HF 945

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

A bill for an act
relating to transportation; authorizing billing for
highway sign program and establishing special account;
modifying eligibility criteria for certain business
signs; modifying provisions relating to state-aid
highways and streets, traffic signals, and railroads
in quiet zones; removing expiration for commuter rail
corridor coordinating committee; appropriating money;
amending Minnesota Statutes 2004, sections 160.80,
subdivision 1a; 162.02, subdivisions 2, 3a; 162.06,
subdivision 2; 162.09, subdivisions 2, 3a; 162.14,
subdivision 6; 169.06, subdivisions 5, 6; 169.28,
subdivision 2; 174.86, subdivision 5; 219.166;
219.567; proposing coding for new law in Minnesota
Statutes, chapters 160; 162.

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

Section 1.

new text begin [160.298] HIGHWAY SIGN PROGRAM; BILLING,
ACCOUNT, APPROPRIATION.
new text end

new text begin The commissioner of transportation may bill highway
operations units of the department and local road authorities
for the costs of a centrally managed highway sign program.
These costs may include equipment acquisition and rental, labor,
materials, and other costs as determined by the commissioner.
Receipts must be credited to a special account, which is
established in the trunk highway fund, and are appropriated to
the commissioner to pay the costs for which the billings are
made. Amounts credited to the account are exempt from statewide
and agency indirect costs payments.
new text end

Sec. 2.

Minnesota Statutes 2004, section 160.80,
subdivision 1a, is amended to read:

Subd. 1a.

Eligibility criteria for business panels.

(a)
To be eligible for a business panel on a logo sign panel, a
business establishment must:

(1) be open for business;

(2) have a sign on site that both identifies the business
and is visible to motorists;

(3) be open to everyone, regardless of race, religion,
color, age, sex, national origin, creed, marital status, sexual
orientation, or disability;

(4) not impose a cover charge or otherwise require
customers to purchase additional products or services; and

(5) meet the appropriate criteria in paragraphs (b) to (e).

(b) Gas businesses must provide vehicle services including
fuel and oil; restroom facilities and drinking water;
continuous, staffed operation at least 12 hours a day, seven
days a week; and public access to a telephone.

(c) Food businesses must serve at least two meals a day
during normal mealtimes of breakfast, lunch, and dinner; provide
a continuous, staffed food service operation at least ten hours
a day, seven days a week except holidays as defined in section
645.44, subdivision 5, and except as provided for seasonal food
service businesses; provide seating capacity for at least 20
people; deleted text begin serve meals prepared on the premises; deleted text end and possess any
required state or local licensing or approval. deleted text begin Reheated,
prepackaged, ready-to-eat food is not "food prepared on the
premises." deleted text end Seasonal food service businesses must provide a
continuous, staffed food service operation at least ten hours a
day, seven days a week, during their months of operation.

(d) Lodging businesses must include sleeping
accommodations, provide public access to a telephone, and
possess any required state or local licensing or approval.

(e) Camping businesses must include sites for camping,
include parking accommodations for each campsite, provide
sanitary facilities and drinking water, and possess any required
state or local licensing or approval.

(f) Businesses that do not meet the appropriate criteria in
paragraphs (b) to (e) but that have a signed lease as of January
1, 1998, may retain the business panel until December 31, 2005,
or until they withdraw from the program, whichever occurs first,
provided they continue to meet the criteria in effect in the
department's contract with the logo sign vendor on August 1,
1995. After December 31, 2005, or after withdrawing from the
program, a business must meet the appropriate criteria in
paragraphs (a) to (e) to qualify for a business panel.

(g) Seasonal businesses must indicate to motorists when
they are open for business by either putting the full months of
operation directly on the business panel or by having a "closed"
plaque applied to the business panel when the business is closed
for the season.

(h) The maximum distance that an eligible business in
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
county can be located from the interchange is: for gas
businesses, one mile; for food businesses, two miles; for
lodging businesses, three miles; and for camping businesses, ten
miles.

(i) The maximum distance that an eligible business in any
other county can be located from the interchange shall not
exceed 15 miles in either direction.

(j) Logo sign panels must be erected so that motorists
approaching an interchange view the panels in the following
order: camping, lodging, food, gas.

(k) If there is insufficient space on a logo sign panel to
display all eligible businesses for a specific type of service,
the businesses closest to the interchange have priority over
businesses farther away from the interchange.

Sec. 3.

Minnesota Statutes 2004, section 162.02,
subdivision 2, is amended to read:

Subd. 2.

Rules; advisory committee.

