HF 928

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to transportation; modifying various provisions related to transportation
or public safety; prohibiting certain acts; amending Minnesota Statutes 2008,
sections 161.14, subdivision 62, as added, by adding subdivisions; 168.33,
subdivision 2; 169.011, by adding a subdivision; 169.045; 169.15; 169.306;
169.71, subdivision 1; 171.12, subdivision 6; 174.86, subdivision 5; 221.012,
subdivision 38, by adding a subdivision; 221.0252, by adding a subdivision;
473.167, subdivision 2a; Laws 2008, chapter 287, article 1, section 122;
proposing coding for new law in Minnesota Statutes, chapters 160; 171; 174;
299C.

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

Section 1.

new text begin [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited activities. new text end

new text begin It is unlawful at rest areas to:
new text end

new text begin (1) dispose of travel-related trash and rubbish, except if depositing it in a designated
receptacle;
new text end

new text begin (2) dump household or commercial trash and rubbish into containers or anywhere
else on site;
new text end

new text begin (3) drain or dump refuse or waste from any trailer, recreational vehicle, or other
vehicle except where receptacles are provided and designated to receive the refuse or
waste;
new text end

new text begin (4) consume alcoholic beverages or possess open containers of alcoholic beverages,
except in accordance with section 169A.35, subdivision 6;
new text end

new text begin (5) remain for a period of over six hours, except (i) as provided under section
160.2721, and (ii) for an employee who is working at the rest area;
new text end

new text begin (6) make arrangements for camping at the rest area; or
new text end

new text begin (7) allow a motor vehicle or trailer to remain unattended, when no member of a
party or group travelling in association with the motor vehicle or trailer is also present
at the rest area.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Violation of this section is a petty misdemeanor, except that
violation of subdivision 1, clause (4), is a misdemeanor.
new text end

Sec. 2.

Minnesota Statutes 2008, section 161.14, subdivision 62, as added by Laws
2009, chapter 18, section 1, is amended to read:

Subd. 62.

Clearwater County Veterans Memorial Highway.

(a) The following
described route is designated the "Clearwater County Veterans Memorial Highway": that
portion of Legislative Route No. 168, marked on the effective date of this section as Trunk
Highway 200, from its intersection with Clearwater County State-Aid Highway deleted text begin 37 deleted text end new text begin 39 new text end to
its intersection with Legislative Route No. 169, marked on the effective date of this
section as Trunk Highway 92; and that portion of Route No. 169 to its intersection with
Clearwater County State-Aid Highway 5.

(b) The commissioner shall adopt a suitable marking design to mark this highway
and erect appropriate signs, subject to section 161.139.

Sec. 3.

Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:

new text begin Subd. 63. new text end

new text begin Veterans Memorial Highway. new text end

new text begin Legislative Route No. 31, signed as
Trunk Highway 200 as of the effective date of this section, from the border with North
Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The
commissioner shall adopt a suitable design to mark this highway and erect appropriate
signs, subject to section 161.139.
new text end

Sec. 4.

Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:

new text begin Subd. 64. new text end

new text begin Becker County Veterans Memorial Highway. new text end

new text begin Marked Trunk Highway
34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with
County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection
with County State-Aid Highway 33 to its intersection with County State-Aid Highway
39, is named and designated the "Becker County Veterans Memorial Highway." Subject
to section 161.139, the commissioner shall adopt a suitable marking design to mark this
highway and erect appropriate signs.
new text end

Sec. 5.

Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:

Subd. 2.

Deputy registrars.

(a) The commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule charter city as the public
interest and convenience may require, without regard to whether the county auditor of
the county in which the city is situated has been appointed as the deputy registrar for the
county or has been discontinued as the deputy registrar for the county, and without regard
to whether the county in which the city is situated has established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.

(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
for any statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
or if the county in which the city is situated has not established a county license bureau
that issues motor vehicle licenses as provided in section 373.32. The individual appointed
by the commissioner as a deputy registrar for any statutory or home rule charter city must
be a resident of the county in which the city is situated.

(c) The commissioner may appoint, and for cause discontinue, the county auditor of
each county as a deputy registrar.

