and bridge purposes at least 0.04835 percent of taxable market
52.28value. For purposes of this eligibility requirement, taxable market value means taxable
52.29market value for taxes payable two years prior to the aid distribution year.
52.30(b) Money distributed to a town under this subdivision may be expended by the
52.31town only for the construction, reconstruction, and gravel maintenance of town roads
52.32within the town.
52.33 Sec. 10. Minnesota Statutes 2010, section 168.012, subdivision 1, is amended to read:
53.1 Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following
53.2vehicles are exempt from the provisions of this chapter requiring payment of tax and
53.3registration fees, except as provided in subdivision 1c:
53.4 (1) vehicles owned and used solely in the transaction of official business by the
53.5federal government, the state, or any political subdivision;
53.6 (2) vehicles owned and used exclusively by educational institutions and used solely
53.7in the transportation of pupils to and from those institutions;
53.8 (3) vehicles used solely in driver education programs at nonpublic high schools;
53.9 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
53.10persons for charitable, religious, or educational purposes;
53.11 (5) vehicles owned by nonprofit charities and used exclusively for disaster response
53.12and related activities;
53.13 (6) vehicles owned by ambulance services licensed under section144E.10 that
53.14are equipped and specifically intended for emergency response or providing ambulance
53.15services; and
53.16 (7) vehicles owned by a commercial driving school licensed under section171.34 ,
53.17or an employee of a commercial driving school licensed under section171.34 , and the
53.18vehicle is used exclusively for driver education and training.
53.19 (b) Provided the general appearance of the vehicle is unmistakable, the following
53.20vehicles are not required to register or display number plates:
53.21(1) vehicles owned by the federal government;
53.22(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
53.23the state or a political subdivision;
53.24(3) police patrols owned or leased by the state or a political subdivision; and
53.25(4) ambulances owned or leased by the state or a political subdivision.
53.26 (c) Unmarked vehicles used in general police work, liquor investigations, or arson
53.27investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
53.28the Department of Corrections or by conservation officers of the Division of Enforcement
53.29and Field Service of the Department of Natural Resources, must be registered and must
53.30display appropriate license number plates, furnished by the registrar at cost. Original and
53.31renewal applications for these license plates authorized for use in general police work and
53.32for use by the Department of Corrections or by conservation officers must be accompanied
53.33by a certification signed by the appropriate chief of police if issued to a police vehicle,
53.34the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
53.35issued to a Department of Corrections vehicle, or the appropriate officer in charge if
53.36issued to a vehicle of any other law enforcement agency. The certification must be on a
54.1form prescribed by the commissioner and state that the vehicle will be used exclusively
54.2for a purpose authorized by this section.
54.3 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
54.4fraud unit, in conducting seizures or criminal investigations must be registered and must
54.5display passenger vehicle classification license number plates, furnished at cost by the
54.6registrar. Original and renewal applications for these passenger vehicle license plates
54.7must be accompanied by a certification signed by the commissioner of revenue or the
54.8commissioner of labor and industry. The certification must be on a form prescribed by
54.9the commissioner and state that the vehicles will be used exclusively for the purposes
54.10authorized by this section.
54.11 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
54.12Department of Health must be registered and must display passenger vehicle classification
54.13license number plates. These plates must be furnished at cost by the registrar. Original
54.14and renewal applications for these passenger vehicle license plates must be accompanied
54.15by a certification signed by the commissioner of health. The certification must be on a
54.16form prescribed by the commissioner and state that the vehicles will be used exclusively
54.17for the official duties of the Division of Disease Prevention and Control.
54.18 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
54.19investigations and reviews must be registered and must display passenger vehicle
54.20classification license number plates. These plates must be furnished at cost by the
54.21registrar. Original and renewal applications for these passenger vehicle license plates must
54.22be accompanied by a certification signed by the board chair. The certification must be on a
54.23form prescribed by the commissioner and state that the vehicles will be used exclusively
54.24for the official duties of the Gambling Control Board.
54.25 (g) Unmarked vehicles used in general investigation, surveillance, supervision,
54.26and monitoring by the staff of the Department of Human Services Office of Special
54.27Investigations and the executive director of the Minnesota sex offender program must
54.28be registered and must display passenger vehicle classification license number plates,
54.29furnished by the registrar at cost. Original and renewal applications for passenger vehicle
54.30license plates must be accompanied by a certification signed by the commissioner of
54.31human services. The certification must be on a form prescribed by the commissioner and
54.32state that the vehicles must be used exclusively for the official duties of the Office of
54.33Special Investigations and the executive director of the Minnesota sex offender program.
54.34(h) Each state hospital and institution for persons who are mentally ill and
54.35developmentally disabled may have one vehicle without the required identification on
54.36the sides of the vehicle. The vehicle must be registered and must display passenger
55.1vehicle classification license number plates. These plates must be furnished at cost by the
55.2registrar. Original and renewal applications for these passenger vehicle license plates must
55.3be accompanied by a certification signed by the hospital administrator. The certification
55.4must be on a form prescribed by the commissioner and state that the vehicles will be used
55.5exclusively for the official duties of the state hospital or institution.
55.6 (i) Each county social service agency may have vehicles used for child and
55.7vulnerable adult protective services without the required identification on the sides of the
55.8vehicle. The vehicles must be registered and must display passenger vehicle classification
55.9license number plates. These plates must be furnished at cost by the registrar. Original
55.10and renewal applications for these passenger vehicle license plates must be accompanied
55.11by a certification signed by the agency administrator. The certification must be on a form
55.12prescribed by the commissioner and state that the vehicles will be used exclusively for the
55.13official duties of the social service agency.
55.14 (j) All other motor vehicles must be registered and display tax-exempt number
55.15plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
55.16vehicles required to display tax-exempt number plates must have the name of the state
55.17department or political subdivision, nonpublic high school operating a driver education
55.18program, licensed commercial driving school, or other qualifying organization or entity,
55.19plainly displayed on both sides of the vehicle. This identification must be in a color
55.20giving contrast with that of the part of the vehicle on which it is placed and must endure
55.21throughout the term of the registration. The identification must not be on a removable
55.22plate or placard and must be kept clean and visible at all times; except that a removable
55.23plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
55.24to a nonpublic high school driver education program.
55.25 Sec. 11. Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to read:
55.26 Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
55.27except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
55.28combinations except those defined as farm combinations, and on commercial zone
55.29vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
55.30base rate schedule prescribed in this subdivision, but in no event less than $120.
56.20 (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
56.21axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
56.22 (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
56.23tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
56.24to subdivision 12 or section 169.86, subdivision 5a, as applicable.
56.25 (d) For purposes of registration identification, for vehicles registered in the "O"
56.26category, the owner must declare at the time of registration whether the vehicle will carry
56.27a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
56.28use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
56.29weight sticker must be issued and the owner is restricted to a gross vehicle weight of
56.30less than 55,000 pounds.
56.31 (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
56.32shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
56.33combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
56.34applicant proposes to combine with the truck-tractor.
56.35 (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
56.36combinations which are operated by an interstate carrier registered under section221.60 ,
56.37or by a carrier receiving operating authority under chapter 221, and operated solely within
56.38a zone exempt from regulation pursuant to United States Code, title 49, section 13506.
57.1 (g) The license plates issued for commercial zone vehicles shall be plainly marked.
57.2A person operating a commercial zone vehicle outside the zone or area in which its
57.3operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
57.4penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
57.5vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
57.6prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
57.7during the balance of the registration year.
57.8 (h) On commercial zone trucks the tax shall be based on the total gross weight of
57.9the vehicle and during each of the first eight years of vehicle life is 75 percent of the
57.10Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
57.11tax is 50 percent of the Minnesota base rate schedule.
57.12 (i) On trucks, truck-tractors and semitrailer combinations, except those defined
57.13as farm trucks and farm combinations, and except for those commercial zone vehicles
57.14specifically provided for in this subdivision, the tax for each of the first eight years of
57.15vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
57.16during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
57.17base rate prescribed by this subdivision.
57.18 (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
57.19combination are semitrailers.
57.20EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
57.21all registrations that are effective on or after that date and special permits issued on or
57.22after that date.
57.23 Sec. 12. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
57.24 Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
57.25applicant for all licenses based on gross weight shall state the unloaded weight of the
57.26motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
57.27on it, the sum of which constitutes the gross weight upon which the license tax must be
57.28paid. However, the declared gross weight upon which the tax is paid must not be less than
57.291-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
57.30to be registered, except recreational vehicles taxed under subdivision 1g, school buses
57.31taxed under subdivision 18, and tow trucks or towing vehicles defined in section169.011,
57.32subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight
57.33of the tow truck or towing vehicle fully equipped, but does not include the weight of a
57.34wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
58.1(b) Except as provided by special permit issued under section 169.86, the gross
58.2weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon
58.3which the license tax has been paid by more than four percent or 1,000 pounds, whichever
58.4is greater; provided that, a vehicle transporting unfinished forest products on a highway,
58.5other than a highway that is part of the system of interstate and defense highways, unless a
58.6federal exemption is granted, in accordance with paragraph (d)(3):
58.7(1) shall not exceed its gross vehicle weight upon which the license tax has been
58.8paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
58.9other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
58.10exceeding a gross vehicle or axle weight by up to five percent; and
58.11(2) between the dates set by the commissioner in accordance with section169.826,
58.12subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting
58.13the gross axle weight of any individual axle unless the entire vehicle also exceeds its
58.14gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
58.15allowance permitted under section169.826 , in which case the vehicle is subject to all
58.16applicable penalties for excess weight violations.
58.17(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license
58.18tax is paid must be indicated by a distinctive character on the license plate or plates except
58.19as provided in subdivision 12 or section 169.86, subdivision 5a, as applicable, and the
58.20plate or plates must be kept clean and clearly visible at all times.
58.21(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
58.22conviction for transporting a gross weight in excess of the gross weight for which it was
58.23registered or for operating a vehicle with an axle weight exceeding the maximum lawful
58.24axle load weight, is guilty of a misdemeanor and subject to increased registration or
58.25reregistration according to the following schedule:
58.26(1) Upon conviction for transporting a gross weight in excess of the gross weight
58.27for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
58.28set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
58.29vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
58.30load as provided in sections169.822 to
169.829 by more than the allowance set forth in
58.31paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
58.32trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
58.33the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
58.34be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
58.35driver, or user was convicted of carrying. The increase is computed for the balance of
58.36the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
59.1calendar year beginning with the first day of the month in which the violation occurred.
59.2If the additional registration tax computed upon that weight, plus the tax already paid,
59.3amounts to more than the regular tax for the maximum gross weight permitted for the
59.4vehicle under sections169.822 to
169.829 , that additional amount must nevertheless be
59.5paid into the highway fund, but the additional tax thus paid does not authorize or permit
59.6any person to operate the vehicle with a gross weight in excess of the maximum legal
59.7weight as provided by sections169.822 to
169.829 . Unless the owner within 30 days
59.8after a conviction applies to increase the authorized weight and pays the additional tax
59.9as provided in this section, the registrar shall revoke the registration on the vehicle and
59.10demand the return of the registration card and plates issued on that registration.
59.11(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
59.12semitrailer for transporting a gross weight in excess of the gross weight for which the
59.13motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
59.14or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
59.15as provided in sections169.822 to
169.829 by 25 percent or more, and in addition to any
59.16penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
59.17privileges on the vehicle involved if the vehicle is being operated under reciprocity
59.18or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
59.19registration on the vehicle operated and demand the return of the registration certificate
59.20and registration plates. The registrar may not cancel the registration or reciprocity
59.21privileges for any vehicle found in violation of seasonal load restrictions imposed under
59.22section169.87 unless the axle weight exceeds the year-round weight limit for the highway
59.23on which the violation occurred. The registrar may investigate any allegation of gross
59.24weight violations and demand that the operator show cause why all future operating
59.25privileges in the state should not be revoked unless the additional tax assessed is paid.
59.26(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
59.27or unfinished forest products, when the registered gross weight is not exceeded by more
59.28than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
59.29transportation of unprocessed or raw farm products from the place of production or
59.30on-farm storage site to any other location within50 100 miles of the place of production or
59.31on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
59.32forest products from the place of production to the place of final processing or manufacture
59.33located within 200 miles of the place of production.
59.34(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
59.35registrar according to this section, the vehicle must not be operated on the highways of the
59.36state until it is registered or reregistered, as the case may be, and new plates issued, and
60.1the registration fee is the annual tax for the total gross weight of the vehicle at the time of
60.2violation. The reregistration pursuant to this subdivision of any vehicle operating under
60.3reciprocity agreements pursuant to section168.181 or
168.187 must be at the full annual
60.4registration fee without regard to the percentage of vehicle miles traveled in this state.
60.5EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
60.6all registrations that are effective on or after that date and special permits issued on or
60.7after that date.
60.8 Sec. 13. Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:
60.9 Subd. 12. Additional tax for excessive gross weight. (a) Whenever an owner has
60.10registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
60.11a selected gross weight of the vehicle and thereafter such owner desires to operate such
60.12vehicle with a greater gross weight than that for which the tax has been paid, such owner
60.13shall be permitted to reregister such vehicle by paying the additional tax due thereon
60.14for the remainder of the calendar year for which such vehicle has been reregistered, the
60.15additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
60.16of the year remaining in the calendar year, beginning with the first day of the month in
60.17which such owner desires to operate the vehicle with the greater weight. In computing
60.18the additional tax as aforesaid, the owner shall be given credit for the unused portion of
60.19the tax previously paid computed pro rata by the month, 1/12 of the annual tax paid for
60.20each month of the year remaining in the calendar year beginning with the first day of the
60.21month in which such owner desires to operate the vehicle with the greater weight. An
60.22owner will be permitted one reduction of gross weight or change of registration per year,
60.23which will result in a refund. This refund will be prorated monthly beginning with the
60.24first day of the month after such owner applies to amend the registration. The application
60.25for amendment shall be accompanied by a fee of $3, and all fees shall be deposited in
60.26the highway user tax distribution fund. Provided, however, the owner of a vehicle may
60.27reregister the vehicle for a weight of more than 81,000 pounds for one or more 30-day
60.28periods. For each 30-day period, the additional tax shall be equal to 1/12 of the difference
60.29between the annual tax for the weight at which the vehicle is registered and reregistered.
60.30When a vehicle is reregistered in accordance with this provision, a distinctive windshield
60.31sticker provided by the commissioner of public safety shall be permanently displayed.
60.32(b) This subdivision does not apply to the owner of a vehicle who pays the additional
60.33tax for excessive gross weight under section 169.86, subdivision 5a, when buying a permit
60.34to operate with the greater gross weight.
61.1EFFECTIVE DATE.This section is effective with the registration period beginning
61.2October 1, 2012, and applies to all registrations that are effective on or after that date and
61.3special permits issued on or after that date.
61.4 Sec. 14. Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to
61.5read:
61.6 Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned
61.7by orcontracting with exclusively contracted solely for public use by a unit of government
61.8under section168B.09 .
61.9 Sec. 15. Minnesota Statutes 2010, section 169.035, subdivision 1, is amended to read:
61.10 Subdivision 1. Working on highway. (a) The provisions of this chapter shall not
61.11apply to persons, motor vehicles, and other equipment while actually engaged in work
61.12upon the highway, except as provided in paragraphs (b) and (c).
61.13(b) This chapter shall apply to those persons and vehicles when traveling to or
61.14from such work, except that persons operating equipment owned, rented or hired by
61.15road authorities shall be exempt from the width, height and length provisions of sections
61.16169.80
and
169.81 and shall be exempt from the weight limitations of this chapter while
61.17performing the following actions on behalf of the state or a local governmental unit:
61.18(1) while loading, readying, or moving the vehicles or equipment in preparation for
61.19combating anticipated slippery road conditions or removing snow or ice;
61.20(2) while actually engaged in snow or ice removaland or combating slippery road
61.21conditions, including but not limited to pretreatment and anti-icing activities; or
61.22(3) while engaged in flood control operationson behalf of the state or a local
61.23governmental unit.
61.24(c) Chapter 169A and section169.444 apply to persons while actually engaged in
61.25work upon the highway.
61.26EFFECTIVE DATE.This section is effective the day following final enactment.
61.27 Sec. 16. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision
61.28to read:
61.29 Subd. 4. Trains. (a) For purposes of this subdivision, "railroad operator" means
61.30a person who is a locomotive engineer, conductor, member of the crew of a railroad
61.31locomotive or train, or an operator of on-track equipment.
62.1(b) A peace officer may not issue a citation for violation of this chapter or chapter
62.2171 to a railroad operator involving the operation of a railroad locomotive or train, or
62.3on-track equipment while being operated upon rails.
62.4(c) Notwithstanding section 171.08, a railroad operator is not required to display or
62.5furnish a driver's license to a peace officer in connection with the operation of a railroad
62.6locomotive or train, or on-track equipment while being operated upon rails.
62.7 Sec. 17. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
62.8 Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
62.9signals exhibiting different colored lights, or colored lighted arrows, successively one at a
62.10time or in combination, only the colors Green, Red, and Yellow shall be used, except for
62.11special pedestrian signals carrying a word or legend. The traffic-control signal lights or
62.12colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
62.13 (1) Green indication:
62.14 (i) Vehicular traffic facing a circular green signal may proceed straight through or
62.15turn right or left unless a signat such place prohibits either turn. But vehicular traffic,
62.16including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
62.17pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
62.18is exhibited. Vehicular traffic turning left or making a U-turn to the left shall yield the
62.19right-of-way to other vehicles approaching from the opposite direction so closely as to
62.20constitute an immediate hazard.
62.21 (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
62.22another indication, may cautiously enter the intersection only to make the movement
62.23indicated by the arrow, or other movement as permitted by other indications shown at the
62.24same time.Such Vehicular traffic shall yield the right-of-way to pedestrians lawfully
62.25within an adjacent crosswalk and to other traffic lawfully using the intersection.
62.26 (iii) Unless otherwise directed by a pedestrian-control signal as provided in
62.27subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
62.28turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
62.29Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
62.30pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
62.31time that the green signal indication is first shown.
62.32 (2) Steady yellow indication:
62.33 (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
62.34warned that the related green movement is being terminated or that a red indication will be
62.35exhibited immediately thereafter when vehicular traffic must not enter the intersection,
63.1except for the continued movement allowed by any green arrow indication simultaneously
63.2exhibited.
63.3 (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
63.4pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
63.5insufficient time to cross the roadway before a red indication is shown and no pedestrian
63.6shall then start to cross the roadway.
63.7 (3) Steady red indication:
63.8 (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
63.9stop line but, if none, before entering the crosswalk on the near side of the intersection
63.10or, if none, then before entering the intersection and shall remain standing until a green
63.11indication is shown, except as follows: (A) the driver of a vehicle stopped as close
63.12as practicable at the entrance to the crosswalk on the near side of the intersection or,
63.13if none, then at the entrance to the intersection in obedience to a red or stop signal,
63.14and with the intention of making a right turn may make the right turn, after stopping,
63.15unless an official sign has been erected prohibiting such movement, but shall yield the
63.16right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
63.17at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
63.18one-way street on which traffic moves to the left shall stop in obedience to a red or stop
63.19signal and may then make a left turn into the one-way street, unless an official sign has
63.20been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
63.21other traffic lawfully proceeding as directed by the signal at that intersection.
63.22 (ii) Unless otherwise directed by a pedestrian-control signal as provided in
63.23subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
63.24 (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
63.25movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
63.26before entering the crosswalk on the near side of the intersection or, if none, then before
63.27entering the intersection and must remain standing until a permissive signal indication
63.28permitting the movement indicated by the red arrow is displayed, except as follows: when
63.29an official sign has been erected permitting a turn on a red arrow signal, the vehicular
63.30traffic facing a red arrow signal indication is permitted to enter the intersection to turn
63.31right, or to turn left from a one-way street into a one-way street on which traffic moves
63.32to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
63.33lawfully proceeding as directed by the signal at that intersection.
63.34 (b) In the event an official traffic-control signal is erected and maintained at a place
63.35other than an intersection, the provisions of this section are applicable except those which
63.36can have no application. Any stop required must be made at a sign or marking on the
64.1pavement indicating where the stop must be made, but in the absence of any such sign or
64.2marking the stop must be made at the signal.
64.3 (c) When a traffic-control signal indication or indications placed to control a certain
64.4movement or lane are so identified by placing a sign near the indication or indications,
64.5no other traffic-control signal indication or indications within the intersection controls
64.6vehicular traffic for that movement or lane.
64.7 Sec. 18. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
64.8 Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall
64.9require obedience by vehicular traffic as follows:
64.10(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
64.11vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
64.12on the near side of the intersection, or if none, then at the point nearest the intersecting
64.13roadway where the driver has a view of approaching traffic on the intersecting roadway
64.14before entering the intersection, and the right to proceed shall be subject to the rules
64.15applicable after making a stop at a stop sign.
64.16(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
64.17vehicles with the intention of making a movement indicated by the arrow shall stop at a
64.18clearly marked stop line, but if none, before entering the crosswalk on the near side of
64.19the intersection, or if none, then at the point nearest the intersecting roadway where the
64.20driver has a view of approaching traffic on the intersecting roadway before entering the
64.21intersection, and the right to proceed shall be subject to the rules applicable after making a
64.22stop at a stop sign.
64.23(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
64.24of vehicles may proceed through the intersection or past the signals only with caution.
64.25Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
64.26other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
64.27the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
64.28shall yield the right-of-way to other vehicles approaching from the opposite direction so
64.29closely as to constitute an immediate hazard.
64.30(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
64.31drivers of vehicles with the intention of making a movement indicated by the arrow may
64.32proceed through the intersection or past the signals only with caution., but shall yield
64.33the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
64.34adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
65.1making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
65.2the opposite direction so closely as to constitute an immediate hazard.
65.3 Sec. 19. Minnesota Statutes 2010, section 169.19, subdivision 5, is amended to read:
65.4 Subd. 5. Signal to turn. A signal of intention to turn right or left shall be given
65.5continuously during not less than the last 100 feet traveled by the vehicle before turning.
65.6A person whose vehicle is exiting a roundabout is exempt from this subdivision.
65.7 Sec. 20. Minnesota Statutes 2010, section 169.222, subdivision 4, is amended to read:
65.8 Subd. 4. Ridingon roadway or shoulder rules. (a) Every person operating a
65.9bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of
65.10the roadway except under any of the following situations:
65.11(1) when overtaking and passing another vehicle proceeding in the same direction;
65.12(2) when preparing for a left turn at an intersection or into a private road or driveway;
65.13(3) when reasonably necessary to avoid conditions, including fixed or moving
65.14objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
65.15it unsafe to continue along the right-hand curb or edge.
65.16(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the
65.17same direction as adjacent vehicular traffic.
65.18(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
65.19abreast and shall not impede the normal and reasonable movement of traffic and, on a
65.20laned roadway, shall ride within a single lane.
65.21(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder
65.22on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible
65.23signal when necessary before overtaking and passing any pedestrian. No person shall ride
65.24a bicycle upon a sidewalk within a business district unless permitted by local authorities.
65.25Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk
65.26under their jurisdiction.
65.27(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
65.28distance when overtaking a bicycle or individual proceeding in the same direction on the
65.29bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
65.30(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or
65.31shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian
65.32under the same circumstances.
65.33(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway,
65.34on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
66.1subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
66.2(b), as applicable.
66.3 Sec. 21. Minnesota Statutes 2010, section 169.306, is amended to read:
66.4169.306 USE OF SHOULDERS BY BUSES.
66.5(a)The commissioner of transportation A road authority, as defined in section
66.6160.02, subdivision 25, is authorized to permitthe use by transit buses and Metro Mobility
66.7buses use of a shoulder, as designated by thecommissioner road authority, of a freeway or
66.8expressway, as defined in section160.02 , in Minnesota.
66.9(b) Ifthe commissioner a road authority permits the use of a freeway or expressway
66.10shoulder by transit buses, thecommissioner road authority shall permit the use on that
66.11shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
66.12carrier of passengers, as defined in section221.012, subdivision 26 , while operating in
66.13intrastate commerce or (2) providing regular route transit service, as defined in section
66.14174.22, subdivision 8
, or Metro Mobility services, and operated by or under contract
66.15with the Metropolitan Council, a local transit authority, or a transit authority created by
66.16the legislature. Drivers of these buses must have adequate training in the requirements of
66.17paragraph (c), as determined by the commissioner.
66.18(c) Buses authorized to use the shoulder under this section may be operated on
66.19the shoulder only when main-line traffic speeds are less than 35 miles per hour, except
66.20as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
66.21not exceed the speed of main-line traffic by more than 15 miles per hour and may never
66.22exceed 35 miles per hour, except as provided for in paragraph (f). Drivers of buses being
66.23operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
66.24to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
66.25the Department of Transportation.
66.26(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
66.27vehicle of not less than 20 feet in length engaged in providing special transportation
66.28services under section473.386 that is:
66.29(1) operated by or under contract with a public or private entity receiving financial
66.30assistance to provide transit services from the Metropolitan Council or the commissioner
66.31of transportation; and
66.32(2) authorized bythe commissioner a road authority to use freeway or expressway
66.33shoulders.
66.34(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
67.1(f) The commissioner may authorize different operating conditions and maximum
67.2speeds, not to exceed the posted speed limit, based upon an engineering study and
67.3recommendation by the road authority. The engineering study must be conducted by the
67.4road authority and must conform with the manual and specifications adopted under section
67.5169.06, subdivision 1, and applicable state and federal standards. The road authority shall
67.6consult the public transit operator before recommending operating conditions different
67.7from those authorized by law.
67.8 Sec. 22. Minnesota Statutes 2010, section 169.64, subdivision 2, is amended to read:
67.9 Subd. 2. Colored light. (a) Unless otherwise authorized by the commissioner of
67.10public safety, no vehicle shall be equipped, nor shall any person drive or move any vehicle
67.11or equipment upon any highway with any lamp or device displaying a red light or any
67.12colored light other than those required or permitted in this chapter.
67.13(b) A vehicle manufactured for use as an emergency vehicle may display and use
67.14colored lights that are not otherwise required or permitted in this chapter, provided that
67.15the vehicle is owned and operated according to section 168.10, is owned and operated
67.16solely as a collector's item and not for general transportation purposes, and is registered
67.17under section 168.10, subdivision 1a, 1b, 1c, 1d, 1g, or 1h. A person may not activate the
67.18colored lights authorized under this paragraph on streets or highways except as part of
67.19a parade or other special event.
67.20EFFECTIVE DATE.This section is effective the day following final enactment.
67.21 Sec. 23. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
67.22 Subd. 6. Exceptions. (a) This section does not apply to:
67.23(1) a person transporting a child in an emergency medical vehicle while in the
67.24performance of official duties and when the physical or medical needs of the child make
67.25the use of a child passenger restraint system unreasonable or when a child passenger
67.26restraint system is not available;
67.27(2) a peace officer transporting a child while in the performance of official duties
67.28and when a child passenger restraint system is not available, provided that a seat belt
67.29must be substituted;
67.30(3) a person while operating a motor vehicle for hire, including a taxi, airport
67.31limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; and
67.32(4) a person while operating a school bus; and that has a gross vehicle weight rating
67.33of greater than 10,000 pounds.
68.1(5) a person while operating a type III vehicle described in section
169.011,
68.2subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
68.3requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
68.4title 49, part 571.
68.5(b) A child passenger restraint system is not required for a child who cannot, in the
68.6judgment of a licensed physician, be safely transported in a child passenger restraint
68.7system because of a medical condition, body size, or physical disability. A motor vehicle
68.8operator claiming exemption for a child under this paragraph must possess a typewritten
68.9statement from the physician stating that the child cannot be safely transported in a child
68.10passenger restraint system. The statement must give the name and birth date of the child,
68.11be dated within the previous six months, and be made on the physician's letterhead or
68.12contain the physician's name, address, and telephone number. A person charged with
68.13violating subdivision 5 may not be convicted if the person produces the physician's
68.14statement in court or in the office of the arresting officer.
68.15(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
68.16restraint device to a customer renting or leasing the motor vehicle who requests the device.
68.17A reasonable rent or fee may be charged for use of the child passenger restraint device.
68.18 Sec. 24. Minnesota Statutes 2010, section 169.685, subdivision 7, is amended to read:
68.19 Subd. 7. Appropriation; special account; legislative report. The Minnesota child
68.20passenger restraint and education account is created in the state treasury, consisting of
68.21fines collected under subdivision 5 and other money appropriated or donated. The money
68.22in the account is annually appropriated to the commissioner of public safety, to be used to
68.23provide child passenger restraint systems to families in financial needand, school districts
68.24and child care providers that provide for the transportation of pupils to and from school
68.25using type III vehicles or school buses with a gross vehicle weight rating of 10,000 pounds
68.26or less, and to provide an educational program on the need for and proper use of child
68.27passenger restraint systems. The commissioner shall report to the legislature by February
68.281 of each odd-numbered year on the commissioner's activities and expenditure of funds
68.29under this section.
68.30 Sec. 25. Minnesota Statutes 2010, section 169.85, subdivision 2, is amended to read:
68.31 Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this
68.32section, an officer may require the driver to stop the vehicle in a suitable place and remain
68.33standing until a portion of the load is removed that is sufficient to reduce the gross weight
68.34of the vehicle to the limit permitted under either section168.013, subdivision 3 , paragraph
69.1(b), or sections169.823 to
169.829 , whichever is the lesser violation, if any. A suitable
69.2place is a location where loading or tampering with the load is not prohibited by federal,
69.3state, or local law, rule, or ordinance.