(a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee deleted text begin which shall be deleted text end selected by the several
county boards acting through the officers of the statewide
association of county commissioners. The committee shall be
composed of nine members so selected that each member shall be
from a different state highway construction district. Not more
than five of the nine members of the committee shall be county
commissioners. The remaining members shall be county highway
engineers. In the event that agreement cannot be reached on any
rule, the commissioner's determination shall be final. The
rules shall be printed and copies deleted text begin thereof shall be deleted text end forwarded to
the county engineers of the several counties. new text begin For the purposes
of this section, the expedited process for adopting rules
established in section 14.389 may be used.
new text end

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

Sec. 4.

Minnesota Statutes 2004, section 162.02,
subdivision 3a, is amended to read:

Subd. 3a.

Variances from rules and engineering
standards.

The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.021 or 162.07, subdivision 2. A political subdivision in
which a county state-aid highway is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that highway. The commissioner shall publish
notice of the request in the State Register and give notice to
all persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within deleted text begin 20 deleted text end new text begin seven new text end days of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.

Sec. 5.

Minnesota Statutes 2004, section 162.06,
subdivision 2, is amended to read:

Subd. 2.

Administrative costs of department.

deleted text begin A sum of
1-1/2 deleted text end new text begin Two new text end percent deleted text begin shall deleted text end new text begin must new text end be deducted from the total amount
available in the county state-aid highway fund, set aside in a
separate account, and used for administrative costs incurred by
the state Transportation Department in carrying out the
provisions relating to the county state-aid highway system.

Sec. 6.

Minnesota Statutes 2004, section 162.09,
subdivision 2, is amended to read:

Subd. 2.

Rules; advisory committee.

(a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee deleted text begin which shall be deleted text end selected by the governing
bodies of such cities, acting through the officers of the
statewide association of municipal officials. The committee
shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in
addition one member from each city of the first class. Not more
than six members of the committee shall be elected officials of
the cities. The remaining members of the committee shall be
city engineers. In the event that agreement cannot be reached
on any rule the commissioner's determination shall be final.
The rules shall be printed and copies deleted text begin thereof shall be deleted text end forwarded
to the clerks and engineers of the cities. new text begin For the purposes of
this section, the expedited process for adopting rules
established in section 14.389 may be used.
new text end

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

Sec. 7.

Minnesota Statutes 2004, section 162.09,
subdivision 3a, is amended to read:

Subd. 3a.

Variances from rules and engineering
standards.

The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.13, subdivision 2. A political subdivision in which a
municipal state-aid street is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that street. The commissioner shall publish notice
of the request in the State Register and give notice to all
persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within deleted text begin 20 deleted text end new text begin seven new text end days of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.

Sec. 8.

Minnesota Statutes 2004, section 162.14,
subdivision 6, is amended to read:

Subd. 6.

Advances.

Any such city may make advances from
any funds available to it for the purpose of expediting the
construction, reconstruction, improvement, or maintenance of its
municipal state-aid street system deleted text begin ; provided that such advances
shall not exceed the city's total estimated apportionment for
the three years following the year the advance is made deleted text end .
Advances made by any such city shall be repaid out of subsequent
apportionments made to such city in accordance with the
commissioner's rules.

Sec. 9.

new text begin [162.031] CONSTRUCTION ACROSS ANOTHER COUNTY OR
STATE.
new text end

new text begin When a county state-aid highway route is so located that in
order to achieve the designated objectives the commissioner
determines that it is necessary to construct the highway across
a portion of another county or state, the county initiating the
construction is authorized to spend county state-aid highway
funds for that purpose in the same manner as other expenditures
for county state-aid highway purposes are made. No part of that
highway may be constructed in another county until both counties
approve the construction.
new text end

Sec. 10.

new text begin [162.091] CONSTRUCTION ACROSS ANOTHER
MUNICIPALITY OR STATE.
new text end

new text begin When a municipal state-aid street route is so located that
in order to achieve the designated objectives the commissioner
determines that it is necessary to construct the street across a
portion of another municipality or state, the municipality
initiating the construction is authorized to spend municipal
state-aid street funds for that purpose in the same manner as
other expenditures for municipal state-aid street purposes are
made. No part of that street may be constructed in another
municipality until both municipalities approve the construction.
new text end

Sec. 11.

Minnesota Statutes 2004, section 169.06,
subdivision 5, is amended to read:

Subd. 5.

Traffic-control signal.

(a) Whenever traffic is
controlled by traffic-control signals exhibiting different
colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow
shall be used, except for special pedestrian signals carrying a
word new text begin or new text end legend deleted text begin , and said deleted text end new text begin . The traffic-control signal new text end lights
deleted text begin shall deleted text end new text begin or colored lighted arrows new text end indicate and apply to drivers of
vehicles and pedestrians as follows:

(1) Green indication:

(i) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either deleted text begin such deleted text end turn. But vehicular traffic,
including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully
within the intersection or adjacent crosswalk at the time deleted text begin such
deleted text end new text begin this new text end signal is exhibited.

