HF 928

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to transportation; including pedestrian and bicycle components in
1.3bridge improvement program; removing sunset of corporate deputy registrars;
1.4authorizing deputy registrars to collect surcharges on credit card transactions;
1.5amending eligibility for impounded vehicle contents retrieval; removing
1.6four-hour towing waiting period; imposing petty misdemeanor for blocking
1.7intersection; allowing certain GPS and safety-tracking devices on windshields;
1.8providing for enhanced driver's license; modifying driving after suspension
1.9provisions; expanding DWI ignition interlock device pilot program; modifying
1.10transportation department goals; requiring feasibility study of transit service in
1.11Little Crow and Sioux Trail transit ways; establishing council on transportation
1.12access; identifying commissioner of transportation duties for passenger rail;
1.13adding members to commuter rail corridor coordinating committee; requiring
1.14commissioner to apply for railroad safety technology grants; regulating motor
1.15carriers of railroad employees; authorizing governor to adjust fuel content
1.16requirement for metro transit buses in cold weather; requiring commissioner of
1.17transportation to submit certain environmental impact statements; prohibiting
1.18imposition of seasonal load restrictions; requiring feasibility study of commuter
1.19rail in Sioux Trail Line; directing commissioner of transportation to study
1.20mandatory 24-hour vehicle lighting; requiring report; authorizing rulemaking;
1.21amending Minnesota Statutes 2008, sections 161.14, by adding a subdivision;
1.22165.14, subdivisions 4, 5; 168.33, subdivisions 2, 7; 168B.06, subdivision 1;
1.23168B.07, subdivision 3; 169.041, subdivision 5; 169.13, by adding a subdivision;
1.24169.15; 169.71, subdivision 1; 169A.275, subdivision 7; 171.01, by adding
1.25subdivisions; 171.04, by adding a subdivision; 171.06, subdivisions 1, 2, 3, 6;
1.26171.07, subdivision 3, by adding subdivisions; 171.071, by adding a subdivision;
1.27171.18, subdivision 1; 171.24, by adding a subdivision; 171.306, subdivisions
1.281, 3; 174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.03, subdivision 1b;
1.29174.86, subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision;
1.30239.77, by adding a subdivision; 514.18, subdivision 1a; proposing coding for
1.31new law in Minnesota Statutes, chapters 174; 221; repealing Minnesota Statutes
1.322008, sections 13.721, subdivision 4; 169.041, subdivisions 3, 4; 221.0355,
1.33subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.
1.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1    Section 1. Minnesota Statutes 2008, section 161.14, is amended by adding a
2.2subdivision to read:
2.3    Subd. 64. Granite City Crossing. The bridge over the Mississippi River on marked
2.4Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner
2.5of transportation shall adopt a suitable design to mark this bridge and erect appropriate
2.6signs, subject to section 161.139.

2.7    Sec. 2. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
2.8    Subd. 4. Prioritization of bridge projects. (a) The commissioner shall classify all
2.9bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
2.10the commissioner identifies a reason for proceeding otherwise, before commencing bridge
2.11projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
2.12be selected and funded in the approved state transportation improvement program, at
2.13any stage in the project development process, solicited for bids, in contract negotiation,
2.14under construction, or completed.
2.15    (b) The classification of each tier is as follows:
2.16    (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
2.17count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
2.18identified by the commissioner as a priority project;
2.19    (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
2.20fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
2.21    (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
2.22    (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
2.23must be under contract for repair or replacement with a new bridge that contains a
2.24load-path-redundant design, except that a specific bridge may remain in continued service
2.25if the reasons are documented in the report required under subdivision 5.
2.26    (d) All bridge projects funded under this section in fiscal year 2010 or later must
2.27include bicycle and pedestrian accommodations if both sides of the bridge are located in a
2.28city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
2.29Bicycle and pedestrian accommodations would not be required if:
2.30(1) a comprehensive assessment demonstrates that there is an absence of need for
2.31bicycle and pedestrian accommodations for the life of the bridge; or
2.32(2) there is a reasonable alternative bicycle and pedestrian crossing within
2.33one-quarter mile of the bridge project.
2.34All bicycle and pedestrian accommodations should enable a connection to any existing
2.35bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian
3.1facilities must meet or exceed federal accessibility requirements as outlined in Title II of
3.2the Americans with Disabilities Act, codified in United States Code, title 42, chapter
3.3126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United
3.4States Code, title 29, section 794.
3.5(e) The commissioner shall establish criteria for determining the priority of bridge
3.6projects within each tier, and must include safety considerations as a criterion.

3.7    Sec. 3. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
3.8    Subd. 5. Statewide transportation planning report. In conjunction with each
3.9update to the Minnesota statewide transportation plan, or at least every six years, the
3.10commissioner shall submit a report to the chairs and ranking minority members of the
3.11house of representatives and senate committees with jurisdiction over transportation
3.12finance. The report must include:
3.13    (1) an explanation of the criteria and decision-making processes used to prioritize
3.14bridge projects;
3.15    (2) a historical and projected analysis of the extent to which all trunk highway
3.16bridges meet bridge performance targets and comply with the accessibility requirements
3.17of Title II of the Americans with Disabilities Act;
3.18    (3) a summary of bridge projects (i) completed in the previous six years or since the
3.19last update to the Minnesota statewide transportation plan, and (ii) currently in progress
3.20under the program;
3.21    (4) a summary of bridge projects scheduled in the next four fiscal years and included
3.22in the state transportation improvement program;
3.23    (5) a projection of annual needs over the next 20 years;
3.24    (6) a calculation of funding necessary to meet the completion date under subdivision
3.254, paragraph (c), compared to the total amount of bridge-related funding available; and
3.26    (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
3.27explanation of the reasons for repair instead of replacement.