69.4 (b) Except as provided in paragraph (c), a driver may be required to unload a
69.5vehicle only if the weighing officer determines that (1) on routes subject to the provisions
69.6of sections169.823 to
169.829 , the weight on an axle exceeds the lawful gross weight
69.7prescribed by sections169.823 to
169.829 , by 2,000 pounds or more, or the weight on a
69.8group of two or more consecutive axles in cases where the distance between the centers
69.9of the first and last axles of the group under consideration is ten feet or less exceeds the
69.10lawful gross weight prescribed by sections169.823 to
169.829 , by 4,000 pounds or more;
69.11or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted
69.12in accordance with section169.87 . Material unloaded must be cared for by the owner or
69.13driver of the vehicle at the risk of the owner or driver.
69.14 (c)If The driver is not required to unload under paragraph (b) when the gross weight
69.15of the vehicle does not exceed:
69.16(1) the sum of the vehicle's registered gross weightplus, the weight allowance set
69.17forth in section168.013, subdivision 3 , paragraph (b), and plus, if applicable, the weight
69.18allowance permitted under section169.826 , then the driver is not required to unload
69.19under paragraph (b); or
69.20(2) the weight allowed by special permit issued under section 169.86 for a vehicle
69.21that is operated in conformity with the limitations and conditions of the permit.
69.22EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
69.23all registrations that are effective on or after that date and special permits issued on or
69.24after that date.
69.25 Sec. 26. Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read:
69.26 Subdivision 1. Permit authorities; restrictions. (a) The commissioner, with respect
69.27to highways under the commissioner's jurisdiction, and local authorities, with respect to
69.28highways under their jurisdiction, may, in their discretion, upon application in writing
69.29and good cause being shown therefor, issue a special permit, in writing, authorizing the
69.30applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or
69.31load exceeding the maximum specified in this chapter, exceeding the gross weight for
69.32which the vehicle is registered under chapter 168, or otherwise not in conformity with the
69.33provisions of this chapter, upon any highway under the jurisdiction of the party granting
69.34such permit and for the maintenance of which such party is responsible.
70.1(b) Permits relating to over-width, over-length manufactured homes shall not be
70.2issued to persons other than manufactured home dealers or manufacturers for movement
70.3of new units owned by the manufactured home dealer or manufacturer, until the person
70.4has presented a statement from the county auditor and treasurer where the unit is presently
70.5located, stating that all personal and real property taxes have been paid. Upon payment of
70.6the most recent single year delinquent personal property or current year taxes only, the
70.7county auditor or treasurer must issue a taxes paid statement to a manufactured home
70.8dealer or a financial institution desiring to relocate a manufactured home that has been
70.9repossessed. This statement must be dated within 30 days of the contemplated move. The
70.10statement from the county auditor and treasurer where the unit is presently located, stating
70.11that all personal and real property taxes have been paid, may be made by telephone. If
70.12the statement is obtained by telephone, the permit shall contain the date and time of the
70.13telephone call and the names of the persons in the auditor's office and treasurer's office
70.14who verified that all personal and real property taxes had been paid.
70.15(c) The commissioner may not grant a permit authorizing the movement, in a
70.16three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that
70.17the commissioner (1) may renew a permit that was granted before April 16, 1984, for the
70.18movement of a semitrailer or trailer that exceeds the length limitation in section169.81,
70.19subdivision 2 , or (2) may grant a permit authorizing the transportation of empty trailers
70.20that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of
70.21Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in
70.22the state to the state border.
70.23(d) The state as to state trunk highways, a statutory or home rule charter city as
70.24to streets in the city, or a town as to roads in the town, may issue permits authorizing
70.25the transportation of combinations of vehicles exceeding the limitations in section
70.26169.81, subdivisions 2a and 3
, over highways, streets, or roads within its boundaries.
70.27Combinations of vehicles authorized by this paragraph may be restricted as to the use of
70.28state trunk highways by the commissioner, to the use of streets by the city road authority,
70.29and to the use of roads by the town road authority. Nothing in this paragraph or section
70.30169.81, subdivisions 2a and 3
, alters or changes the authority vested in local authorities
70.31under section169.04 .
70.32EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
70.33all registrations that are effective on or after that date and special permits issued on or
70.34after that date.
70.35 Sec. 27. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
71.1 Subd. 4. Display and inspection of permit.Every such A permit shall must be
71.2carried in the vehicle or combination of vehicles to which it refers andshall must be open
71.3to inspection by anypolice peace officer or authorized agent of any authority granting
71.4such the permit, and. A permit may be carried in electronic format if it is easily read. No
71.5person shall violate any of the terms or conditions ofsuch a special permit.
71.6 Sec. 28. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
71.7amended to read:
71.8 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
71.9respect to highways under the commissioner's jurisdiction, may charge a fee for each
71.10permit issued. Allsuch fees for permits issued by the commissioner of transportation shall
71.11must be deposited in the state treasury and credited to the trunk highway fund. Except
71.12for those annual permits for which the permit fees are specified elsewhere in this chapter,
71.13the feesshall be are:
71.14 (a) $15 for each single trip permit.
71.15 (b) $36 for each job permit. A job permit may be issued for like loads carried on
71.16a specific route for a period not to exceed two months. "Like loads" means loads of the
71.17same product, weight, and dimension.
71.18 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
71.19months. Annual permits may be issued for:
71.20 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
71.21or well-being of the public;
71.22 (2) motor vehicleswhich that travel on interstate highways and carry loads
71.23authorized under subdivision 1a;
71.24 (3) motor vehicles operating with gross weights authorized under section169.826,
71.25subdivision 1a ;
71.26 (4) special pulpwood vehicles described in section169.863 ;
71.27 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
71.28 (6) noncommercial transportation of a boat by the owner or user of the boat;
71.29 (7) motor vehicles carrying bales of agricultural products authorized under section
71.30169.862
; and
71.31(8) special milk-hauling vehicles authorized under section169.867 .
71.32 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
71.33consecutive months. Annual permits may be issued for:
71.34 (1) mobile cranes;
71.35 (2) construction equipment, machinery, and supplies;
72.1 (3) manufactured homes and manufactured storage buildings;
72.2 (4) implements of husbandry;
72.3 (5) double-deck buses;
72.4 (6) commercial boat hauling and transporting waterfront structures, including, but
72.5not limited to, portable boat docks and boat lifts;
72.6 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
72.7for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
72.8the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
72.9only while operating on twin-trailer routes designated under section169.81, subdivision 3 ,
72.10paragraph (c); and
72.11(8) vehicles operating on that portion of marked Trunk Highway 36 described in
72.12section169.81, subdivision 3 , paragraph (e).
72.13 (e) For vehicleswhich that have axle weights exceeding the weight limitations of
72.14sections169.823 to
169.829 , an additional cost added to the fees listed above. However,
72.15this paragraph applies to any vehicle described in section168.013, subdivision 3 ,
72.16paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
72.17that paragraph, and then the additional cost is for all weight, including the allowance
72.18weight, in excess of the permitted maximum axle weight. The additional cost is equal
72.19to the product of the distance traveled times the sum of the overweight axle group cost
72.20factors shown in the following chart:
73.5The amounts added are rounded to the nearest cent for each axle or axle group. The
73.6additional cost does not apply to paragraph (c), clauses (1) and (3).
73.7For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
73.8fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
73.9in addition to the normal permit fee. Miles must be calculated based on the distance
73.10already traveled in the state plus the distance from the point of detection to a transportation
73.11loading site or unloading site within the state or to the point of exit from the state.
73.12 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
73.13or oversize and overweight, mobile cranes; construction equipment, machinery, and
73.14supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
73.15are as follows:
73.25If the gross weight of the vehicle is more than145,000 155,000 pounds the permit fee is
73.26determined under paragraph (e).
73.27 (g) For vehicles which exceed the width limitations set forth in section169.80 by
73.28more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
73.29when the permit is issued while seasonal load restrictions pursuant to section169.87 are
73.30in effect.
73.31 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
73.32refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
73.33a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section169.828,
73.34subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
73.35pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
73.36pounds.
73.37 (i) $300 for a motor vehicle described in section169.8261 . The fee under this
73.38paragraph must be deposited as follows:
74.1 (1) in fiscal years 2005 through 2010:
74.2 (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
74.3for costs related to administering the permit program and inspecting and posting bridges;
74.4 (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
74.5and signing account in the special revenue fund. Money in the account is appropriated
74.6to the commissioner for:
74.7 (A) inspection of local bridges and identification of local bridges to be posted,
74.8including contracting with a consultant for some or all of these functions; and
74.9 (B) erection of weight-posting signs on local bridges; and
74.10 (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
74.11fund.
74.12 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
74.13under authority of section169.824, subdivision 2 , paragraph (a), clause (2).
74.14 Sec. 29. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
74.15to read:
74.16 Subd. 5a. Additional tax for excessive gross weight. When a special permit is
74.17issued under this chapter, the commissioner shall collect in addition to the permit fee an
74.18additional tax for excessive gross weight, if the weight allowed under the permit is greater
74.19than the gross weight for which the vehicle is registered under section 168.013. The
74.20tax shall be calculated as the difference between the registration tax paid under section
74.21168.013, subdivision 1e, and the additional tax that would be due under section 168.013,
74.22subdivision 1e, at the gross weight allowed under the permit, prorated by the number of
74.23days for which the permit is effective. Proceeds of the surcharge must be deposited in the
74.24state treasury and credited to the highway user tax distribution fund.
74.25EFFECTIVE DATE.This section is effective with the registration period beginning
74.26October 1, 2012, and applies to all registrations that are effective on or after that date and
74.27special permits issued on or after that date.
74.28 Sec. 30. Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read:
74.29 Subd. 1b. Speed. (a) For a citation issued before August 1, 2014, the uniform
74.30traffic ticket must provide a blank or space wherein an officer who issues a citation for a
74.31violation of a speed limit of 55 or 60 miles per hour must specify whether the speed was
74.32greater than ten miles per hour in excess of the speed limit.
74.33(b) For a citation issued on or after August 1, 2014, the uniform traffic ticket must
74.34provide a blank or space wherein an officer who issues a citation for a violation of a speed
75.1limit of 55 or 60 miles per hour must specify whether the speed was greater than ten miles
75.2per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in
75.3excess of a 60 miles per hour speed limit.
75.4 Sec. 31. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:
75.5 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
75.6subdivision 7, the commissioner shall revoke the driver's license of a person convicted
75.7of violating section169A.20 (driving while impaired) or an ordinance in conformity
75.8with it, as follows:
75.9 (1) not less than 30 days for an offense under section169A.20, subdivision 1
75.10(driving while impaired crime), not less than 30 days;
75.11 (2) not less than 90 days for an offense under section169A.20, subdivision 2 (refusal
75.12to submit to chemical test crime), not less than 90 days;
75.13 (3) not less than one year for:
75.14(i) an offense occurring within ten years of a qualified prior impaired driving
75.15incident, or;
75.16(ii) an offense occurring after two qualified prior impaired driving incidents, not
75.17less than one year,; or if
75.18(iii) an offense occurring when a person has an alcohol concentration of twice the
75.19legal limit or more as measured at the time or within two hours of the time of the offense
75.20and the person has no qualified prior impaired driving incident within ten years;
75.21(4) not less than two years for an offense occurring under clause (3), item (i)
75.22or (ii), and where the test results indicate an alcohol concentration of twice the legal
75.23limit or more,not less than two years and until the court has certified that treatment or
75.24rehabilitation has been successfully completed where prescribed in accordance with
75.25section169A.70 (chemical use assessments);
75.26(4) (5) not less than three years for an offense occurring within ten years of the
75.27first of two qualified prior impaired driving incidents or occurring after three qualified
75.28prior impaired driving incidents, not less than three years, together and with denial under
75.29section171.04, subdivision 1 , clause (10), until rehabilitation is established according to
75.30standards established by the commissioner; and
75.31(5) (6) not less than four years for an offense occurring within ten years of the first of
75.32three qualified prior impaired driving incidents, not less than four years, together and with
75.33denial under section171.04, subdivision 1 , clause (10), until rehabilitation is established
75.34according to standards established by the commissioner; or
76.1(6) (7) not less than six years for an offense occurring after four or more qualified
76.2prior impaired driving incidents, not less than six years, together and with denial under
76.3section171.04, subdivision 1, clause (10), until rehabilitation is established according to
76.4standards established by the commissioner.
76.5EFFECTIVE DATE.This section is effective July 1, 2012.
76.6 Sec. 32. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
76.7 Subd. 6. Applicability of implied consent revocation. (a) Any person whose
76.8license has been revoked pursuant to section169A.52 (license revocation for test failure
76.9or refusal) as the result of the same incident, and who does not have a qualified prior
76.10impaired driving incident, is subject to the mandatory revocation provisions of subdivision
76.111, clause (1) or (2), in lieu of the mandatory revocation provisions of section169A.52 .
76.12(b) Paragraph (a) does not apply to:
76.13(1) a person whose license has been revoked under subdivision 2 (driving while
76.14impaired by person under age 21); or
76.15(2) a person whose driver's license has been revoked for, or who is charged with,
76.16(i) an alcohol concentration of twice the legal limit or more as measured at the time or
76.17within two hours of the time of the offense; or (ii) a violation of section169A.20 (driving
76.18while impaired) with an aggravating factor described in section169A.03, subdivision
76.193 , clause (2) or (3).
76.20EFFECTIVE DATE.This section is effective July 1, 2012.
76.21 Sec. 33. Minnesota Statutes 2010, section 171.03, is amended to read:
76.22171.03 PERSONS EXEMPT.
76.23 The following persons are exempt from license hereunder:
76.24 (a) A person in the employ or service of the United States federal government is
76.25exempt while driving or operating a motor vehicle owned by or leased to the United
76.26States federal government.
76.27 (b) A person in the employ or service of the United States federal government is
76.28exempt from the requirement to possess a valid class A, class B, or class C commercial
76.29driver's license while driving or operating for military purposes a commercial motor
76.30vehicle for the United States federal government if the person is:
76.31 (1) on active duty in the U. S. Coast Guard;
76.32 (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
76.33Air Force, Navy, and Marine Corps;
77.1 (3) a member of a reserve component of the U. S. armed forces; or
77.2 (4) on active duty in the Army National Guard or Air National Guard, which
77.3includes (i) a member on full-time National Guard duty, (ii) a member undergoing
77.4part-time National Guard training, and (iii) a National Guard military technician, who is a
77.5civilian required to wear a military uniform.
77.6The exemption provided under this paragraph does not apply to a U. S. armed forces
77.7reserve technician.
77.8 (c) Any person while driving or operating any farm tractor or implement of
77.9husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
77.10vehicle, as defined in section84.92, subdivision 8 , an off-highway motorcycle, as defined
77.11in section84.787, subdivision 7 , and an off-road vehicle, as defined in section
84.797,
77.12subdivision 7 , are not implements of husbandry.
77.13 (d) A nonresident who is at least 15 years of age and who has in immediate
77.14possession a valid driver's license issued to the nonresident in the home state or country
77.15may operate a motor vehicle in this state only as a driver.
77.16 (e) A nonresident who has in immediate possession a valid commercial driver's
77.17license issued by a state or jurisdiction in accordance with the standards of Code of
77.18Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
77.19commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
77.20 (f) Any nonresident who is at least 18 years of age, whose home state or country does
77.21not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
77.22period of not more than 90 days in any calendar year, if the motor vehicle so operated is
77.23duly registered for the current calendar year in the home state or country of the nonresident.
77.24 (g) Any person who becomes a resident of the state of Minnesota and who has in
77.25possession a valid driver's license issued to the person under and pursuant to the laws of
77.26some other state or jurisdiction or by military authorities of the United States may operate
77.27a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
77.28a resident of this state, without being required to have a Minnesota driver's license as
77.29provided in this chapter.
77.30 (h) Any person who becomes a resident of the state of Minnesota and who has in
77.31possession a valid commercial driver's license issued by another state or jurisdiction in
77.32accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
77.33for not more than 30 days after becoming a resident of this state.
77.34 (i) Any person operating a snowmobile, as defined in section84.81 , is exempt.
77.35(j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a),
77.36is exempt while operating a railroad locomotive or train, or on-track equipment while
78.1being operated upon rails. This exemption includes operation while crossing a street or
78.2highway, whether public or private.
78.3 Sec. 34. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
78.4 Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
78.5each application. Except as provided in paragraph(b) (c), the fee shall cover all expenses
78.6involved in receiving, accepting, or forwarding to the department the applications and
78.7fees required under sections171.02, subdivision 3 ;
171.06 , subdivisions 2 and 2a; and
78.8171.07
, subdivisions 3 and 3a.
78.9(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
78.10by credit card or debit card. The driver's license agent may collect a convenience fee on
78.11the statutory fees and filing fees not greater than the cost of processing a credit card or
78.12debit card transaction. The convenience fee must be used to pay the cost of processing
78.13credit card and debit card transactions. The commissioner shall adopt rules to administer
78.14this paragraph using the exempt procedures of section 14.386, except that section 14.386,
78.15paragraph (b), does not apply.
78.16(b) (c) The department shall maintain the photo identification equipment for all
78.17agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
78.18discontinuance of an existing agent, and if a new agent is appointed in an existing office
78.19pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
78.20Rules, part 7404.0400, the department shall provide and maintain photo identification
78.21equipment without additional cost to a newly appointed agent in that office if the office
78.22was provided the equipment by the department before January 1, 2000. All photo
78.23identification equipment must be compatible with standards established by the department.
78.24(c) (d) A filing fee retained by the agent employed by a county board must be paid
78.25into the county treasury and credited to the general revenue fund of the county. An
78.26agent who is not an employee of the county shall retain the filing fee in lieu of county
78.27employment or salary and is considered an independent contractor for pension purposes,
78.28coverage under the Minnesota State Retirement System, or membership in the Public
78.29Employees Retirement Association.
78.30(d) (e) Before the end of the first working day following the final day of the
78.31reporting period established by the department, the agent must forward to the department
78.32all applications and fees collected during the reporting period except as provided in
78.33paragraph(c) (d).
78.34EFFECTIVE DATE.This section is effective the day following final enactment.
79.1 Sec. 35. Minnesota Statutes 2010, section 171.12, subdivision 6, is amended to read:
79.2 Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph(b)
79.3(c), the department shall not keep on the record of a driver any conviction for a violation
79.4of a speed limit of 55or 60 miles per hour unless the violation consisted of a speed greater
79.5than ten miles per hour in excess ofa 55 miles per hour the speed limit, or more than five
79.6miles per hour in excess of a 60 miles per hour speed limit.
79.7(b) Except as provided in paragraph (c), the department shall not keep on the record
79.8of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the
79.9violation consisted of a speed greater than:
79.10(1) ten miles per hour in excess of the speed limit, for any violation occurring on or
79.11after August 1, 2012, and before August 1, 2014; or
79.12(2) five miles per hour in excess of the speed limit, for any violation occurring on
79.13or after August 1, 2014.
79.14(c) This subdivision does not apply to (1) a violation that occurs in a commercial
79.15motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
79.16driver's license, without regard to whether the violation was committed in a commercial
79.17motor vehicle or another vehicle.
79.18 Sec. 36. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
79.19 Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
79.20license to the driver under the conditions in paragraph (b) in any case where a person's
79.21license has been:
79.22(1) suspended under section171.18 ,
171.173 , or
171.186 ;
79.23(2) revoked, canceled, or denied under section:
79.24(i)169.792 ;
79.25(ii)169.797 ;
79.26(iii)169A.52 :
79.27(A) subdivision 3, paragraph (a), clause (1) or (2);
79.28(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
79.29171.306
;
79.30(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
79.31alcohol concentration of less than twice the legal limit;
79.32(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
79.33171.306
;
79.34(iv)171.17 ; or
79.35(v)171.172 ; or
80.1(3) revoked, canceled, or denied under section 169A.54:
80.2(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
80.3of less than twice the legal limit;
80.4(ii) subdivision 1, clause (2);
80.5(iii) subdivision 1, clause(4), (5), or (6), or (7), if in compliance with section
80.6171.306
; or
80.7(iv) subdivision 2, if the person does not have a qualified prior impaired driving
80.8incident as defined in section169A.03, subdivision 22 , on the person's record, and the test
80.9results indicate an alcohol concentration of less than twice the legal limit.
80.10(b) The following conditions for a limited license under paragraph (a) include:
80.11(1) if the driver's livelihood or attendance at a chemical dependency treatment or
80.12counseling program depends upon the use of the driver's license;
80.13(2) if the use of a driver's license by a homemaker is necessary to prevent the
80.14substantial disruption of the education, medical, or nutritional needs of the family of
80.15the homemaker; or
80.16(3) if attendance at a postsecondary institution of education by an enrolled student of
80.17that institution depends upon the use of the driver's license.
80.18(c) The commissioner in issuing a limited license may impose such conditions and
80.19limitations as in the commissioner's judgment are necessary to the interests of the public
80.20safety and welfare including reexamination as to the driver's qualifications. The license
80.21may be limited to the operation of particular vehicles, to particular classes and times of
80.22operation, and to particular conditions of traffic. The commissioner may require that an
80.23applicant for a limited license affirmatively demonstrate that use of public transportation
80.24or carpooling as an alternative to a limited license would be a significant hardship.
80.25(d) For purposes of this subdivision:
80.26(1) "homemaker" refers to the person primarily performing the domestic tasks in a
80.27household of residents consisting of at least the person and the person's dependent child
80.28or other dependents; and
80.29(2) "twice the legal limit" means an alcohol concentration of two times the limit
80.30specified in section169A.20, subdivision 1 , clause (5).
80.31(e) The limited license issued by the commissioner shall clearly indicate the
80.32limitations imposed and the driver operating under the limited license shall have the
80.33license in possession at all times when operating as a driver.
80.34(f) In determining whether to issue a limited license, the commissioner shall consider
80.35the number and the seriousness of prior convictions and the entire driving record of the
80.36driver and shall consider the number of miles driven by the driver annually.
81.1(g) If the person's driver's license or permit to drive has been revoked under
81.2section169.792 or
169.797 , the commissioner may only issue a limited license to the
81.3person after the person has presented an insurance identification card, policy, or written
81.4statement indicating that the driver or owner has insurance coverage satisfactory to
81.5the commissioner of public safety. The commissioner of public safety may require
81.6the insurance identification card provided to satisfy this subdivision be certified by the
81.7insurance company to be noncancelable for a period not to exceed 12 months.
81.8(h) The limited license issued by the commissioner to a person under section
81.9171.186, subdivision 4
, must expire 90 days after the date it is issued. The commissioner
81.10must not issue a limited license to a person who previously has been issued a limited
81.11license under section171.186, subdivision 4 .
81.12(i) The commissioner shall not issue a limited driver's license to any person
81.13described in section171.04, subdivision 1 , clause (6), (7), (8), (11), or (14).
81.14(j) The commissioner shall not issue a class A, class B, or class C limited license.
81.15EFFECTIVE DATE.This section is effective July 1, 2012.
81.16 Sec. 37. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
81.17 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
81.18D driver's license, subject to the applicable limitations and restrictions of this section,
81.19to a program participant who meets the requirements of this section and the program
81.20guidelines. The commissioner shall not issue a license unless the program participant has
81.21provided satisfactory proof that:
81.22(1) a certified ignition interlock device has been installed on the participant's motor
81.23vehicle at an installation service center designated by the device's manufacturer; and
81.24(2) the participant has insurance coverage on the vehicle equipped with the ignition
81.25interlock device. The commissioner shall require the participant to present an insurance
81.26identification card, policy, or written statement as proof of insurance coverage, and may
81.27require the insurance identification card provided be certified by the insurance company to
81.28be noncancelable for a period not to exceed 12 months.
81.29(b) A license issued under authority of this section must contain a restriction
81.30prohibiting the program participant from driving, operating, or being in physical control of
81.31any motor vehicle not equipped with a functioning ignition interlock device certified by
81.32the commissioner. A participant may drive an employer-owned vehicle not equipped with
81.33an interlock device while in the normal course and scope of employment duties pursuant
81.34to the program guidelines established by the commissioner and with the employer's
81.35written consent.
82.1(c) A program participant whose driver's license has been revoked under section
82.2169A.52, subdivision 3
, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
82.3(a), clause (1), (2), or (3), or section169A.54, subdivision 1 , clause (1), (2), or (3), or (4),
82.4may apply for conditional reinstatement of the driver's license, subject to the ignition
82.5interlock restriction.
82.6(d) A program participant whose driver's license has been revoked, canceled, or
82.7denied under section169A.52, subdivision 3 , paragraph (a), clause (4), (5), or (6), or
82.8subdivision 4, paragraph (a), clause (4), (5), or (6), or section169A.54, subdivision 1 ,
82.9clause(4), (5), or (6), or (7), may apply for a limited license, subject to the ignition
82.10interlock restriction, if the program participant is enrolled in a licensed chemical
82.11dependency treatment or rehabilitation program as recommended in a chemical use
82.12assessment, and if the participant meets the other applicable requirements of section
82.13171.30
. After completing a licensed chemical dependency treatment or rehabilitation
82.14program and one year of limited license use without violating the ignition interlock
82.15restriction, the conditions of limited license use, or program guidelines, the participant
82.16may apply for conditional reinstatement of the driver's license, subject to the ignition
82.17interlock restriction. If the program participant's ignition interlock device subsequently
82.18registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
82.19cancel the driver's license, and the program participant may apply for another limited
82.20license according to this paragraph.
82.21(e) Notwithstanding any statute or rule to the contrary, the commissioner has
82.22authority to determine when a program participant is eligible for restoration of full driving
82.23privileges, except that the commissioner shall not reinstate full driving privileges until the
82.24program participant has met all applicable prerequisites for reinstatement under section
82.25169A.55
and until the program participant's device has registered no positive breath
82.26alcohol concentrations of 0.02 or higher during the preceding 90 days.
82.27EFFECTIVE DATE.This section is effective July 1, 2012.
82.28 Sec. 38. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
82.29to read:
82.30 Subd. 9. Pilot transportation project; alternative financing and investment. (a)
82.31The commissioner may select one pilot transportation project on the trunk highway system
82.32to implement the authority granted in this subdivision. In connection with the pilot project,
82.33the commissioner may enter into agreements with governmental or nongovernmental
82.34entities, including private and nonprofit entities, to finance or invest in the transportation
82.35project, including repayment agreements. An agreement under this subdivision is subject
83.1to (1) the availability of state money or other dedicated revenue or resources; and (2) the
83.2approval of the commissioner of management and budget.
83.3(b) The commissioner shall submit to the chairs and ranking minority members of
83.4the house of representatives and senate committees having jurisdiction over transportation
83.5policy and finance a report detailing agreements executed under this subdivision. The
83.6listing must identify each agreement, the contracting entities, the contract amounts and
83.7duration, and any repayment requirements. The listing may be submitted electronically,
83.8and is subject to section 3.195, subdivision 1.
83.9(c) The pilot project is subject to transportation planning, programming, and
83.10procurement requirements. Use of this subdivision must not result in the delay of any
83.11project programmed in the statewide transportation improvement program.
83.12(d) This subdivision does not preempt any other statute or provide new toll facility
83.13authority or design-build contracting authority.
83.14(e) Any repayment agreement under this subdivision must comply with all applicable
83.15debt and other financial policies and requirements.
83.16 Sec. 39. Minnesota Statutes 2010, section 174.56, is amended to read:
83.17174.56 REPORT ON MAJOR HIGHWAY PROJECTS AND TRUNK
83.18HIGHWAY FUND EXPENDITURES.
83.19 Subdivision 1. Report required. (a) The commissioner of transportation shall
83.20submit a reporton January 15, 2009, and on January by December 15 of each year
83.21thereafter, on (1) the status of major highway projects completed during the previous two
83.22years or under construction or planned during the year of the report and for the ensuing 15
83.23years; and (2) trunk highway fund expenditures.
83.24(b) For purposes of this section, a "major highway project" is a highway project that
83.25has a total cost for all segments that the commissioner estimates at the time of the report to
83.26be at least (1)$25,000,000 $15,000,000 in the metropolitan highway construction district,
83.27or (2)$10,000,000 $5,000,000 in any nonmetropolitan highway construction district.
83.28 Subd. 2. Report contents; major highway projects. For each major highway
83.29project the report must include:
83.30 (1) a description of the project sufficient to specify its scope and location;
83.31 (2) a history of the project, including, but not limited to, previous official actions
83.32by the department or the appropriate area transportation partnership, or both, the date on
83.33which the project was first included in the state transportation improvement plan, the cost
83.34of the project at that time, the planning estimate for the project, the engineer's estimate, the
83.35award price, the final cost as of six months after substantial completion, including any
84.1supplemental agreements and cost overruns or cost savings, the dates of environmental
84.2approval, the dates of municipal approval, the date of final geometric layout, and the date
84.3of establishment of any construction limits;
84.4 (3) the project's priority listing or rank within its construction district, if any, as
84.5well as the reasons for that listing or rank, the criteria used in prioritization or rank, any
84.6changes in that prioritization or rank since the project was first included in a department
84.7work plan, and the reasons for those changes;and
84.8 (4) past and potential future reasons for delay in letting or completing the project,
84.9details of all project cost changes that exceed $500,000, and specific modifications to the
84.10overall program that are made as a result of delays and project cost changes;
84.11(5) two representative trunk highway construction projects, one each from the
84.12department's metropolitan district and from greater Minnesota, and for each project report
84.13the cost of environmental mitigation and compliance; and
84.14(6) the annual budget for products and services for each Department of
84.15Transportation district and office, with comparison to actual spending and including
84.16measures of productivity for the previous fiscal year.