(d) Despite any other provision, a person other than a county auditor or a director
of a county license bureau, who was appointed by the registrar before August 1, 1976,
as a deputy registrar for any statutory or home rule charter city, may continue to serve
as deputy registrar and may be discontinued for cause only by the commissioner. The
county auditor who appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.

(e) Each deputy, before entering upon the discharge of duties, shall take and
subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.

(f) If a deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in addition give bond to
the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
conditioned upon the faithful discharge of duties as deputy registrar.

(g) deleted text begin Until January 1, 2012, deleted text end A corporation governed by chapter 302A may be
appointed a deputy registrar. Upon application by an individual serving as a deputy
registrar and the giving of the requisite bond as provided in this subdivision, personally
assured by the individual or another individual approved by the commissioner, a
corporation named in an application then becomes the duly appointed and qualified
successor to the deputy registrar. deleted text begin The appointment of any corporation as a deputy registrar
expires January 1, 2012. The commissioner shall appoint an individual as successor to
the corporation as a deputy registrar. The commissioner shall appoint as the successor
agent to a corporation whose appointment expires under this paragraph an officer of the
corporation if the officer applies for appointment before July 1, 2012.
deleted text end

(h) Each deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles and the
collection of taxes and fees on vehicles.

(i) The deputy registrar shall keep records and make reports to the commissioner as
the commissioner requires. The records must be maintained at the offices of the deputy
registrar. The records and offices of the deputy registrar must at all times be open to the
inspection of the commissioner or the commissioner's agents. The deputy registrar shall
report to the commissioner by the next working day following receipt all registrations
made and taxes and fees collected by the deputy registrar.

(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
the place for which appointed or, if not a public official, a deputy shall retain the filing
fee, but the registration tax and any additional fees for delayed registration the deputy
registrar has collected the deputy registrar shall deposit by the next working day following
receipt in an approved state depository to the credit of the state through the commissioner
of finance. The place for which the deputy registrar is appointed through its governing
body must provide the deputy registrar with facilities and personnel to carry out the duties
imposed by this subdivision if the deputy is a public official. In all other cases, the deputy
shall maintain a suitable facility for serving the public.

Sec. 6.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 40a. new text end

new text begin Mini truck. new text end

new text begin (a) "Mini truck" means a motor vehicle that has four
wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an
internal combustion engine with a piston displacement capacity of 660 cubic centimeters
or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a
seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo
area or bed located at the rear of the vehicle; and was not originally manufactured to meet
federal motor vehicle safety standards required of motor vehicles in the Code of Federal
Regulations, title 49, sections 571.101 to 571.404, and successor requirements.
new text end

new text begin (b) A mini truck does not include:
new text end

new text begin (1) a neighborhood electric vehicle or a medium-speed electric vehicle; or
new text end

new text begin (2) a motor vehicle that meets or exceeds the regulations in the Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
new text end

Sec. 7.

Minnesota Statutes 2008, section 169.045, is amended to read:

169.045 SPECIAL VEHICLE USE ON ROADWAY.

Subdivision 1.

Designation of roadway, permit.

The governing body of any
county, home rule charter or statutory city, or town may by ordinance authorize the
operation of motorized golf carts, deleted text begin or deleted text end four-wheel all-terrain vehicles, new text begin or mini trucks, new text end on
designated roadways or portions thereof under its jurisdiction. Authorization to operate
a motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end is by permit only.
For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation-tired
vehicle with four low-pressure tires that is limited in engine displacement of less than 800
cubic centimeters and total dry weight less than 600 pounds new text begin , and a mini truck has the
meaning given in section 169.011, subdivision 40a new text end .

Subd. 2.

Ordinance.

The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may
be granted for a period of not to exceed one year, and may be annually renewed. A
permit may be revoked at any time if there is evidence that the permittee cannot safely
operate the motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end on the
designated roadways. The ordinance may require, as a condition to obtaining a permit,
that the applicant submit a certificate signed by a physician that the applicant is able to
safely operate a motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end on
the roadways designated.