3.28    Sec. 4. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
3.29    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause
3.30discontinue, a deputy registrar for any statutory or home rule charter city as the public
3.31interest and convenience may require, without regard to whether the county auditor of
3.32the county in which the city is situated has been appointed as the deputy registrar for the
3.33county or has been discontinued as the deputy registrar for the county, and without regard
4.1to whether the county in which the city is situated has established a county license bureau
4.2that issues motor vehicle licenses as provided in section 373.32.
4.3(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
4.4for any statutory or home rule charter city as the public interest and convenience may
4.5require, if the auditor for the county in which the city is situated chooses not to accept
4.6appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
4.7or if the county in which the city is situated has not established a county license bureau
4.8that issues motor vehicle licenses as provided in section 373.32. The individual appointed
4.9by the commissioner as a deputy registrar for any statutory or home rule charter city must
4.10be a resident of the county in which the city is situated.
4.11(c) The commissioner may appoint, and for cause discontinue, the county auditor of
4.12each county as a deputy registrar.
4.13(d) Despite any other provision, a person other than a county auditor or a director
4.14of a county license bureau, who was appointed by the registrar before August 1, 1976,
4.15as a deputy registrar for any statutory or home rule charter city, may continue to serve
4.16as deputy registrar and may be discontinued for cause only by the commissioner. The
4.17county auditor who appointed the deputy registrars is responsible for the acts of deputy
4.18registrars appointed by the auditor.
4.19(e) Each deputy, before entering upon the discharge of duties, shall take and
4.20subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
4.21(f) If a deputy registrar appointed under this subdivision is not an officer or employee
4.22of a county or statutory or home rule charter city, the deputy shall in addition give bond to
4.23the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
4.24conditioned upon the faithful discharge of duties as deputy registrar.
4.25(g) Until January 1, 2012, A corporation governed by chapter 302A may be
4.26appointed a deputy registrar. Upon application by an individual serving as a deputy
4.27registrar and the giving of the requisite bond as provided in this subdivision, personally
4.28assured by the individual or another individual approved by the commissioner, a
4.29corporation named in an application then becomes the duly appointed and qualified
4.30successor to the deputy registrar. The appointment of any corporation as a deputy registrar
4.31expires January 1, 2012. The commissioner shall appoint an individual as successor to
4.32the corporation as a deputy registrar. The commissioner shall appoint as the successor
4.33agent to a corporation whose appointment expires under this paragraph an officer of the
4.34corporation if the officer applies for appointment before July 1, 2012.
5.1(h) Each deputy registrar appointed under this subdivision shall keep and maintain
5.2office locations approved by the commissioner for the registration of vehicles and the
5.3collection of taxes and fees on vehicles.
5.4(i) The deputy registrar shall keep records and make reports to the commissioner as
5.5the commissioner requires. The records must be maintained at the offices of the deputy
5.6registrar. The records and offices of the deputy registrar must at all times be open to the
5.7inspection of the commissioner or the commissioner's agents. The deputy registrar shall
5.8report to the commissioner by the next working day following receipt all registrations
5.9made and taxes and fees collected by the deputy registrar.
5.10(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
5.11the place for which appointed or, if not a public official, a deputy shall retain the filing
5.12fee, but the registration tax and any additional fees for delayed registration the deputy
5.13registrar has collected the deputy registrar shall deposit by the next working day following
5.14receipt in an approved state depository to the credit of the state through the commissioner
5.15of finance. The place for which the deputy registrar is appointed through its governing
5.16body must provide the deputy registrar with facilities and personnel to carry out the duties
5.17imposed by this subdivision if the deputy is a public official. In all other cases, the deputy
5.18shall maintain a suitable facility for serving the public.

5.19    Sec. 5. Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read:
5.20    Subd. 7. Filing fees; allocations. (a) In addition to all other statutory fees and
5.21taxes, a filing fee of:
5.22(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate
5.23transactions; and
5.24(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate
5.25transactions;
5.26except that a filing fee may not be charged for a document returned for a refund or for
5.27a correction of an error made by the Department of Public Safety, a dealer, or a deputy
5.28registrar. The filing fee must be shown as a separate item on all registration renewal
5.29notices sent out by the commissioner. No filing fee or other fee may be charged for the
5.30permanent surrender of a title for a vehicle.
5.31(b) The statutory fees and taxes, and the filing fees imposed under paragraph (a) may
5.32be paid by credit card or debit card. The deputy registrar may collect a surcharge on the
5.33statutory fees, taxes, and filing fee not greater than the cost of processing a credit card
5.34or debit card transaction.
6.1(c) All of the fees collected under paragraph (a), clause (1), by the department, must
6.2be paid into the vehicle services operating account in the special revenue fund under
6.3section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department,
6.4$3.50 must be paid into the general fund with the remainder deposited into the vehicle
6.5services operating account in the special revenue fund under section 299A.705.
6.6EFFECTIVE DATE.This section is effective for fees collected on and after August
6.71, 2009.

6.8    Sec. 6. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
6.9    Subdivision 1. Written notice of impound. (a) When an impounded vehicle is
6.10taken into custody, the unit of government or impound lot operator taking it into custody
6.11shall give written notice of the taking within five days to the registered vehicle owner
6.12and any lienholders.
6.13    (b) The notice must:
6.14    (1) set forth the date and place of the taking;
6.15    (2) provide the year, make, model, and serial number of the impounded motor
6.16vehicle, if such information can be reasonably obtained, and the place where the vehicle
6.17is being held;
6.18    (3) inform the owner and any lienholders of their right to reclaim the vehicle under
6.19section 168B.07;
6.20    (4) state that failure of the owner or lienholders to:
6.21    (i) exercise their right to reclaim the vehicle within the appropriate time allowed
6.22under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in
6.23section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest
6.24in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
6.25pursuant to section 168B.08; or
6.26    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
6.27time allowed and under the conditions set forth in section 168B.07, subdivision 3,
6.28constitutes a waiver by them of all right, title, and interest in the contents and consent to
6.29sell or dispose of the contents under section 168B.08; and
6.30    (5) state that a vehicle owner who provides to the impound lot operator
6.31documentation from a government or nonprofit agency or legal aid office that the owner
6.32is homeless, receives relief based on need, or is eligible for legal aid services, or has a
6.33household income at or below 50 percent of state median income has the unencumbered
6.34right to retrieve any and all contents without charge.

7.1    Sec. 7. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
7.2    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:
7.3    (1) "contents" does not include any permanently affixed mechanical or
7.4nonmechanical automobile parts; automobile body parts; or automobile accessories,
7.5including audio or video players; and
7.6    (2) "relief based on need" includes, but is not limited to, receipt of MFIP
7.7and Diversionary Work Program, medical assistance, general assistance, general
7.8assistance medical care, emergency general assistance, Minnesota supplemental aid,
7.9MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
7.10assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
7.11working family tax credit.
7.12    (b) A unit of government or impound lot operator shall establish reasonable
7.13procedures for retrieval of vehicle contents, and may establish reasonable procedures to
7.14protect the safety and security of the impound lot and its personnel.
7.15    (c) At any time before the expiration of the waiting periods provided in section
7.16168B.051 , a registered owner who provides documentation from a government or
7.17nonprofit agency or legal aid office that the registered owner is homeless, receives relief
7.18based on need, or is eligible for legal aid services, or has a household income at or below
7.1950 percent of state median income has the unencumbered right to retrieve any and all
7.20contents without charge and regardless of whether the registered owner pays incurred
7.21charges or fees, transfers title, or reclaims the vehicle.

7.22    Sec. 8. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
7.23    Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, (a) A
7.24towing authority may not tow a motor vehicle because:
7.25(1) the vehicle has expired registration tabs that have been expired for less than
7.2690 days; or
7.27(2) the vehicle is at a parking meter on which the time has expired and the vehicle
7.28has fewer than five unpaid parking tickets.
7.29(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
7.30(1) the vehicle is parked in violation of snow emergency regulations;
7.31(2) the vehicle is parked in a rush-hour restricted parking area;
7.32(3) the vehicle is blocking a driveway, alley, or fire hydrant;
7.33(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking
7.34is prohibited;
8.1(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the
8.2stop sign;
8.3(6) the vehicle is parked in a disability transfer zone or disability parking space
8.4without a disability parking certificate or disability license plates;
8.5(7) the vehicle is parked in an area that has been posted for temporary restricted
8.6parking (A) at least 12 hours in advance in a home rule charter or statutory city having
8.7a population under 50,000, or (B) at least 24 hours in advance in another political
8.8subdivision;
8.9(8) the vehicle is parked within the right-of-way of a controlled-access highway or
8.10within the traveled portion of a public street when travel is allowed there;
8.11(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to
8.12use by fire, police, public safety, or emergency vehicles;
8.13(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul
8.14International Airport owned by the Metropolitan Airports Commission;
8.15(11) a law enforcement official has probable cause to believe that the vehicle is
8.16stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is
8.17reasonably necessary to obtain or preserve the evidence;
8.18(12) the driver, operator, or person in physical control of the vehicle is taken into
8.19custody and the vehicle is impounded for safekeeping;
8.20(13) a law enforcement official has probable cause to believe that the owner,
8.21operator, or person in physical control of the vehicle has failed to respond to five or more
8.22citations for parking or traffic offenses;
8.23(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs
8.24to use by taxicabs;
8.25(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked
8.26vehicle;
8.27(16) the vehicle is parked, on a school day during prohibited hours, in a school zone
8.28on a public street where official signs prohibit parking; or
8.29(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
8.30168B.011, and subject to immediate removal under chapter 168B.