84.17 Subd. 2a. Report contents; trunk highway fund expenditures. The commissioner
84.18shall include in the report information on the total expenditures from the trunk highway
84.19fund during the previous fiscal year, for each Department of Transportation district, in
84.20the following categories: road construction; planning; design and engineering; labor;
84.21compliance with environmental regulations; administration; acquisition of right-of-way,
84.22including costs for attorney fees and other compensation for property owners; litigation
84.23costs, including payment of claims, settlements, and judgments; maintenance; and road
84.24operations.
84.25 Subd. 3. Department resources. The commissioner shall prepare and submit the
84.26report with existing department staff and resources.
84.27EFFECTIVE DATE.This section is effective August 1, 2012, except that (1) the
84.28changes in subdivision 2, clause (2), apply to projects that are substantially completed
84.29on or after July 1, 2012; and (2) subdivision 2, clause (6), is effective beginning with the
84.30report due by December 15, 2013.
84.31 Sec. 40. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
84.32read:
84.33 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
84.34a waiver to a person who is not physically qualified to drive under Code of Federal
85.1Regulations, title 49, section391.41, paragraph (b)(3 ) to (b)(13). A waiver granted under
85.2this subdivision applies to intrastate transportation only.
85.3(b) A person who wishes to obtain a waiver under this subdivision must give the
85.4commissioner the following information:
85.5(1) the applicant's name, address, and telephone number;
85.6(2) the name, address, and telephone number of an employer coapplicant, if any;
85.7(3) a description of the applicant's experience in driving the type of vehicle to be
85.8operated under the waiver;
85.9(4) a description of the type of driving to be done under the waiver;
85.10(5) a description of any modifications to the vehicle the applicant intends to drive
85.11under the waiver that are designed to accommodate the applicant's medical condition or
85.12disability;
85.13(6) whether the applicant has been granted another waiver under this subdivision;
85.14(7) a copy of the applicant's current driver's license;
85.15(8) a copy of a medical examiner's certificate showing that the applicant is medically
85.16unqualified to drive unless a waiver is granted;
85.17(9) a statement from the applicant's treating physician that includes:
85.18(i) the extent to which the physician is familiar with the applicant's medical history;
85.19(ii) a description of the applicant's medical condition for which a waiver is necessary;
85.20(iii) assurance that the applicant has the ability and willingness to follow any course
85.21of treatment prescribed by the physician, including the ability to self-monitor or manage
85.22the medical condition; and
85.23(iv) the physician's professional opinion that the applicant's condition will not
85.24adversely affect the applicant's ability to operate a motor vehicle safely; and
85.25(10) any other information considered necessary by the commissioner including
85.26requiring a physical examination or medical report from a physician who specializes
85.27in a particular field of medical practice.
85.28(c) In granting a waiver under this subdivision, the commissioner may impose
85.29conditions the commissioner considers necessary to ensure that an applicant is able to
85.30operate a motor vehicle safely and that the safety of the general public is protected.
85.31(d) A person who is granted a waiver under this subdivision must:
85.32(1) at intervals specified in the waiver, give the commissioner periodic reports from
85.33the person's treating physician, or a medical specialist if the commissioner so requires in
85.34the waiver, that contain the information described in paragraph (b), clause (9), together
85.35with a description of any episode that involved the person's loss of consciousness or loss
85.36of ability to operate a motor vehicle safely; and
86.1(2) immediately report the person's involvement in an accident for which a report is
86.2required under section169.09, subdivision 7 .
86.3(e) The commissioner shall deny an application if, during the three years preceding
86.4the application:
86.5(1) the applicant's driver's license has been suspended under section171.18 ,
86.6paragraph (a), clauses (1) to (9), (11), and (12), canceled under section171.14 , or revoked
86.7under section171.17 ,
171.172 , or
171.174 ; or
86.8(2) the applicant has been convicted of a violation under section 171.24; or
86.9(2) (3) the applicant has been convicted of a disqualifying offense, as defined in
86.10Code of Federal Regulations, title 49, section383.51, paragraph (b) , which is incorporated
86.11by reference.
86.12(f) The commissioner may deny an application or may immediately revoke a
86.13waiver granted under this subdivision. Notice of the commissioner's reasons for denying
86.14an application or for revoking a waiver must be in writing and must be mailed to
86.15the applicant's or waiver holder's last known address by certified mail, return receipt
86.16requested. A person whose application is denied or whose waiver is revoked is entitled to
86.17a hearing under chapter 14.
86.18(g) A waiver granted under this subdivision expires on the date of expiration shown
86.19on the medical examiner's certificate described in paragraph (b), clause (8).
86.20 Sec. 41. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
86.21 Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the
86.22purpose of rail service improvement and may incorporate funds available from the federal
86.23rail service continuation program government. The participants in these contracts shall be
86.24railroads, rail users, and the department, and may be political subdivisions of the state and
86.25the federal government. In such contracts, participation by all parties shall be voluntary.
86.26The commissioner may provide a portion of the money required to carry out the terms of
86.27any such contract by expenditure from the rail service improvement account.
86.28 Sec. 42. Minnesota Statutes 2010, section 222.51, is amended to read:
86.29222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
86.30The governing body of any political subdivision of the state may, with the approval
86.31of the commissioner, appropriate money for rail service improvement and may participate
86.32in the state rail service improvement program andthe federal rail service continuation
86.33program programs.
87.1 Sec. 43. Minnesota Statutes 2010, section 222.53, is amended to read:
87.2222.53 ACCEPTANCE OF FEDERAL MONEY.
87.3The commissioner may exercise those powers necessary for the state to qualify
87.4for, accept, and disburse any federal moneythat may be made available pursuant to the
87.5provisions of the federal rail service continuation program, including the power to:
87.6(1) establish an adequate plan for rail service in the state as part of an overall
87.7planning process for all transportation services in the state, including a suitable process for
87.8updating, revising, and amending the plan;
87.9(2) administer and coordinate the plan with other state agencies, and provide for the
87.10equitable distribution of resources;
87.11(3) develop, promote, and support safe, adequate, and efficient rail transportation
87.12services; employ qualified personnel; maintain adequate programs of investigation,
87.13research, promotion, and development, with provisions for public participation; and take
87.14all practical steps to improve transportation safety and reduce transportation-related
87.15energy utilization and pollution;
87.16(4) adopt and maintain adequate procedures for financial control, accounting, and
87.17performance evaluation in order to assure proper use of state and federal money; and
87.18(5) do all things otherwise necessary to maximize federal assistance to the state
87.19under the federal rail service continuation program.
87.20 Sec. 44. Minnesota Statutes 2010, section 574.26, subdivision 1a, is amended to read:
87.21 Subd. 1a. Exemptions: certain manufacturers; commissioner of transportation;
87.22road maintenance. (a) Sections574.26 to
574.32 do not apply to a manufacturer of
87.23public transit buses that manufactures at least 100 public transit buses in a calendar year.
87.24For purposes of this section, "public transit bus" means a motor vehicle designed to
87.25transport people, with a design capacity for carrying more than 40 passengers, including
87.26the driver. The term "public transit bus" does not include a school bus, as defined in
87.27section169.011, subdivision 71 .
87.28(b) At the discretion of the commissioner of transportation, sections574.26 to
87.29574.32
do not apply to any projects of the Department of Transportation (1) costing less
87.30than$75,000 the amount in section 471.345, subdivision 3, or (2) involving the permanent
87.31or semipermanent installation of heavy machinery, fixtures, or other capital equipment to
87.32be used primarily for maintenance or repair.
87.33(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice
87.34removal, grading, or other similar routine road maintenance on town roads.
88.1EFFECTIVE DATE.This section is effective the day following final enactment.
88.2 Sec. 45. Minnesota Statutes 2010, section 574.26, subdivision 2, is amended to read:
88.3 Subd. 2. Terms. Except as provided in sections574.263 and
574.264 or if the
88.4amount of the contract is$75,000 or less than the amount in section 471.345, subdivision
88.53, a contract with a public body for the doing of any public work is not valid unless the
88.6contractor gives (1) a performance bond to the public body with whom the contractor
88.7entered into the contract, for the use and benefit of the public body to complete the
88.8contract according to its terms, and conditioned on saving the public body harmless from
88.9all costs and charges that may accrue on account of completing the specified work, and
88.10(2) a payment bond for the use and benefit of all persons furnishing labor and materials
88.11engaged under, or to perform the contract, conditioned for the payment, as they become
88.12due, of all just claims for the labor and materials. Reasonable attorneys' fees, costs, and
88.13disbursements may be awarded in an action to enforce claims under the act if the action is
88.14successfully maintained or successfully appealed.
88.15EFFECTIVE DATE.This section is effective the day following final enactment.
88.16 Sec. 46. VARIANCE; SEAPLANE BASE.
88.17The commissioner of transportation shall grant a variance for Elbow Lake
88.18Municipal-Pride of the Prairie Airport, airport code Y63, to be licensed as a public
88.19seaplane base on Flekkefjord Lake. The commissioner shall establish conditions or
88.20limitations as may be necessary.
88.21EFFECTIVE DATE.This section is effective the day following final enactment.
88.22 Sec. 47. PAYNESVILLE AIRPORT.
88.23(a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner of
88.24transportation may enter into an agreement with the city of Paynesville to allow funds
88.25granted by the state to the city for land acquisition purposes for the marked Trunk
88.26Highway 23 bypass project to instead be used by June 30, 2015, as the state's share of
88.27funds for airport improvements and other aeronautical purposes at the city's airport.
88.28(b) Funds not spent pursuant to paragraph (a) by June 30, 2015, must be paid to the
88.29commissioner of transportation and deposited in the state airports fund.
88.30 Sec. 48. ADDITIONS TO REPORTS ON MAJOR HIGHWAY PROJECTS AND
88.31TRUNK HIGHWAY FUND EXPENDITURES.
89.1For 2013 and 2014 reports required under Minnesota Statutes, section 174.56, the
89.2commissioner of transportation shall include the results of evaluations of management
89.3systems currently used by the Department of Transportation. The evaluations must specify
89.4the extent to which the management of data in these systems is consistent with existing
89.5policies and the need for statewide, reliable, and verifiable information. The evaluations
89.6must be performed either by the department's office of internal audit or by an independent
89.7external auditor. The 2013 report must include the evaluation of construction management
89.8systems and the program and project management system. The 2014 report must include
89.9the evaluation of pavement management systems and bridge management systems.
89.10 Sec. 49. LEGISLATIVE REPORT ON SPEED VIOLATIONS ON DRIVING
89.11RECORD.
89.12By January 15, 2015, the commissioners of transportation and public safety shall
89.13jointly submit a report on recording speed limit violations on a person's driver record to the
89.14chairs and ranking minority members of the legislative committees with jurisdiction over
89.15transportation policy and finance. The report must include analysis based on empirical
89.16data of impacts on public safety, frequency of speeding, crash rates, travel time efficiency,
89.17travel time reliability, and data privacy that are directly or reasonably attributable to the
89.18change to Minnesota Statutes, section 171.12, subdivision 6, made by this act.
89.19 Sec. 50. REPEALER.
89.20(a) Minnesota Statutes 2010, sections 161.08, subdivision 2; 168.012, subdivision
89.211b; and 222.48, subdivision 3a, are repealed.
89.22(b) Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed effective
89.23July 1, 2012.
89.24 Sec. 51. EFFECTIVE DATE.
89.25Unless otherwise specified, this article is effective August 1, 2012."
89.26Delete the title and insert:
89.28relating to transportation; making appropriations; authorizing the sale and
89.29issuance of state bonds; modifying provisions governing transportation and
89.30public safety policies, including bicycles and bikeways, highways and bridges,
89.31motor vehicles, motor vehicle markings and equipment, traffic regulations,
89.32driver education, driver licensing, driver's license exemptions, DWI violations,
89.33alternative financing for transportation projects, contracting requirements, bus
89.34operations, railroads, motor carriers and commercial drivers, aeronautics and
89.35airports, state aid, traffic regulations and reports, vehicle titles, school buses,
89.36overweight vehicles, fuel tax and motor vehicle sales tax exemptions, and agency
89.37reporting and studies; providing for rulemaking; removing obsolete language;
90.1making technical and clarifying changes; repealing certain provisions;amending
90.2Minnesota Statutes 2010, sections 85.015, by adding a subdivision; 85.018,
90.3subdivisions 2, 4; 160.263, subdivision 2; 161.14, subdivision 66, by adding
90.4subdivisions; 161.3212; 162.02, subdivisions 2, 3; 162.081, subdivision 4;
90.5162.09, subdivisions 2, 3, 4; 162.13, subdivision 1; 162.155; 165.01; 165.03;
90.6168.002, subdivisions 19, 20; 168.012, subdivision 1, by adding a subdivision;
90.7168.013, subdivisions 1e, 3, 12, by adding a subdivision; 168A.03, subdivision
90.81; 168A.07, subdivision 1; 168B.011, subdivision 12; 169.011, subdivisions 4,
90.927, 44, 45; 169.035, subdivision 1, by adding a subdivision; 169.06, subdivisions
90.104, 5, 7; 169.09, subdivision 13; 169.19, subdivision 5; 169.222, subdivisions
90.114, 6, 7, by adding a subdivision; 169.223, subdivisions 1, 5; 169.306; 169.64,
90.12subdivision 2; 169.685, subdivisions 6, 7; 169.72, subdivision 1; 169.85,
90.13subdivision 2; 169.86, subdivisions 1, 4, by adding a subdivision; 169.865,
90.14subdivision 4; 169.872, subdivision 1a; 169.98, subdivisions 1, 3; 169.99,
90.15subdivision 1b; 169A.54, subdivisions 1, 6; 171.01, subdivision 41; 171.03;
90.16171.061, subdivision 4; 171.12, subdivision 6; 171.30, subdivision 1; 171.306,
90.17subdivision 4; 174.02, by adding a subdivision; 174.03, by adding a subdivision;
90.18174.56; 221.0314, subdivision 3a; 221.091, subdivision 2; 222.50, subdivision
90.194; 222.51; 222.53; 222.63, subdivision 9; 296A.07, subdivision 4; 296A.08,
90.20subdivision 3; 297A.68, subdivision 19; 299D.085, subdivision 2, by adding a
90.21subdivision; 299D.09; 473.39, by adding a subdivision; 574.26, subdivisions
90.221a, 2; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5;
90.23168.123, subdivision 1; 169.86, subdivision 5; 171.075, subdivision 1; 297B.03;
90.24Laws 2009, chapter 158, section 10; proposing coding for new law in Minnesota
90.25Statutes, chapters 160; 161; 171; 174; repealing Minnesota Statutes 2010,
90.26sections 161.08, subdivision 2; 168.012, subdivision 1b; 169A.54, subdivision
90.275; 222.48, subdivision 3a; Minnesota Rules, parts 8810.9000; 8810.9100;
90.288810.9200; 8810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700."
1.3relating to transportation; modifying provisions governing transportation policy
1.4and finance, including trunk highway designation, work and contracting on trunk
1.5highways, motor vehicles, motor vehicle weight limit regulations, motor vehicle
1.6titles, electric-assisted bicycles and related regulations, bridge inspections,
1.7special veterans license plates, pupil transportation, municipal state-aid street
1.8fund eligibility and apportionment, small vehicle passenger service, driver and
1.9vehicle information system, deputy registrars of motor vehicles, civilian escort
1.10drivers, bicycle equipment, school buses, small business contracts, and legislative
1.11reports; making contingent appropriations; setting fees; renumbering statutes;
1.12making technical changes;amending Minnesota Statutes 2010, sections 160.27,
1.13by adding a subdivision; 160.2715; 161.14, by adding a subdivision; 161.20,
1.14subdivision 4; 161.321; 161.3212; 162.09, by adding a subdivision; 165.01;
1.15165.03; 168.002, subdivisions 19, 20; 168.012, by adding a subdivision; 168.013,
1.16subdivision 3, by adding a subdivision; 168.185; 168A.03, subdivision 1;
1.17168A.07, subdivision 1; 169.011, subdivisions 4, 27, 44, 45; 169.06, subdivision
1.184; 169.222, subdivisions 4, 6, 7, by adding subdivisions; 169.223, subdivisions
1.191, 5; 169.72, subdivision 1; 169.86, subdivision 3b; 169.872, subdivision 1a;
1.20169.98, subdivisions 1, 3; 171.01, subdivision 41; 171.02, subdivision 2b;
1.21174.03, subdivision 1b; 221.091, subdivision 2; 299D.085, subdivision 1, by
1.22adding a subdivision; 299D.09; 473.388, subdivisions 2, 4; 604A.21, subdivision
1.235; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5; 168.123,
1.24subdivision 1; 171.075, subdivision 1; 299A.705, subdivision 3; Laws 2009,
1.25chapter 158, section 10; Laws 2011, First Special Session chapter 3, article 1,
1.26section 4; proposing coding for new law in Minnesota Statutes, chapters 161;
1.27171; 375; repealing Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200;
1.288810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700.
1.29May 5, 2012
1.30The Honorable Kurt Zellers
1.31Speaker of the House of Representatives
1.32The Honorable Michelle L. Fischbach
1.33President of the Senate
1.34We, the undersigned conferees for H. F. No. 2685 report that we have agreed upon
1.35the items in dispute and recommend as follows:
1.36That the Senate recede from its amendments and that H. F. No. 2685 be further
1.37amended as follows:
1.38Delete everything after the enacting clause and insert:
| 2.3 2.4 |
Section 1. TRUNK HIGHWAY APPROPRIATIONS |
$ |
17,530,000 |
||||
| 2.5 2.6 |
Subdivision 1.Appropriations for Transportation |
||||||
2.8of transportation for the purposes specified in
2.9this section.
2.10Unless otherwise specified, these
2.11appropriations are for fiscal year 2013 from
2.12the trunk highway fund and are available
2.13until expended.
| 2.14 |
Subd. 2.Willmar District Headquarters |
7,500,000 |
|||||
2.16maintenance facility addition to the existing
2.17Willmar district headquarters building,
2.18and corresponding remodeling of the
2.19headquarters building.
| 2.20 |
Subd. 3.Plymouth Truck Station |
5,600,000 |
|||||
2.22and bridge crew building in Plymouth.
| 2.23 |
Subd. 4.Cambridge Truck Station |
3,300,000 |
|||||
2.25truck station facility in Cambridge, including
2.26ancillary buildings and site improvements.
| 2.27 2.28 |
Subd. 5.Crookston, Eden Prairie, and Mendota Truck Station Design |
1,100,000 |
|||||
2.30station buildings in Crookston, Eden Prairie,
2.31and Mendota.
| 2.32 2.33 |
Subd. 6.Overweight Motor Vehicle Registration Collection |
30,000 |
|||||
3.2permit system to allow the department
3.3to collect additional registration taxes for
3.4overweight motor vehicles.
3.5This appropriation is only available if
3.6legislation is enacted in the 2012 legislative
3.7session authorizing the commissioner to
3.8collect a surcharge or additional registration
3.9tax on motor vehicles.
3.10 Sec. 2. EFFECTIVE DATE.
3.11This article is effective the day following final enactment.
3.14 Section 1. ROCHESTER MAINTENANCE FACILITY.
3.15$16,100,000 is appropriated to the commissioner of transportation to design,
3.16construct, furnish, and equip the maintenance facility in Rochester and corresponding
3.17remodeling of the existing district headquarters building. This appropriation is from the
3.18bond proceeds account in the trunk highway fund.
3.19 Sec. 2. BOND SALE EXPENSES.
3.20$20,000 is appropriated from the bond proceeds account in the trunk highway fund
3.21to the commissioner of management and budget for bond sale expenses under Minnesota
3.22Statutes, section 167.50, subdivision 4.
3.23 Sec. 3. TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT.
3.24To provide the money appropriated in this article from the bond proceeds account
3.25in the trunk highway fund, the commissioner of management and budget shall sell and
3.26issue bonds of the state in an amount up to $16,120,000 in the manner, upon the terms,
3.27and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and
3.28by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
3.29requested by the commissioner of transportation. The proceeds of the bonds, except
3.30accrued interest and any premium received from the sale of the bonds, must be credited
3.31to the bond proceeds account in the trunk highway fund.
4.1 Sec. 4. EFFECTIVE DATE.
4.2This article is effective the day following final enactment.
4.5 Section 1. Minnesota Statutes 2010, section 161.14, is amended by adding a
4.6subdivision to read:
4.7 Subd. 70. Black and Yellow Trail. Trunk Highway signed 14 as of the effective
4.8date of this section, from the border with South Dakota to the border with Wisconsin, is
4.9designated as the "Black and Yellow Trail." The commissioner shall adopt a suitable
4.10design to mark this highway and erect appropriate signs, subject to section 161.139.
4.11 Sec. 2. [161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR
4.12CONTRACTS; DEFINITIONS.
4.13 Subdivision 1. Scope. The terms used in sections 161.3207 to 161.3209 have the
4.14meanings given them in this section.
4.15 Subd. 2. Acceptance. "Acceptance" means an action of the commissioner
4.16authorizing the execution of a construction manager/general contractor contract.
4.17 Subd. 3. Commissioner. "Commissioner" means the commissioner of
4.18transportation.
4.19 Subd. 4. Construction manager/general contractor. "Construction
4.20manager/general contractor" means a proprietorship, partnership, limited liability
4.21partnership, joint venture, corporation, any type of limited liability company, professional
4.22corporation, or any legal entity selected by the commissioner to act as a construction
4.23manager to manage the construction process, which includes, but is not limited to,
4.24responsibility for the price, schedule, and execution of preconstruction services or the
4.25workmanship of construction performed according to section 161.3209, or both.
4.26 Subd. 5. Construction manager/general contractor contract. "Construction
4.27manager/general contractor contract" means a contract for construction of a project
4.28between a construction manager/general contractor and the commissioner, which
4.29must include terms providing for a price, construction schedule, and workmanship of
4.30the construction performed. The construction manager/general contractor contract
4.31may include provisions for incremental price contracts for specific work packages,
4.32additional work performed, contingencies, or other contract provisions that will allow the
4.33commissioner to negotiate time and cost changes to the contract.
5.1 Subd. 6. Past performance; experience. "Past performance" or "experience" does
5.2not include the exercise or assertion of a person's legal rights.
5.3 Subd. 7. Preconstruction services. "Preconstruction services" means all
5.4non-construction-related services that a construction manager/general contractor is
5.5allowed to perform before execution of a construction manager/general contractor contract
5.6or work package.
5.7 Subd. 8. Preconstruction services contract. "Preconstruction services contract"
5.8means a contract under which a construction manager/general contractor is paid on the
5.9basis of the actual cost to perform the work specified in the contract plus an amount for
5.10overhead and profit for all preconstruction services.
5.11 Subd. 9. Project. "Project" means any project selected by the commissioner as a
5.12construction manager/general contractor project under section 161.3208.
5.13 Subd. 10. Request for proposals; RFP. "Request for proposals" or "RFP" means
5.14the document or publication soliciting proposals for a construction manager/general
5.15contractor contract.
5.16 Subd. 11. Request for qualifications; RFQ. "Request for qualifications" or "RFQ"
5.17means a document or publication used to prequalify and short-list potential construction
5.18managers/general contractors.
5.19 Subd. 12. Work package. "Work package" means the scope of work for a defined
5.20portion of a project. A defined portion includes construction services on any project
5.21aspect, including procuring materials or services.
5.22EFFECTIVE DATE.This section is effective the day following final enactment
5.23and expires one year following the acceptance of ten construction manager/general
5.24contractor contracts.
5.25 Sec. 3. [161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
5.26AUTHORITY.
5.27 Subdivision 1. Selection authority; limitation. Notwithstanding sections 16C.25,
5.28161.32, and 161.321, or any other law to the contrary, the commissioner may select a
5.29construction manager/general contractor as provided in section 161.3209, and award a
5.30construction manager/general contractor contract. The number of awarded contracts
5.31shall not exceed four in any calendar year.
5.32 Subd. 2. Determination. Final determination to use a construction manager/general
5.33contractor contracting procedure may be made only by the commissioner.
5.34 Subd. 3. Cancellation. The solicitation of construction manager/general contractor
5.35requests for qualifications or proposals does not obligate the commissioner to enter into a
6.1construction manager/general contractor contract. The commissioner may accept or reject
6.2any or all responses received as a result of the request. The solicitation of proposals may
6.3be canceled at any time at the commissioner's sole discretion if cancellation is considered
6.4to be in the state's best interest. If the commissioner rejects all responses or cancels the
6.5solicitation for proposals, the commissioner may resolicit a request for proposals using the
6.6same or different requirements.
6.7 Subd. 4. Reporting. The commissioner shall notify the chairs and ranking minority
6.8members of the senate and house of representatives committees with jurisdiction over
6.9transportation policy and transportation finance each time the commissioner decides to
6.10use the construction manager/general contractor method of procurement and explain why
6.11that method was chosen.
6.12EFFECTIVE DATE.This section is effective the day following final enactment
6.13and expires one year following the acceptance of ten construction manager/general
6.14contractor contracts.
6.15 Sec. 4. [161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
6.16PROCEDURES.
6.17 Subdivision 1. Solicitation of proposals. If the commissioner determines that
6.18a construction manager/general contractor method of procurement is appropriate for
6.19a project, the commissioner shall establish a two-phase procedure for awarding the
6.20construction manager/general contractor contract, as described in subdivisions 2 and 3.
6.21 Subd. 2. Phase 1 - request for proposals. (a) The commissioner shall prepare
6.22or have prepared an RFP for each construction manager/general contractor contract as
6.23provided in this section. The RFP must contain, at a minimum, the following elements:
6.24(1) the minimum qualifications of the construction manager/general contractor;
6.25(2) the procedures for submitting proposals and the criteria for evaluation of
6.26qualifications and the relative weight for each criteria;
6.27(3) the form of the contract to be awarded;
6.28(4) the scope of intended construction work;
6.29(5) a listing of the types of preconstruction services that will be required;
6.30(6) an anticipated schedule for commencing and completing the project;
6.31(7) any applicable budget limits for the project;
6.32(8) the requirements for insurance, statutorily required performance, and payment
6.33bonds;
6.34(9) the requirements that the construction manager/general contractor provide a
6.35letter from a surety or insurance company stating that the construction manager/general
7.1contractor is capable of obtaining a performance bond and payment bond covering the
7.2estimated contract cost;
7.3(10) the method for how construction manager/general contractor fees for the
7.4preconstruction services contract will be negotiated;
7.5(11) a statement that past performance or experience does not include the exercise
7.6or assertion of a person's legal rights; and
7.7(12) any other information desired by the commissioner.
7.8(b) Before receiving any responses to the RFP:
7.9(1) the commissioner shall appoint a technical review committee of at least five
7.10individuals, of which one is a Department of Transportation manager who is also a
7.11licensed professional engineer in Minnesota;
7.12(2) the technical review committee shall evaluate the construction manager/general
7.13contractor proposals according to criteria and subcriteria published in the RFP and
7.14procedures established by the commissioner. The commissioner shall, as designated in
7.15the RFP, evaluate construction manager/general contractor proposals on the basis of best
7.16value as defined in section 16C.05, or using the qualifications-based selection process set
7.17forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If
7.18the commissioner does not receive at least two proposals from construction managers,
7.19the commissioner may:
7.20(i) solicit new proposals;
7.21(ii) revise the RFP and thereafter solicit new proposals using the revised RFP;
7.22(iii) select another allowed procurement method; or
7.23(iv) reject the proposals; and
7.24(3) the technical review committee shall evaluate the responses to the request for
7.25proposals and rank the construction manager/general contractor based on the predefined
7.26criteria set forth in the RFP in accordance with paragraph (a), clause (2).
7.27(c) Unless all proposals are rejected, the commissioner shall conduct contract
7.28negotiations for a preconstruction services contract with the construction manager/general
7.29contractor with the highest ranking. If the construction manager/general contractor with
7.30the highest ranking declines or is unable to reach an agreement, the commissioner may
7.31begin contract negotiations with the next highest ranked construction manager/general
7.32contractor.
7.33(d) Before issuing the RFP, the commissioner may elect to issue a request for
7.34qualifications (RFQ) and short-list the most highly qualified construction managers/general
7.35contractors. The RFQ must include the procedures for submitting statements of
7.36qualification, the criteria for evaluation of qualifications, and the relative weight for each
8.1criterion. The statements of qualifications must be evaluated by the technical review
8.2committee.
8.3 Subd. 3. Phase 2 - construction manager/general contractor contract. (a) Before
8.4conducting any construction-related services, the commissioner shall:
8.5(1) conduct an independent cost estimate for the project or each work package; and
8.6(2) conduct contract negotiations with the construction manager/general contractor
8.7to develop a construction manager/general contractor contract. This contract must include
8.8a minimum construction manager/general contractor self-performing requirement of 30
8.9percent of the negotiated cost. Items designated in the construction manager/general
8.10contractor contract as specialty items may be subcontracted and the cost of any specialty
8.11item performed under the subcontract will be deducted from the cost before computing the
8.12amount of work required to be performed by the contractor.
8.13(b) If the construction manager/general contractor and the commissioner are unable
8.14to negotiate a contract, the commissioner may use other contract procurement processes or
8.15may readvertise the construction manager/general contractor contract. The construction
8.16manager/general contractor may (1) bid or propose on the project if advertised under
8.17section 161.32 or 161.3206 or (2) join a design-build team if advertised under sections
8.18161.3410 to 161.3428.