Subd. 3.

Times of operation.

Motorized golf carts and four-wheel all-terrain
vehicles may only be operated on designated roadways from sunrise to sunset. They shall
not be operated in inclement weather or when visibility is impaired by weather, smoke, fog
or other conditions, or at any time when there is insufficient light to clearly see persons
and vehicles on the roadway at a distance of 500 feet.

Subd. 4.

Slow-moving vehicle emblem.

Motorized golf carts shall display
the slow-moving vehicle emblem provided for in section 169.522, when operated on
designated roadways.

Subd. 5.

Crossing intersecting highways.

The operator, under permit, of a
motorized golf cart deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end may cross any street or
highway intersecting a designated roadway.

Subd. 6.

Application of traffic laws.

Every person operating a motorized golf cart
deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end under permit on designated roadways has
all the rights and duties applicable to the driver of any other vehicle under the provisions
of this chapter, except when those provisions cannot reasonably be applied to motorized
golf carts deleted text begin or deleted text end new text begin , new text end four-wheel all-terrain vehicles new text begin , or mini trucks new text end and except as otherwise
specifically provided in subdivision 7.

Subd. 7.

Nonapplication of certain laws.

The provisions of chapter 171 new text begin are
applicable to persons operating mini trucks new text end , new text begin but new text end are not applicable to persons operating
motorized golf carts or four-wheel all-terrain vehicles under permit on designated
roadways pursuant to this section. Except for the requirements of section 169.70, the
provisions of this chapter relating to equipment on vehicles deleted text begin is deleted text end new text begin are new text end not applicable to
motorized golf carts or four-wheel all-terrain vehicles operating, under permit, on
designated roadways.

Subd. 8.

Insurance.

In the event persons operating a motorized golf cart deleted text begin or deleted text end new text begin ,
new text end four-wheel, all-terrain vehicle new text begin , or mini truck new text end under this section cannot obtain liability
insurance in the private market, that person may purchase automobile insurance, including
no-fault coverage, from the Minnesota Automobile deleted text begin Assigned Risk deleted text end new text begin Insurance new text end Plan new text begin under
sections 65B.01 to 65B.12 new text end at a rate to be determined by the commissioner of commerce.

Sec. 8.

Minnesota Statutes 2008, section 169.045, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Required equipment on mini trucks. new text end

new text begin Notwithstanding sections 169.48
to 169.68, or any other law, a mini truck may be operated under permit on designated
roadways if it is equipped with:
new text end

new text begin (1) at least two headlamps;
new text end

new text begin (2) at least two taillamps;
new text end

new text begin (3) front and rear turn-signal lamps;
new text end

new text begin (4) an exterior mirror mounted on the driver's side of the vehicle and either (i) an
exterior mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror;
new text end

new text begin (5) a windshield;
new text end

new text begin (6) a seat belt for the driver and front passenger; and
new text end

new text begin (7) a parking brake.
new text end

Sec. 9.

Minnesota Statutes 2008, section 169.15, is amended to read:

169.15 IMPEDING TRAFFIC new text begin ; INTERSECTION GRIDLOCK new text end .

new text begin Subdivision 1. new text end

new text begin Impeding traffic; drive at slow speed. new text end

No person shall drive a
motor vehicle at such a slow speed as to impede or block the normal and reasonable
movement of traffic except when reduced speed is necessary for safe operation or in
compliance with law or except when the vehicle is temporarily unable to maintain a greater
speed due to a combination of the weight of the vehicle and the grade of the highway.

new text begin Subd. 2. new text end

new text begin Intersection gridlock; stop or block traffic. new text end

new text begin No driver of a motor
vehicle shall enter an intersection until the vehicle is able to move completely through
the intersection without impeding or blocking the subsequent movement of cross traffic,
unless such movement is at the direction of a city-authorized traffic-control agent or a
police officer or to facilitate passage of an authorized emergency vehicle. A violation of
this subdivision does not constitute grounds for suspension or revocation of the violator's
driver's license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to
violations committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2008, section 169.306, is amended to read:

169.306 USE OF SHOULDERS BY BUSES.

(a) The commissioner of transportation deleted text begin may deleted text end new text begin is authorized to new text end permit the use by transit
buses and Metro Mobility buses of a shoulder new text begin , as designated by the commissioner, new text end of a
freeway or expressway, as defined in section 160.02, deleted text begin in the seven-county metropolitan
area deleted text end new text begin in Minnesota new text end .

