SF 3298

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to transportation; regulating public works 
  1.3             contracts; allowing commissioner of transportation to 
  1.4             acquire land to preserve transportation corridors; 
  1.5             providing reimbursement to fire departments for 
  1.6             expenses incurred in extinguishing certain motor 
  1.7             vehicle fires; modifying provisions regulating 
  1.8             disposition of impounded vehicles; allowing limited 
  1.9             use of highway shoulders by buses and vanpools; 
  1.10            requiring parked vehicle to be parallel with curb; 
  1.11            allowing limited regulation by local governments of 
  1.12            train whistles; modifying motor carrier provisions to 
  1.13            reduce certain regulatory obligations; requiring 
  1.14            commissioner of transportation to adopt rules to 
  1.15            implement and administer training program for tow 
  1.16            truck operators; modifying budget reduction of 
  1.17            department of transportation construction district 1; 
  1.18            providing cities and towns authority to collect unpaid 
  1.19            bills for certain emergency services from 
  1.20            nonresidents; removing sunset provision relating to 
  1.21            determining city populations for state-aid street 
  1.22            purposes; requiring commissioner to retain Stillwater 
  1.23            Bridge project in transportation improvement program; 
  1.24            requiring commissioner to prepare new signal agreement 
  1.25            in city of Anoka; providing for resolution of dispute 
  1.26            relating to Camp Coldwater Springs; establishing 
  1.27            vanpool demonstration project, highway 
  1.28            corridor-protection demonstration project, and 
  1.29            commuter rail station working group; allowing use of 
  1.30            trunk highway funds for certain transit operations; 
  1.31            exempting certain federal funds from statutory 
  1.32            matching requirements; making clarifying changes; 
  1.33            providing for fees; appropriating money for various 
  1.34            projects and activities; amending Minnesota Statutes 
  1.35            2000, sections 161.20, subdivision 2; 161.465; 
  1.36            168B.051, subdivisions 1a, 2; 169.35, subdivision 1; 
  1.37            169.86, subdivision 5; 221.0252, subdivision 3; 
  1.38            221.0314, by adding a subdivision; 221.0355, 
  1.39            subdivisions 2, 3; 221.221, subdivision 4; 221.605, 
  1.40            subdivision 1; 366.011; 366.012; Minnesota Statutes 
  1.41            2001 Supplement, sections 117.51; 161.162, subdivision 
  1.42            2; 169.825, subdivision 11; 221.221, subdivision 2; 
  1.43            Laws 2001, First Special Session chapter 8, article 1, 
  1.44            section 2, subdivision 7; Laws 2001, First Special 
  1.45            Session chapter 8, article 1, section 8; Laws 2001, 
  1.46            First Special Session chapter 8, article 2, section 6; 
  2.1             proposing coding for new law in Minnesota Statutes, 
  2.2             chapters 15; 168; 169; 174; 299A; repealing Minnesota 
  2.3             Statutes 2000, section 221.0313. 
  2.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.5      Section 1.  [15.411] [PUBLIC WORKS CONTRACTS; NO DAMAGES 
  2.6   FOR DELAY CLAUSES.] 
  2.7      Subdivision 1.  [DEFINITION.] As used in this section, the 
  2.8   term "public works contract" means a contract of the state, or a 
  2.9   county, city, town, school district, special district, or any 
  2.10  other political subdivision of the state, for the construction, 
  2.11  alteration, repair, addition to, subtraction from, improvement 
  2.12  to, or maintenance of any building, structure, highway, bridge, 
  2.13  viaduct, pipeline, railway, public works, or any other works 
  2.14  dealing with construction.  The term includes, but is not 
  2.15  limited to, moving, demolition, or excavation performed in 
  2.16  conjunction with the work specified in this subdivision. 
  2.17     Subd. 2.  [UNENFORCEABILITY.] Any clause in a public works 
  2.18  contract that waives, releases, or extinguishes the rights of a 
  2.19  contractor to seek recovery for costs or damages, or seek an 
  2.20  equitable adjustment, for delays, disruption, or acceleration in 
  2.21  performing the contract is void and unenforceable if the delay, 
  2.22  disruption, or acceleration is caused by acts of the contracting 
  2.23  public entity or persons acting on behalf of the public entity 
  2.24  for which the public entity is legally responsible. 
  2.25     Subd. 3.  [SEVERABILITY.] When a contract contains a 
  2.26  provision that is void and unenforceable under subdivision 2, 
  2.27  that provision must be severed from the other provisions of the 
  2.28  contract to the extent that it is void and unenforceable.  The 
  2.29  fact that the provision is void and unenforceable does not 
  2.30  affect the other provisions of the contract. 
  2.31     Subd. 4.  [SCOPE AND EFFECT.] Subdivision 2 does not make 
  2.32  void and unenforceable any contract provision of a public works 
  2.33  contract that: 
  2.34     (1) requires notice of any delay, disruption, or 
  2.35  acceleration by the party affected thereby; 
  2.36     (2) provides for reasonable liquidated damages; or 
  2.37     (3) provides for arbitration or any other procedure 
  3.1   designed to settle contract disputes. 