8.19(c) The commissioner shall provide to all bidders or design-build teams, all data
8.20shared between the commissioner and the construction manager/general contractor during
8.21the contract negotiations under this subdivision.
8.22EFFECTIVE DATE.This section is effective the day following final enactment
8.23and expires one year following the acceptance of ten construction manager/general
8.24contractor contracts.
8.25 Sec. 5. Minnesota Statutes 2010, section 161.3212, is amended to read:
8.26161.3212 WORKING CAPITAL FUND.
8.27The commissioner, to the extent allowed by other law or contract, may grant
8.28available money that has been appropriated for socially or economically disadvantaged
8.29business programs to a guaranty fund administered by a nonprofit organization that makes
8.30or guarantees working capital loans to
8.31operated by socially
8.32"Small business concern" and "socially and economically disadvantaged individual" have
8.33the meanings given them in Code of Federal Regulations, title 49, section
8.34purpose of loans made or guaranteed by the organization must be to provide short-term
9.1working capital to enable eligible businesses to be awarded contracts for goods and
9.2services or for construction-related services from government agencies.
9.3Money contributed from a constitutionally or statutorily dedicated fund must be used
9.4only for purposes consistent with the purposes of the dedicated fund.
9.5 Sec. 6. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
9.6 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
9.7by the commissioner acting with the advice of a committee selected by the several county
9.8boards acting through the officers of the statewide association of county commissioners.
9.9The committee shall be composed of nine members so selected that each member shall
9.10be from a different state highway construction district. Not more than five of the nine
9.11members of the committee shall be county commissioners. The remaining members shall
9.12be county highway engineers. In the event that agreement cannot be reached on any rule,
9.13the commissioner's determination shall be final. The rules shall be printed and copies
9.14forwarded to the county engineers of the several counties.
9.15
9.16(b) Notwithstanding section
9.17 Sec. 7. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
9.18 Subd. 3. Rules have force of law. The rules
9.19
9.20 Sec. 8. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
9.21 Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated
9.22by the commissioner acting with the advice of a committee selected by the governing
9.23bodies of such cities, acting through the officers of the statewide association of municipal
9.24officials. The committee shall be composed of 12 members, so selected that there shall be
9.25one member from each state highway construction district and in addition one member
9.26from each city of the first class. Not more than six members of the committee shall be
9.27elected officials of the cities. The remaining members of the committee shall be city
9.28engineers. In the event that agreement cannot be reached on any rule the commissioner's
9.29determination shall be final. The rules shall be printed and copies forwarded to the clerks
9.30and engineers of the cities.
9.31
9.32(b) Notwithstanding section
10.1 Sec. 9. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
10.2 Subd. 3. Rules have force of law. The rules
10.3
10.4 Sec. 10. Minnesota Statutes 2010, section 162.09, subdivision 4, is amended to read:
10.5 Subd. 4. Federal census is conclusive. (a) In determining whether any city has
10.6a population of 5,000 or more, the last federal census shall be conclusive, except as
10.7otherwise provided in this subdivision.
10.8(b) The governing body of a city may contract with the United States Bureau of the
10.9Census to take a special census. A certified copy of the results of the census shall be filed
10.10with the appropriate state authorities by the city. The result of the census shall be the
10.11population of the city for the purposes of any law providing that population is a required
10.12qualification for distribution of highway aids under chapter 162. The special census shall
10.13remain in effect until the next federal census is completed and filed. The expense of taking
10.14the special census shall be paid by the city.
10.15(c) If an entire area not heretofore incorporated as a city is incorporated as such
10.16during the interval between federal censuses, its population shall be determined by its
10.17incorporation census. The incorporation census shall be determinative of the population of
10.18the city only until the next federal census.
10.19(d) The population of a city created by the consolidation of two or more previously
10.20incorporated cities shall be determined by the most recent population estimate of the
10.21Metropolitan Council or state demographer, until the first federal decennial census or
10.22special census taken after the consolidation.
10.23(e) The population of a city that is not receiving a municipal state-aid street fund
10.24apportionment shall be determined, upon request of the city, by the most recent population
10.25estimate of the Metropolitan Council or state demographer. A municipal state-aid street
10.26fund apportionment received by the city must be based on this population estimate until
10.27the next federal decennial census or special census.
10.28(f) A city that is found in the most recent federal decennial census to have a
10.29population of less than 5,000 is deemed for the purposes of this chapter and the Minnesota
10.30Constitution, article XIV, to have a population of 5,000 or more under the following
10.31circumstances: (1) immediately before the most recent federal decennial census, the city
10.32was receiving municipal state-aid street fund distributions; and (2) the population of
10.33the city was found in the most recent federal decennial census to be less than 5,000.
10.34Following the end of the first calendar year that ends in "5" after the decennial census and
11.1until the next decennial census, the population of any city must be determined under
11.2paragraphs (a) to (e).
11.3EFFECTIVE DATE.This section is effective July 1, 2012.
11.4 Sec. 11. Minnesota Statutes 2010, section 162.13, subdivision 1, is amended to read:
11.5 Subdivision 1. Factors in formula. After deducting for administrative costs and
11.6for the disaster fund and research account as heretofore provided, and for any allocation
11.7made under section
11.8of section
11.9by the commissioner to the cities having a population of 5,000 or more, in accordance
11.10with the following formula:
11.11(1) An amount equal to 50 percent of such apportionment sum shall be apportioned
11.12among the cities having a population of 5,000 or more so that each such city shall receive
11.13of such amount the percentage that its money needs bears to the total money needs of
11.14all such cities.
11.15(2) An amount equal to 50 percent of such apportionment sum shall be apportioned
11.16among the cities having a population of 5,000 or more so that each such city shall receive
11.17of such amount the percentage that its population bears to the total population of all such
11.18cities. For purposes of this subdivision, the population of a city is the greater of 5,000
11.19or the number calculated under section 162.09, subdivision 4, paragraph (a), (b), (c),
11.20(d), or (e).
11.21EFFECTIVE DATE.This section is effective July 1, 2012.
11.22 Sec. 12. Minnesota Statutes 2010, section 162.155, is amended to read:
11.23162.155
11.24(a) The commissioner shall adopt rules
11.25
11.26commissioner in evaluating requests for variances under sections
11.27and
11.28engineering and safety guidelines.
11.29(b) The commissioner shall adopt rules establishing the engineering standards
11.30
11.31
11.32
12.1(c) The rules adopted by the commissioner under this section, and sections
12.2162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the
12.3rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that,
12.4notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or
12.5superseded by other law or rule.
12.6 Sec. 13. Minnesota Statutes 2010, section 165.01, is amended to read:
12.7165.01 DEFINITIONS.
12.8 Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
12.9section and section
12.10 Subd. 2. AASHTO manual.
12.11
12.12
12.13Association of State Highway and Transportation Officials, is incorporated by reference.
12.14 Subd. 3. Bridge. "Bridge" is defined as a structure, including supports erected over
12.15a depression or an obstruction, such as water, a highway, or a railway, having a track or
12.16passageway for carrying traffic or other moving loads, and having an opening measured
12.17horizontally along the center of the roadway of ten feet or more between undercopings of
12.18abutments, between the spring line of arches, or between the extreme ends of openings
12.19for multiple boxes. Bridge also includes multiple pipes where the clear distance between
12.20openings is less than one-half of the smaller contiguous opening. This definition of a
12.21bridge includes only those railroad and pedestrian bridges over a public highway or street.
12.22 Subd. 4. National Bridge Inspection Standards (NBIS). "NBIS" means standards
12.23established by the Federal Highway Administration in Code of Federal Regulations, title
12.2423, part 650, subpart C, incorporated by reference.
12.25 Sec. 14. Minnesota Statutes 2010, section 165.03, is amended to read:
12.26165.03 STRENGTH OF BRIDGE; INSPECTION.
12.27 Subdivision 1. Standards generally. Each bridge, including a privately owned
12.28bridge, must conform to the strength, width, clearance, and safety standards imposed
12.29by the commissioner for the connecting highway or street. This subdivision applies to
12.30a bridge that is constructed after August 1, 1989, on any public highway or street. The
12.31bridge must have sufficient strength to support with safety the maximum vehicle weights
12.32allowed under sections
12.33in section
13.1 Subd. 1a. Inspection. (a) Each bridge must be inspected annually, unless a longer
13.2interval not to exceed
13.3classified as culverts is authorized by the commissioner. The commissioner's authorization
13.4must be based on factors including, but not limited to, the age and condition of the
13.5bridge, the rate of deterioration of the bridge, the type of structure, the susceptibility of
13.6the bridge to failure, and the characteristics of traffic on the bridge. The commissioner
13.7may require interim inspections at intervals of less than one year on bridges that are
13.8posted, bridges subjected to extreme scour conditions, bridges subject to significant
13.9substructure movement or settlement, and for other reasons as specified or inferred in the
13.10AASHTO manual.
13.11(b) Additional requirements apply to structures meeting the NBIS definition of
13.12a bridge:
13.13(1) Underwater structural elements must be inspected at regular intervals not to
13.14exceed 60 months. The commissioner may require inspections at intervals of less than
13.1560 months on certain underwater structural elements based on factors including, but not
13.16limited to, construction material, environment, age, scour characteristics, the condition
13.17ratings from past inspections, and any known deficiencies.
13.18(2) Fracture critical members, or FCMs, must receive a hands-on fracture critical
13.19inspection at intervals not to exceed 24 months. The commissioner may require
13.20inspections at intervals of less than 24 months on certain FCMs based on factors including,
13.21but not limited to, age, traffic characteristics, and any known deficiencies.
13.22(3) The commissioner may establish criteria to determine the level and frequency of
13.23these inspections. If warranted by special circumstances, the commissioner retains the
13.24authority to determine the inspection type and required inspection frequency for any
13.25bridge on the state inventory.
13.26
13.27characteristics, state of maintenance, and known deficiencies. The evaluation of these
13.28factors is the responsibility of the engineer assigned the responsibility for inspection as
13.29defined by
13.30 Subd. 2. Inspection and inventory responsibilities; rules; forms. (a) The
13.31commissioner of transportation will adopt the National Bridge Inspection Standards
13.32(NBIS) established by the Federal Highway Administration in Code of Federal
13.33Regulations, title 23, part 650, subpart C, or its successor documents, for structures
13.34meeting the NBIS definition of a bridge. The commissioner shall establish inspection and
13.35inventory standards for structures defined as bridges by section 165.01, subdivision 3.
14.1
14.2inspection report forms for use in making bridge inspections by the owners or highway
14.3authorities specified by this subdivision. Inspections must be made at regular intervals,
14.4not to exceed
14.5outlined in subdivision 1a, by the following owner or official:
14.6 (1) the commissioner of transportation for all bridges located wholly or partially
14.7within or over the right-of-way of a state trunk highway;
14.8 (2) the county highway engineer for all bridges located wholly or partially within or
14.9over the right-of-way of any county or town road, or any street within a municipality that
14.10does not have a city engineer regularly employed;
14.11 (3) the city engineer for all bridges located wholly or partially within or over the
14.12right-of-way of any street located within or along municipal limits;
14.13 (4) the commissioner of transportation in case of a toll bridge that is used by the
14.14general public and that is not inspected and certified under subdivision 6; provided, that
14.15the commissioner of transportation may assess the owner for the costs of the inspection;
14.16 (5) the owner of a bridge over a public highway or street or that carries a roadway
14.17designated for public use by a public authority, if not required to be inventoried and
14.18inspected under clause (1), (2), (3), or (4).
14.19
14.20
14.21administer the bridge inspection program in Minnesota and has the authority to establish
14.22and publish standards that describe the inspection and inventory requirements to ensure
14.23compliance with paragraph (a). The owner or highway authority shall inspect and
14.24inventory in accordance with these standards and furnish the commissioner with such data
14.25as may be necessary to maintain a central inventory.
14.26 Subd. 3. County inventory and inspection records and reports. The county
14.27engineer shall maintain a complete inventory record of all bridges as set forth in
14.28subdivision 2, paragraph
14.29certify annually to the commissioner, as prescribed by the commissioner, that inspections
14.30have been made at regular intervals, not to exceed
14.31
14.32inspections must be filed annually, on or before February 15 of each year, with the county
14.33auditor or town clerk, or the governing body of the municipality. The report must contain
14.34recommendations for the correction of or legal posting of load limits on any bridge or
14.35structure that is found to be understrength or unsafe.
15.1 Subd. 4. Municipal inventory and inspection records and reports. The
15.2city engineer shall maintain a complete inventory record of all bridges as set forth in
15.3subdivision 2, paragraph
15.4certify annually to the commissioner, as prescribed by the commissioner, that inspections
15.5have been made at regular intervals, not to exceed
15.6
15.7must be filed annually, on or before February 15 of each year, with the governing body of
15.8the municipality. The report must contain recommendations for the correction of or legal
15.9posting of load limits on any bridge or structure that is found to be understrength or unsafe.
15.10 Subd. 5. Agreement. Agreements may be made among the various units of
15.11governments, or between governmental units and qualified engineering personnel to
15.12carry out the responsibilities for the bridge inspections and reports, as established by
15.13subdivision 2.
15.14 Subd. 6. Other bridges. The owner of a toll bridge and the owner of a bridge
15.15described in subdivision 2, paragraph
15.16as prescribed by the commissioner, that inspections of the bridge or culvert have been
15.17made at regular intervals, not to exceed
15.18
15.19by a report of the inspection. The report must contain recommendations for the correction
15.20of or legal posting of load limitations if the bridge is found to be understrength or unsafe.
15.21 Subd. 6a. Bridge load rating and posting. (a) The term "posting" means the
15.22placement of regulatory signs at a bridge indicating the safe load carrying capacity of
15.23the bridge.
15.24(b) Each structure required to be inspected under subdivision 2, paragraph (a), must
15.25be load rated to determine its safe load carrying capacity, and this rating must be reported
15.26on a structure inventory sheet form provided by the commissioner of transportation. A
15.27structure must be rerated when it is determined that a significant change has occurred in
15.28the condition of the structure or due to additional dead load placed on the structure since
15.29the last load rating. Load ratings must be reviewed and the structure rerated if necessary
15.30when the allowable legal load using the structure is increased. Changes in the load rating
15.31of a bridge must be indicated on the structure inventory sheet form.
15.32(c) If it is determined that the maximum legal load under state law exceeds the load
15.33permitted on the structure under the operating rating stress level assigned, the bridge must
15.34be posted. Posting signs adopted by the commissioner shall be used for the posting. The
15.35owner or highway authority shall post the bridge in accordance with the posted load
15.36assigned by the commissioner.
16.1 Subd. 7. Department of Natural Resources bridge. (a) Notwithstanding
16.2subdivision 2, the commissioners of transportation and natural resources shall negotiate a
16.3memorandum of understanding that governs the inspection of bridges owned, operated,
16.4or maintained by the commissioner of natural resources.
16.5 (b) The memorandum of understanding must provide for:
16.6 (1) the inspection and inventory of bridges subject to federal law or regulations;
16.7 (2) the frequency of inspection of bridges described in
16.81a; and
16.9 (3) who may perform inspections required under the memorandum of understanding.
16.10 Subd. 8. Biennial report on bridge inspection quality assurance. By February
16.111 of each odd-numbered year, the commissioner shall submit a report electronically to
16.12the members of the senate and house of representatives committees with jurisdiction over
16.13transportation policy and finance concerning quality assurance for bridge inspections.
16.14At a minimum, the report must:
16.15(1) summarize the bridge inspection quality assurance and quality control procedures
16.16used in Minnesota;
16.17(2) identify any substantive changes to quality assurance and quality control
16.18procedures made in the previous two years;
16.19(3) summarize and provide a briefing on findings from bridge inspection quality
16.20reviews performed in the previous two years;
16.21(4) identify actions taken and planned in response to findings from bridge inspection
16.22quality reviews performed in the previous two years;
16.23(5) summarize the results of any bridge inspection compliance review by the Federal
16.24Highway Administration; and
16.25(6) identify actions in response to the Federal Highway Administration compliance
16.26review taken by the department in order to reach full compliance.
16.27 Sec. 15. Minnesota Statutes 2010, section 168.002, subdivision 19, is amended to read:
16.28 Subd. 19. Motorcycle. "Motorcycle"
16.29
16.30
16.31
16.32has the meaning given in section 169.011, subdivision 44.
16.33 Sec. 16. Minnesota Statutes 2010, section 168.002, subdivision 20, is amended to read:
17.1 Subd. 20. Motorized bicycle. "Motorized bicycle"
17.2
17.3
17.4
17.5
17.6
17.7meaning given in section 169.011, subdivision 45.
17.8 Sec. 17. Minnesota Statutes 2010, section 168.012, is amended by adding a subdivision
17.9to read:
17.10 Subd. 2d. Electric-assisted bicycles. Electric-assisted bicycles must not be taxed as
17.11motor vehicles using the public streets and highways, and are exempt from the provisions
17.12of this chapter.
17.13 Sec. 18. Minnesota Statutes 2010, section 168.013, is amended by adding a subdivision
17.14to read:
17.15 Subd. 22. Optional donation for education on anatomical gifts. As part of
17.16procedures for payment of the vehicle registration tax under this section, the commissioner
17.17shall allow a vehicle owner to add to the tax a $2 donation for the purposes of public
17.18information and education on anatomical gifts under section 171.075, for in-person
17.19transactions conducted by a deputy registrar appointed under section 168.33, subdivision
17.202. This subdivision applies to annual renewal registrations only, and does not apply to
17.21registrations authorized under sections 168.053 to 168.057, 168.127, 168.187, and 168.27.
17.22EFFECTIVE DATE.This section is effective January 1, 2013.
17.23 Sec. 19. Minnesota Statutes 2011 Supplement, section 168.12, subdivision 5, is
17.24amended to read:
17.25 Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax
17.26otherwise imposed upon any vehicle, the payment of which is required as a condition to
17.27the issuance of any plate or plates, the commissioner shall impose the fee specified in
17.28paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
17.29or plates, except for plates issued to disabled veterans as defined in section
17.30plates issued pursuant to section
17.31for passenger automobiles. The commissioner shall issue graphic design plates only
17.32for vehicles registered pursuant to section
17.33pursuant to section
18.1 (b) Unless otherwise specified or exempted by statute, the following plate and
18.2validation sticker fees apply for the original, duplicate, or replacement issuance of a
18.3plate in a plate year:
18.15 (c) For vehicles that require two of the categories above, the registrar shall only
18.16charge the higher of the two fees and not a combined total.
18.17
18.18
18.19
18.20EFFECTIVE DATE.This section is effective the day following final enactment.
18.21 Sec. 20. Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1, is
18.22amended to read:
18.23 Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for
18.24each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
18.25the registration tax required by law, and compliance with other applicable laws relating to
18.26vehicle registration and licensing, as applicable, the commissioner shall issue:
18.27(1) special veteran's plates to an applicant who served in the active military service
18.28in a branch of the armed forces of the United States or of a nation or society allied with the
18.29United States in conducting a foreign war, was discharged under honorable conditions, and
18.30is a registered owner of a passenger automobile as defined in section
18.3124, recreational motor vehicle as defined in section
18.32pickup truck as defined in section
18.33motor vehicle as defined in section
18.34(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
18.35(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
18.36who is a registered owner of a motorcycle as defined in section
19.1and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (f), (h),
19.2(i), or (j). Plates issued under this clause must be the same size as regular motorcycle
19.3plates. Special motorcycle license plates issued under this clause are not subject to
19.4section
19.5(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
19.6only when the plates are issued, and is not payable in a year in which stickers are issued
19.7instead of plates.
19.8(c) The veteran must have a certified copy of the veteran's discharge papers,
19.9indicating character of discharge, at the time of application. If an applicant served in the
19.10active military service in a branch of the armed forces of a nation or society allied with the
19.11United States in conducting a foreign war and is unable to obtain a record of that service
19.12and discharge status, the commissioner of veterans affairs may certify the applicant as
19.13qualified for the veterans' plates provided under this section.
19.14
19.15
19.16
19.17
19.18EFFECTIVE DATE.This section is effective the day following final enactment.
19.19 Sec. 21. Minnesota Statutes 2010, section 168A.03, subdivision 1, is amended to read:
19.20 Subdivision 1. No certificate issued. The registrar shall not issue a certificate of
19.21title for:
19.22 (1) a vehicle owned by the United States;
19.23 (2) a vehicle owned by a nonresident and not required by law to be registered in
19.24this state;
19.25 (3) a vehicle owned by a nonresident and regularly engaged in the interstate
19.26transportation of persons or property for which a currently effective certificate of title
19.27has been issued in another state;
19.28 (4) a vehicle moved solely by animal power;
19.29 (5) an implement of husbandry;
19.30 (6) special mobile equipment;
19.31 (7) a self-propelled wheelchair or invalid tricycle;
19.32 (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
19.33holds an interest in the trailer or a certificate of title was previously issued by this state or
19.34any other state or (ii) designed primarily for agricultural purposes except a recreational
20.1vehicle or a manufactured home, both as defined in section
20.2and 27
20.3 (9) a snowmobile;
20.4 (10) a spotter truck, as defined in section
20.5(11) an electric-assisted bicycle, as defined in section 169.011, subdivision 27.
20.6 Sec. 22. Minnesota Statutes 2010, section 168A.07, subdivision 1, is amended to read:
20.7 Subdivision 1. Ownership at issue; certificate withheld or bond filed. In the event
20.8application is made in this state for a certificate of title on a vehicle and the department is
20.9not satisfied as to the ownership of the vehicle or the existence of security interests therein,
20.10the vehicle may be registered but the department, subject to subdivision 1a, shall either:
20.11(1) withhold issuance of a certificate of title until the applicant shall present
20.12documents reasonably sufficient to satisfy the department of the applicant's ownership of
20.13the vehicle and as to any security interest therein; or
20.14(2) as a condition to issuing a certificate of title, require the applicant to file a bond
20.15in the form and amount provided in subdivision 1b.
20.16 Subd. 1a. Ownership at issue; requirements for certificate issuance. (a) In the
20.17event application is made in this state for a certificate of title on a vehicle with a model
20.18year designated by the manufacturer of more than five years prior to the year in which
20.19application is made, and the applicant is unable to establish sole ownership of the vehicle
20.20because one or more owners, prior owners, or lienholders cannot be found, the department
20.21shall issue a certificate of title to the applicant if the applicant submits:
20.22(1) the application;
20.23(2) a bond in the form and amount provided in subdivision 1b;
20.24(3) an affidavit that identifies the make, model year, and vehicle identification
20.25number of the vehicle, and includes a statement that:
20.26(i) the applicant is an owner of the vehicle;
20.27(ii) the applicant has physical possession of the vehicle; and
20.28(iii) in attempting to transfer interest in the vehicle or obtain a certificate of title or
20.29lien release, the applicant was unable after using due diligence to (A) determine the names
20.30or locations of one or more owners, prior owners, or lienholders; or (B) successfully
20.31contact one or more owners, prior owners, or lienholders known to the applicant; and
20.32(4) payment for required taxes and fees.
20.33(b) Unless the department has been notified of the pendency of an action to recover
20.34the bond under paragraph (a), clause (2), the department shall allow it to expire at the
20.35end of three years.
21.1 Subd. 1b. Bond requirements. A bond filed under this section must be in the form
21.2prescribed by the department and executed by the applicant, and either accompanied by the
21.3deposit of cash or executed by a surety company authorized to do business in this state, in
21.4an amount equal to 1-1/2 times the value of the vehicle as determined by the department.
21.5The bond shall be conditioned to indemnify any prior owner and secured party and any
21.6subsequent purchaser of the vehicle or person acquiring any security interest therein, or the
21.7successor in interest of any said person, against any expense, loss, or damage, including
21.8reasonable attorneys' fees, by reason of the issuance of the certificate of title to the vehicle
21.9or on account of any defect in or undisclosed security interest upon the right, title and
21.10interest of the applicant in and to the vehicle. Any such interested person shall have a right
21.11of action to recover on such bond for any breach of its conditions, but the aggregate
21.12liability of the surety to all such persons shall in no event exceed the amount of the bond.
21.13Unless the department has been notified of the pendency of an action to recover on the
21.14bond and if all questions as to ownership and outstanding security interests have been
21.15resolved to the satisfaction of the department, such bond, and any deposit accompanying
21.16it, shall be returned at the end of three years or prior thereto in the event the vehicle is no
21.17longer registered in this state and the currently valid certificate of title is surrendered.
21.18 Sec. 23. Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read:
21.19 Subd. 4. Bicycle. (a) "Bicycle" means every device capable of being propelled
21.20solely by human power upon which any person may ride, having two tandem wheels
21.21
21.22as a bicycle though equipped with two front or rear wheels. Bicycle includes an
21.23electric-assisted bicycle, as defined in subdivision 27.
21.24(b) "Bicycle" does not include scooters, motorized foot scooters, or similar devices.
21.25 Sec. 24. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
21.26 Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means a
21.27
21.28(1) has a saddle and fully operable pedals for human propulsion;
21.29(2) meets the requirements:
21.30(i) of federal motor vehicle safety standards for a motor-driven cycle in Code of
21.31Federal Regulations, title 49, sections
21.32(ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor
21.33requirements; and
22.1(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
22.2is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
22.3incapable of further increasing the speed of the device when human power alone is used
22.4to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
22.5ceases to function when the vehicle's brakes are applied.
22.6 Sec. 25. Minnesota Statutes 2010, section 169.011, subdivision 44, is amended to read:
22.7 Subd. 44. Motorcycle. "Motorcycle" means every motor vehicle having a seat or
22.8saddle for the use of the rider and designed to travel on not more than three wheels in
22.9contact with the ground, including motor scooters
22.10
22.11as defined in subdivision 45,
22.12subdivision 27, or (3) a tractor.
22.13 Sec. 26. Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read:
22.14 Subd. 45. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled
22.15by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
22.16centimeters or less, and a maximum of two brake horsepower, which is capable of a
22.17maximum speed of not more than 30 miles per hour on a flat surface with not more than
22.18one percent grade in any direction when the motor is engaged.
22.19
22.20 Sec. 27. Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:
22.21 Subd. 4. Obedience to traffic-control signal or flagger; presumptions. (a) The
22.22driver of any vehicle shall obey the instructions of any official traffic-control device
22.23applicable thereto placed in accordance with the provisions of this chapter, unless
22.24otherwise directed by a police officer or by a
22.25flagger authorized under this subdivision, subject to the exceptions granted the driver of
22.26an authorized emergency vehicle in this chapter.
22.27(b) No provision of this chapter for which official traffic-control devices are required
22.28shall be enforced against an alleged violator if at the time and place of the alleged
22.29violation an official device is not in proper position and sufficiently legible to be seen by
22.30an ordinarily observant person. Whenever a particular section does not state that official
22.31traffic-control devices are required, such section shall be effective even though no devices
22.32are erected or in place.
23.1(c) Whenever official traffic-control devices are placed in position approximately
23.2conforming to the requirements of this chapter, such devices shall be presumed to have
23.3been so placed by the official act or direction of lawful authority, unless the contrary
23.4shall be established by competent evidence.
23.5(d) Any official traffic-control device placed pursuant to the provisions of this
23.6chapter and purporting to conform to the lawful requirements pertaining to such devices
23.7shall be presumed to comply with the requirements of this chapter, unless the contrary
23.8shall be established by competent evidence.
23.9(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
23.10until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
23.11been stopped by a flagger in a designated work zone may proceed after stopping only on
23.12instruction by the flagger.
23.13(f) An overdimensional load escort driver with a certificate issued under section
23.15vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
23.16operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
23.17proceed only on instruction by the flagger or a police officer.
23.18(g) A person may stop and hold vehicles in place until it is safe for the vehicles to
23.19proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
23.20171.60; (2) meets the safety and equipment standards for operating under the certificate;
23.21(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
23.22or home rule charter city through which the motorcycle group is proceeding; and (5)
23.23has obtained consent from the chief of police, or the chief's designee, of any city of the
23.24first class through which the group is proceeding. A flagger operating as provided under
23.25this paragraph may direct operators of motorcycles within a motorcycle group ride or
23.26other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
23.27including stop signs or traffic-control signals. A person operating a vehicle that has been
23.28stopped by a flagger under this paragraph may proceed only on instruction by the flagger
23.29or a police officer.
23.30EFFECTIVE DATE.This section is effective one year after publication in the State
23.31Register of rules adopted under section 171.60, subdivision 5.
23.32 Sec. 28. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
23.33 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
23.34reports and supplemental information required under this section must be for the use of the
24.1commissioner of public safety and other appropriate state, federal, county, and municipal
24.2governmental agencies for accident analysis purposes, except:
24.3(1) the commissioner of public safety or any law enforcement agency shall, upon
24.4written request of any individual involved in an accident or upon written request of the
24.5representative of the individual's estate, surviving spouse, or one or more surviving next
24.6of kin, or a trustee appointed under section
24.7property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
24.8disclose to the requester, the requester's legal counsel, or a representative of the requester's
24.9insurer the report required under subdivision 8;
24.10(2) the commissioner of public safety shall, upon written request, provide the driver
24.11filing a report under subdivision 7 with a copy of the report filed by the driver;
24.12(3) the commissioner of public safety may verify with insurance companies vehicle
24.13insurance information to enforce sections
24.15(4) the commissioner of public safety shall provide the commissioner of
24.16transportation the information obtained for each traffic accident involving a commercial
24.17motor vehicle, for purposes of administering commercial vehicle safety regulations;
24.18(5) upon specific request, the commissioner of public safety shall provide the
24.19commissioner of transportation the information obtained regarding each traffic accident
24.20involving damage to identified state-owned infrastructure, for purposes of debt collection
24.21under section 161.20, subdivision 4; and
24.22
24.23of Transportation commercial vehicle accident information in connection with federal
24.24grant programs relating to safety.