8.31    Sec. 9. Minnesota Statutes 2008, section 169.13, is amended by adding a subdivision
8.32to read:
8.33    Subd. 4. Careless driving resulting in death. (a) A person who drives, operates, or
8.34halts a vehicle anywhere in this state, carelessly or heedlessly in disregard of the rights or
9.1safety of others, including the driver or passenger of the vehicle, which results in the death
9.2of any person is guilty of a gross misdemeanor.
9.3    (b) Notwithstanding section 609.035 or 609.04 or other law to the contrary, a
9.4prosecution for or a conviction, juvenile adjudication, or finding of a violation of this
9.5section is not a bar to a conviction, juvenile adjudication, finding of a violation, or
9.6punishment for any other crime, delinquent act, or juvenile petty offense as part of the
9.7same conduct.

9.8    Sec. 10. Minnesota Statutes 2008, section 169.15, is amended to read:
9.9169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.
9.10    Subdivision 1. Impeding traffic; drive at slow speed. No person shall drive a
9.11motor vehicle at such a slow speed as to impede or block the normal and reasonable
9.12movement of traffic except when reduced speed is necessary for safe operation or in
9.13compliance with law or except when the vehicle is temporarily unable to maintain a greater
9.14speed due to a combination of the weight of the vehicle and the grade of the highway.
9.15    Subd. 2. Intersection gridlock; stop or block traffic. No driver of a motor
9.16vehicle shall enter an intersection controlled by a semaphore until the vehicle is able to
9.17move completely through the intersection without impeding or blocking the subsequent
9.18movement of cross traffic, unless such movement is at the direction of a city-authorized
9.19traffic-control agent or a police officer or to facilitate passage of an authorized emergency
9.20vehicle. A violation of this subdivision does not constitute grounds for suspension or
9.21revocation of the violator's driver's license.
9.22EFFECTIVE DATE.This section is effective January 1, 2010, and applies to acts
9.23committed on or after that date.

9.24    Sec. 11. Minnesota Statutes 2008, section 169.71, subdivision 1, is amended to read:
9.25    Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or
9.26operate any motor vehicle with:
9.27(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;
9.28(2) any objects suspended between the driver and the windshield, other than:
9.29(i) sun visors and;
9.30(ii) rearview mirrors;
9.31(iii) driver feedback and safety-monitoring equipment when mounted immediately
9.32behind, slightly above, or slightly below the rearview mirror;
10.1(iv) global positioning systems or navigation systems when mounted or located near
10.2the bottommost portion of the windshield; and
10.3(v) electronic toll collection devices; or
10.4(3) any sign, poster, or other nontransparent material upon the front windshield,
10.5sidewings, or side or rear windows of the vehicle, other than a certificate or other paper
10.6required to be so displayed by law or authorized by the state director of the Division of
10.7Emergency Management or the commissioner of public safety.
10.8(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
10.9(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.

10.10    Sec. 12. Minnesota Statutes 2008, section 169A.275, subdivision 7, is amended to read:
10.11    Subd. 7. Exception. (a) A judge is not required to sentence a person as provided
10.12in this section if the judge requires the person as a condition of probation to drive only
10.13motor vehicles equipped with an ignition interlock device meeting the standards described
10.14in section 171.306.
10.15    (b) This subdivision expires July 1, 2009 2011.

10.16    Sec. 13. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
10.17to read:
10.18    Subd. 37a. Enhanced driver's license. "Enhanced driver's license" means a license,
10.19instruction permit, or provisional license, to operate a motor vehicle issued or issuable
10.20under the laws of this state by the commissioner of public safety that denotes citizenship
10.21and identity and contains technology and security features approved by the secretary of
10.22the United States Department of Homeland Security. An enhanced driver's license may be
10.23used in the same manner as a driver's license, instruction permit, or provisional license,
10.24and is approved by the secretary of the United States Department of Homeland Security
10.25for purposes of entering the United States. All provisions in this chapter relating to drivers'
10.26licenses, instruction permits, and provisional licenses, including cancellation, suspension,
10.27revocation, reinstatement, examination, restriction, expiration, renewal, and unlawful acts
10.28and violations, apply to an enhanced driver's license.

10.29    Sec. 14. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
10.30to read:
10.31    Subd. 37b. Enhanced identification card. "Enhanced identification card" means an
10.32identification card issued or issuable under the laws of this state by the commissioner of
10.33public safety that denotes citizenship and identity and contains technology and security
11.1features approved by the secretary of the United States Department of Homeland Security.
11.2An enhanced identification card may be used in the same manner as an identification card
11.3and is approved by the secretary of the United States Department of Homeland Security
11.4for purposes of entering the United States.

11.5    Sec. 15. Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision
11.6to read:
11.7    Subd. 3. Persons not eligible for enhanced driver's license. The department shall
11.8not issue an enhanced driver's license to any person who is:
11.9(1) under 16 years of age;
11.10(2) not a resident of this state;
11.11(3) not a citizen of the United States of America; or
11.12(4) described in subdivision 1, clauses (4) to (12), or (14).

11.13    Sec. 16. Minnesota Statutes 2008, section 171.06, subdivision 1, is amended to read:
11.14    Subdivision 1. Forms of application. Every application for a Minnesota
11.15identification card, for an enhanced identification card, for an instruction permit, for a
11.16provisional license, or for a driver's license, or for an enhanced driver's license must be
11.17made in a format approved by the department, and every application must be accompanied
11.18by the proper fee. All first-time applications and change-of-status applications must be
11.19signed in the presence of the person authorized to accept the application, or the signature
11.20on the application may be verified by a notary public. All applications requiring evidence
11.21of legal presence in the United States or United States citizenship must be signed in
11.22the presence of the person authorized to accept the application, or the signature on the
11.23application may be verified by a notary public.

11.24    Sec. 17. Minnesota Statutes 2008, section 171.06, subdivision 2, is amended to read:
11.25    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
11.26as follows:

11.27	Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
11.28	Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
11.29	Enhanced Driver's License		D-$37.25	C-$41.75	B-$48.25	A-$56.25
11.30	Instruction Permit					$10.25
11.31 11.32	Enhanced Instruction Permit					$25.25
11.33	Provisional License					$13.25
11.34 11.35	Enhanced Provisional License					$28.25
12.1 12.2 12.3	Duplicate License or duplicate identification card					$11.75
12.4 12.5 12.6 12.7	Enhanced Duplicate License or enhanced duplicate identification card					$26.75
12.8 12.9 12.10 12.11 12.12 12.13 12.14	Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25
12.15 12.16	Enhanced Minnesota identification card					$31.25

12.17    In addition to each fee required in this paragraph, the commissioner shall collect a
12.18surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
12.19credited to the driver and vehicle services technology account in the special revenue fund
12.20under section 299A.705.
12.21    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
12.22has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
12.23169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
12.24violations, and (3) convictions for moving violations that are not crash related, shall have a
12.25$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
12.26has the meaning given it in section 171.04, subdivision 1.
12.27    (c) In addition to the driver's license fee required under paragraph (a), the
12.28commissioner shall collect an additional $4 processing fee from each new applicant
12.29or individual renewing a license with a school bus endorsement to cover the costs for
12.30processing an applicant's initial and biennial physical examination certificate. The
12.31department shall not charge these applicants any other fee to receive or renew the
12.32endorsement.