(b) If the commissioner permits the use of a freeway or expressway shoulder by
transit buses, the commissioner shall deleted text begin also deleted text end permit the use on that shoulder of a bus new text begin (1) new text end with
a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
as defined in section 221.012, subdivision 26, while operating in intrastate commerce new text begin or
(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or
Metro Mobility services, and operated by or under contract with the Metropolitan Council,
a local transit authority, or a transit authority created by the legislature. Drivers of these
buses must have adequate training in the requirements of paragraph (c), as determined by
the commissioner new text end .

(c) Buses authorized to use the shoulder under this section may be operated on the
shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
buses being operated on the shoulder may not exceed the speed of main-line traffic by
more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
being operated on the shoulder must yield to merging, entering, and exiting traffic and
must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
registered with the Department of Transportation.

(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:

(1) operated by deleted text begin the Metropolitan Council, or operated by deleted text end new text begin or under contract with new text end a
public or private entity receiving financial assistance new text begin to provide transit services new text end from the
Metropolitan Council new text begin or the commissioner of transportation new text end ; and

(2) authorized by the deleted text begin council deleted text end new text begin commissioner new text end to use freeway or expressway shoulders.

(e) This section does not apply to the operation of buses on dynamic shoulder lanes.

Sec. 11.

Minnesota Statutes 2008, section 169.71, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions generally; exceptions.

(a) A person shall not drive or
operate any motor vehicle with:

(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;

(2) any objects suspended between the driver and the windshield, other than new text begin :
new text end

new text begin (i) new text end sun visors deleted text begin and deleted text end new text begin ; new text end

new text begin (ii) new text end rearview mirrors new text begin ;
new text end

new text begin (iii) global positioning systems or navigation systems when mounted or located near
the bottommost portion of the windshield; new text end and

new text begin (iv) new text end electronic toll collection devices; or

(3) any sign, poster, or other nontransparent material upon the front windshield,
sidewings, or side or rear windows of the vehicle, other than a certificate or other paper
required to be so displayed by law or authorized by the state director of the Division of
Emergency Management or the commissioner of public safety.

(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.

(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.

Sec. 12.

Minnesota Statutes 2008, section 171.12, subdivision 6, is amended to read:

Subd. 6.

Certain convictions not recorded.

(a) Except as provided in paragraph
(b), the department shall not keep on the record of a driver any conviction for a violation
of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
than ten miles per hour in excess of deleted text begin a 55 miles per hour deleted text end new text begin the new text end speed limit deleted text begin , or more than five
miles per hour in excess of a 60 miles per hour speed limit deleted text end .

(b) This subdivision does not apply to (1) a violation that occurs in a commercial
motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
driver's license, without regard to whether the violation was committed in a commercial
motor vehicle or another vehicle.

Sec. 13.

new text begin [171.163] COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.
new text end

new text begin An agency, court, or public official in Minnesota shall not mask, defer imposition of
judgment, or allow an individual to enter into a diversion program that would prevent a
conviction for a violation of a state or local traffic control law, except a parking violation,
from appearing on the driving record of a holder of a commercial driver's license, when
the violation is committed in any type of motor vehicle, or on the driving record of an
individual who committed the violation in a commercial motor vehicle.
new text end

Sec. 14.

new text begin [174.632] PASSENGER RAIL; COMMISSIONER'S DUTIES.
new text end

new text begin If the commissioner undertakes planning, design, construction, operation, or
maintenance of passenger rail, the commissioner shall preserve all railroad employee
rights under the Railway Labor Act, Federal Employers Liability Act, and Railroad
Retirement and Unemployment Insurance Act, and federal railroad safety, occupational
safety, and health laws.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:

Subd. 5.