24.25(b) Accident reports and data contained in the reports are not discoverable under any
24.26provision of law or rule of court. No report shall be used as evidence in any trial, civil or
24.27criminal, or any action for damages or criminal proceedings arising out of an accident.
24.28However, the commissioner of public safety shall furnish, upon the demand of any person
24.29who has or claims to have made a report or upon demand of any court, a certificate
24.30showing that a specified accident report has or has not been made to the commissioner
24.31solely to prove compliance or failure to comply with the requirements that the report be
24.32made to the commissioner.
24.33(c) Nothing in this subdivision prevents any individual who has made a report under
24.34this section from providing information to any individuals involved in an accident or their
24.35representatives or from testifying in any trial, civil or criminal, arising out of an accident,
24.36as to facts within the individual's knowledge. It is intended by this subdivision to render
25.1privileged the reports required, but it is not intended to prohibit proof of the facts to
25.2which the reports relate.
25.3(d) Disclosing any information contained in any accident report, except as provided
25.4in this subdivision, section
25.5(e) The commissioner of public safety shall charge authorized persons as described
25.6in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
25.7collected under this paragraph must be deposited in the special revenue fund and credited
25.8to the driver services operating account established in section
25.9must be deposited in the general fund. The commissioner may also furnish an electronic
25.10copy of the database of accident records, which must not contain personal or private data
25.11on an individual, to private agencies as provided in paragraph (g), for not less than the cost
25.12of preparing the copies on a bulk basis as provided in section
25.13(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
25.14enforcement agencies shall charge commercial users who request access to response or
25.15incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
25.16user" is a user who in one location requests access to data in more than five accident
25.17reports per month, unless the user establishes that access is not for a commercial purpose.
25.18Of the money collected by the commissioner under this paragraph, 90 percent must be
25.19deposited in the special revenue fund and credited to the driver services operating account
25.20established in section
25.21(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
25.22provide an electronic copy of the accident records database to the public on a case-by-case
25.23basis using the cost-recovery charges provided for under section
25.243
25.25However, unless the accident records database includes the vehicle identification number,
25.26the commissioner shall include the vehicle registration plate number if a private agency
25.27certifies and agrees that the agency:
25.28(1) is in the business of collecting accident and damage information on vehicles;
25.29(2) will use the vehicle registration plate number only for identifying vehicles that
25.30have been involved in accidents or damaged, to provide this information to persons
25.31seeking access to a vehicle's history and not for identifying individuals or for any other
25.32purpose; and
25.33(3) will be subject to the penalties and remedies under sections
25.34 Sec. 29. Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read:
26.1 Subd. 6. Bicycle equipment. (a) No person shall operate a bicycle at nighttime
26.2unless the bicycle or its operator is equipped with (1) a lamp which
26.3a white light visible from a distance of at least 500 feet to the front; and
26.4reflector of a type approved by the Department of Public Safety which is visible from all
26.5distances from 100 feet to 600 feet to the rear when directly in front of lawful lower
26.6beams of headlamps on a motor vehicle.
26.7(b) No person may operate a bicycle at any time when there is not sufficient light to
26.8render persons and vehicles on the highway clearly discernible at a distance of 500 feet
26.9ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be
26.10visible during the hours of darkness from 600 feet when viewed in front of lawful lower
26.11beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective
26.12materials on each side of each pedal to indicate their presence from the front or the rear and
26.13with a minimum of 20 square inches of reflective material on each side of the bicycle or its
26.14operator. Any bicycle equipped with side reflectors as required by regulations for new
26.15bicycles prescribed by the United States Consumer Product Safety Commission shall be
26.16considered to meet the requirements for side reflectorization contained in this subdivision.
26.17(c) A bicycle may be equipped with a front lamp that emits a white flashing signal,
26.18or a rear lamp that emits a red flashing signal, or both.
26.19(d) A bicycle may be equipped with tires having studs, spikes, or other protuberances
26.20designed to increase traction.
26.21
26.22will enable the operator to make the braked wheels skid on dry, level, clean pavement.
26.23
26.24with handlebars so raised that the operator must elevate the hands above the level of the
26.25shoulders in order to grasp the normal steering grip area.
26.26
26.27as to prevent the operator from stopping the bicycle, supporting it with at least one foot
26.28on the highway surface and restarting in a safe manner.
26.29 Sec. 30. Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
26.30to read:
26.31 Subd. 6b. Operator age. No person under the age of 15 shall operate an
26.32electric-assisted bicycle.
26.33 Sec. 31. Minnesota Statutes 2010, section 169.222, subdivision 7, is amended to read:
27.1 Subd. 7. Sale with reflectors and other equipment. No person shall sell or offer for
27.2sale any new bicycle unless it is equipped with reflectors and other equipment as required
27.3by subdivision 6,
27.4for new bicycles prescribed by the United States Consumer Product Safety Commission.
27.5 Sec. 32. Minnesota Statutes 2010, section 169.223, subdivision 1, is amended to read:
27.6 Subdivision 1. Safety equipment; parking.
27.7
27.8except as otherwise provided in this section and except that:
27.9(1) protective headgear includes headgear that meets the
27.10
27.11
27.12title 16, part 1203, or successor requirements;
27.13(2) a motorized bicycle equipped with a headlight and taillight meeting the
27.14requirements of lighting for motorcycles may be operated during nighttime hours;
27.15(3)
27.1618 years of age or older; and
27.17(4) the provisions of section
27.18bicycles apply to motorized bicycles
27.19
27.20
27.21
27.22
27.23
27.24 Sec. 33. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
27.25 Subd. 5. Other operation requirements and prohibitions. (a) A person operating
27.26a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
27.27or edge of the roadway except in one of the following situations:
27.28(1) when overtaking and passing another vehicle proceeding in the same direction;
27.29(2) when preparing for a left turn at an intersection or into a private road or
27.30driveway; or
27.31(3) when reasonably necessary to avoid conditions, including fixed or moving
27.32objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
27.33it unsafe to continue along the right-hand curb or edge.
28.1(b) Persons operating motorized bicycles on a roadway may not ride more than two
28.2abreast and may not impede the normal and reasonable movement of traffic. On a laned
28.3roadway, a person operating a motorized bicycle shall ride within a single lane.
28.4(c) This section does not permit the operation of a motorized bicycle on a bicycle
28.5path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic.
28.6
28.7
28.8
28.9
28.10 Sec. 34. Minnesota Statutes 2010, section 169.72, subdivision 1, is amended to read:
28.11 Subdivision 1. Solid rubber, metal, and studded tires; exceptions; permits. (a)
28.12Every solid rubber tire on a vehicle
28.13least one inch thick above the edge of the flange of the entire periphery.
28.14(b) No person shall operate or move on any highway any motor vehicle, trailer, or
28.15semitrailer, having any metal tire in contact with the roadway, except in case of emergency.
28.16(c) Except as provided in this section, no tire on a vehicle moved on a highway shall
28.17have on its periphery any block, stud, flange, cleat, or spike or any other protuberances
28.18of any material other than rubber which projects beyond the tread of the traction surface
28.19of the tire.
28.20(d) It
28.21(1) implements of husbandry with tires having protuberances which will not injure
28.22the highway
28.23(2) tire chains of reasonable proportions upon any vehicle when required for safety
28.24because of snow, ice, or other conditions tending to cause a vehicle to skid; and
28.25(3) tires on a bicycle as provided in section 169.222, subdivision 6.
28.26
28.27in their discretion, issue special permits authorizing the operation upon a highway of
28.28traction engines or tractors having movable tracks with transverse corrugations upon the
28.29periphery of such movable tracks or farm tractors or other farm machinery, the operation
28.30of which upon a highway would otherwise be prohibited under this chapter.
28.31 Sec. 35. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
28.32amended to read:
28.33 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
28.34respect to highways under the commissioner's jurisdiction, may charge a fee for each
29.1permit issued. Unless otherwise specified, all such fees for permits issued by the
29.2commissioner of transportation shall be deposited in the state treasury and credited to
29.3the trunk highway fund. Except for those annual permits for which the permit fees are
29.4specified elsewhere in this chapter, the fees shall be:
29.5 (a) $15 for each single trip permit.
29.6 (b) $36 for each job permit. A job permit may be issued for like loads carried on
29.7a specific route for a period not to exceed two months. "Like loads" means loads of the
29.8same product, weight, and dimension.
29.9 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
29.10months. Annual permits may be issued for:
29.11 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
29.12or well-being of the public;
29.13 (2) motor vehicles which travel on interstate highways and carry loads authorized
29.14under subdivision 1a;
29.15 (3) motor vehicles operating with gross weights authorized under section
29.16subdivision 1a
29.17 (4) special pulpwood vehicles described in section
29.18 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
29.19 (6) noncommercial transportation of a boat by the owner or user of the boat;
29.20 (7) motor vehicles carrying bales of agricultural products authorized under section
29.22(8) special milk-hauling vehicles authorized under section
29.23 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
29.24consecutive months. Annual permits may be issued for:
29.25 (1) mobile cranes;
29.26 (2) construction equipment, machinery, and supplies;
29.27 (3) manufactured homes and manufactured storage buildings;
29.28 (4) implements of husbandry;
29.29 (5) double-deck buses;
29.30 (6) commercial boat hauling and transporting waterfront structures, including, but
29.31not limited to, portable boat docks and boat lifts;
29.32 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
29.33for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
29.34the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
29.35only while operating on twin-trailer routes designated under section
29.36paragraph (c); and
30.1(8) vehicles operating on that portion of marked Trunk Highway 36 described in
30.2section
30.3 (e) For vehicles which have axle weights exceeding the weight limitations of
30.4sections
30.5this paragraph applies to any vehicle described in section
30.6paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
30.7that paragraph, and then the additional cost is for all weight, including the allowance
30.8weight, in excess of the permitted maximum axle weight. The additional cost is equal
30.9to the product of the distance traveled times the sum of the overweight axle group cost
30.10factors shown in the following chart:
30.34The amounts added are rounded to the nearest cent for each axle or axle group. The
30.35additional cost does not apply to paragraph (c), clauses (1) and (3).
30.36For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
30.37fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
30.38in addition to the normal permit fee. Miles must be calculated based on the distance
30.39already traveled in the state plus the distance from the point of detection to a transportation
30.40loading site or unloading site within the state or to the point of exit from the state.
30.41 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
30.42or oversize and overweight, mobile cranes; construction equipment, machinery, and
31.1supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
31.2are as follows:
31.11If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
31.12under paragraph (e).
31.13 (g) For vehicles which exceed the width limitations set forth in section
31.14more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
31.15when the permit is issued while seasonal load restrictions pursuant to section
31.16in effect.
31.17 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
31.18refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
31.19a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
31.20subdivision 2
31.21pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
31.22pounds.
31.23 (i) $300 for a motor vehicle described in section
31.24paragraph must be deposited as follows:
31.25
31.26
31.27fund for costs related to administering the permit program and inspecting and posting
31.28bridges; and
31.29
31.30inspection and signing account
31.315a.
31.32
31.33
31.34
31.35
31.36
32.1 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
32.2under authority of section
32.3EFFECTIVE DATE.This section is effective July 1, 2012.
32.4 Sec. 36. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
32.5to read:
32.6 Subd. 5a. Bridge inspection and signing account; appropriation. (a) A bridge
32.7inspection and signing account is established in the special revenue fund. The account
32.8consists of fees for special permits as specified under this chapter, and any other money
32.9donated, allotted, transferred, or otherwise provided to the account.
32.10 (b) The revenue in the bridge inspection and signing account under this subdivision
32.11is annually appropriated to the commissioner for:
32.12 (1) inspection of local bridges and identification of local bridges to be posted,
32.13including contracting with a consultant for some or all of these functions; and
32.14 (2) erection of weight-posting signs on local bridges.
32.15EFFECTIVE DATE.This section is effective July 1, 2012.
32.16 Sec. 37. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
32.17 Subd. 4. Deposit of revenues
32.18by the commissioner under this section must be deposited
32.19
32.20
32.21
32.22under section 169.86, subdivision 5a.
32.23
32.24
32.25
32.26
32.27
32.28EFFECTIVE DATE.This section is effective July 1, 2012.
32.29 Sec. 38. Minnesota Statutes 2010, section 169.872, subdivision 1a, is amended to read:
32.30 Subd. 1a. Limit on civil penalties. A civil penalty for excessive weight under
32.31section
32.32a state law enforcement officer or motor transportation representative: (1) has inspected
33.1and copied the record within 14 days of the date the shipment was received by the person
33.2keeping the record; and (2) has assessed the penalty within 90 days of the date the officer
33.3or representative inspected and copied the record.
33.4 Sec. 39. Minnesota Statutes 2010, section 169.98, subdivision 1, is amended to read:
33.5 Subdivision 1. Colors and markings. (a) Except as provided in subdivisions 2 and
33.62a, all motor vehicles which are primarily used in the enforcement of highway traffic rules
33.7by the State Patrol or for general uniform patrol assignment by any municipal police
33.8department or other law enforcement agency, except conservation officers, shall have
33.9uniform colors and markings as provided in this subdivision. Motor vehicles of:
33.10(1) municipal police departments, including the University of Minnesota Police
33.11Department and park police units, shall be predominantly blue, brown, green, black,
33.12or white;
33.13(2) the State Patrol shall be predominantly maroon; and
33.14(3) the county sheriff's office shall be predominantly brown, black, gold, or white.
33.15(b) The identity of the governmental unit operating the vehicle shall be displayed on
33.16both front door panels and on the rear of the vehicle. The identity may be in the form of
33.17a shield or emblem, or may be the word "police," "sheriff," or the words "State Patrol"
33.18or "conservation officer," as appropriate, with letters not less than 2-1/2 inches high,
33.19one-inch wide and of a three-eighths inch brush stroke. The identity shall be of a color
33.20contrasting with the background color so that the motor vehicle is easily identifiable as
33.21belonging to a specific type of law enforcement agency. Each vehicle shall be marked
33.22with its own identifying number on the rear of the vehicle. The number shall be printed
33.23in the same size and color required pursuant to this subdivision for identifying words
33.24which may be displayed on the vehicle.
33.25 Sec. 40. Minnesota Statutes 2010, section 169.98, subdivision 3, is amended to read:
33.26 Subd. 3. Security guard vehicle. (a) All motor vehicles which are used by security
33.27guards in the course of their employment may have any color other than those specified in
33.28subdivision 1 for law enforcement vehicles. The identity of the security service shall be
33.29displayed on the motor vehicle as required for law enforcement vehicles.
33.30(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may
33.31continue to use a motor vehicle that is predominantly black in the course of the guard's
33.32employment if the vehicle was being used in this manner before August 1, 2002.
34.1(c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may
34.2continue to use a motor vehicle that is predominantly gold in the course of the guard's
34.3employment if the vehicle was being used in this manner before August 1, 2012.
34.4 Sec. 41. Minnesota Statutes 2010, section 171.01, subdivision 41, is amended to read:
34.5 Subd. 41. Motorized bicycle. "Motorized bicycle"
34.6
34.7
34.8
34.9
34.10
34.11meaning given in section 169.011, subdivision 45.
34.12 Sec. 42. Minnesota Statutes 2011 Supplement, section 171.075, subdivision 1, is
34.13amended to read:
34.14 Subdivision 1. Anatomical gift account. An anatomical gift account is established
34.15in the special revenue fund. The account consist of funds donated under sections
34.16168.013, subdivision
34.17allotted, transferred, or otherwise provided to the account. Money in the account is
34.18annually appropriated to the commissioner for (1) grants under subdivision 2, and (2)
34.19administrative expenses in implementing the donation and grant program.
34.20EFFECTIVE DATE.This section is effective January 1, 2013.
34.21 Sec. 43. [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE.
34.22 Subdivision 1. Certificate required. No person may perform traffic control as a
34.23motorcycle road guard as provided under chapter 169 without a valid motorcycle road
34.24guard certificate issued by the commissioner.
34.25 Subd. 2. Certification qualifications and standards. Through the Minnesota
34.26Motorcycle Safety Center, the commissioner of public safety shall:
34.27(1) establish qualifications and requirements for a person to obtain a motorcycle road
34.28guard certificate under this section, which must include:
34.29(i) a minimum 18 years of age;
34.30(ii) possession of a valid driver's license; and
34.31(iii) successful completion of a motorcycle road guard certification course;
34.32(2) develop and offer, whether by the Minnesota Motorcycle Safety Center or
34.33authorized agents, a motorcycle road guard certification course; and
35.1(3) establish safety and equipment standards for a person who operates under a
35.2motorcycle road guard certificate, including but not limited to specifying requirements
35.3for a reflective safety vest.
35.4 Subd. 3. Fee. The commissioner of public safety shall assess a fee for each applicant
35.5for a motorcycle road guard certificate, calculated to cover the commissioner's cost of
35.6establishing and administering the program.
35.7 Subd. 4. Penalty. A person who violates any provision of this section is guilty
35.8of a petty misdemeanor.
35.9 Subd. 5. Rulemaking. The commissioner of public safety shall adopt rules to carry
35.10out the provisions of this section. Notwithstanding section 16A.1283, the rules must
35.11specify the fee to be assessed under subdivision 3.
35.12EFFECTIVE DATE.Subdivisions 1 to 4 are effective one year after publication
35.13in the State Register of rules adopted under subdivision 5. Subdivision 5 is effective the
35.14day following final enactment.
35.15 Sec. 44. Minnesota Statutes 2010, section 174.03, is amended by adding a subdivision
35.16to read:
35.17 Subd. 1d. Freight rail economic development study. (a) The commissioner of
35.18transportation, in cooperation with the commissioner of the Department of Employment
35.19and Economic Development, shall conduct a freight rail economic development study.
35.20The study will assess the economic impact of freight railroads in the state and identify
35.21opportunities to expand business development and enhance economic competitiveness
35.22through improved utilization of freight rail options. Findings from the study shall be
35.23incorporated as an amendment to the statewide freight and passenger rail plan.
35.24(b) The commissioner of transportation shall provide an interim progress report on
35.25the study by January 15, 2013, and a final report on September 1, 2013, to the chairs
35.26and ranking minority members of the legislative committees with jurisdiction over
35.27transportation policy and finance and over employment and economic development. The
35.28reports shall include any recommended legislative initiatives.
35.29(c) The commissioner of transportation may expend up to $216,000 in fiscal year
35.302013 under section 222.50, subdivision 7, to pay the costs of this study and report.
35.31EFFECTIVE DATE.This section is effective the day following final enactment.
35.32 Sec. 45. [174.40] SAFE ROUTES TO SCHOOL PROGRAM.
36.1 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
36.2have the meanings given them.
36.3(b) "Bond eligible cost" means expenditures under this section for acquisition of
36.4land or permanent easements, predesign, design, preliminary and final engineering,
36.5environmental analysis, construction, and reconstruction of publicly owned infrastructure
36.6in this state with a useful life of at least ten years that provides for nonmotorized
36.7transportation to and from a school; preparation of land for which a route to school
36.8is established, including demolition of structures and remediation of any hazardous
36.9conditions on the land; and the unpaid principal on debt issued by a political subdivision
36.10for a safe routes to school project.
36.11(c) "Federal program" means the safe routes to school program under Title I, section
36.121404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
36.13for Users (SAFETEA-LU) of 2005, Public Law 109-59.
36.14(d) "School" means a school, as defined in section 120A.22, subdivision 4, excluding
36.15a home school.
36.16 Subd. 2. Program creation. (a) A safe routes to school program is established
36.17to provide assistance in capital investments for safe and appealing nonmotorized
36.18transportation to and from a school. The commissioner shall develop and implement the
36.19safe routes to school program as provided in this section. Financial assistance under
36.20this section is to supplement or replace aid for infrastructure projects under the federal
36.21program.
36.22(b) The commissioner may provide grants or other financial assistance for a safe
36.23routes to school project at the commissioner's discretion, subject to the requirements
36.24of this section.
36.25 Subd. 3. Safe routes to school accounts. (a) A safe routes to school account is
36.26established in the bond proceeds fund. The account consists of state bond proceeds
36.27appropriated to the commissioner. Money in the account may only be expended on
36.28bond-eligible costs of a project receiving financial assistance as provided under this
36.29section. All uses of funds from the account must be for publicly owned property.
36.30(b) A safe routes to school account is established in the general fund. The account
36.31consists of funds as provided by law, and any other money donated, allotted, transferred,
36.32or otherwise provided to the account. Money in the account may only be expended on a
36.33project receiving financial assistance as provided under this section.
36.34 Subd. 4. State general obligation bond funds. Minnesota Constitution, article XI,
36.35section 5, clause (a), requires that state general obligation bonds be issued to finance only
36.36the acquisition or betterment of public land, buildings, and other public improvements
37.1of a capital nature. The legislature has determined that many school transportation
37.2infrastructure projects will constitute betterments and capital improvements within the
37.3meaning of the Minnesota Constitution and capital expenditures under generally accepted
37.4accounting principles, and will be financed more efficiently and economically under this
37.5section than by direct appropriations for specific projects.
37.6 Subd. 5. Program administration. (a) The commissioner shall establish general
37.7program requirements and a competitive process for financial assistance, including but
37.8not limited to eligibility requirements for grant recipients and projects; procedures for
37.9solicitation of grants; application requirements; procedures for payment of financial
37.10assistance awards; and a schedule for application, evaluation, and award of financial
37.11assistance.
37.12(b) An application must include:
37.13(1) a detailed and specific description of the project;
37.14(2) an estimate, along with necessary supporting evidence, of the total costs for the
37.15project and the allocation of identified and proposed funding sources for the project;
37.16(3) an assessment of the need for and benefits of the project;
37.17(4) a resolution adopted by the governing body of the school for which a safe routes
37.18to school grant is requested, certifying that: (i) the governing body of the school supports
37.19the project; and (ii) funds, if any, required to be supplied by the school to complete the
37.20project are available and committed;
37.21(5) a timeline indicating the major milestones of the project and their anticipated
37.22completion dates; and
37.23(6) any additional information or material the commissioner prescribes.
37.24(c) The commissioner shall make reasonable efforts to (1) publicize each solicitation
37.25for applications among all eligible recipients, and (2) provide technical and informational
37.26assistance in creating and submitting applications.
37.27(d) By January 1, 2013, the commissioner of transportation shall publish and
37.28maintain a manual on the safe routes to school program that assists applicants for and
37.29recipients of financial assistance. The manual must include a list of eligibility and general
37.30program requirements, an explanation of the application process, and a review of the
37.31criteria used to evaluate projects.
37.32 Subd. 6. Evaluation criteria. The commissioner shall establish criteria for
37.33evaluation of applications and selection of projects. The criteria must include:
37.34(1) establishment or capital improvement of transportation infrastructure that
37.35improves safety and encourages nonmotorized transportation to and from a school;
38.1(2) compliance with all applicable requirements for capital infrastructure projects
38.2established by the Federal Highway Administration, U.S. Department of Transportation,
38.3for the federal program; and
38.4(3) other components as determined by the commissioner.
38.5 Subd. 7. Grant cancellation. If, five years after execution of a grant agreement,
38.6the commissioner determines that the grantee has not proceeded in a timely manner
38.7with implementation of the project funded, the commissioner must cancel the grant
38.8and the grantee must repay to the commissioner all grant money paid to the grantee.
38.9Section 16A.642 applies to any appropriations made from the bond proceeds fund to the
38.10commissioner under this section that have not been awarded as financial assistance.
38.11 Subd. 8. Legislative report. By November 1 annually, the commissioner shall
38.12submit a report on the safe routes to school program to the chairs and ranking minority
38.13members of the house of representatives and senate committees with jurisdiction over
38.14transportation policy and finance. The report must at a minimum:
38.15(1) summarize program implementation;
38.16(2) provide an overview of grant evaluation and criteria used in project selection;
38.17(3) provide a brief description of each project funded in the previous fiscal year,
38.18including the amount of money provided from each safe routes to school account under
38.19this section and the amount provided under the federal program;
38.20(4) summarize the status of the federal program or successor legislation; and
38.21(5) identify any recommendations for legislative changes, including proposals to
38.22improve program effectiveness.
38.23EFFECTIVE DATE.This section is effective the day following final enactment.
38.24 Sec. 46. Minnesota Statutes 2010, section 221.091, subdivision 2, is amended to read:
38.25 Subd. 2. Small vehicle passenger service.
38.26small vehicle passenger service must do so by ordinance. The ordinance must, at a
38.27minimum, provide for driver qualifications, insurance, vehicle safety, and periodic vehicle
38.28inspections. A city that has adopted an ordinance complying with this subdivision may
38.29enforce the registration requirement in section
38.30
38.31
38.32
38.33
38.34 Sec. 47. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
39.1 Subd. 9. Rail bank property use;
39.2for the actions of road authorities and their agents, employees, and contractors, and of
39.3utilities, in carrying out their duties imposed by permit, law, or contract, and except
39.4as otherwise provided in this section, it is unlawful to knowingly perform any of the
39.5following activities on rail bank property:
39.6 (1) obstruct any trail;
39.7 (2) deposit snow or ice;
39.8 (3) remove or place any earth, vegetation, gravel, or rock without authorization;
39.9 (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
39.10materials;
39.11 (5) erect a fence, or place or maintain any advertising, sign, or memorial, except
39.12upon authorization by the commissioner of transportation;
39.13 (6) remove, injure, displace, or destroy right-of-way markers or reference or witness
39.14monuments or markers placed to preserve section or quarter-section corners defining
39.15rail bank property limits;
39.16 (7) drive upon any portion of rail bank property, except at approved crossings, and
39.17except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
39.18other vehicles authorized to use rail bank property;
39.19 (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
39.20paving, guardrail, drain, or any other rail bank appurtenance;
39.21 (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
39.22on, across, or over the limits of rail bank property
39.23(10) plow, disc, or perform any other detrimental operation; or
39.24(11) place or maintain any permanent structure.
39.25 (b) Unless a greater penalty is provided elsewhere in statute,
39.26subdivision is a petty misdemeanor. A second or subsequent violation is a misdemeanor.
39.27 (c) The cost to remove, repair, or perform any other corrective action necessitated by
39.28a violation of this subdivision may be charged to the violator.
39.29 Sec. 48. Minnesota Statutes 2010, section 296A.07, subdivision 4, is amended to read:
39.30 Subd. 4. Exemptions. The provisions of subdivision 1 do not apply to gasoline or
39.31denatured ethanol purchased by:
39.32 (1) a transit system or transit provider receiving financial assistance or
39.33reimbursement under section
39.34 (2) providers of transportation to recipients of medical assistance home and
39.35community-based services waivers enrolled in day programs, including adult day care,
40.1family adult day care, day treatment and habilitation, prevocational services, and
40.2structured day services;
40.3(3) an ambulance service licensed under chapter 144E;
40.4(4) providers of medical or dental services by a federally qualified health center,
40.5as defined under title 19 of the Social Security Act, as amended by Section 4161 of the
40.6Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a
40.7mobile medical unit; or
40.8
40.9EFFECTIVE DATE.Clause (2) is effective retroactively from January 1, 2012,
40.10and clause (4) is effective retroactively from January 1, 2011.
40.11 Sec. 49. Minnesota Statutes 2010, section 296A.08, subdivision 3, is amended to read:
40.12 Subd. 3. Exemptions. The provisions of subdivisions 1 and 2 do not apply to
40.13special fuel or alternative fuels purchased by:
40.14 (1) a transit system or transit provider receiving financial assistance or
40.15reimbursement under section
40.16 (2) providers of transportation to recipients of medical assistance home and
40.17community-based services waivers enrolled in day programs, including adult day care,
40.18family adult day care, day treatment and habilitation, prevocational services, and
40.19structured day services;
40.20(3) an ambulance service licensed under chapter 144E;
40.21(4) providers of medical or dental services by a federally qualified health center,
40.22as defined under title 19 of the Social Security Act, as amended by Section 4161 of the
40.23Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a
40.24mobile medical unit; or
40.25
40.26EFFECTIVE DATE.Clause (2) is effective retroactively from January 1, 2012,
40.27and clause (4) is effective retroactively from January 1, 2011.
40.28 Sec. 50. Minnesota Statutes 2010, section 297A.68, subdivision 19, is amended to read:
40.29 Subd. 19. Petroleum products. The following petroleum products are exempt:
40.30(1) products upon which a tax has been imposed and paid under chapter 296A,
40.31and for which no refund has been or will be allowed because the buyer used the fuel
40.32for nonhighway use;
41.1(2) products that are used in the improvement of agricultural land by constructing,
41.2maintaining, and repairing drainage ditches, tile drainage systems, grass waterways, water
41.3impoundment, and other erosion control structures;
41.4(3) products purchased by a transit system receiving financial assistance under
41.5section
41.6(4) products purchased by an ambulance service licensed under chapter 144E;
41.7(5) products used in a passenger snowmobile, as defined in section
41.8subdivision 39
41.9provided under section
41.10(6) products purchased by a state or a political subdivision of a state for use in motor
41.11vehicles exempt from registration under section
41.12(7) products purchased by providers of transportation to recipients of medical
41.13assistance home and community-based services waivers enrolled in day programs,
41.14including adult day care, family adult day care, day treatment and habilitation,
41.15prevocational services, and structured day services; or
41.16(8) products used in a motor vehicle used exclusively as a mobile medical unit
41.17for the provision of medical or dental services by a federally qualified health center, as
41.18defined under title 19 of the federal Social Security Act, as amended by Section 4161 of
41.19the Omnibus Budget Reconciliation Act of 1990.