12.33    Sec. 18. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:
12.34    Subd. 3. Contents of application; other information. (a) An application must:
12.35    (1) state the full name, date of birth, sex, and either (i) the residence address of the
12.36applicant, or (ii) designated address under section 5B.05;
12.37    (2) as may be required by the commissioner, contain a description of the applicant
12.38and any other facts pertaining to the applicant, the applicant's driving privileges, and the
12.39applicant's ability to operate a motor vehicle with safety;
12.40    (3) state:
13.1    (i) the applicant's Social Security number; or
13.2    (ii) if the applicant does not have a Social Security number and is applying for a
13.3Minnesota identification card, instruction permit, or class D provisional or driver's license,
13.4that the applicant certifies that the applicant does not have a Social Security number;
13.5    (4) in the case of an application for an enhanced driver's license or enhanced
13.6identification card, present:
13.7(i) proof satisfactory to the commissioner of the applicant's full legal name, United
13.8States citizenship, identity, date of birth, Social Security number, and residence address;
13.9and
13.10(ii) a photographic identity document;
13.11(5) contain a space where the applicant may indicate a desire to make an anatomical
13.12gift according to paragraph (b); and
13.13    (5) (6) contain a notification to the applicant of the availability of a living will/health
13.14care directive designation on the license under section 171.07, subdivision 7.
13.15    (b) If the applicant does not indicate a desire to make an anatomical gift when
13.16the application is made, the applicant must be offered a donor document in accordance
13.17with section 171.07, subdivision 5. The application must contain statements sufficient to
13.18comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
13.19Act, chapter 525A, so that execution of the application or donor document will make
13.20the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
13.21desire to make an anatomical gift. The application must be accompanied by information
13.22describing Minnesota laws regarding anatomical gifts and the need for and benefits of
13.23anatomical gifts, and the legal implications of making an anatomical gift, including the
13.24law governing revocation of anatomical gifts. The commissioner shall distribute a notice
13.25that must accompany all applications for and renewals of a driver's license or Minnesota
13.26identification card. The notice must be prepared in conjunction with a Minnesota organ
13.27procurement organization that is certified by the federal Department of Health and Human
13.28Services and must include:
13.29    (1) a statement that provides a fair and reasonable description of the organ donation
13.30process, the care of the donor body after death, and the importance of informing family
13.31members of the donation decision; and
13.32    (2) a telephone number in a certified Minnesota organ procurement organization that
13.33may be called with respect to questions regarding anatomical gifts.
13.34    (c) The application must be accompanied also by information containing relevant
13.35facts relating to:
13.36    (1) the effect of alcohol on driving ability;
14.1    (2) the effect of mixing alcohol with drugs;
14.2    (3) the laws of Minnesota relating to operation of a motor vehicle while under the
14.3influence of alcohol or a controlled substance; and
14.4    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
14.5for alcohol-related violations.

14.6    Sec. 19. Minnesota Statutes 2008, section 171.06, subdivision 6, is amended to read:
14.7    Subd. 6. Compliance with selective service system registration requirements.
14.8(a) By applying for an original, duplicate, or renewal instruction permit, provisional
14.9driver's license, driver's license, enhanced driver's license, commercial driver's license, or
14.10state identification card, or enhanced identification card, an applicant under the age of 26,
14.11who is a United States citizen or resident, consents to registration in compliance with the
14.12requirements of the Military Selective Service Act, United States Code, title 50, appendix,
14.13section 453. The application form must state that submission of the application constitutes
14.14consent to registration with the selective service system, if required by federal law.
14.15(b) The commissioner shall forward to the selective service system in an electronic
14.16format the necessary personal information required for registration of an applicant
14.17described in paragraph (a). If the applicant is under the age of 18, and the license or card
14.18to be issued will expire after the applicant's 18th birthday, then the commissioner shall
14.19forward the necessary information to the selective service system when the applicant
14.20reaches the age of 18.

14.21    Sec. 20. Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read:
14.22    Subd. 3. Identification card; fee. (a) Upon payment of the required fee, the
14.23department shall issue to every qualifying applicant a Minnesota identification card. The
14.24department may not issue a Minnesota identification card to an individual who has a
14.25driver's license, other than a limited license. The department may not issue an enhanced
14.26identification card to an individual who is under 16 years of age, not a resident of this
14.27state, or not a citizen of the United States of America. The card must bear a distinguishing
14.28number assigned to the applicant; a colored photograph or an electronically produced
14.29image of the applicant; the applicant's full name and date of birth; either (1) the licensee's
14.30residence address, or (2) the designated address under section 5B.05; a description of the
14.31applicant in the manner as the commissioner deems necessary; and the usual signature of
14.32the applicant.
14.33    (b) If the United States Postal Service will not deliver mail to the applicant's
14.34residence address as listed on the Minnesota identification card, then the applicant shall
15.1provide verification from the United States Postal Service that mail will not be delivered
15.2to the applicant's residence address and that mail will be delivered to a specified alternate
15.3mailing address. When an applicant provides an alternate mailing address under this
15.4subdivision, the commissioner shall use the alternate mailing address in lieu of the
15.5applicant's residence address for all notices and mailings to the applicant.
15.6    (c) Each identification card issued to an applicant under the age of 21 must be of a
15.7distinguishing color and plainly marked "Under-21."
15.8    (d) Each Minnesota identification card must be plainly marked "Minnesota
15.9identification card - not a driver's license."
15.10    (e) The fee for a Minnesota identification card is 50 cents when issued to a person
15.11who is developmentally disabled, as defined in section 252A.02, subdivision 2; a
15.12physically disabled person, as defined in section 169.345, subdivision 2; or, a person with
15.13mental illness, as described in section 245.462, subdivision 20, paragraph (c).

15.14    Sec. 21. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
15.15to read:
15.16    Subd. 9a. Security for enhanced driver's license and identification card. An
15.17enhanced driver's license or enhanced identification card must include reasonable security
15.18measures to prevent counterfeiting and to protect against unauthorized disclosure of
15.19personal information regarding residents of this state that is contained in the enhanced
15.20driver's license or enhanced identification card. The enhanced driver's license must include
15.21the best available anticounterfeit laminate technology. The enhanced driver's license or
15.22enhanced identification card may include radio frequency identification technology that
15.23is limited to a randomly assigned number, which must be encrypted if agreed to by the
15.24United States Department of Homeland Security and does not include biometric data
15.25or any information other than the citizenship status of the license holder or cardholder.
15.26The commissioner shall ensure that the radio frequency identification technology is
15.27secure from unauthorized data access. An applicant must sign an acknowledgment of
15.28understanding of the radio frequency identification technology and its use for the sole
15.29purpose of verifying United States citizenship before being issued an enhanced driver's
15.30license or an enhanced identification card.

15.31    Sec. 22. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
15.32to read:
16.1    Subd. 15. Enhanced driver's license and identification card. For purposes of this
16.2section, "license" includes "enhanced driver's license," and "identification card" includes
16.3"enhanced identification card."