Commuter Rail Corridor Coordinating Committee.

(a) A Commuter
Rail Corridor Coordinating Committee deleted text begin shall be deleted text end new text begin is new text end established to advise the commissioner
on issues relating to the alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation method, construction of
commuter rail, public involvement, land use, service, and safety. The Commuter Rail
Corridor Coordinating Committee shall consist of:

(1) one member representing each significant funding partner in whose jurisdiction
the line or lines are located;

(2) one member appointed by each county in which the corridors are located;

(3) one member appointed by each city in which advanced corridor plans indicate
that a station may be located;

(4) two members appointed by the commissioner, one of whom shall be designated
by the commissioner as the chair of the committee;

(5) one member appointed by each metropolitan planning organization through
which the commuter rail line may pass; deleted text begin and
deleted text end

(6) one member appointed by the president of the University of Minnesota, if a
designated corridor provides direct service to the university deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) two members of labor organizations operating in, and with authority for, trains or
rail yards or stations junctioning with freight and commuter rail lines on corridors, with
one member appointed by the speaker of the house and the other member appointed by the
senate Rules and Administration Subcommittee on Committees.
new text end

(b) A joint powers board existing on April 1, 1999, consisting of local governments
along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
place of the committee.

(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire.

Sec. 16.

Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
to read:

new text begin Subd. 27a. new text end

new text begin Motor carrier of railroad employees. new text end

new text begin "Motor carrier of railroad
employees" means a motor carrier engaged in the for-hire transportation of railroad
employees of a class I or II common carrier, as defined in Code of Federal Regulations,
title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
a common carrier, as defined in section 218.011, subdivision 10.
new text end

Sec. 17.

Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:

Subd. 38.

Small vehicle passenger service.

(a) "Small vehicle passenger service"
means a service provided by a person engaged in the for-hire transportation of passengers
in a vehicle designed to transport seven or fewer persons, including the driver.

(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
vehicle passenger service" also includes for-hire transportation of persons who are certified
by the Metropolitan Council to use special transportation service provided under section
473.386, in a vehicle designed to transport not more than 15 persons including the driver,
that is equipped with a wheelchair lift and at least three wheelchair securement positions.

new text begin (c) "Small vehicle passenger service" does not include a motor carrier of railroad
employees.
new text end

Sec. 18.

Minnesota Statutes 2008, section 221.0252, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Motor carrier of railroad employees. new text end

new text begin (a) A motor carrier of railroad
employees must meet the requirements specified in this subdivision.
new text end

new text begin (b) A vehicle operator for a motor carrier of railroad employees who transports
passengers must:
new text end

new text begin (1) have a valid driver's license under chapter 171; and
new text end

new text begin (2) submit to a physical examination.
new text end

new text begin (c) The carrier must implement a policy that provides for annual training and
certification of the operator in:
new text end

new text begin (1) safe operation of the vehicle transporting railroad employees;
new text end

new text begin (2) knowing and understanding relevant laws, rules of the road, and safety policies;
new text end

new text begin (3) handling emergency situations;
new text end

new text begin (4) proper use of seat belts;
new text end

new text begin (5) performance of pretrip and post-trip vehicle inspections, and inspection record
keeping; and
new text end

new text begin (6) proper maintenance of required records.
new text end

new text begin (d) The carrier must:
new text end

new text begin (1) perform a background check or background investigation of the operator;
new text end

new text begin (2) annually verify the operator's driver's license;
new text end

new text begin (3) document meeting the requirements in this subdivision, and maintain the file
at the carrier's business location;
new text end

new text begin (4) maintain liability insurance in a minimum amount of $5,000,000 regardless
of the seating capacity of the vehicle; and
new text end

new text begin (5) maintain uninsured and underinsured coverage in a minimum amount of
$1,000,000.
new text end

new text begin If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
employees, then the insurance requirements may be satisfied by either that party or the
motor carrier, so long as the motor carrier is a named insured or additional insured under
any policy.
new text end