41.20EFFECTIVE DATE.Clause (7) is effective retroactively from January 1, 2012,
41.21and clause (8) is effective retroactively from January 1, 2011.
41.22 Sec. 51. Minnesota Statutes 2011 Supplement, section 297B.03, is amended to read:
41.23297B.03 EXEMPTIONS.
41.24 There is specifically exempted from the provisions of this chapter and from
41.25computation of the amount of tax imposed by it the following:
41.26 (1) purchase or use, including use under a lease purchase agreement or installment
41.27sales contract made pursuant to section
41.28and its agencies and instrumentalities and by any person described in and subject to the
41.29conditions provided in section
41.30 (2) purchase or use of any motor vehicle by any person who was a resident of
41.31another state or country at the time of the purchase and who subsequently becomes a
41.32resident of Minnesota, provided the purchase occurred more than 60 days prior to the date
41.33such person began residing in the state of Minnesota and the motor vehicle was registered
41.34in the person's name in the other state or country;
42.1 (3) purchase or use of any motor vehicle by any person making a valid election to be
42.2taxed under the provisions of section
42.3 (4) purchase or use of any motor vehicle previously registered in the state of
42.4Minnesota when such transfer constitutes a transfer within the meaning of section 118,
42.5331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal
42.6Revenue Code;
42.7 (5) purchase or use of any vehicle owned by a resident of another state and leased
42.8to a Minnesota-based private or for-hire carrier for regular use in the transportation of
42.9persons or property in interstate commerce provided the vehicle is titled in the state of
42.10the owner or secured party, and that state does not impose a sales tax or sales tax on
42.11motor vehicles used in interstate commerce;
42.12 (6) purchase or use of a motor vehicle by a private nonprofit or public educational
42.13institution for use as an instructional aid in automotive training programs operated by the
42.14institution. "Automotive training programs" includes motor vehicle body and mechanical
42.15repair courses but does not include driver education programs;
42.16 (7) purchase of a motor vehicle by an ambulance service licensed under section
42.18or for providing ambulance service;
42.19 (8) purchase of a motor vehicle by or for a public library, as defined in section
42.21 (9) purchase of a ready-mixed concrete truck;
42.22 (10) purchase or use of a motor vehicle by a town for use exclusively for road
42.23maintenance, including snowplows and dump trucks, but not including automobiles,
42.24vans, or pickup trucks;
42.25 (11) purchase or use of a motor vehicle by a corporation, society, association,
42.26foundation, or institution organized and operated exclusively for charitable, religious,
42.27or educational purposes, except a public school, university, or library, but only if the
42.28vehicle is:
42.29 (i) a truck, as defined in section
42.30passenger automobile, as defined in section
42.31used for carrying more than nine persons including the driver; and
42.32 (ii) intended to be used primarily to transport tangible personal property or
42.33individuals, other than employees, to whom the organization provides service in
42.34performing its charitable, religious, or educational purpose;
42.35 (12) purchase of a motor vehicle for use by a transit provider exclusively to provide
42.36transit service is exempt if the transit provider is either (i) receiving financial assistance or
43.1reimbursement under section
43.3 (13) purchase or use of a motor vehicle by a qualified business, as defined in section
43.5garaged in the job opportunity building zone and is primarily used as part of or in direct
43.6support of the person's operations carried on in the job opportunity building zone. The
43.7exemption under this clause applies to sales, if the purchase was made and delivery
43.8received during the duration of the job opportunity building zone. The exemption under
43.9this clause also applies to any local sales and use tax;
43.10 (14) purchase of a leased vehicle by the lessee who was a participant in a
43.11lease-to-own program from a charitable organization that is:
43.12 (i) described in section 501(c)(3) of the Internal Revenue Code; and
43.13 (ii) licensed as a motor vehicle lessor under section
43.14(15) purchase of a motor vehicle used exclusively as a mobile medical unit for the
43.15provision of medical or dental services by a federally qualified health center, as defined
43.16under title 19 of the Social Security Act, as amended by section 4161 of the Omnibus
43.17Budget Reconciliation Act of 1990.
43.18EFFECTIVE DATE.This section is effective retroactively for sales and purchases
43.19made on and after January 1, 2011.
43.20 Sec. 52. Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read:
43.21 Subd. 2. Certificate. Except as provided in subdivision 2a, no person may operate
43.22as an overdimensional load escort driver in this state without a certificate issued by the
43.23commissioner, or by a state with which the commissioner has entered into a reciprocal
43.24agreement. The commissioner shall assess a fee for each certificate applicant, calculated
43.25to cover the commissioner's cost of establishing and administering the program.
43.26EFFECTIVE DATE.This section is effective the day following final enactment
43.27and expires on the December 31 that occurs immediately after two years following the
43.28publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3,
43.29subdivision 5.
43.30 Sec. 53. Minnesota Statutes 2010, section 299D.085, is amended by adding a
43.31subdivision to read:
43.32 Subd. 2a. Exceptions. A person who is a minimum of 18 years of age, possesses a
43.33valid operator's license for the type of vehicle being operated, and meets vehicle and safety
44.1equipment standards specified by the commissioner may operate without a certificate as an
44.2overdimensional load escort driver when: (1) the load consists of manufactured homes,
44.3as defined in section 327.31, subdivision 6, or modular homes, as defined in section
44.4272.02, subdivision 85, paragraph (c); (2) the load does not extend over the centerline of a
44.5roadway; and (3) the vehicle carrying the overdimensional load is not routed to travel the
44.6wrong way on a roadway.
44.7EFFECTIVE DATE.This section is effective the day following final enactment
44.8and expires on the December 31 that occurs immediately after two years following the
44.9publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3,
44.10subdivision 5.
44.11 Sec. 54. Minnesota Statutes 2010, section 299D.09, is amended to read:
44.12299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS.
44.13 Fees charged for escort services provided by the State Patrol are annually
44.14appropriated to the commissioner of public safety to administer and provide these services.
44.15 The
44.16
44.17
44.18an hour
44.19 The fees charged for State Patrol flight services are $140 an hour for a fixed wing
44.20aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air in fiscal year
44.212012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and
44.22$454.84 an hour for the Queen Air in fiscal year 2013 and thereafter.
44.23EFFECTIVE DATE.This section is effective July 1, 2012.
44.24 Sec. 55. Minnesota Statutes 2010, section 473.39, is amended by adding a subdivision
44.25to read:
44.26 Subd. 1r. Obligations. After July 1, 2012, in addition to other authority under this
44.27section, the council may issue certificates of indebtedness, bonds, or other obligations
44.28under this section in an amount not exceeding $39,600,000 for capital expenditures as
44.29prescribed in the council's transit capital improvement program and for related costs,
44.30including the costs of issuance and sale of the obligations. Of this authorization, up to
44.31$4,200,000 may be made available to fund capital projects in amounts that would have
44.32otherwise been funded using replacement transit service provider reserves that were
45.1reduced in 2012 as a result of Laws 2011, First Special Session chapter 3, article 1,
45.2section 4.
45.3EFFECTIVE DATE; APPLICATION.This section is effective the day following
45.4final enactment, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
45.5Scott, and Washington.
45.6 Sec. 56. Laws 2009, chapter 158, section 10, is amended to read:
45.7 Sec. 10. EFFECTIVE DATE.
45.8Sections 2 and 3 are effective August 1, 2009, and the amendments made in sections
45.92 and 3 to Minnesota Statutes, sections
45.10EFFECTIVE DATE.This section is effective the day following final enactment.
45.11 Sec. 57. LEGISLATIVE ROUTE NO. 227 REMOVED.
45.12(a) Minnesota Statutes, section 161.115, subdivision 158, is repealed effective the
45.13day after the commissioner of transportation receives a copy of the agreement between
45.14the commissioner and the governing body of Wadena County to transfer jurisdiction of
45.15Legislative Route No. 227 and notifies the revisor of statutes under paragraph (b).
45.16(b) The revisor of statutes shall delete the route identified in paragraph (a) from
45.17Minnesota Statutes when the commissioner of transportation sends notice to the revisor
45.18electronically or in writing that the conditions required to transfer the route have been
45.19satisfied.
45.20 Sec. 58. LEGISLATIVE ROUTE NO. 258 REMOVED.
45.21(a) Minnesota Statutes, section 161.115, subdivision 189, is repealed effective the
45.22day after the commissioner of transportation receives a copy of the agreement between
45.23the commissioner and the governing body of Brown County to transfer jurisdiction of
45.24Legislative Route No. 258 and notifies the revisor of statutes under paragraph (b).
45.25(b) The revisor of statutes shall delete the route identified in paragraph (a) from
45.26Minnesota Statutes when the commissioner of transportation sends notice to the revisor
45.27electronically or in writing that the conditions required to transfer the route have been
45.28satisfied.
45.29 Sec. 59. LEGISLATIVE ROUTE NO. 291 REMOVED.
45.30(a) Minnesota Statutes, section 161.115, subdivision 222, is repealed effective the
45.31day after the commissioner of transportation receives a copy of the agreement between the
46.1commissioner and the governing body of the city of Hastings to transfer jurisdiction of
46.2Legislative Route No. 291 and notifies the revisor of statutes under paragraph (b).
46.3(b) The revisor of statutes shall delete the route identified in paragraph (a) from
46.4Minnesota Statutes when the commissioner of transportation sends notice to the revisor
46.5electronically or in writing that the conditions required to transfer the route have been
46.6satisfied.
46.7 Sec. 60. I-94 NOISE IMPACTS STAKEHOLDER GROUP.
46.8(a) The commissioner of transportation shall establish a noise impacts stakeholder
46.9group in conjunction with all trunk highway projects on marked Interstate Highway
46.1094, at or near the interchange with marked Trunk Highway 280 in St. Paul, for which
46.11preliminary engineering or preliminary design commences prior to January 1, 2018.
46.12(b) At a minimum, membership of the stakeholder group consists of Department of
46.13Transportation project team representatives and interested community stakeholders.
46.14(c) As part of the project development process for any project identified under
46.15paragraph (a), the commissioner shall consult with the stakeholder group to provide
46.16background information and data on noise impacts, review practices and evaluation
46.17options for noise mitigation, and obtain recommendations from the stakeholder group for
46.18noise mitigation components of the project design.
46.19 Sec. 61. MUNICIPAL STATE-AID STREET FUND 2013 ALLOCATION.
46.20(a) Notwithstanding Minnesota Statutes, section 162.13, subdivision 1, the
46.21commissioner of transportation shall allocate the apportionment sum available in the
46.22municipal state-aid street fund, following the deductions under Minnesota Statutes, section
46.23162.12, as provided in this section.
46.24(b) The commissioner shall identify a remuneration sum for each city that:
46.25(1) qualifies for municipal state-aid street funds under Minnesota Statutes, section
46.26162.09, subdivision 4a; and
46.27(2) was not allocated municipal state-aid street funds for calendar year 2012.
46.28(c) The remuneration sum for each city equals the amount the city received under
46.29the allocation of municipal state-aid street funds for calendar year 2011.
46.30(d) For the calendar year 2013 allocation only, the commissioner shall:
46.31(1) allocate to the appropriate city an amount from the apportionment sum equal
46.32to the remuneration sum calculated in paragraph (c); and
46.33(2) allocate the remaining apportionment sum as provided under Minnesota Statutes,
46.34section 162.13, subdivision 1.
47.1EFFECTIVE DATE.This section is effective the day following final enactment.
47.2 Sec. 62. REPORTS ON USE OF CONSTRUCTION MANAGER/GENERAL
47.3CONTRACTOR METHOD.
47.4 Subdivision 1. Submission of reports. The commissioner shall report on experience
47.5with and evaluation of the construction manager/general contractor method of contracting
47.6authorized in Minnesota Statutes, sections 161.3207 to 161.3209. The reports must be
47.7submitted to the chairs and ranking minority members of the legislative committees with
47.8jurisdiction over transportation policy or transportation finance and in compliance with
47.9Minnesota Statutes, sections 3.195 and 3.197. An interim report must be submitted
47.10no later than 12 months following the commissioner's acceptance of five construction
47.11manager/general contractor contracts. A final report must be submitted no later than 12
47.12months following the commissioner's acceptance of ten construction manager/general
47.13contractor contracts.
47.14 Subd. 2. Content of reports. The reports must include: (1) a description of
47.15circumstances of any projects as to which construction manager/general contractor
47.16requests for qualifications or requests for proposals were solicited, followed by a
47.17cancellation of the solicitation; (2) a description of projects as to which construction
47.18manager/general contractor method was utilized; (3) a comparison of project cost
47.19estimates with final project costs, if available; and (4) evaluation of the construction
47.20manager/general contractor method of procurement with respect to implications for
47.21project cost, use of innovative techniques, completion time, and obtaining maximum
47.22value. The final report must also include recommendations as to continued use of the
47.23program and desired modifications to the program, and recommended legislation to
47.24continue, discontinue, or modify the program.
47.25EFFECTIVE DATE.This section is effective the day following final enactment
47.26and expires one year following the acceptance of ten construction manager/general
47.27contractor contracts.
47.28 Sec. 63. REPORT ON WATER PERMITTING PROCESSES FOR
47.29TRANSPORTATION PROJECTS.
47.30By January 15, 2013, the commissioners of transportation, natural resources, and the
47.31Pollution Control Agency, in consultation with local road authorities and the Board of
47.32Water and Soil Resources, shall submit recommendations to the house of representatives
47.33and senate committees and divisions with primary jurisdiction over environment and
48.1natural resources policy and finance and transportation policy and finance on how
48.2water-related permitting for transportation projects can best be streamlined through
48.3creation of a single point of issuance system. The recommendations shall:
48.4(1) outline a single point of issuance system in which road authorities applying
48.5for state water permits would interact with a single state agency serving as the sole
48.6intermediary on behalf of all state agencies with an interest in a road authority's water
48.7permit application;
48.8(2) provide a goal for the maximum number of days the state believes are necessary
48.9to issue final water permitting decisions;
48.10(3) identify how state entities with current oversight authority over water permitting
48.11decisions would allocate resources to accommodate a single point of issuance system; and
48.12(4) suggest strategies to enhance the coordination of federal and state water
48.13permitting information gathering and decision-making.
48.14EFFECTIVE DATE.This section is effective the day following final enactment.
48.15 Sec. 64. REVISOR'S INSTRUCTION.
48.16The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
48.17in column A to the references listed in column B. The revisor shall also make necessary
48.18cross-reference changes in Minnesota Statutes consistent with the renumbering.
48.26 Sec. 65. RULES REPEALER.
48.27Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400;
48.288810.9500; 8810.9600; and 8810.9700, are repealed.
48.29 Sec. 66. EFFECTIVE DATE.
48.30Unless otherwise specified, this article is effective August 1, 2012.
49.3 Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a
49.4subdivision to read:
49.5 Subd. 1d. Bicycle use of trails. The commissioner may not prohibit or otherwise
49.6restrict operation of an electric-assisted bicycle, as defined in section 169.011, subdivision
49.727, on any trail under this section for which bicycle use is permitted, unless the
49.8commissioner determines that operation of the electric-assisted bicycle is not consistent
49.9with (1) the safety or general welfare of trail users; or (2) the terms of any property
49.10conveyance.
49.11 Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
49.12 Subd. 2. Authority of local government. (a) A local government unit that receives
49.13state grants-in-aid for any trail, with the concurrence of the commissioner, and the
49.14landowner or land lessee, may:
49.15(1) designate the trail for use by snowmobiles or for nonmotorized use from
49.16December 1 to April 1 of any year; and
49.17(2) issue any permit required under subdivisions 3 to 5.
49.18(b) A local government unit that receives state grants-in-aid under section
49.19subdivision 2
49.20concurrence of the commissioner, and landowner or land lessee, may:
49.21(1) designate the trail specifically for use at various times of the year by all-terrain or
49.22off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
49.23snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
49.24use at the same time; and
49.25(2) issue any permit required under subdivisions 3 to 5.
49.26(c) A local unit of government that receives state grants-in-aid for any trail, with the
49.27concurrence of the commissioner and landowner or land lessee, may designate certain
49.28trails for joint use by snowmobiles, off-highway motorcycles, all-terrain vehicles, and
49.29off-road vehicles.
49.30(d) A local unit of government may not prohibit or otherwise restrict operation of an
49.31electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
49.32this section designated for bicycle use or nonmotorized use that includes bicycles, unless
49.33the local unit of government determines that operation of the electric-assisted bicycle is
49.34not consistent with (1) the safety or general welfare of trail users; or (2) the terms of
49.35any property conveyance.
50.1 Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
50.2 Subd. 4. Nonmotorized use trails. No motorized vehicle shall be operated on a
50.3trail designated for nonmotorized use. This subdivision does not apply to (1) motorized
50.4wheelchairs or other motorized devices operated by an individual who is physically
50.5disabled; or (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27.
50.6 Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
50.7 Subd. 2. Powers of political subdivisions. (a) The governing body of any political
50.8subdivision may by ordinance or resolution:
50.9(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
50.10a bicycle lane or bicycle route;
50.11(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
50.12provided that the designation does not destroy a pedestrian way or pedestrian access;
50.13(3) develop and designate bicycle paths;
50.14(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
50.15(b) A governing body may not prohibit or otherwise restrict operation of an
50.16electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway,
50.17roadway, or shoulder, unless the governing body determines that operation of the
50.18electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway,
50.19roadway, or shoulder users; or (2) the terms of any property conveyance.
50.20 Sec. 5. [160.266] MISSISSIPPI RIVER TRAIL.
50.21 Subdivision 1. Definitions. For the purposes of this section:
50.22(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
50.23(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
50.24 Subd. 2. Creation. The commissioner, in cooperation with road and trail authorities
50.25including the commissioner of natural resources, shall identify a bikeway that originates at
50.26Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
50.27the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
50.28Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
50.29Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
50.30St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
50.31Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
50.32County to Minnesota's boundary with Iowa and there terminates. Where opportunities
50.33exist, the bikeway may be designated on both sides of the Mississippi River.
51.1 Subd. 3. Connections with other bikeways. (a) The commissioner, in cooperation
51.2with road and trail authorities including the commissioner of natural resources, shall:
51.3(1) identify existing bikeways of regional significance that are in reasonable
51.4proximity but not connected to the bikeway established in this section, including but not
51.5limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
51.6(2) support development of linkages between bikeways identified under clause (1)
51.7and the bikeway established in this section.
51.8(b) The requirements of this subdivision are a secondary priority for use of funds
51.9available under this section following establishment and enhancement of the bikeway
51.10under subdivision 1.
51.11 Subd. 4. Cooperation with other entities. The commissioner may contract and
51.12enter into agreements with federal agencies, other state agencies, local governments, and
51.13private entities to establish, develop, maintain, and operate the bikeway and to interpret
51.14associated natural and cultural resources.
51.15 Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
51.16by the commissioner of natural resources are eligible for funding from the environment
51.17and natural resources trust fund under chapter 116P, from the parks and trails grant
51.18program under section 85.535, from the local recreation grants program under section
51.1985.019, subdivision 4b, and from other sources.
51.20 Sec. 6. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
51.21 Subd. 66. Veterans Memorial Highway.
51.22Trunk Highway marked 200 as of July 1, 2010, from the border with North Dakota to the
51.23city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
51.24shall adopt a suitable design to mark this highway and erect appropriate signs, subject
51.25to section
51.26 Sec. 7. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
51.27to read:
51.28 Subd. 70. Arianna Celeste Macnamara Memorial Bridge. The pedestrian
51.29bridge over Route No. 7, signed as Trunk Highway 14 on the effective date of this
51.30section, located in the city of Rochester west of Route No. 20, signed as U.S. Highway
51.3152 on the effective date of this section, is designated as "Arianna Celeste Macnamara
51.32Memorial Bridge." Subject to section 161.139, the commissioner shall adopt a suitable
51.33marking design to memorialize the bridge and shall erect the appropriate signs as close as
51.34practicable to the bridge.
52.1 Sec. 8. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
52.2to read:
52.3 Subd. 71. Deputy John W. Liebenstein Memorial Highway. (a) That segment of
52.4Route No. 390, signed as Interstate Highway 35 on the effective date of this section and
52.5located in Rice County, is designated as "Deputy John W. Liebenstein Memorial Highway."
52.6Subject to section 161.139, the commissioner shall adopt a suitable marking design to
52.7mark this highway and shall erect the appropriate signs as provided in paragraph (b).
52.8(b) The commissioner of transportation shall erect suitable signs on marked
52.9Interstate Highway 35 as close as practicable to the following locations:
52.10(1) one sign on the southbound entrance ramp of the interchange with Rice County
52.11State-Aid Highway 1; and
52.12(2) one sign on the northbound entrance ramp of the interchange with Rice County
52.13State-Aid Highway 1.
52.14 Sec. 9. Minnesota Statutes 2010, section 162.081, subdivision 4, is amended to read:
52.15 Subd. 4. Formula for distribution to towns; purposes. (a) Money apportioned to a
52.16county from the town road account must be distributed to the treasurer of each town within
52.17the county, according to a distribution formula adopted by the county board. The formula
52.18must take into account each town's levy for road and bridge purposes, its population and
52.19town road mileage, and other factors the county board deems advisable in the interests
52.20of achieving equity among the towns. Distribution of town road funds to each town
52.21treasurer must be made by March 1, annually, or within 30 days after receipt of payment
52.22from the commissioner. Distribution of funds to town treasurers in a county which has
52.23not adopted a distribution formula under this subdivision must be made according to a
52.24formula prescribed by the commissioner by rule.
52.25
52.26
52.27
52.28
52.29
52.30(b) Money distributed to a town under this subdivision may be expended by the
52.31town only for the construction, reconstruction, and gravel maintenance of town roads
52.32within the town.
52.33 Sec. 10. Minnesota Statutes 2010, section 168.012, subdivision 1, is amended to read:
53.1 Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following
53.2vehicles are exempt from the provisions of this chapter requiring payment of tax and
53.3registration fees, except as provided in subdivision 1c:
53.4 (1) vehicles owned and used solely in the transaction of official business by the
53.5federal government, the state, or any political subdivision;
53.6 (2) vehicles owned and used exclusively by educational institutions and used solely
53.7in the transportation of pupils to and from those institutions;
53.8 (3) vehicles used solely in driver education programs at nonpublic high schools;
53.9 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
53.10persons for charitable, religious, or educational purposes;
53.11 (5) vehicles owned by nonprofit charities and used exclusively for disaster response
53.12and related activities;
53.13 (6) vehicles owned by ambulance services licensed under section
53.14are equipped and specifically intended for emergency response or providing ambulance
53.15services; and
53.16 (7) vehicles owned by a commercial driving school licensed under section
53.17or an employee of a commercial driving school licensed under section
53.18vehicle is used exclusively for driver education and training.
53.19 (b) Provided the general appearance of the vehicle is unmistakable, the following
53.20vehicles are not required to register or display number plates:
53.21(1) vehicles owned by the federal government;
53.22(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
53.23the state or a political subdivision;
53.24(3) police patrols owned or leased by the state or a political subdivision; and
53.25(4) ambulances owned or leased by the state or a political subdivision.
53.26 (c) Unmarked vehicles used in general police work, liquor investigations, or arson
53.27investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
53.28the Department of Corrections or by conservation officers of the Division of Enforcement
53.29and Field Service of the Department of Natural Resources, must be registered and must
53.30display appropriate license number plates, furnished by the registrar at cost. Original and
53.31renewal applications for these license plates authorized for use in general police work and
53.32for use by the Department of Corrections or by conservation officers must be accompanied
53.33by a certification signed by the appropriate chief of police if issued to a police vehicle,
53.34the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
53.35issued to a Department of Corrections vehicle, or the appropriate officer in charge if
53.36issued to a vehicle of any other law enforcement agency. The certification must be on a
54.1form prescribed by the commissioner and state that the vehicle will be used exclusively
54.2for a purpose authorized by this section.
54.3 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
54.4fraud unit, in conducting seizures or criminal investigations must be registered and must
54.5display passenger vehicle classification license number plates, furnished at cost by the
54.6registrar. Original and renewal applications for these passenger vehicle license plates
54.7must be accompanied by a certification signed by the commissioner of revenue or the
54.8commissioner of labor and industry. The certification must be on a form prescribed by
54.9the commissioner and state that the vehicles will be used exclusively for the purposes
54.10authorized by this section.
54.11 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
54.12Department of Health must be registered and must display passenger vehicle classification
54.13license number plates. These plates must be furnished at cost by the registrar. Original
54.14and renewal applications for these passenger vehicle license plates must be accompanied
54.15by a certification signed by the commissioner of health. The certification must be on a
54.16form prescribed by the commissioner and state that the vehicles will be used exclusively
54.17for the official duties of the Division of Disease Prevention and Control.
54.18 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
54.19investigations and reviews must be registered and must display passenger vehicle
54.20classification license number plates. These plates must be furnished at cost by the
54.21registrar. Original and renewal applications for these passenger vehicle license plates must
54.22be accompanied by a certification signed by the board chair. The certification must be on a
54.23form prescribed by the commissioner and state that the vehicles will be used exclusively
54.24for the official duties of the Gambling Control Board.
54.25 (g) Unmarked vehicles used in general investigation, surveillance, supervision,
54.26and monitoring by the staff of the Department of Human Services Office of Special
54.27Investigations and the executive director of the Minnesota sex offender program must
54.28be registered and must display passenger vehicle classification license number plates,
54.29furnished by the registrar at cost. Original and renewal applications for passenger vehicle
54.30license plates must be accompanied by a certification signed by the commissioner of
54.31human services. The certification must be on a form prescribed by the commissioner and
54.32state that the vehicles must be used exclusively for the official duties of the Office of
54.33Special Investigations and the executive director of the Minnesota sex offender program.
54.34(h) Each state hospital and institution for persons who are mentally ill and
54.35developmentally disabled may have one vehicle without the required identification on
54.36the sides of the vehicle. The vehicle must be registered and must display passenger
55.1vehicle classification license number plates. These plates must be furnished at cost by the
55.2registrar. Original and renewal applications for these passenger vehicle license plates must
55.3be accompanied by a certification signed by the hospital administrator. The certification
55.4must be on a form prescribed by the commissioner and state that the vehicles will be used
55.5exclusively for the official duties of the state hospital or institution.
55.6 (i) Each county social service agency may have vehicles used for child and
55.7vulnerable adult protective services without the required identification on the sides of the
55.8vehicle. The vehicles must be registered and must display passenger vehicle classification
55.9license number plates. These plates must be furnished at cost by the registrar. Original
55.10and renewal applications for these passenger vehicle license plates must be accompanied
55.11by a certification signed by the agency administrator. The certification must be on a form
55.12prescribed by the commissioner and state that the vehicles will be used exclusively for the
55.13official duties of the social service agency.
55.14 (j) All other motor vehicles must be registered and display tax-exempt number
55.15plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
55.16vehicles required to display tax-exempt number plates must have the name of the state
55.17department or political subdivision, nonpublic high school operating a driver education
55.18program, licensed commercial driving school, or other qualifying organization or entity,
55.19plainly displayed on both sides of the vehicle. This identification must be in a color
55.20giving contrast with that of the part of the vehicle on which it is placed and must endure
55.21throughout the term of the registration. The identification must not be on a removable
55.22plate or placard and must be kept clean and visible at all times; except that a removable
55.23plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
55.24to a nonpublic high school driver education program.
55.25 Sec. 11. Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to read:
55.26 Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
55.27except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
55.28combinations except those defined as farm combinations, and on commercial zone
55.29vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
55.30base rate schedule prescribed in this subdivision, but in no event less than $120.
56.20 (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
56.21axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
56.22 (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
56.23tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
56.24to subdivision 12 or section 169.86, subdivision 5a, as applicable.
56.25 (d) For purposes of registration identification, for vehicles registered in the "O"
56.26category, the owner must declare at the time of registration whether the vehicle will carry
56.27a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
56.28use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
56.29weight sticker must be issued and the owner is restricted to a gross vehicle weight of
56.30less than 55,000 pounds.
56.31 (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
56.32shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
56.33combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
56.34applicant proposes to combine with the truck-tractor.
56.35 (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
56.36combinations which are operated by an interstate carrier registered under section
56.37or by a carrier receiving operating authority under chapter 221, and operated solely within
56.38a zone exempt from regulation pursuant to United States Code, title 49, section 13506.
57.1 (g) The license plates issued for commercial zone vehicles shall be plainly marked.
57.2A person operating a commercial zone vehicle outside the zone or area in which its
57.3operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
57.4penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
57.5vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
57.6prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
57.7during the balance of the registration year.
57.8 (h) On commercial zone trucks the tax shall be based on the total gross weight of
57.9the vehicle and during each of the first eight years of vehicle life is 75 percent of the
57.10Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
57.11tax is 50 percent of the Minnesota base rate schedule.
57.12 (i) On trucks, truck-tractors and semitrailer combinations, except those defined
57.13as farm trucks and farm combinations, and except for those commercial zone vehicles
57.14specifically provided for in this subdivision, the tax for each of the first eight years of
57.15vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
57.16during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
57.17base rate prescribed by this subdivision.
57.18 (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
57.19combination are semitrailers.
57.20EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
57.21all registrations that are effective on or after that date and special permits issued on or
57.22after that date.