16.4    Sec. 23. Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision
16.5to read:
16.6    Subd. 3. Exception. Subdivisions 1 and 2 do not apply to the commissioner's
16.7requirements pertaining to a photograph or electronically produced image on an enhanced
16.8driver's license or an enhanced identification card.

16.9    Sec. 24. Minnesota Statutes 2008, section 171.18, subdivision 1, is amended to read:
16.10    Subdivision 1. Offenses. (a) The commissioner may suspend the license of a driver
16.11without preliminary hearing upon a showing by department records or other sufficient
16.12evidence that the licensee:
16.13(1) has committed an offense for which mandatory revocation of license is required
16.14upon conviction;
16.15(2) has been convicted by a court for violating a provision of chapter 169 or
16.16an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
16.17department records show that the violation contributed in causing an accident resulting in
16.18the death or personal injury of another, or serious property damage;
16.19(3) is an habitually reckless or negligent driver of a motor vehicle;
16.20(4) is an habitual violator of the traffic laws;
16.21(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
16.22(6) has permitted an unlawful or fraudulent use of the license;
16.23(7) has committed an offense in another state that, if committed in this state, would
16.24be grounds for suspension;
16.25(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
16.26within five years of a prior conviction under that section;
16.27(9) has committed a violation of section 171.22, except that the commissioner may
16.28not suspend a person's driver's license based solely on the fact that the person possessed a
16.29fictitious or fraudulently altered Minnesota identification card;
16.30(10) has failed to appear in court as provided in section 169.92, subdivision 4;
16.31(11) has failed to report a medical condition that, if reported, would have resulted in
16.32cancellation of driving privileges;
16.33(12) has been found to have committed an offense under section 169A.33; or
17.1(13) has paid or attempted to pay a fee required under this chapter for a license or
17.2permit by means of a dishonored check issued to the state or a driver's license agent,
17.3which must be continued until the registrar determines or is informed by the agent that
17.4the dishonored check has been paid in full.
17.5However, an action taken by the commissioner under clause (2) or (5) must conform to
17.6the recommendation of the court when made in connection with the prosecution of the
17.7licensee.
17.8(b) Notwithstanding paragraph (a), section 171.16, subdivision 2, or any other law,
17.9the commissioner may not suspend the driver's license of an individual under paragraph
17.10(a) who was convicted of a violation of section 171.24, subdivision 1, whose license
17.11was under suspension at the time solely because of the individual's failure to appear in
17.12court or failure to pay a fine 1a.

17.13    Sec. 25. Minnesota Statutes 2008, section 171.24, is amended by adding a subdivision
17.14to read:
17.15    Subd. 1a. Driving after suspension for failure to appear or pay fines;
17.16misdemeanor. A person is guilty of a misdemeanor if:
17.17(1) the person's driver's license or driving privilege has been suspended for no reason
17.18other than unpaid fines or failure to appear in court;
17.19(2) the person has been given notice of or reasonably should know of the suspension;
17.20and
17.21(3) the person disobeys the order by operating in this state any motor vehicle, the
17.22operation of which requires a driver's license, while the person's license or privilege
17.23is suspended.

17.24    Sec. 26. Minnesota Statutes 2008, section 171.306, subdivision 1, is amended to read:
17.25    Subdivision 1. Pilot project established; reports. The commissioner shall conduct
17.26a statewide two-year ignition interlock device pilot project as provided in this section.
17.27The commissioner shall select one metropolitan county and one rural county to participate
17.28in the pilot project. The pilot project must begin on July 1, 2007 2009, and continue until
17.29June 30, 2009 2011. The commissioner shall submit two a preliminary reports report by
17.30February 1, 2008, and by December 1, 2008 September 30, 2010, and a final report by
17.31September 1 30, 2009 2011, to the chairs and ranking minority members of the senate and
17.32house of representatives committees having jurisdiction over criminal justice policy and
17.33funding. The reports must evaluate the successes and failures of the pilot project, provide
17.34information on participation rates, and make recommendations on continuing the project.

18.1    Sec. 27. Minnesota Statutes 2008, section 171.306, subdivision 3, is amended to read:
18.2    Subd. 3. Pilot project components. (a) Under the pilot project, the commissioner
18.3shall issue a driver's license to an individual whose driver's license has been revoked or
18.4canceled under: (1) chapter 169A for a repeat an impaired driving incident; (2) section
18.5169A.33 for underage drinking and driving; or (3) section 609.21 for criminal vehicular
18.6homicide or operation, if the person qualifies under this section and agrees to all of the
18.7conditions of the project.
18.8    (b) The commissioner must denote the person's driver's license record to indicate the
18.9person's participation in the program. The license must authorize the person to drive only
18.10vehicles having functioning ignition interlock devices conforming with the requirements
18.11of subdivision 2.
18.12    (c) Notwithstanding any statute or rule to the contrary, the commissioner has
18.13authority to and shall determine the appropriate period for which a person participating in
18.14the ignition interlock pilot program shall be subject to this program, and when the person
18.15is eligible to be issued:
18.16    (1) a limited driver's license subject to the ignition interlock restriction;
18.17    (2) full driving privileges subject to the ignition interlock restriction; and
18.18    (3) a driver's license without an ignition interlock restriction.
18.19    (d) A person participating in this pilot project shall agree to participate in any
18.20treatment recommended by a chemical use assessment.
18.21    (e) The commissioner shall determine guidelines for participation in the project.
18.22A person participating in the project shall sign a written agreement accepting these
18.23guidelines and agreeing to comply with them.
18.24    (f) It is a misdemeanor for a person who is licensed under this section for driving
18.25a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
18.26control of a motor vehicle other than a vehicle properly equipped with an ignition
18.27interlock device.
18.28(g) No driver's license, criminal, or probation violation sanction relating to positive
18.29alcohol tests may be assessed upon a participant, unless the device in use provides a
18.30method for positive identification of the individual providing the breath sample.

18.31    Sec. 28. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
18.32    Subdivision 1. Department created. In order to provide a balanced an integrated
18.33transportation system, including of aeronautics, highways, motor carriers, ports, public
18.34transit, railroads, and pipelines, and including facilities for walking and bicycling, a
18.35Department of Transportation is created. The department is the principal agency of the
19.1state for development, implementation, administration, consolidation, and coordination of
19.2state transportation policies, plans, and programs.