new text begin (e) A person who sustains a conviction of violating section 169A.25, 169A.26,
169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to
169A.53 of the implied consent law, or who is convicted of or whose driver's license is
revoked under a similar statute or ordinance of another state, may not operate a vehicle
under this subdivision for five years from the date of conviction. A person who sustains a
conviction of a moving offense in violation of chapter 169 within three years of the first
of three other moving offenses may not operate a vehicle under this subdivision for one
year from the date of the last conviction. A person who has ever been convicted of a
disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may
not operate a vehicle under this subdivision.
new text end

new text begin (f) An operator who sustains a conviction as described in paragraph (e) while
employed by the carrier shall report the conviction to the carrier within ten days of the
date of the conviction.
new text end

new text begin (g) A carrier must implement a mandatory alcohol and controlled substance testing
program as provided under sections 181.950 to 181.957 that consists of preemployment
testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty
testing, and follow-up testing.
new text end

new text begin (h) A motor carrier of railroad employees shall not allow or require a driver to drive
or remain on duty for more than ten hours after eight consecutive hours off duty, 15 hours
of combined on-duty time and drive time since last obtaining eight consecutive hours of
off-duty time, or 70 hours of on-duty and drive time in any period of eight consecutive
days. After 24 hours off duty, a driver begins a new seven-consecutive-day period and
on-duty time is reset to zero.
new text end

new text begin (i) An operator who encounters an emergency and cannot, because of that
emergency, safely complete a transportation assignment within the ten-hour maximum
driving time permitted under paragraph (h), may drive for not more than two additional
hours in order to complete that transportation assignment or to reach a place offering
safety for the occupants of the vehicle and security for the transport motor vehicle, if the
transportation assignment reasonably could have been completed within the ten-hour
period absent the emergency.
new text end

new text begin (j) A carrier shall maintain and retain for a period of six months accurate time
records that show the time the driver reports for duty each day; the total number of hours
of on-duty time for each driver for each day; the time the driver is released from duty each
day; and the total number of hours driven each day.
new text end

new text begin (k) For purposes of this subdivision, the following terms have the meanings given:
new text end

new text begin (1) "conviction" has the meaning given in section 609.02; and
new text end

new text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a
contract carrier or on any public property waiting to be dispatched. "On-duty time"
includes time spent inspecting, servicing, or conditioning the vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (d), clause (5), is effective July 1, 2010.
new text end

Sec. 19.

new text begin [299C.563] LIFESAVER PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program assistance. new text end

new text begin The commissioner of public safety shall
assist local law enforcement agencies with the development and implementation of
lifesaver rapid response programs designed to quickly find individuals with medical
conditions that cause wandering and result in many of these individuals becoming lost
and missing. The search and rescue program must electronically track a lost or missing
vulnerable senior citizen or an individual who is mentally impaired due to autism, Down
Syndrome, Alzheimer's disease, or other mental impairment that causes wandering. The
lifesaver program participant wears a small transmitter on the wrist to allow the local
law enforcement agency to electronically locate the participant, if necessary, using a
radio receiver. The commissioner shall promote the lifesaver program throughout the
state and serve as liaison to lifesaver programs developed and implemented by local
law enforcement agencies.
new text end

new text begin Subd. 2. new text end

new text begin Lifesaver advisory task force. new text end

new text begin (a) The commissioner of public safety
shall convene a voluntary lifesaver advisory task force to facilitate the development
and implementation of lifesaver programs by local law enforcement agencies. The
commissioner shall appoint at least five persons from various geographic areas of the state
to the voluntary task force. The task force must be composed of at least one member
experienced in an area of mental impairment, one member experienced in the area of law
enforcement, and one member experienced in the development of a lifesaver or similar
program. Members serve without compensation at the pleasure of the commissioner.
new text end

new text begin (b) The voluntary task force expires June 30, 2013.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The commissioner shall report to the house of
representatives and senate committees having jurisdiction over public safety by January
15, 2012, on the effectiveness of lifesaver programs developed and implemented by local
law enforcement agencies.
new text end

Sec. 20.

Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:

Subd. 2a.

deleted text begin Hardship deleted text end new text begin Loans for new text end acquisition and relocation.