57.23 Sec. 12. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
57.24 Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
57.25applicant for all licenses based on gross weight shall state the unloaded weight of the
57.26motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
57.27on it, the sum of which constitutes the gross weight upon which the license tax must be
57.28paid. However, the declared gross weight upon which the tax is paid must not be less than
57.291-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
57.30to be registered, except recreational vehicles taxed under subdivision 1g, school buses
57.31taxed under subdivision 18, and tow trucks or towing vehicles defined in section
57.32subdivision 83
57.33of the tow truck or towing vehicle fully equipped, but does not include the weight of a
57.34wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
58.1(b) Except as provided by special permit issued under section 169.86, the gross
58.2weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon
58.3which the license tax has been paid by more than four percent or 1,000 pounds, whichever
58.4is greater; provided that, a vehicle transporting unfinished forest products on a highway,
58.5other than a highway that is part of the system of interstate and defense highways, unless a
58.6federal exemption is granted, in accordance with paragraph (d)(3):
58.7(1) shall not exceed its gross vehicle weight upon which the license tax has been
58.8paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
58.9other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
58.10exceeding a gross vehicle or axle weight by up to five percent; and
58.11(2) between the dates set by the commissioner in accordance with section
58.12subdivision 1
58.13the gross axle weight of any individual axle unless the entire vehicle also exceeds its
58.14gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
58.15allowance permitted under section
58.16applicable penalties for excess weight violations.
58.17(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license
58.18tax is paid must be indicated by a distinctive character on the license plate or plates except
58.19as provided in subdivision 12 or section 169.86, subdivision 5a, as applicable, and the
58.20plate or plates must be kept clean and clearly visible at all times.
58.21(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
58.22conviction for transporting a gross weight in excess of the gross weight for which it was
58.23registered or for operating a vehicle with an axle weight exceeding the maximum lawful
58.24axle load weight, is guilty of a misdemeanor and subject to increased registration or
58.25reregistration according to the following schedule:
58.26(1) Upon conviction for transporting a gross weight in excess of the gross weight
58.27for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
58.28set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
58.29vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
58.30load as provided in sections
58.31paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
58.32trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
58.33the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
58.34be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
58.35driver, or user was convicted of carrying. The increase is computed for the balance of
58.36the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
59.1calendar year beginning with the first day of the month in which the violation occurred.
59.2If the additional registration tax computed upon that weight, plus the tax already paid,
59.3amounts to more than the regular tax for the maximum gross weight permitted for the
59.4vehicle under sections
59.5paid into the highway fund, but the additional tax thus paid does not authorize or permit
59.6any person to operate the vehicle with a gross weight in excess of the maximum legal
59.7weight as provided by sections
59.8after a conviction applies to increase the authorized weight and pays the additional tax
59.9as provided in this section, the registrar shall revoke the registration on the vehicle and
59.10demand the return of the registration card and plates issued on that registration.
59.11(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
59.12semitrailer for transporting a gross weight in excess of the gross weight for which the
59.13motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
59.14or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
59.15as provided in sections
59.16penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
59.17privileges on the vehicle involved if the vehicle is being operated under reciprocity
59.18or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
59.19registration on the vehicle operated and demand the return of the registration certificate
59.20and registration plates. The registrar may not cancel the registration or reciprocity
59.21privileges for any vehicle found in violation of seasonal load restrictions imposed under
59.22section
59.23on which the violation occurred. The registrar may investigate any allegation of gross
59.24weight violations and demand that the operator show cause why all future operating
59.25privileges in the state should not be revoked unless the additional tax assessed is paid.
59.26(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
59.27or unfinished forest products, when the registered gross weight is not exceeded by more
59.28than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
59.29transportation of unprocessed or raw farm products from the place of production or
59.30on-farm storage site to any other location within
59.31on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
59.32forest products from the place of production to the place of final processing or manufacture
59.33located within 200 miles of the place of production.
59.34(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
59.35registrar according to this section, the vehicle must not be operated on the highways of the
59.36state until it is registered or reregistered, as the case may be, and new plates issued, and
60.1the registration fee is the annual tax for the total gross weight of the vehicle at the time of
60.2violation. The reregistration pursuant to this subdivision of any vehicle operating under
60.3reciprocity agreements pursuant to section
60.4registration fee without regard to the percentage of vehicle miles traveled in this state.
60.5EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
60.6all registrations that are effective on or after that date and special permits issued on or
60.7after that date.
60.8 Sec. 13. Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:
60.9 Subd. 12. Additional tax for excessive gross weight. (a) Whenever an owner has
60.10registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
60.11a selected gross weight of the vehicle and thereafter such owner desires to operate such
60.12vehicle with a greater gross weight than that for which the tax has been paid, such owner
60.13shall be permitted to reregister such vehicle by paying the additional tax due thereon
60.14for the remainder of the calendar year for which such vehicle has been reregistered, the
60.15additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
60.16of the year remaining in the calendar year, beginning with the first day of the month in
60.17which such owner desires to operate the vehicle with the greater weight. In computing
60.18the additional tax as aforesaid, the owner shall be given credit for the unused portion of
60.19the tax previously paid computed pro rata by the month, 1/12 of the annual tax paid for
60.20each month of the year remaining in the calendar year beginning with the first day of the
60.21month in which such owner desires to operate the vehicle with the greater weight. An
60.22owner will be permitted one reduction of gross weight or change of registration per year,
60.23which will result in a refund. This refund will be prorated monthly beginning with the
60.24first day of the month after such owner applies to amend the registration. The application
60.25for amendment shall be accompanied by a fee of $3, and all fees shall be deposited in
60.26the highway user tax distribution fund. Provided, however, the owner of a vehicle may
60.27reregister the vehicle for a weight of more than 81,000 pounds for one or more 30-day
60.28periods. For each 30-day period, the additional tax shall be equal to 1/12 of the difference
60.29between the annual tax for the weight at which the vehicle is registered and reregistered.
60.30
60.31
60.32(b) This subdivision does not apply to the owner of a vehicle who pays the additional
60.33tax for excessive gross weight under section 169.86, subdivision 5a, when buying a permit
60.34to operate with the greater gross weight.
61.1EFFECTIVE DATE.This section is effective with the registration period beginning
61.2October 1, 2012, and applies to all registrations that are effective on or after that date and
61.3special permits issued on or after that date.
61.4 Sec. 14. Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to
61.5read:
61.6 Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned
61.7by or
61.8under section
61.9 Sec. 15. Minnesota Statutes 2010, section 169.035, subdivision 1, is amended to read:
61.10 Subdivision 1. Working on highway. (a) The provisions of this chapter shall not
61.11apply to persons, motor vehicles, and other equipment while actually engaged in work
61.12upon the highway, except as provided in paragraphs (b) and (c).
61.13(b) This chapter shall apply to those persons and vehicles when traveling to or
61.14from such work, except that persons operating equipment owned, rented or hired by
61.15road authorities shall be exempt from the width, height and length provisions of sections
61.17performing the following actions on behalf of the state or a local governmental unit:
61.18(1) while loading, readying, or moving the vehicles or equipment in preparation for
61.19combating anticipated slippery road conditions or removing snow or ice;
61.20(2) while actually engaged in snow or ice removal
61.21conditions, including but not limited to pretreatment and anti-icing activities; or
61.22(3) while engaged in flood control operations
61.23
61.24(c) Chapter 169A and section
61.25work upon the highway.
61.26EFFECTIVE DATE.This section is effective the day following final enactment.
61.27 Sec. 16. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision
61.28to read:
61.29 Subd. 4. Trains. (a) For purposes of this subdivision, "railroad operator" means
61.30a person who is a locomotive engineer, conductor, member of the crew of a railroad
61.31locomotive or train, or an operator of on-track equipment.
62.1(b) A peace officer may not issue a citation for violation of this chapter or chapter
62.2171 to a railroad operator involving the operation of a railroad locomotive or train, or
62.3on-track equipment while being operated upon rails.
62.4(c) Notwithstanding section 171.08, a railroad operator is not required to display or
62.5furnish a driver's license to a peace officer in connection with the operation of a railroad
62.6locomotive or train, or on-track equipment while being operated upon rails.
62.7 Sec. 17. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
62.8 Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control
62.9signals exhibiting different colored lights, or colored lighted arrows, successively one at a
62.10time or in combination, only the colors Green, Red, and Yellow shall be used, except for
62.11special pedestrian signals carrying a word or legend. The traffic-control signal lights or
62.12colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
62.13 (1) Green indication:
62.14 (i) Vehicular traffic facing a circular green signal may proceed straight through or
62.15turn right or left unless a sign
62.16including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
62.17pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
62.18is exhibited. Vehicular traffic turning left or making a U-turn to the left shall yield the
62.19right-of-way to other vehicles approaching from the opposite direction so closely as to
62.20constitute an immediate hazard.
62.21 (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
62.22another indication, may cautiously enter the intersection only to make the movement
62.23indicated by the arrow, or other movement as permitted by other indications shown at the
62.24same time.
62.25within an adjacent crosswalk and to other traffic lawfully using the intersection.
62.26 (iii) Unless otherwise directed by a pedestrian-control signal as provided in
62.27subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
62.28turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
62.29Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
62.30pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
62.31time that the green signal indication is first shown.
62.32 (2) Steady yellow indication:
62.33 (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
62.34warned that the related green movement is being terminated or that a red indication will be
62.35exhibited immediately thereafter when vehicular traffic must not enter the intersection,
63.1except for the continued movement allowed by any green arrow indication simultaneously
63.2exhibited.
63.3 (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
63.4pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
63.5insufficient time to cross the roadway before a red indication is shown and no pedestrian
63.6shall then start to cross the roadway.
63.7 (3) Steady red indication:
63.8 (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
63.9stop line but, if none, before entering the crosswalk on the near side of the intersection
63.10or, if none, then before entering the intersection and shall remain standing until a green
63.11indication is shown, except as follows: (A) the driver of a vehicle stopped as close
63.12as practicable at the entrance to the crosswalk on the near side of the intersection or,
63.13if none, then at the entrance to the intersection in obedience to a red or stop signal,
63.14and with the intention of making a right turn may make the right turn, after stopping,
63.15unless an official sign has been erected prohibiting such movement, but shall yield the
63.16right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
63.17at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
63.18one-way street on which traffic moves to the left shall stop in obedience to a red or stop
63.19signal and may then make a left turn into the one-way street, unless an official sign has
63.20been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
63.21other traffic lawfully proceeding as directed by the signal at that intersection.
63.22 (ii) Unless otherwise directed by a pedestrian-control signal as provided in
63.23subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
63.24 (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
63.25movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
63.26before entering the crosswalk on the near side of the intersection or, if none, then before
63.27entering the intersection and must remain standing until a permissive signal indication
63.28permitting the movement indicated by the red arrow is displayed, except as follows: when
63.29an official sign has been erected permitting a turn on a red arrow signal, the vehicular
63.30traffic facing a red arrow signal indication is permitted to enter the intersection to turn
63.31right, or to turn left from a one-way street into a one-way street on which traffic moves
63.32to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
63.33lawfully proceeding as directed by the signal at that intersection.
63.34 (b) In the event an official traffic-control signal is erected and maintained at a place
63.35other than an intersection, the provisions of this section are applicable except those which
63.36can have no application. Any stop required must be made at a sign or marking on the
64.1pavement indicating where the stop must be made, but in the absence of any such sign or
64.2marking the stop must be made at the signal.
64.3 (c) When a traffic-control signal indication or indications placed to control a certain
64.4movement or lane are so identified by placing a sign near the indication or indications,
64.5no other traffic-control signal indication or indications within the intersection controls
64.6vehicular traffic for that movement or lane.
64.7 Sec. 18. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
64.8 Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall
64.9require obedience by vehicular traffic as follows:
64.10(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
64.11vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
64.12on the near side of the intersection, or if none, then at the point nearest the intersecting
64.13roadway where the driver has a view of approaching traffic on the intersecting roadway
64.14before entering the intersection, and the right to proceed shall be subject to the rules
64.15applicable after making a stop at a stop sign.
64.16(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
64.17vehicles with the intention of making a movement indicated by the arrow shall stop at a
64.18clearly marked stop line, but if none, before entering the crosswalk on the near side of
64.19the intersection, or if none, then at the point nearest the intersecting roadway where the
64.20driver has a view of approaching traffic on the intersecting roadway before entering the
64.21intersection, and the right to proceed shall be subject to the rules applicable after making a
64.22stop at a stop sign.
64.23(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
64.24of vehicles may proceed through the intersection or past the signals only with caution.
64.25Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
64.26other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
64.27the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
64.28shall yield the right-of-way to other vehicles approaching from the opposite direction so
64.29closely as to constitute an immediate hazard.
64.30(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
64.31drivers of vehicles with the intention of making a movement indicated by the arrow may
64.32proceed through the intersection or past the signals only with caution
64.33the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
64.34adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
65.1making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
65.2the opposite direction so closely as to constitute an immediate hazard.
65.3 Sec. 19. Minnesota Statutes 2010, section 169.19, subdivision 5, is amended to read:
65.4 Subd. 5. Signal to turn. A signal of intention to turn right or left shall be given
65.5continuously during not less than the last 100 feet traveled by the vehicle before turning.
65.6A person whose vehicle is exiting a roundabout is exempt from this subdivision.
65.7 Sec. 20. Minnesota Statutes 2010, section 169.222, subdivision 4, is amended to read:
65.8 Subd. 4. Riding
65.9bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of
65.10the roadway except under any of the following situations:
65.11(1) when overtaking and passing another vehicle proceeding in the same direction;
65.12(2) when preparing for a left turn at an intersection or into a private road or driveway;
65.13(3) when reasonably necessary to avoid conditions, including fixed or moving
65.14objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
65.15it unsafe to continue along the right-hand curb or edge.
65.16(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the
65.17same direction as adjacent vehicular traffic.
65.18(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
65.19abreast and shall not impede the normal and reasonable movement of traffic and, on a
65.20laned roadway, shall ride within a single lane.
65.21(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder
65.22on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible
65.23signal when necessary before overtaking and passing any pedestrian. No person shall ride
65.24a bicycle upon a sidewalk within a business district unless permitted by local authorities.
65.25Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk
65.26under their jurisdiction.
65.27(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
65.28distance when overtaking a bicycle or individual proceeding in the same direction on the
65.29bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
65.30(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or
65.31shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian
65.32under the same circumstances.
65.33(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway,
65.34on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
66.1subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
66.2(b), as applicable.
66.3 Sec. 21. Minnesota Statutes 2010, section 169.306, is amended to read:
66.4169.306 USE OF SHOULDERS BY BUSES.
66.5(a)
66.6160.02, subdivision 25, is authorized to permit
66.7buses use of a shoulder, as designated by the
66.8expressway, as defined in section
66.9(b) If
66.10shoulder by transit buses, the
66.11shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
66.12carrier of passengers, as defined in section
66.13intrastate commerce or (2) providing regular route transit service, as defined in section
66.15with the Metropolitan Council, a local transit authority, or a transit authority created by
66.16the legislature. Drivers of these buses must have adequate training in the requirements of
66.17paragraph (c), as determined by the commissioner.
66.18(c) Buses authorized to use the shoulder under this section may be operated on
66.19the shoulder only when main-line traffic speeds are less than 35 miles per hour, except
66.20as provided for in paragraph (f). Drivers of buses being operated on the shoulder may
66.21not exceed the speed of main-line traffic by more than 15 miles per hour and may never
66.22exceed 35 miles per hour, except as provided for in paragraph (f). Drivers of buses being
66.23operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
66.24to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
66.25the Department of Transportation.
66.26(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
66.27vehicle of not less than 20 feet in length engaged in providing special transportation
66.28services under section
66.29(1) operated by or under contract with a public or private entity receiving financial
66.30assistance to provide transit services from the Metropolitan Council or the commissioner
66.31of transportation; and
66.32(2) authorized by
66.33shoulders.
66.34(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
67.1(f) The commissioner may authorize different operating conditions and maximum
67.2speeds, not to exceed the posted speed limit, based upon an engineering study and
67.3recommendation by the road authority. The engineering study must be conducted by the
67.4road authority and must conform with the manual and specifications adopted under section
67.5169.06, subdivision 1, and applicable state and federal standards. The road authority shall
67.6consult the public transit operator before recommending operating conditions different
67.7from those authorized by law.
67.8 Sec. 22. Minnesota Statutes 2010, section 169.64, subdivision 2, is amended to read:
67.9 Subd. 2. Colored light. (a) Unless otherwise authorized by the commissioner of
67.10public safety, no vehicle shall be equipped, nor shall any person drive or move any vehicle
67.11or equipment upon any highway with any lamp or device displaying a red light or any
67.12colored light other than those required or permitted in this chapter.
67.13(b) A vehicle manufactured for use as an emergency vehicle may display and use
67.14colored lights that are not otherwise required or permitted in this chapter, provided that
67.15the vehicle is owned and operated according to section 168.10, is owned and operated
67.16solely as a collector's item and not for general transportation purposes, and is registered
67.17under section 168.10, subdivision 1a, 1b, 1c, 1d, 1g, or 1h. A person may not activate the
67.18colored lights authorized under this paragraph on streets or highways except as part of
67.19a parade or other special event.
67.20EFFECTIVE DATE.This section is effective the day following final enactment.
67.21 Sec. 23. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
67.22 Subd. 6. Exceptions. (a) This section does not apply to:
67.23(1) a person transporting a child in an emergency medical vehicle while in the
67.24performance of official duties and when the physical or medical needs of the child make
67.25the use of a child passenger restraint system unreasonable or when a child passenger
67.26restraint system is not available;
67.27(2) a peace officer transporting a child while in the performance of official duties
67.28and when a child passenger restraint system is not available, provided that a seat belt
67.29must be substituted;
67.30(3) a person while operating a motor vehicle for hire, including a taxi, airport
67.31limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; and
67.32(4) a person while operating a school bus
67.33of greater than 10,000 pounds.
68.1
68.2
68.3
68.4
68.5(b) A child passenger restraint system is not required for a child who cannot, in the
68.6judgment of a licensed physician, be safely transported in a child passenger restraint
68.7system because of a medical condition, body size, or physical disability. A motor vehicle
68.8operator claiming exemption for a child under this paragraph must possess a typewritten
68.9statement from the physician stating that the child cannot be safely transported in a child
68.10passenger restraint system. The statement must give the name and birth date of the child,
68.11be dated within the previous six months, and be made on the physician's letterhead or
68.12contain the physician's name, address, and telephone number. A person charged with
68.13violating subdivision 5 may not be convicted if the person produces the physician's
68.14statement in court or in the office of the arresting officer.
68.15(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
68.16restraint device to a customer renting or leasing the motor vehicle who requests the device.
68.17A reasonable rent or fee may be charged for use of the child passenger restraint device.
68.18 Sec. 24. Minnesota Statutes 2010, section 169.685, subdivision 7, is amended to read:
68.19 Subd. 7. Appropriation; special account; legislative report. The Minnesota child
68.20passenger restraint and education account is created in the state treasury, consisting of
68.21fines collected under subdivision 5 and other money appropriated or donated. The money
68.22in the account is annually appropriated to the commissioner of public safety
68.23provide child passenger restraint systems to families in financial need
68.24and child care providers that provide for the transportation of pupils to and from school
68.25using type III vehicles or school buses with a gross vehicle weight rating of 10,000 pounds
68.26or less, and to provide an educational program on the need for and proper use of child
68.27passenger restraint systems. The commissioner shall report to the legislature by February
68.281 of each odd-numbered year on the commissioner's activities and expenditure of funds
68.29under this section.
68.30 Sec. 25. Minnesota Statutes 2010, section 169.85, subdivision 2, is amended to read:
68.31 Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this
68.32section, an officer may require the driver to stop the vehicle in a suitable place and remain
68.33standing until a portion of the load is removed that is sufficient to reduce the gross weight
68.34of the vehicle to the limit permitted under either section
69.1(b), or sections
69.2place is a location where loading or tampering with the load is not prohibited by federal,
69.3state, or local law, rule, or ordinance.
69.4 (b) Except as provided in paragraph (c), a driver may be required to unload a
69.5vehicle only if the weighing officer determines that (1) on routes subject to the provisions
69.6of sections
69.7prescribed by sections
69.8group of two or more consecutive axles in cases where the distance between the centers
69.9of the first and last axles of the group under consideration is ten feet or less exceeds the
69.10lawful gross weight prescribed by sections
69.11or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted
69.12in accordance with section
69.13driver of the vehicle at the risk of the owner or driver.
69.14 (c)
69.15of the vehicle does not exceed:
69.16(1) the sum of the vehicle's registered gross weight
69.17forth in section
69.18allowance permitted under section
69.19
69.20(2) the weight allowed by special permit issued under section 169.86 for a vehicle
69.21that is operated in conformity with the limitations and conditions of the permit.
69.22EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
69.23all registrations that are effective on or after that date and special permits issued on or
69.24after that date.
69.25 Sec. 26. Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read:
69.26 Subdivision 1. Permit authorities; restrictions. (a) The commissioner, with respect
69.27to highways under the commissioner's jurisdiction, and local authorities, with respect to
69.28highways under their jurisdiction, may, in their discretion, upon application in writing
69.29and good cause being shown therefor, issue a special permit, in writing, authorizing the
69.30applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or
69.31load exceeding the maximum specified in this chapter, exceeding the gross weight for
69.32which the vehicle is registered under chapter 168, or otherwise not in conformity with the
69.33provisions of this chapter, upon any highway under the jurisdiction of the party granting
69.34such permit and for the maintenance of which such party is responsible.
70.1(b) Permits relating to over-width, over-length manufactured homes shall not be
70.2issued to persons other than manufactured home dealers or manufacturers for movement
70.3of new units owned by the manufactured home dealer or manufacturer, until the person
70.4has presented a statement from the county auditor and treasurer where the unit is presently
70.5located, stating that all personal and real property taxes have been paid. Upon payment of
70.6the most recent single year delinquent personal property or current year taxes only, the
70.7county auditor or treasurer must issue a taxes paid statement to a manufactured home
70.8dealer or a financial institution desiring to relocate a manufactured home that has been
70.9repossessed. This statement must be dated within 30 days of the contemplated move. The
70.10statement from the county auditor and treasurer where the unit is presently located, stating
70.11that all personal and real property taxes have been paid, may be made by telephone. If
70.12the statement is obtained by telephone, the permit shall contain the date and time of the
70.13telephone call and the names of the persons in the auditor's office and treasurer's office
70.14who verified that all personal and real property taxes had been paid.
70.15(c) The commissioner may not grant a permit authorizing the movement, in a
70.16three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that
70.17the commissioner (1) may renew a permit that was granted before April 16, 1984, for the
70.18movement of a semitrailer or trailer that exceeds the length limitation in section
70.19subdivision 2
70.20that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of
70.21Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in
70.22the state to the state border.
70.23(d) The state as to state trunk highways, a statutory or home rule charter city as
70.24to streets in the city, or a town as to roads in the town, may issue permits authorizing
70.25the transportation of combinations of vehicles exceeding the limitations in section
70.27Combinations of vehicles authorized by this paragraph may be restricted as to the use of
70.28state trunk highways by the commissioner, to the use of streets by the city road authority,
70.29and to the use of roads by the town road authority. Nothing in this paragraph or section
70.31under section
70.32EFFECTIVE DATE.This section is effective October 1, 2012, and applies to
70.33all registrations that are effective on or after that date and special permits issued on or
70.34after that date.
70.35 Sec. 27. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
71.1 Subd. 4. Display and inspection of permit.
71.2carried in the vehicle or combination of vehicles to which it refers and
71.3to inspection by any
71.4
71.5person shall violate any of the terms or conditions of
71.6 Sec. 28. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
71.7amended to read:
71.8 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
71.9respect to highways under the commissioner's jurisdiction, may charge a fee for each
71.10permit issued. All
71.11must be deposited in the state treasury and credited to the trunk highway fund. Except
71.12for those annual permits for which the permit fees are specified elsewhere in this chapter,
71.13the fees
71.14 (a) $15 for each single trip permit.
71.15 (b) $36 for each job permit. A job permit may be issued for like loads carried on
71.16a specific route for a period not to exceed two months. "Like loads" means loads of the
71.17same product, weight, and dimension.
71.18 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
71.19months. Annual permits may be issued for:
71.20 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
71.21or well-being of the public;
71.22 (2) motor vehicles
71.23authorized under subdivision 1a;
71.24 (3) motor vehicles operating with gross weights authorized under section
71.25subdivision 1a
71.26 (4) special pulpwood vehicles described in section
71.27 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
71.28 (6) noncommercial transportation of a boat by the owner or user of the boat;
71.29 (7) motor vehicles carrying bales of agricultural products authorized under section
71.31(8) special milk-hauling vehicles authorized under section
71.32 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
71.33consecutive months. Annual permits may be issued for:
71.34 (1) mobile cranes;
71.35 (2) construction equipment, machinery, and supplies;
72.1 (3) manufactured homes and manufactured storage buildings;
72.2 (4) implements of husbandry;
72.3 (5) double-deck buses;
72.4 (6) commercial boat hauling and transporting waterfront structures, including, but
72.5not limited to, portable boat docks and boat lifts;
72.6 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
72.7for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
72.8the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
72.9only while operating on twin-trailer routes designated under section
72.10paragraph (c); and
72.11(8) vehicles operating on that portion of marked Trunk Highway 36 described in
72.12section
72.13 (e) For vehicles
72.14sections
72.15this paragraph applies to any vehicle described in section
72.16paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
72.17that paragraph, and then the additional cost is for all weight, including the allowance
72.18weight, in excess of the permitted maximum axle weight. The additional cost is equal
72.19to the product of the distance traveled times the sum of the overweight axle group cost
72.20factors shown in the following chart:
73.5The amounts added are rounded to the nearest cent for each axle or axle group. The
73.6additional cost does not apply to paragraph (c), clauses (1) and (3).
73.7For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
73.8fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
73.9in addition to the normal permit fee. Miles must be calculated based on the distance
73.10already traveled in the state plus the distance from the point of detection to a transportation
73.11loading site or unloading site within the state or to the point of exit from the state.
73.12 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
73.13or oversize and overweight, mobile cranes; construction equipment, machinery, and
73.14supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
73.15are as follows:
73.25If the gross weight of the vehicle is more than
73.26determined under paragraph (e).
73.27 (g) For vehicles which exceed the width limitations set forth in section
73.28more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
73.29when the permit is issued while seasonal load restrictions pursuant to section
73.30in effect.
73.31 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
73.32refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
73.33a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
73.34subdivision 2
73.35pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
73.36pounds.
73.37 (i) $300 for a motor vehicle described in section
73.38paragraph must be deposited as follows:
74.1 (1) in fiscal years 2005 through 2010:
74.2 (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
74.3for costs related to administering the permit program and inspecting and posting bridges;
74.4 (ii) all remaining money in each fiscal year must be deposited in a bridge inspection
74.5and signing account in the special revenue fund. Money in the account is appropriated
74.6to the commissioner for:
74.7 (A) inspection of local bridges and identification of local bridges to be posted,
74.8including contracting with a consultant for some or all of these functions; and
74.9 (B) erection of weight-posting signs on local bridges; and
74.10 (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
74.11fund.
74.12 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
74.13under authority of section
74.14 Sec. 29. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
74.15to read:
74.16 Subd. 5a. Additional tax for excessive gross weight. When a special permit is
74.17issued under this chapter, the commissioner shall collect in addition to the permit fee an
74.18additional tax for excessive gross weight, if the weight allowed under the permit is greater
74.19than the gross weight for which the vehicle is registered under section 168.013. The
74.20tax shall be calculated as the difference between the registration tax paid under section
74.21168.013, subdivision 1e, and the additional tax that would be due under section 168.013,
74.22subdivision 1e, at the gross weight allowed under the permit, prorated by the number of
74.23days for which the permit is effective. Proceeds of the surcharge must be deposited in the
74.24state treasury and credited to the highway user tax distribution fund.
74.25EFFECTIVE DATE.This section is effective with the registration period beginning
74.26October 1, 2012, and applies to all registrations that are effective on or after that date and
74.27special permits issued on or after that date.
74.28 Sec. 30. Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read:
74.29 Subd. 1b. Speed. (a) For a citation issued before August 1, 2014, the uniform
74.30traffic ticket must provide a blank or space wherein an officer who issues a citation for a
74.31violation of a speed limit of 55 or 60 miles per hour must specify whether the speed was
74.32greater than ten miles per hour in excess of the speed limit.
74.33(b) For a citation issued on or after August 1, 2014, the uniform traffic ticket must
74.34provide a blank or space wherein an officer who issues a citation for a violation of a speed
75.1limit of 55 or 60 miles per hour must specify whether the speed was greater than ten miles
75.2per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in
75.3excess of a 60 miles per hour speed limit.
75.4 Sec. 31. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:
75.5 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
75.6subdivision 7, the commissioner shall revoke the driver's license of a person convicted
75.7of violating section
75.8with it, as follows:
75.9 (1) not less than 30 days for an offense under section
75.10(driving while impaired crime)
75.11 (2) not less than 90 days for an offense under section
75.12to submit to chemical test crime)
75.13 (3) not less than one year for:
75.14(i) an offense occurring within ten years of a qualified prior impaired driving
75.15incident
75.16(ii) an offense occurring after two qualified prior impaired driving incidents
75.17
75.18(iii) an offense occurring when a person has an alcohol concentration of twice the
75.19legal limit or more as measured at the time or within two hours of the time of the offense
75.20and the person has no qualified prior impaired driving incident within ten years;
75.21(4) not less than two years for an offense occurring under clause (3), item (i)
75.22or (ii), and where the test results indicate an alcohol concentration of twice the legal
75.23limit or more,
75.24rehabilitation has been successfully completed where prescribed in accordance with
75.25section
75.26
75.27first of two qualified prior impaired driving incidents or occurring after three qualified
75.28prior impaired driving incidents
75.29section
75.30standards established by the commissioner; and
75.31
75.32three qualified prior impaired driving incidents
75.33denial under section
75.34according to standards established by the commissioner; or
76.1
76.2prior impaired driving incidents
76.3section
76.4standards established by the commissioner.