19.3    Sec. 29. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
19.4    Subd. 2. Transportation goals. The goals of the state transportation system are
19.5as follows:
19.6    (1) to provide safe transportation minimize fatalities and injuries for transportation
19.7users throughout the state;
19.8    (2) to provide multimodal and intermodal transportation that enhances mobility and
19.9economic development and provides access to all persons and businesses in Minnesota
19.10while ensuring that there is no facilities and services to increase access for all persons and
19.11businesses and to ensure economic well-being and quality of life without undue burden
19.12placed on any community;
19.13    (3) to provide a reasonable travel time for commuters;
19.14    (4) to enhance economic development and provide for the economical, efficient, and
19.15safe movement of goods to and from markets by rail, highway, and waterway;
19.16    (5) to encourage tourism by providing appropriate transportation to Minnesota
19.17facilities designed to attract tourists and to enhance the appeal, through transportation
19.18investments, of tourist destinations across the state;
19.19    (6) to provide transit services throughout to all counties in the state to meet the
19.20needs of transit users;
19.21    (7) to promote productivity accountability through system systematic management
19.22of system performance and productivity through the utilization of technological
19.23advancements;
19.24    (8) to maximize the long-term benefits received for each state transportation
19.25investment;
19.26    (9) to provide for and prioritize funding for of transportation investments that, at a
19.27minimum, preserves the transportation infrastructure ensures that the state's transportation
19.28infrastructure is maintained in a state of good repair;
19.29    (10) to ensure that the planning and implementation of all modes of transportation
19.30are consistent with the environmental and energy goals of the state;
19.31    (11) to promote and increase the use of high-occupancy vehicles and low-emission
19.32vehicles;
19.33    (12) to provide an air transportation system sufficient to encourage economic growth
19.34and allow all regions of the state the ability to participate in the global economy;
20.1    (13) to increase transit use of transit as a percentage of all trips statewide by giving
20.2highest priority to the transportation modes with the greatest people-moving capacity and
20.3lowest long-term economic and environmental cost;
20.4    (14) to promote and increase bicycling and walking as a percentage of all trips as an
20.5energy-efficient, nonpolluting, and healthful form healthy forms of transportation;
20.6    (15) to reduce greenhouse gas emissions from the state's transportation sector; and
20.7    (16) to accomplish these goals with minimal impact on the environment.

20.8    Sec. 30. [174.015] REDUCING VEHICLE MILES DRIVEN.
20.9    Subdivision 1. Definitions. "Per capita vehicle miles driven" means nonfreight
20.10motor vehicle miles traveled per person per calendar year.
20.11    Subd. 2. Reduction goal. In order to help achieve an overall reduction in
20.12greenhouse gas emissions in Minnesota, the commissioner of transportation shall
20.13implement, and facilitate the implementation by other public and private entities, policies
20.14that will have the goal of achieving by 2025 at least a 15 percent reduction from 2005
20.15levels of per capita vehicle miles driven. The implemented policies shall not mandate that
20.16persons within the meaning of section 645.44 reduce their vehicle miles traveled.

20.17    Sec. 31. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
20.18    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part
20.19of the department's mission that within the department's resources the commissioner
20.20shall endeavor to:
20.21    (1) prevent the waste or unnecessary spending of public money;
20.22    (2) use innovative fiscal and human resource practices to manage the state's
20.23resources and operate the department as efficiently as possible;
20.24    (3) minimize the degradation of air and, water quality, and the climate, including
20.25reduction in greenhouse gas emissions;
20.26    (4) coordinate the department's activities wherever appropriate with the activities
20.27of other governmental agencies;
20.28    (5) use technology where appropriate to increase agency productivity, improve
20.29customer service, increase public access to information about government, and increase
20.30public participation in the business of government;
20.31    (6) utilize constructive and cooperative labor-management practices to the extent
20.32otherwise required by chapters 43A and 179A;
21.1    (7) report to the legislature on the performance of agency operations and the
21.2accomplishment of agency goals in the agency's biennial budget according to section
21.316A.10, subdivision 1 ; and
21.4    (8) recommend to the legislature appropriate changes in law necessary to carry out
21.5the mission and improve the performance of the department.

21.6    Sec. 32. Minnesota Statutes 2008, section 174.03, subdivision 1b, is amended to read:
21.7    Subd. 1b. Statewide freight and passenger rail plan. (a) The commissioner shall
21.8develop a comprehensive statewide freight and passenger rail plan to be included and
21.9revised as a part of the statewide transportation plan. The plan must include a study on
21.10the feasibility of establishing commuter transit service in: the Little Crow Transit Way,
21.11along or near marked Trunk Highway 12 between Willmar and downtown Minneapolis,
21.12and the Sioux Trail Transit Way, along or near marked Trunk Highway 13 between
21.13Shakopee and St. Paul.
21.14    (b) Before the initial version of the plan is adopted, the commissioner shall provide a
21.15copy for review and comment to the chairs and ranking minority members of the senate
21.16and house of representatives committees with jurisdiction over transportation policy and
21.17finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision
21.18of the statewide transportation plan, scheduled to be completed in calendar year 2009,
21.19prior to completion of the initial version of the comprehensive statewide freight and
21.20passenger rail plan.
21.21EFFECTIVE DATE.This section is effective the day following final enactment.

21.22    Sec. 33. [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
21.23    Subdivision 1. Council established. A Minnesota Council on Transportation
21.24Access is established to study, evaluate, oversee, and make recommendations to improve
21.25the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of
21.26transportation services provided to the transit public. "Transit public" means those persons
21.27who utilize public transit and those who, because of mental or physical disability, income
21.28status, or age are unable to transport themselves and are dependent upon others for
21.29transportation services.
21.30    Subd. 2. Duties of council. In order to accomplish the purposes in subdivision 1,
21.31the council shall adopt a biennial work plan that must incorporate the following activities:
21.32(1) compile information on existing transportation alternatives for the transit public,
21.33and serve as a clearinghouse for information on services, funding sources, innovations,
21.34and coordination efforts;
22.1(2) identify best practices and strategies that have been successful in Minnesota and
22.2in other states for coordination of local, regional, state, and federal funding and services;
22.3(3) establish statewide objectives for providing public transportation services for the
22.4transit public;
22.5(4) identify barriers prohibiting coordination and accessibility of public
22.6transportation services and aggressively pursue the elimination of those barriers;
22.7(5) develop and implement policies and procedures for coordinating local, regional,
22.8state, and federal funding and services for the transit public;
22.9(6) identify stakeholders in providing services for the transit public, and seek input
22.10from them concerning barriers and appropriate strategies;
22.11(7) establish guidelines for developing transportation coordination plans throughout
22.12the state;
22.13(8) encourage all state agencies participating in the council to purchase trips within
22.14the coordinated system;
22.15(9) facilitate the creation and operation of transportation brokerages to match
22.16riders to the appropriate service, promote shared dispatching, compile and disseminate
22.17information on transportation options, and promote regional communication;
22.18(10) encourage volunteer driver programs and recommend legislation to address
22.19liability and insurance issues;
22.20(11) establish minimum performance standards for delivery of services;
22.21(12) identify methods to eliminate fraud and abuse in special transportation services;
22.22(13) develop a standard method for addressing liability insurance requirements for
22.23transportation services purchased, provided, or coordinated;
22.24(14) design and develop a contracting template for providing coordinated
22.25transportation services;
22.26(15) develop an interagency uniform contracting and billing and accounting system
22.27for providing coordinated transportation services;
22.28(16) encourage the design and development of training programs for coordinated
22.29transportation services;
22.30(17) encourage the use of public school transportation vehicles for the transit public;
22.31(18) develop an allocation methodology that equitably distributes transportation
22.32funds to compensate units of government and all entities that provide coordinated
22.33transportation services;
22.34(19) identify policies and necessary legislation to facilitate vehicle sharing; and
23.1(20) advocate aggressively for eliminating barriers to coordination, implementing
23.2coordination strategies, enacting necessary legislation, and appropriating resources to
23.3achieve the council's objectives.
23.4    Subd. 3. Membership. (a) The council is comprised of the following 17 members:
23.5(1) two members of the senate, one from the majority party appointed by the
23.6majority leader, and one from the minority party, appointed by the minority leader;
23.7(2) two members of the house of representatives, one appointed by the speaker of the
23.8house and one appointed by the minority leader;
23.9(3) one representative from the Office of the Governor;
23.10(4) one representative from the Council on Disability;
23.11(5) one representative from the Minnesota Public Transit Association;
23.12(6) the commissioner of transportation or a designee;
23.13(7) the commissioner of human services or a designee;
23.14(8) the commissioner of health or a designee;
23.15(9) the chair of the Metropolitan Council or a designee;
23.16(10) the commissioner of education or a designee;
23.17(11) the commissioner of veterans affairs or a designee;
23.18(12) one representative from the Board on Aging;
23.19(13) the commissioner of employment and economic development or a designee;
23.20(14) the commissioner of commerce or a designee; and
23.21(15) the commissioner of finance or a designee.
23.22(b) All appointments required by paragraph (a) must be completed by August
23.231, 2009.
23.24(c) The commissioner of transportation or a designee shall convene the first meeting
23.25of the council within two weeks after the members have been appointed to the council.
23.26The members shall elect a chairperson from their membership at the first meeting.
23.27(d) The Department of Transportation and the Department of Human Services shall
23.28provide necessary staff support for the council.
23.29    Subd. 4. Report. By January 15 of each year, beginning in 2011, the council shall
23.30report its findings, recommendations, and activities to the governor's office and to the
23.31chairs and ranking minority members of the legislative committees with jurisdiction
23.32over transportation, health, and human services, and to the legislature as provided under
23.33section 3.195.
23.34    Subd. 5. Compensation. Members of the council shall receive compensation and
23.35reimbursement of expenses as provided in section 15.059, subdivision 3.
23.36    Subd. 6. Expiration. This section expires June 30, 2013.

