HF 3203

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; providing for permanent county state-aid highway
fund screening board; clarifying certification requirements for crane operators;
providing for age of driver transporting hazardous materials under federal
materials-of-trade regulation; repealing provision requiring distribution of rules
by mail; amending Minnesota Statutes 2004, sections 162.07, subdivision 5;
221.033, by adding a subdivision; Minnesota Statutes 2005 Supplement, section
182.6525, subdivision 2; repealing Minnesota Statutes 2004, section 360.015,
subdivision 16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 162.07, subdivision 5, is amended to read:

Subd. 5.

Screening board.

(a) On or before September 1 of each year the county
engineer of each county shall forward to the commissioner, on forms prepared by the
commissioner, all information relating to the mileage, in lane-miles, of the county state-aid
highway system in the county, and the money needs of the county that the commissioner
deems necessary in order to apportion the county state-aid highway fund in accordance
with the formula heretofore set forth. Upon receipt of the information the commissioner
shall appoint a board consisting of the following county engineers:

(1) two county engineers from the metropolitan highway construction district;

(2) one county engineer from each nonmetropolitan highway district; and

(3) one additional county engineer from each county with a population of 175,000
or more.

No county engineer shall be appointed under clause (1) or (2) so as to serve consecutively
for more than four years. The board shall investigate and review the information submitted
by each county and shall on or before the first day of November of each year submit its
findings and recommendations in writing as to each county's lane-mileage and money
needs to the commissioner on a form prepared by the commissioner. Final determination
of the lane-mileage of each system and the money needs of each county shall be made by
the commissioner.

(b) Notwithstanding section 15.059, subdivision 5, the committee deleted text begin expires June
30, 2006 deleted text end new text begin does not expire new text end .

Sec. 2.

Minnesota Statutes 2005 Supplement, section 182.6525, subdivision 2, is
amended to read:

Subd. 2.

Exceptions.

The requirements of subdivision 1 do not apply to:

(1) a crane operator trainee or apprentice, if the individual is under the direct
supervision of a crane operator who holds a valid crane operator certificate as required in
subdivision 1;

(2) a person directly employed by a class 1 or 2 railroad who is qualified by the
employing railroad as a crane operator or boom truck operator while performing work on
property owned, leased, or controlled by the employing railroad;

(3) a person who is employed by new text begin a state agency while performing transportation
maintenance new text end or new text begin is employed by or new text end performing work for a public utility, rural electric
cooperative, municipality, telephone company, or industrial manufacturing plant;

(4) a person who is subject to inspection and regulation under the Mine Safety and
Health Act, United States Code, title 30, sections 801 through 962;

(5) a person engaged in boating, fishing, agriculture, or arboriculture;

(6) a person who is a member of and performing work for a uniformed service or
who is a member of and performing work for the United States Merchant Marine;

(7) a person who is operating a crane for personal use on premises owned or leased
by that person; and

(8) a person who is operating a crane in an emergency situation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2004, section 221.033, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Age of driver under federal materials-of-trade regulation. new text end

new text begin A driver
of a self-propelled or towed motor vehicle having a gross vehicle weight rating or gross
combination weight rating, or gross vehicle weight or gross combination weight, of less
than 10,001 pounds and transporting no hazardous material other than materials of trade,
as defined in Code of Federal Regulations, title 49, section 171.8, must be at least 18
years of age. This subdivision does not apply unless the transportation conforms to the
requirements of Code of Federal Regulations, title 49, section 173.6.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 360.015, subdivision 16, new text end new text begin is repealed.
new text end