76.5EFFECTIVE DATE.This section is effective July 1, 2012.
76.6 Sec. 32. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
76.7 Subd. 6. Applicability of implied consent revocation. (a) Any person whose
76.8license has been revoked pursuant to section
76.9or refusal) as the result of the same incident, and who does not have a qualified prior
76.10impaired driving incident, is subject to the mandatory revocation provisions of subdivision
76.111, clause (1) or (2), in lieu of the mandatory revocation provisions of section
76.12(b) Paragraph (a) does not apply to:
76.13(1) a person whose license has been revoked under subdivision 2 (driving while
76.14impaired by person under age 21); or
76.15(2) a person whose driver's license has been revoked for, or who is charged with
76.16(i) an alcohol concentration of twice the legal limit or more as measured at the time or
76.17within two hours of the time of the offense; or (ii) a violation of section
76.18while impaired) with an aggravating factor described in section
76.193
76.20EFFECTIVE DATE.This section is effective July 1, 2012.
76.21 Sec. 33. Minnesota Statutes 2010, section 171.03, is amended to read:
76.22171.03 PERSONS EXEMPT.
76.23 The following persons are exempt from license hereunder:
76.24 (a) A person in the employ or service of the United States federal government is
76.25exempt while driving or operating a motor vehicle owned by or leased to the United
76.26States federal government.
76.27 (b) A person in the employ or service of the United States federal government is
76.28exempt from the requirement to possess a valid class A, class B, or class C commercial
76.29driver's license while driving or operating for military purposes a commercial motor
76.30vehicle for the United States federal government if the person is:
76.31 (1) on active duty in the U. S. Coast Guard;
76.32 (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
76.33Air Force, Navy, and Marine Corps;
77.1 (3) a member of a reserve component of the U. S. armed forces; or
77.2 (4) on active duty in the Army National Guard or Air National Guard, which
77.3includes (i) a member on full-time National Guard duty, (ii) a member undergoing
77.4part-time National Guard training, and (iii) a National Guard military technician, who is a
77.5civilian required to wear a military uniform.
77.6The exemption provided under this paragraph does not apply to a U. S. armed forces
77.7reserve technician.
77.8 (c) Any person while driving or operating any farm tractor or implement of
77.9husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
77.10vehicle, as defined in section
77.11in section
77.12subdivision 7
77.13 (d) A nonresident who is at least 15 years of age and who has in immediate
77.14possession a valid driver's license issued to the nonresident in the home state or country
77.15may operate a motor vehicle in this state only as a driver.
77.16 (e) A nonresident who has in immediate possession a valid commercial driver's
77.17license issued by a state or jurisdiction in accordance with the standards of Code of
77.18Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
77.19commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
77.20 (f) Any nonresident who is at least 18 years of age, whose home state or country does
77.21not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
77.22period of not more than 90 days in any calendar year, if the motor vehicle so operated is
77.23duly registered for the current calendar year in the home state or country of the nonresident.
77.24 (g) Any person who becomes a resident of the state of Minnesota and who has in
77.25possession a valid driver's license issued to the person under and pursuant to the laws of
77.26some other state or jurisdiction or by military authorities of the United States may operate
77.27a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
77.28a resident of this state, without being required to have a Minnesota driver's license as
77.29provided in this chapter.
77.30 (h) Any person who becomes a resident of the state of Minnesota and who has in
77.31possession a valid commercial driver's license issued by another state or jurisdiction in
77.32accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
77.33for not more than 30 days after becoming a resident of this state.
77.34 (i) Any person operating a snowmobile, as defined in section
77.35(j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a),
77.36is exempt while operating a railroad locomotive or train, or on-track equipment while
78.1being operated upon rails. This exemption includes operation while crossing a street or
78.2highway, whether public or private.
78.3 Sec. 34. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
78.4 Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for
78.5each application. Except as provided in paragraph
78.6involved in receiving, accepting, or forwarding to the department the applications and
78.7fees required under sections
78.9(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
78.10by credit card or debit card. The driver's license agent may collect a convenience fee on
78.11the statutory fees and filing fees not greater than the cost of processing a credit card or
78.12debit card transaction. The convenience fee must be used to pay the cost of processing
78.13credit card and debit card transactions. The commissioner shall adopt rules to administer
78.14this paragraph using the exempt procedures of section 14.386, except that section 14.386,
78.15paragraph (b), does not apply.
78.16
78.17agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
78.18discontinuance of an existing agent, and if a new agent is appointed in an existing office
78.19pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
78.20Rules, part 7404.0400, the department shall provide and maintain photo identification
78.21equipment without additional cost to a newly appointed agent in that office if the office
78.22was provided the equipment by the department before January 1, 2000. All photo
78.23identification equipment must be compatible with standards established by the department.
78.24
78.25into the county treasury and credited to the general revenue fund of the county. An
78.26agent who is not an employee of the county shall retain the filing fee in lieu of county
78.27employment or salary and is considered an independent contractor for pension purposes,
78.28coverage under the Minnesota State Retirement System, or membership in the Public
78.29Employees Retirement Association.
78.30
78.31reporting period established by the department, the agent must forward to the department
78.32all applications and fees collected during the reporting period except as provided in
78.33paragraph
78.34EFFECTIVE DATE.This section is effective the day following final enactment.
79.1 Sec. 35. Minnesota Statutes 2010, section 171.12, subdivision 6, is amended to read:
79.2 Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph
79.3(c), the department shall not keep on the record of a driver any conviction for a violation
79.4of a speed limit of 55
79.5than ten miles per hour in excess of
79.6
79.7(b) Except as provided in paragraph (c), the department shall not keep on the record
79.8of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the
79.9violation consisted of a speed greater than:
79.10(1) ten miles per hour in excess of the speed limit, for any violation occurring on or
79.11after August 1, 2012, and before August 1, 2014; or
79.12(2) five miles per hour in excess of the speed limit, for any violation occurring on
79.13or after August 1, 2014.
79.14(c) This subdivision does not apply to (1) a violation that occurs in a commercial
79.15motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
79.16driver's license, without regard to whether the violation was committed in a commercial
79.17motor vehicle or another vehicle.
79.18 Sec. 36. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
79.19 Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
79.20license to the driver under the conditions in paragraph (b) in any case where a person's
79.21license has been:
79.22(1) suspended under section
79.23(2) revoked, canceled, or denied under section:
79.24(i)
79.25(ii)
79.26(iii)
79.27(A) subdivision 3, paragraph (a), clause (1) or (2);
79.28(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
79.30(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
79.31alcohol concentration of less than twice the legal limit;
79.32(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
79.34(iv)
79.35(v)
80.1(3) revoked, canceled, or denied under section 169A.54:
80.2(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
80.3of less than twice the legal limit;
80.4(ii) subdivision 1, clause (2);
80.5(iii) subdivision 1, clause
80.7(iv) subdivision 2, if the person does not have a qualified prior impaired driving
80.8incident as defined in section
80.9results indicate an alcohol concentration of less than twice the legal limit.
80.10(b) The following conditions for a limited license under paragraph (a) include:
80.11(1) if the driver's livelihood or attendance at a chemical dependency treatment or
80.12counseling program depends upon the use of the driver's license;
80.13(2) if the use of a driver's license by a homemaker is necessary to prevent the
80.14substantial disruption of the education, medical, or nutritional needs of the family of
80.15the homemaker; or
80.16(3) if attendance at a postsecondary institution of education by an enrolled student of
80.17that institution depends upon the use of the driver's license.
80.18(c) The commissioner in issuing a limited license may impose such conditions and
80.19limitations as in the commissioner's judgment are necessary to the interests of the public
80.20safety and welfare including reexamination as to the driver's qualifications. The license
80.21may be limited to the operation of particular vehicles, to particular classes and times of
80.22operation, and to particular conditions of traffic. The commissioner may require that an
80.23applicant for a limited license affirmatively demonstrate that use of public transportation
80.24or carpooling as an alternative to a limited license would be a significant hardship.
80.25(d) For purposes of this subdivision:
80.26(1) "homemaker" refers to the person primarily performing the domestic tasks in a
80.27household of residents consisting of at least the person and the person's dependent child
80.28or other dependents; and
80.29(2) "twice the legal limit" means an alcohol concentration of two times the limit
80.30specified in section
80.31(e) The limited license issued by the commissioner shall clearly indicate the
80.32limitations imposed and the driver operating under the limited license shall have the
80.33license in possession at all times when operating as a driver.
80.34(f) In determining whether to issue a limited license, the commissioner shall consider
80.35the number and the seriousness of prior convictions and the entire driving record of the
80.36driver and shall consider the number of miles driven by the driver annually.
81.1(g) If the person's driver's license or permit to drive has been revoked under
81.2section
81.3person after the person has presented an insurance identification card, policy, or written
81.4statement indicating that the driver or owner has insurance coverage satisfactory to
81.5the commissioner of public safety. The commissioner of public safety may require
81.6the insurance identification card provided to satisfy this subdivision be certified by the
81.7insurance company to be noncancelable for a period not to exceed 12 months.
81.8(h) The limited license issued by the commissioner to a person under section
81.10must not issue a limited license to a person who previously has been issued a limited
81.11license under section
81.12(i) The commissioner shall not issue a limited driver's license to any person
81.13described in section
81.14(j) The commissioner shall not issue a class A, class B, or class C limited license.
81.15EFFECTIVE DATE.This section is effective July 1, 2012.
81.16 Sec. 37. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
81.17 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
81.18D driver's license, subject to the applicable limitations and restrictions of this section,
81.19to a program participant who meets the requirements of this section and the program
81.20guidelines. The commissioner shall not issue a license unless the program participant has
81.21provided satisfactory proof that:
81.22(1) a certified ignition interlock device has been installed on the participant's motor
81.23vehicle at an installation service center designated by the device's manufacturer; and
81.24(2) the participant has insurance coverage on the vehicle equipped with the ignition
81.25interlock device. The commissioner shall require the participant to present an insurance
81.26identification card, policy, or written statement as proof of insurance coverage, and may
81.27require the insurance identification card provided be certified by the insurance company to
81.28be noncancelable for a period not to exceed 12 months.
81.29(b) A license issued under authority of this section must contain a restriction
81.30prohibiting the program participant from driving, operating, or being in physical control of
81.31any motor vehicle not equipped with a functioning ignition interlock device certified by
81.32the commissioner. A participant may drive an employer-owned vehicle not equipped with
81.33an interlock device while in the normal course and scope of employment duties pursuant
81.34to the program guidelines established by the commissioner and with the employer's
81.35written consent.
82.1(c) A program participant whose driver's license has been revoked under section
82.3(a), clause (1), (2), or (3), or section
82.4may apply for conditional reinstatement of the driver's license, subject to the ignition
82.5interlock restriction.
82.6(d) A program participant whose driver's license has been revoked, canceled, or
82.7denied under section
82.8subdivision 4, paragraph (a), clause (4), (5), or (6), or section
82.9clause
82.10interlock restriction, if the program participant is enrolled in a licensed chemical
82.11dependency treatment or rehabilitation program as recommended in a chemical use
82.12assessment, and if the participant meets the other applicable requirements of section
82.14program and one year of limited license use without violating the ignition interlock
82.15restriction, the conditions of limited license use, or program guidelines, the participant
82.16may apply for conditional reinstatement of the driver's license, subject to the ignition
82.17interlock restriction. If the program participant's ignition interlock device subsequently
82.18registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
82.19cancel the driver's license, and the program participant may apply for another limited
82.20license according to this paragraph.
82.21(e) Notwithstanding any statute or rule to the contrary, the commissioner has
82.22authority to determine when a program participant is eligible for restoration of full driving
82.23privileges, except that the commissioner shall not reinstate full driving privileges until the
82.24program participant has met all applicable prerequisites for reinstatement under section
82.26alcohol concentrations of 0.02 or higher during the preceding 90 days.
82.27EFFECTIVE DATE.This section is effective July 1, 2012.
82.28 Sec. 38. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
82.29to read:
82.30 Subd. 9. Pilot transportation project; alternative financing and investment. (a)
82.31The commissioner may select one pilot transportation project on the trunk highway system
82.32to implement the authority granted in this subdivision. In connection with the pilot project,
82.33the commissioner may enter into agreements with governmental or nongovernmental
82.34entities, including private and nonprofit entities, to finance or invest in the transportation
82.35project, including repayment agreements. An agreement under this subdivision is subject
83.1to (1) the availability of state money or other dedicated revenue or resources; and (2) the
83.2approval of the commissioner of management and budget.
83.3(b) The commissioner shall submit to the chairs and ranking minority members of
83.4the house of representatives and senate committees having jurisdiction over transportation
83.5policy and finance a report detailing agreements executed under this subdivision. The
83.6listing must identify each agreement, the contracting entities, the contract amounts and
83.7duration, and any repayment requirements. The listing may be submitted electronically,
83.8and is subject to section 3.195, subdivision 1.
83.9(c) The pilot project is subject to transportation planning, programming, and
83.10procurement requirements. Use of this subdivision must not result in the delay of any
83.11project programmed in the statewide transportation improvement program.
83.12(d) This subdivision does not preempt any other statute or provide new toll facility
83.13authority or design-build contracting authority.
83.14(e) Any repayment agreement under this subdivision must comply with all applicable
83.15debt and other financial policies and requirements.
83.16 Sec. 39. Minnesota Statutes 2010, section 174.56, is amended to read:
83.17174.56 REPORT ON MAJOR HIGHWAY PROJECTS AND TRUNK
83.18HIGHWAY FUND EXPENDITURES.
83.19 Subdivision 1. Report required. (a) The commissioner of transportation shall
83.20submit a report
83.21
83.22years or under construction or planned during the year of the report and for the ensuing 15
83.23years; and (2) trunk highway fund expenditures.
83.24(b) For purposes of this section, a "major highway project" is a highway project that
83.25has a total cost for all segments that the commissioner estimates at the time of the report to
83.26be at least (1)
83.27or (2)
83.28 Subd. 2. Report contents; major highway projects. For each major highway
83.29project the report must include:
83.30 (1) a description of the project sufficient to specify its scope and location;
83.31 (2) a history of the project, including, but not limited to, previous official actions
83.32by the department or the appropriate area transportation partnership, or both, the date on
83.33which the project was first included in the state transportation improvement plan, the cost
83.34of the project at that time, the planning estimate for the project, the engineer's estimate, the
83.35award price, the final cost as of six months after substantial completion, including any
84.1supplemental agreements and cost overruns or cost savings, the dates of environmental
84.2approval, the dates of municipal approval, the date of final geometric layout, and the date
84.3of establishment of any construction limits;
84.4 (3) the project's priority listing or rank within its construction district, if any, as
84.5well as the reasons for that listing or rank, the criteria used in prioritization or rank, any
84.6changes in that prioritization or rank since the project was first included in a department
84.7work plan, and the reasons for those changes;
84.8 (4) past and potential future reasons for delay in letting or completing the project,
84.9details of all project cost changes that exceed $500,000, and specific modifications to the
84.10overall program that are made as a result of delays and project cost changes;
84.11(5) two representative trunk highway construction projects, one each from the
84.12department's metropolitan district and from greater Minnesota, and for each project report
84.13the cost of environmental mitigation and compliance; and
84.14(6) the annual budget for products and services for each Department of
84.15Transportation district and office, with comparison to actual spending and including
84.16measures of productivity for the previous fiscal year.
84.17 Subd. 2a. Report contents; trunk highway fund expenditures. The commissioner
84.18shall include in the report information on the total expenditures from the trunk highway
84.19fund during the previous fiscal year, for each Department of Transportation district, in
84.20the following categories: road construction; planning; design and engineering; labor;
84.21compliance with environmental regulations; administration; acquisition of right-of-way,
84.22including costs for attorney fees and other compensation for property owners; litigation
84.23costs, including payment of claims, settlements, and judgments; maintenance; and road
84.24operations.
84.25 Subd. 3. Department resources. The commissioner shall prepare and submit the
84.26report with existing department staff and resources.
84.27EFFECTIVE DATE.This section is effective August 1, 2012, except that (1) the
84.28changes in subdivision 2, clause (2), apply to projects that are substantially completed
84.29on or after July 1, 2012; and (2) subdivision 2, clause (6), is effective beginning with the
84.30report due by December 15, 2013.
84.31 Sec. 40. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
84.32read:
84.33 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
84.34a waiver to a person who is not physically qualified to drive under Code of Federal
85.1Regulations, title 49, section
85.2this subdivision applies to intrastate transportation only.
85.3(b) A person who wishes to obtain a waiver under this subdivision must give the
85.4commissioner the following information:
85.5(1) the applicant's name, address, and telephone number;
85.6(2) the name, address, and telephone number of an employer coapplicant, if any;
85.7(3) a description of the applicant's experience in driving the type of vehicle to be
85.8operated under the waiver;
85.9(4) a description of the type of driving to be done under the waiver;
85.10(5) a description of any modifications to the vehicle the applicant intends to drive
85.11under the waiver that are designed to accommodate the applicant's medical condition or
85.12disability;
85.13(6) whether the applicant has been granted another waiver under this subdivision;
85.14(7) a copy of the applicant's current driver's license;
85.15(8) a copy of a medical examiner's certificate showing that the applicant is medically
85.16unqualified to drive unless a waiver is granted;
85.17(9) a statement from the applicant's treating physician that includes:
85.18(i) the extent to which the physician is familiar with the applicant's medical history;
85.19(ii) a description of the applicant's medical condition for which a waiver is necessary;
85.20(iii) assurance that the applicant has the ability and willingness to follow any course
85.21of treatment prescribed by the physician, including the ability to self-monitor or manage
85.22the medical condition; and
85.23(iv) the physician's professional opinion that the applicant's condition will not
85.24adversely affect the applicant's ability to operate a motor vehicle safely; and
85.25(10) any other information considered necessary by the commissioner including
85.26requiring a physical examination or medical report from a physician who specializes
85.27in a particular field of medical practice.
85.28(c) In granting a waiver under this subdivision, the commissioner may impose
85.29conditions the commissioner considers necessary to ensure that an applicant is able to
85.30operate a motor vehicle safely and that the safety of the general public is protected.
85.31(d) A person who is granted a waiver under this subdivision must:
85.32(1) at intervals specified in the waiver, give the commissioner periodic reports from
85.33the person's treating physician, or a medical specialist if the commissioner so requires in
85.34the waiver, that contain the information described in paragraph (b), clause (9), together
85.35with a description of any episode that involved the person's loss of consciousness or loss
85.36of ability to operate a motor vehicle safely; and
86.1(2) immediately report the person's involvement in an accident for which a report is
86.2required under section
86.3(e) The commissioner shall deny an application if, during the three years preceding
86.4the application:
86.5(1) the applicant's driver's license has been suspended under section
86.6paragraph (a), clauses (1) to (9), (11), and (12), canceled under section
86.7under section
86.8(2) the applicant has been convicted of a violation under section 171.24; or
86.9
86.10Code of Federal Regulations, title 49, section
86.11by reference.
86.12(f) The commissioner may deny an application or may immediately revoke a
86.13waiver granted under this subdivision. Notice of the commissioner's reasons for denying
86.14an application or for revoking a waiver must be in writing and must be mailed to
86.15the applicant's or waiver holder's last known address by certified mail, return receipt
86.16requested. A person whose application is denied or whose waiver is revoked is entitled to
86.17a hearing under chapter 14.
86.18(g) A waiver granted under this subdivision expires on the date of expiration shown
86.19on the medical examiner's certificate described in paragraph (b), clause (8).
86.20 Sec. 41. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
86.21 Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the
86.22purpose of rail service improvement and may incorporate funds available from the federal
86.23
86.24railroads, rail users, and the department, and may be political subdivisions of the state and
86.25the federal government. In such contracts, participation by all parties shall be voluntary.
86.26The commissioner may provide a portion of the money required to carry out the terms of
86.27any such contract by expenditure from the rail service improvement account.
86.28 Sec. 42. Minnesota Statutes 2010, section 222.51, is amended to read:
86.29222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
86.30The governing body of any political subdivision of the state may, with the approval
86.31of the commissioner, appropriate money for rail service improvement and may participate
86.32in the state rail service improvement program and
86.33
87.1 Sec. 43. Minnesota Statutes 2010, section 222.53, is amended to read:
87.2222.53 ACCEPTANCE OF FEDERAL MONEY.
87.3The commissioner may exercise those powers necessary for the state to qualify
87.4for, accept, and disburse any federal money
87.5
87.6(1) establish an adequate plan for rail service in the state as part of an overall
87.7planning process for all transportation services in the state, including a suitable process for
87.8updating, revising, and amending the plan;
87.9(2) administer and coordinate the plan with other state agencies, and provide for the
87.10equitable distribution of resources;
87.11(3) develop, promote, and support safe, adequate, and efficient rail transportation
87.12services; employ qualified personnel; maintain adequate programs of investigation,
87.13research, promotion, and development, with provisions for public participation; and take
87.14all practical steps to improve transportation safety and reduce transportation-related
87.15energy utilization and pollution;
87.16(4) adopt and maintain adequate procedures for financial control, accounting, and
87.17performance evaluation in order to assure proper use of state and federal money; and
87.18(5) do all things otherwise necessary to maximize federal assistance to the state
87.19
87.20 Sec. 44. Minnesota Statutes 2010, section 574.26, subdivision 1a, is amended to read:
87.21 Subd. 1a. Exemptions: certain manufacturers; commissioner of transportation;
87.22road maintenance. (a) Sections
87.23public transit buses that manufactures at least 100 public transit buses in a calendar year.
87.24For purposes of this section, "public transit bus" means a motor vehicle designed to
87.25transport people, with a design capacity for carrying more than 40 passengers, including
87.26the driver. The term "public transit bus" does not include a school bus, as defined in
87.27section
87.28(b) At the discretion of the commissioner of transportation, sections
87.30than
87.31or semipermanent installation of heavy machinery, fixtures, or other capital equipment to
87.32be used primarily for maintenance or repair.
87.33(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice
87.34removal, grading, or other similar routine road maintenance on town roads.
88.1EFFECTIVE DATE.This section is effective the day following final enactment.
88.2 Sec. 45. Minnesota Statutes 2010, section 574.26, subdivision 2, is amended to read:
88.3 Subd. 2. Terms. Except as provided in sections
88.4amount of the contract is
88.53, a contract with a public body for the doing of any public work is not valid unless the
88.6contractor gives (1) a performance bond to the public body with whom the contractor
88.7entered into the contract, for the use and benefit of the public body to complete the
88.8contract according to its terms, and conditioned on saving the public body harmless from
88.9all costs and charges that may accrue on account of completing the specified work, and
88.10(2) a payment bond for the use and benefit of all persons furnishing labor and materials
88.11engaged under, or to perform the contract, conditioned for the payment, as they become
88.12due, of all just claims for the labor and materials. Reasonable attorneys' fees, costs, and
88.13disbursements may be awarded in an action to enforce claims under the act if the action is
88.14successfully maintained or successfully appealed.
88.15EFFECTIVE DATE.This section is effective the day following final enactment.
88.16 Sec. 46. VARIANCE; SEAPLANE BASE.
88.17The commissioner of transportation shall grant a variance for Elbow Lake
88.18Municipal-Pride of the Prairie Airport, airport code Y63, to be licensed as a public
88.19seaplane base on Flekkefjord Lake. The commissioner shall establish conditions or
88.20limitations as may be necessary.
88.21EFFECTIVE DATE.This section is effective the day following final enactment.
88.22 Sec. 47. PAYNESVILLE AIRPORT.
88.23(a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner of
88.24transportation may enter into an agreement with the city of Paynesville to allow funds
88.25granted by the state to the city for land acquisition purposes for the marked Trunk
88.26Highway 23 bypass project to instead be used by June 30, 2015, as the state's share of
88.27funds for airport improvements and other aeronautical purposes at the city's airport.
88.28(b) Funds not spent pursuant to paragraph (a) by June 30, 2015, must be paid to the
88.29commissioner of transportation and deposited in the state airports fund.
88.30 Sec. 48. ADDITIONS TO REPORTS ON MAJOR HIGHWAY PROJECTS AND
88.31TRUNK HIGHWAY FUND EXPENDITURES.
89.1For 2013 and 2014 reports required under Minnesota Statutes, section 174.56, the
89.2commissioner of transportation shall include the results of evaluations of management
89.3systems currently used by the Department of Transportation. The evaluations must specify
89.4the extent to which the management of data in these systems is consistent with existing
89.5policies and the need for statewide, reliable, and verifiable information. The evaluations
89.6must be performed either by the department's office of internal audit or by an independent
89.7external auditor. The 2013 report must include the evaluation of construction management
89.8systems and the program and project management system. The 2014 report must include
89.9the evaluation of pavement management systems and bridge management systems.
89.10 Sec. 49. LEGISLATIVE REPORT ON SPEED VIOLATIONS ON DRIVING
89.11RECORD.
89.12By January 15, 2015, the commissioners of transportation and public safety shall
89.13jointly submit a report on recording speed limit violations on a person's driver record to the
89.14chairs and ranking minority members of the legislative committees with jurisdiction over
89.15transportation policy and finance. The report must include analysis based on empirical
89.16data of impacts on public safety, frequency of speeding, crash rates, travel time efficiency,
89.17travel time reliability, and data privacy that are directly or reasonably attributable to the
89.18change to Minnesota Statutes, section 171.12, subdivision 6, made by this act.
89.19 Sec. 50. REPEALER.
89.20(a) Minnesota Statutes 2010, sections 161.08, subdivision 2; 168.012, subdivision
89.211b; and 222.48, subdivision 3a, are repealed.
89.22(b) Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed effective
89.23July 1, 2012.
89.24 Sec. 51. EFFECTIVE DATE.
89.25Unless otherwise specified, this article is effective August 1, 2012."
89.26Delete the title and insert:
89.28relating to transportation; making appropriations; authorizing the sale and
89.29issuance of state bonds; modifying provisions governing transportation and
89.30public safety policies, including bicycles and bikeways, highways and bridges,
89.31motor vehicles, motor vehicle markings and equipment, traffic regulations,
89.32driver education, driver licensing, driver's license exemptions, DWI violations,
89.33alternative financing for transportation projects, contracting requirements, bus
89.34operations, railroads, motor carriers and commercial drivers, aeronautics and
89.35airports, state aid, traffic regulations and reports, vehicle titles, school buses,
89.36overweight vehicles, fuel tax and motor vehicle sales tax exemptions, and agency
89.37reporting and studies; providing for rulemaking; removing obsolete language;
90.1making technical and clarifying changes; repealing certain provisions;amending
90.2Minnesota Statutes 2010, sections 85.015, by adding a subdivision; 85.018,
90.3subdivisions 2, 4; 160.263, subdivision 2; 161.14, subdivision 66, by adding
90.4subdivisions; 161.3212; 162.02, subdivisions 2, 3; 162.081, subdivision 4;
90.5162.09, subdivisions 2, 3, 4; 162.13, subdivision 1; 162.155; 165.01; 165.03;
90.6168.002, subdivisions 19, 20; 168.012, subdivision 1, by adding a subdivision;
90.7168.013, subdivisions 1e, 3, 12, by adding a subdivision; 168A.03, subdivision
90.81; 168A.07, subdivision 1; 168B.011, subdivision 12; 169.011, subdivisions 4,
90.927, 44, 45; 169.035, subdivision 1, by adding a subdivision; 169.06, subdivisions
90.104, 5, 7; 169.09, subdivision 13; 169.19, subdivision 5; 169.222, subdivisions
90.114, 6, 7, by adding a subdivision; 169.223, subdivisions 1, 5; 169.306; 169.64,
90.12subdivision 2; 169.685, subdivisions 6, 7; 169.72, subdivision 1; 169.85,
90.13subdivision 2; 169.86, subdivisions 1, 4, by adding a subdivision; 169.865,
90.14subdivision 4; 169.872, subdivision 1a; 169.98, subdivisions 1, 3; 169.99,
90.15subdivision 1b; 169A.54, subdivisions 1, 6; 171.01, subdivision 41; 171.03;
90.16171.061, subdivision 4; 171.12, subdivision 6; 171.30, subdivision 1; 171.306,
90.17subdivision 4; 174.02, by adding a subdivision; 174.03, by adding a subdivision;
90.18174.56; 221.0314, subdivision 3a; 221.091, subdivision 2; 222.50, subdivision
90.194; 222.51; 222.53; 222.63, subdivision 9; 296A.07, subdivision 4; 296A.08,
90.20subdivision 3; 297A.68, subdivision 19; 299D.085, subdivision 2, by adding a
90.21subdivision; 299D.09; 473.39, by adding a subdivision; 574.26, subdivisions
90.221a, 2; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5;
90.23168.123, subdivision 1; 169.86, subdivision 5; 171.075, subdivision 1; 297B.03;
90.24Laws 2009, chapter 158, section 10; proposing coding for new law in Minnesota
90.25Statutes, chapters 160; 161; 171; 174; repealing Minnesota Statutes 2010,
90.26sections 161.08, subdivision 2; 168.012, subdivision 1b; 169A.54, subdivision
90.275; 222.48, subdivision 3a; Minnesota Rules, parts 8810.9000; 8810.9100;
90.288810.9200; 8810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700."