24.1    Sec. 34. [174.638] DESIGN-BUILD CONTRACTING.
24.2The commissioner may utilize the design-build method of contracting, under
24.3sections 161.3410 to 161.3428, in connection with the planning, design, development,
24.4and construction of a high-speed passenger rail line connecting Chicago, La Crescent,
24.5Winona, Red Wing, and the Union Depot Concourse Multimodal Transit Hub, located in
24.6downtown St. Paul in the area south of Kellogg Boulevard and east of Jackson Street and
24.7the potential future connection to Minneapolis.

24.8    Sec. 35. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
24.9    Subd. 5. Commuter Rail Corridor Coordinating Committee. (a) A Commuter
24.10Rail Corridor Coordinating Committee shall be is established to advise the commissioner
24.11on issues relating to the alternatives analysis, environmental review, advanced corridor
24.12planning, preliminary engineering, final design, implementation method, construction of
24.13commuter rail, public involvement, land use, service, and safety. The Commuter Rail
24.14Corridor Coordinating Committee shall consist of:
24.15(1) one member representing each significant funding partner in whose jurisdiction
24.16the line or lines are located;
24.17(2) one member appointed by each county in which the corridors are located;
24.18(3) one member appointed by each city in which advanced corridor plans indicate
24.19that a station may be located;
24.20(4) two members appointed by the commissioner, one of whom shall be designated
24.21by the commissioner as the chair of the committee;
24.22(5) one member appointed by each metropolitan planning organization through
24.23which the commuter rail line may pass; and
24.24(6) one member appointed by the president of the University of Minnesota, if a
24.25designated corridor provides direct service to the university.; and
24.26(7) two members of labor organizations operating in, and with authority for, trains or
24.27rail yards or stations junctioning with freight and commuter rail lines on corridors, with
24.28one member appointed by the speaker of the house and the other member appointed by the
24.29senate Subcommittee on Committees of the Committee on Rules and Administration.
24.30(b) A joint powers board existing on April 1, 1999, consisting of local governments
24.31along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
24.32place of the committee.
24.33(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire.

25.1    Sec. 36. Minnesota Statutes 2008, section 219.01, is amended to read:
25.2219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
25.3(a) The track safety standards of the United States Department of Transportation and
25.4Federal Railroad Administration apply to railroad trackage and are the standards for the
25.5determination of unsafe trackage within the state.
25.6(b) The commissioner of transportation shall apply to the Federal Railroad
25.7Administration under Public Law 110-432, the Railroad Safety Enhancement Act of
25.82008 (the act), for (1) railroad safety technology grant funding available under section
25.9105 of the act and (2) development and installation of rail safety technology, including
25.10provision for switch position indicator signals in nonsignalized main track territory,
25.11under section 406 of the act. The commissioner shall respond and make application to
25.12the Federal Railroad Administration notice of funds availability under the Rail Safety
25.13Assurance Act in a timely manner and before the date of the program deadline to assure
25.14full consideration of the application. The commissioner shall (i) prioritize grant requests
25.15for the installation of switch indicator signals on all segments of nonsignalized track
25.16where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in
25.17each year after 2009 until all nonsignalized track territory in the state has switch indicator
25.18signals installed and in operation.
25.19(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit
25.20grant requests from all eligible railroads. The commissioner shall submit written notice to
25.21the chairs of the legislative committees with jurisdiction over transportation policy and
25.22finance of an acceptance by a class I or class II railroad of federal grant program funding
25.23for switch point indicator monitor systems.
25.24(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads
25.25shall provide all technical documentation requested by the commissioner and required by
25.26the Federal Railroad Administration for the applications under paragraph (b). Railroads
25.27are responsible for developing, acquiring, and installing all rail safety technology obtained
25.28under this section in accordance with requirements established by the Federal Railroad
25.29Administration.

25.30    Sec. 37. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
25.31to read:
25.32    Subd. 27a. Motor carrier of railroad employees. "Motor carrier of railroad
25.33employees" means a motor carrier engaged in the for-hire transportation of railroad
25.34employees of a class I or II common carrier, as defined in Code of Federal Regulations,
26.1title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
26.2a common carrier, as defined in section 218.011, subdivision 10.

26.3    Sec. 38. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
26.4    Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service"
26.5means a service provided by a person engaged in the for-hire transportation of passengers
26.6in a vehicle designed to transport seven or fewer persons, including the driver.
26.7(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
26.8vehicle passenger service" also includes for-hire transportation of persons who are certified
26.9by the Metropolitan Council to use special transportation service provided under section
26.10473.386 , in a vehicle designed to transport not more than 15 persons including the driver,
26.11that is equipped with a wheelchair lift and at least three wheelchair securement positions.
26.12(c) "Small vehicle passenger service" does not include a motor carrier of railroad
26.13employees.