(a) The council may
make deleted text begin hardship deleted text end loans to acquiring authorities within the metropolitan area to purchase
homestead property located in a proposed state trunk highway right-of-way or project,
and to provide relocation assistance. Acquiring authorities are authorized to accept the
loans and to acquire the property. Except as provided in this subdivision, the loans shall
be made as provided in subdivision 2. Loans shall be in the amount of the fair market
value of the homestead property plus relocation costs and less salvage value. Before
construction of the highway begins, the acquiring authority shall convey the property to
the commissioner of transportation at the same price it paid, plus relocation costs and less
its salvage value. Acquisition and assistance under this subdivision must conform to
sections 117.50 to 117.56.

(b) The council may make deleted text begin hardship deleted text end loans only when:

(1) the owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;

(2) federal or state financial participation is not available;

(3) the owner is unable to sell the homestead property at its appraised market
value because the property is located in a proposed state trunk highway right-of-way or
project as indicated on an official map or plat adopted under section 160.085, 394.361, or
462.359; new text begin and
new text end

(4) the council agrees to and approves the fair market value of the homestead
property, which approval shall not be unreasonably withheld deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (5) the owner of the homestead property is burdened by circumstances that constitute
a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
the owner's employer to a distant site of employment; or inability of the owner to maintain
the property due to physical or mental disability or the permanent departure of children
from the homestead.
deleted text end

(c) For purposes of this subdivision, the following terms have the meanings given
them.

(1) "Acquiring authority" means counties, towns, and statutory and home rule
charter cities in the metropolitan area.

(2) "Homestead property" means a single-family dwelling occupied by the owner,
and the surrounding land, not exceeding a total of ten acres.

(3) "Salvage value" means the probable sale price of the dwelling and other property
that is severable from the land if offered for sale on the condition that it be removed from
the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
of the possible uses of the property, including separate use of serviceable components and
scrap when there is no other reasonable prospect of sale.

Sec. 21.

Laws 2008, chapter 287, article 1, section 122, is amended to read:

Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD
EXTINGUISHMENT.

(a) Any extinguishment of town interest in a town road under Minnesota Statutes,
section 164.06, subdivision 2, is hereby nullified if:

(1) the interest was not recorded or filed with the county recorder but was recorded
or filed with the county auditor prior to 1972;

(2) the state or a political subdivision has constructed new text begin or funded new text end a road or bridge
improvement on a right-of-way affected by the interest;

(3) the affected road was the only means of access to a property;

(4) the extinguishment took place within the last ten years; and

(5) a person whose only access to property was lost because of the extinguishment
files a petition of a nullification with the town board stating that the person's property
became landlocked because of the extinguishment and that the road satisfies all of the
requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
recorded with the county auditor must be attached to the petition. The town shall file the
petition with the county auditor and record it with the county recorder.

(b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
541.023, for any nullification under paragraph (a), the affected road is hereby deemed to
be a cartway. No additional damages or other payments may be required other than those
paid at the time the fee interest was originally acquired and the order filed with the county
auditor. A cartway created by this paragraph may be converted to a private driveway
under Minnesota Statutes, section 164.08, subdivision 2.

(c) For purposes of this section, "affected road" means the road in which the town
board extinguished its interest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22. new text begin TRUNK HIGHWAY 19 CLOSURE IN NEW PRAGUE.
new text end

new text begin The commissioner of transportation shall annually authorize the city of New Prague
to close Route No. 100, signed as Trunk Highway 19 on the effective date of this section,
from the intersection with Route No. 13, signed as Trunk Highways 13 and 21 on the
effective date of this section, to 10th Avenue SE, located in the city of New Prague. The
closure under this section is limited to one weekend in the month of September of each
year, and is for the city's annual Dozinky Festival. The commissioner shall (1) establish
reasonable requirements for traffic flow, traffic control devices, and safety related to
implementation of an appropriate detour route; and (2) allow the road closure from 5:30
p.m. on Friday until 6:00 a.m. on Sunday.
new text end

Sec. 23. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 6 to 8 are effective August 1, 2009, and expire July 31, 2012.
new text end