(ii) Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
deleted text begin such deleted text end new text begin the new text end arrow, or deleted text begin such deleted text end other movement as deleted text begin is deleted text end permitted by other
indications shown at the same time. Such vehicular traffic
shall yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the
intersection.

(iii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing any
green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked
crosswalk. new text begin Every driver of a vehicle shall yield the
right-of-way to such pedestrian, except that the pedestrian
shall yield the right-of-way to vehicles lawfully within the
intersection at the time that the green signal indication is
first shown.
new text end

(2) Steady yellow indication:

(i) Vehicular traffic facing a circular yellow signal is
thereby warned that the related green movement is being
terminated or that a red indication will be exhibited
immediately thereafter when vehicular traffic deleted text begin shall deleted text end new text begin must new text end not
enter the intersection, except for the continued movement
allowed by any green arrow indication simultaneously exhibited.

(ii) Pedestrians facing a circular yellow signal, unless
otherwise directed by a pedestrian new text begin - new text end control signal as provided in
subdivision 6, are thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and
no pedestrian shall then start to cross the roadway.

(iii) Vehicular traffic facing a steady yellow arrow signal
is thereby warned that the protected vehicular movement
permitted by the corresponding prior green arrow indication is
being terminated.

(3) Steady red indication:

(i) Vehicular traffic facing a circular red signal alone
deleted text begin shall deleted text end new text begin must new text end stop at a clearly marked stop line deleted text begin , deleted text end but new text begin , new text end if none,
before entering the crosswalk on the near side of the
intersection deleted text begin , deleted text end or new text begin , new text end if none, then before entering the intersection
and shall remain standing until a green indication is shown,
except as follows: (A) the driver of a vehicle deleted text begin which is deleted text end stopped
as close as practicable at the entrance to the crosswalk on the
near side of the intersection or, if none, then at the entrance
to the intersection in obedience to a red or stop signal, and
with the intention of making a right turn may make deleted text begin such deleted text end new text begin the
new text end right turn, after stopping, unless an official sign has been
erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully
proceeding as directed by the signal at deleted text begin said deleted text end new text begin that new text end intersection;
or (B) the driver of a vehicle on a one-way street deleted text begin which
intersects deleted text end new text begin intersecting new text end another one-way street on which traffic
moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into deleted text begin said deleted text end new text begin the new text end one-way
street, unless an official sign has been erected prohibiting the
movement, but shall yield the right-of-way to pedestrians and
other traffic new text begin lawfully new text end proceeding as directed by the signal at
deleted text begin said deleted text end new text begin that new text end intersection.

(ii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing a steady
red signal alone shall not enter the roadway.

(iii) Vehicular traffic facing a steady red arrow signal,
with the intention of making a movement indicated by the arrow,
deleted text begin shall deleted text end new text begin must new text end stop at a clearly marked stop line deleted text begin , deleted text end but new text begin , new text end if none,
before entering the crosswalk on the near side of the
intersection deleted text begin , deleted text end or new text begin , new text end if none, then before entering the intersection
and deleted text begin shall deleted text end new text begin must new text end remain standing until a permissive signal
indication new text begin permitting the movement indicated by the red arrow new text end is
displayed new text begin , except as follows: when an official sign has been
erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to
enter the intersection to turn right, or to turn left from a
one-way street into a one-way street on which traffic moves to
the left, after stopping, but must yield the right-of-way to
pedestrians and other traffic lawfully proceeding as directed by
the signal at that intersection new text end .

(b) In the event an official traffic-control signal is
erected and maintained at a place other than an intersection,
the provisions of this section are applicable except those which
can have no application. Any stop required deleted text begin shall deleted text end new text begin must new text end be made
at a sign or marking on the pavement indicating where the
stop deleted text begin shall deleted text end new text begin must new text end be made, but in the absence of any such sign or
marking the stop deleted text begin shall deleted text end new text begin must new text end be made at the signal.

(c) When a traffic-control signal indication or indications
placed to control a certain movement or lane are so identified
by placing a sign near the indication or indications, no other
traffic-control signal indication or indications within the
intersection deleted text begin shall control deleted text end new text begin controls new text end vehicular traffic for
deleted text begin such deleted text end new text begin that new text end movement or lane.

Sec. 12.

Minnesota Statutes 2004, section 169.06,
subdivision 6, is amended to read:

Subd. 6.

Pedestrian control signal.