26.14    Sec. 39. [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.
26.15(a) A motor carrier of railroad employees must meet the requirements specified in
26.16this section, is subject to section 221.291, and is otherwise exempt from the provisions
26.17of this chapter.
26.18(b) A vehicle operator for a motor carrier of railroad employees who transports
26.19passengers must:
26.20(1) have a valid driver's license under chapter 171; and
26.21(2) submit to a physical examination.
26.22(c) The carrier must implement a policy that provides for annual training and
26.23certification of the operator in:
26.24    (1) safe operation of the vehicle transporting railroad employees;
26.25    (2) knowing and understanding relevant laws, rules of the road, and safety policies;
26.26    (3) handling emergency situations;
26.27(4) proper use of seat belts;
26.28    (5) performance of pretrip and post-trip vehicle inspections, and inspection record
26.29keeping; and
26.30(6) proper maintenance of required records.
26.31(d) The carrier must:
26.32(1) perform a background check or background investigation of the operator;
26.33(2) annually verify the operator's driver's license;
27.1(3) document meeting the requirements in this subdivision, and maintain the file
27.2at the carrier's business location;
27.3(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
27.4of the seating capacity of the vehicle; and
27.5(5) maintain uninsured and underinsured coverage in a minimum amount of
27.6$1,000,000.
27.7If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
27.8employees, then the insurance requirements may be satisfied by either that party or the
27.9motor carrier, so long as the motor carrier is a named insured or additional insured under
27.10any policy.
27.11    (e) A person who sustains a conviction of violating section 169A.25, 169A.26,
27.12169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to
27.13169A.53 of the implied consent law, or who is convicted of or has their driver's license
27.14revoked under a similar statute or ordinance of another state, may not operate a vehicle
27.15under this subdivision for five years from the date of conviction. A person who sustains a
27.16conviction of a moving offense in violation of chapter 169 within three years of the first
27.17of three other moving offenses may not operate a vehicle under this subdivision for one
27.18year from the date of the last conviction. A person who has ever been convicted of a
27.19disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may
27.20not operate a vehicle under this subdivision.
27.21(f) An operator who sustains a conviction as described in paragraph (e) while
27.22employed by the carrier shall report the conviction to the carrier within ten days of the
27.23date of the conviction.
27.24(g) A carrier must implement a mandatory alcohol and controlled substance testing
27.25program as provided under sections 181.950 to 181.957 that consists of preemployment
27.26testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty
27.27testing, and follow-up testing.
27.28(h) A motor carrier of railroad employees shall not allow or require a driver to drive
27.29or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours
27.30of combined on-duty time and drive time since last obtaining eight consecutive hours of
27.31off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive
27.32days. After 24 hours off duty, a driver begins a new seven consecutive day period and
27.33on-duty time is reset to zero.
27.34(i) An operator who encounters an emergency and cannot, because of that
27.35emergency, safely complete a transportation assignment within the ten-hour maximum
27.36driving time permitted under paragraph (h), may drive for not more than two additional
28.1hours in order to complete that transportation assignment or to reach a place offering
28.2safety for the occupants of the vehicle and security for the transport motor vehicle, if the
28.3transportation assignment reasonably could have been completed within the ten-hour
28.4period absent the emergency.
28.5(j) A carrier shall maintain and retain for a period of six months accurate time
28.6records that show the time the driver reports for duty each day; the total number of hours
28.7of on-duty time for each driver for each day; the time the driver is released from duty each
28.8day; and the total number of hours driven each day.
28.9(k) For purposes of this subdivision, the following terms have the meanings given:
28.10(1) "conviction" has the meaning given in section 609.02; and
28.11(2) "on-duty time" means all time at a terminal, facility, or other property of a
28.12contract carrier or on any public property waiting to be dispatched. "On-duty time"
28.13includes time spent inspecting, servicing, or conditioning the vehicle.
28.14EFFECTIVE DATE.Paragraph (d), clause (5), is effective July 1, 2010.

28.15    Sec. 40. Minnesota Statutes 2008, section 239.77, is amended by adding a subdivision
28.16to read:
28.17    Subd. 3a. Executive order. (a) The governor may, by executive order, lower the
28.18minimum content requirement for fuel used in metro transit buses during any period
28.19of cold weather beginning and ending during the months of November to March. The
28.20minimum content requirement may not be set at a level lower than two percent.
28.21(b) An executive order issued under paragraph (a), is effective the day following
28.22the filing of a certified copy in the Office of the Secretary of State, and remains in effect
28.23until rescinded by order of the governor.

28.24    Sec. 41. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
28.25    Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle
28.26at the request of a law enforcement officer shall have a lien on the motor vehicle for the
28.27value of the storage and towing and the right to retain possession of the motor vehicle
28.28until the lien is lawfully discharged. This section does not apply to tows authorized
28.29in section 169.041, subdivision 4, clause (1) of vehicles parked in violation of snow
28.30emergency regulations.

28.31    Sec. 42. ENVIRONMENTAL IMPACT STATEMENT COMPLETION.
29.1By December 31, 2009, the commissioner of transportation shall submit the final
29.2environmental impact statement to the Federal Highway Administration in the United
29.3States Department of Transportation for any project:
29.4(1) that is a trunk highway construction or reconstruction project on a high-priority
29.5or medium-priority interregional corridor; and
29.6(2) for which an environmental impact statement was started before August 1, 2006.
29.7The commissioner shall perform this duty within existing appropriations that are
29.8allocated to District 7.
29.9EFFECTIVE DATE.This section is effective the day following final enactment.

29.10    Sec. 43. STUDY OF MANDATORY 24-HOUR VEHICLE LIGHTING.
29.11(a) The commissioner of public safety, in cooperation with the commissioner of
29.12transportation, shall study the mandatory 24-hour use of vehicle lighting by vehicles
29.13on public highways. The study must examine the experience of jurisdictions in this
29.14country, Canada, and the European Union, that require 24-hour display of vehicle lighting,
29.15including but not limited to:
29.16(1) environmental consequences;
29.17(2) crash prevention;
29.18(3) motorcycle, bicycle, and pedestrian safety;
29.19(4) cost to drivers; and
29.20(5) application to motorcycles.
29.21(b) By January 15, 2011, the commissioners of transportation and public safety shall
29.22report their findings and recommendations to the chairs and ranking minority members of
29.23the legislative committees with jurisdiction over transportation policy. The report must be
29.24made electronically and available in print only upon request.
29.25(c) The commissioners of public safety and transportation shall study and report
29.26under this section within current appropriations.

29.27    Sec. 44. DEADLINE FOR APPOINTMENTS TO COMMUTER RAIL
29.28CORRIDOR COORDINATING COMMITTEE.
29.29The appointing authorities for the new members provided in Minnesota Statutes,
29.30section 174.86, subdivision 5, shall complete their appointments no later than September
29.311, 2009.

29.32    Sec. 45. ECONOMIC RECOVERY FUNDS APPLICATION.
30.1The commissioner of transportation shall work in cooperation with the state of
30.2Wisconsin to prepare and submit timely application under the American Recovery and
30.3Reinvestment Act of 2009, Public Law 111-5, for grant funding relating to the planning,
30.4design, development, and construction of a high-speed passenger rail line connecting
30.5Chicago, La Crescent, Winona, Red Wing, and the Union Depot Concourse Multimodal
30.6Transit Hub, located in downtown St. Paul in the area south of Kellogg Boulevard and
30.7east of Jackson Street and the potential future connection to Minneapolis.

30.8    Sec. 46. AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION
30.9CARD.
30.10The commissioner of public safety shall enter into an agreement with the secretary
30.11of the United States Department of Homeland Security to develop an enhanced Minnesota
30.12driver's license and an enhanced Minnesota identification card to be designated by the
30.13secretary as acceptable documents to denote identity and citizenship for purposes of
30.14entering the United States at land and sea ports of entry upon implementation of section
30.157209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (United States
30.16Code, title 8, section 1185 Note).
30.17EFFECTIVE DATE.This section is effective the day following final enactment.

30.18    Sec. 47. RULEMAKING.
30.19The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100,
30.207410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or
30.21enhanced identification card must prove United States citizenship and otherwise comply
30.22with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The
30.23amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20.
30.24EFFECTIVE DATE.This section is effective the day following final enactment.

30.25    Sec. 48. REPEALER.
30.26(a) Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355,
30.27subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18, are repealed.
30.28(b) Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, are repealed.

30.29    Sec. 49. EFFECTIVE DATE.
30.30Sections 13 to 23 are effective June 1, 2009, for every enhanced driver's license and
30.31enhanced identification card that is issued on or after January 1, 2010.