(a) Whenever special
pedestrian-control signals exhibiting the words "Walk" or "Don't
Walk" new text begin or symbols of a "walking person" or "upraised hand" new text end are in
place deleted text begin such deleted text end new text begin , the new text end signals deleted text begin shall deleted text end new text begin or symbols new text end indicate as follows:

(1) new text begin A steady new text end "Walk deleted text begin , deleted text end " deleted text begin flashing or steady. Pedestrians
deleted text end new text begin signal or the symbol of a "walking person" indicates that a
pedestrian new text end facing deleted text begin such deleted text end new text begin either of these new text end signals may proceed
across the roadway in the direction of the signal new text begin , possibly in
conflict with turning vehicles new text end . new text begin Every driver of a vehicle shall
yield the right-of-way to such pedestrian except that the
pedestrian shall yield the right-of-way to vehicles lawfully
within the intersection at the time that either signal
indication is first shown.
new text end

(2) new text begin A new text end "Don't Walk deleted text begin , deleted text end " new text begin signal or the symbol of an "upraised
hand," new text end flashing or steady deleted text begin . No deleted text end new text begin , indicates that a new text end pedestrian
shall new text begin not new text end start to cross the roadway in the direction of deleted text begin such
signals deleted text end new text begin either signal new text end , but any pedestrian who has partially
crossed on the "Walk" new text begin or "walking person" new text end signal new text begin indication
new text end shall proceed to a sidewalk or safety island while the deleted text begin "Don't
Walk" deleted text end signal is showing.

(b) A pedestrian crossing a roadway in conformity with this
section is lawfully within the intersection and, when in a
crosswalk, is lawfully within the crosswalk.

Sec. 13.

Minnesota Statutes 2004, section 169.28,
subdivision 2, is amended to read:

Subd. 2.

Exempt crossing.

(a) The commissioner may
designate a crossing as an exempt crossing deleted text begin if the crossing is deleted text end :

(1) new text begin if the crossing is new text end on a rail line on which service has
been abandoned; deleted text begin or
deleted text end

(2) new text begin if the crossing is new text end on a rail line that carries fewer
than five trains each year, traveling at speeds of ten miles per
hour or less new text begin ; or
new text end

new text begin (3) as agreed to by the operating railroad and the
Department of Transportation, following a diagnostic review of
the crossing new text end .

(b) The commissioner shall direct the railroad to erect at
the crossing signs bearing the word "Exempt" that conform to
section 169.06. The installation or presence of an exempt sign
does not relieve a driver of the duty to use due care. A train
must not proceed across an exempt crossing unless a police
officer is present to direct traffic or a railroad employee is
on the ground to warn traffic until the train enters the
crossing.

(c) A vehicle that must stop at grade crossings under
subdivision 1 is not required to stop at a marked exempt
crossing unless directed otherwise by a police officer or a
railroad employee.

Sec. 14.

Minnesota Statutes 2004, section 174.86,
subdivision 5, is amended to read:

Subd. 5.

Commuter rail corridor coordinating committee.

(a) A Commuter Rail Corridor Coordinating Committee shall be
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; and

(6) one member appointed by the president of the University
of Minnesota, if a designated corridor provides direct service
to the university.

(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.

new text begin (c) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
from June 30, 2003. All actions taken in reliance on Minnesota
Statutes, section 15.059 or 174.86 are ratified by the enactment
of this section.
new text end

Sec. 15.

Minnesota Statutes 2004, section 219.166, is
amended to read:

219.166 ESTABLISHMENT OF QUIET ZONES.

A county, statutory or home rule charter city, or town may
deleted text begin by ordinance establish a defined deleted text end new text begin apply to the Federal Railroad
Administration for the establishment of a new text end "quiet zone" in which
the sounding of horns, whistles, or other audible warnings by
locomotives is regulated or prohibited. deleted text begin A quiet zone
established under this section must consist of at least one-half
mile of railroad right-of-way. deleted text end All quiet zones, regulations,
and ordinances adopted under this section must conform to
federal law and the regulations of the Federal Railroad
Administration new text begin under United States Code, title 49, section 20153 new text end .

Sec. 16.

Minnesota Statutes 2004, section 219.567, is
amended to read:

219.567 FAILURE TO RING BELL.

An engineer driving a locomotive on a railway who fails deleted text begin (1)
deleted text end to ring the bell or sound the whistle on the locomotive, or have
it rung or sounded deleted text begin , at least 80 rods from a place where the
railway crosses a traveled road or street on the same level,
except in cities, or (2) to continue ringing the bell or
sounding the whistle at intervals until the locomotive and
attached train have completely crossed the road or street, deleted text end new text begin in
accordance with Federal Railroad Administration regulations
under United States Code, title 49, section 20153, new text end is guilty of
a misdemeanor.

Sec. 17. new text begin RULE CHANGE; INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall change Minnesota Rules, part
8820.3300, subpart 2, to require that comments be directed to
the commissioner of transportation in conformity with the same
period allowed for written objections to be received by the
commissioner under this act's amendments to Minnesota Statutes
2004, sections 162.02, subdivision 3a, and 162.09, subdivision
3a. The rule change is effective the same day as the effective
date of this act's amendments to Minnesota Statutes 2004,
sections 162.02, subdivision 3a, and 162.09, subdivision 3a.
new text end