  3.2      Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  3.3   117.51, is amended to read: 
  3.4      117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
  3.5      In all acquisitions undertaken by any acquiring authority 
  3.6   and in all voluntary rehabilitation carried out by a person 
  3.7   pursuant to acquisition or as a consequence thereof, the 
  3.8   acquiring authority shall cooperate to the fullest extent with 
  3.9   federal departments and agencies, and it shall take all 
  3.10  necessary action in order to insure, to the maximum extent 
  3.11  possible, federal financial participation in any and all phases 
  3.12  of acquisition, including the provision of relocation 
  3.13  assistance, services, payments and benefits to displaced 
  3.14  persons.  An acquiring authority may consider reimbursing up to 
  3.15  $50,000 in relocation or reestablishment expenses of a displaced 
  3.16  business. 
  3.17     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.18  161.162, subdivision 2, is amended to read: 
  3.19     Subd. 2.  [FINAL LAYOUT.] (a) "Final layout" means 
  3.20  geometric layouts and supplemental drawings that show the 
  3.21  location, character, dimensions, access, and explanatory 
  3.22  information about the highway construction or improvement work 
  3.23  being proposed.  "Final layout" includes, where applicable, 
  3.24  traffic lanes, shoulders, trails, intersections, signals, 
  3.25  bridges, approximate right-of-way limits, existing ground line 
  3.26  and proposed grade line of the highway, turn lanes, access 
  3.27  points and closures, sidewalks, speed zones proposed design 
  3.28  speed, noise walls, transit considerations, auxiliary lanes, 
  3.29  interchange locations, interchange types, sensitive areas, 
  3.30  existing right-of-way, traffic volume and turning movements, 
  3.31  location of stormwater drainage, location of municipal 
  3.32  utilities, project schedule and estimated cost, and the name of 
  3.33  the project manager. 
  3.34     (b) "Final layout" does not include a cost participation 
  3.35  agreement.  For purposes of this subdivision "cost participation 
  3.36  agreement" means a document signed by the commissioner and the 
  4.1   governing body of a municipality that states the costs of a 
  4.2   highway construction project that will be paid by the 
  4.3   municipality. 
  4.4      Sec. 4.  Minnesota Statutes 2000, section 161.20, 
  4.5   subdivision 2, is amended to read: 
  4.6      Subd. 2.  [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION 
  4.7   OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The 
  4.8   commissioner is authorized to acquire by purchase, gift, or by 
  4.9   eminent domain proceedings as provided by law, in fee or such 
  4.10  lesser estate as the commissioner deems necessary, all lands and 
  4.11  properties necessary in preserving future transportation 
  4.12  corridors or in laying out, constructing, maintaining, and 
  4.13  improving the trunk highway system including recreational 
  4.14  vehicle lanes; to locate, construct, reconstruct, improve, and 
  4.15  maintain the trunk highway system; to purchase all road 
  4.16  material, machinery, tools, and supplies necessary for the 
  4.17  construction, maintenance, and improvement thereof; to construct 
  4.18  necessary buildings, or rent or acquire by purchase, gift, or 
  4.19  condemnation, grounds, and buildings necessary for the storing 
  4.20  and housing of such material, machinery, tools, and supplies or 
  4.21  necessary for office space for employees or for providing for 
  4.22  driver's license examinations; to maintain, repair, or remodel 
  4.23  such buildings as may be necessary; to acquire by purchase, 
  4.24  gift, or condemnation, replacement sites for historically 
  4.25  significant buildings or structures and to relocate these 
  4.26  buildings or structures onto those sites, reconstructing and 
  4.27  maintaining them until disposed of through public sale to the 
  4.28  highest responsible bidder; to make agreements with any county 
  4.29  for the relocation or reestablishment, by the county, of 
  4.30  section, quarter section, or meander corners originally 
  4.31  established by the United States, when such relocation or 
  4.32  reestablishment is necessary in order to write land acquisition 
  4.33  descriptions or by reason of the construction, reconstruction, 
  4.34  improvement, or maintenance of a trunk highway; to contract on 
  4.35  an equitable basis with railroad companies for the installation 
  4.36  and reinstallation of safety devices at trunk highway-railroad 
  5.1   grade crossings, and for the construction, reconstruction and 
  5.2   maintenance of bridges and approaches existing or necessary for 
  5.3   the separation of grades at railroad and trunk highway 
  5.4   intersections; and in carrying out duties, to let all necessary 
  5.5   contracts in the manner prescribed by law.  The commissioner may 
  5.6   make agreements with and cooperate with any governmental 
  5.7   authority for the purpose of effectuating the provisions of this 
  5.8   chapter. 
  5.9      Sec. 5.  Minnesota Statutes 2000, section 161.465, is 
  5.10  amended to read: 
  5.11     161.465 [REIMBURSEMENT FOR FIRE SERVICES.] 
  5.12     (a) Subdivision 1.  [GRASS FIRES.] Ordinary expenses 
  5.13  incurred by a municipal or volunteer fire department in 
  5.14  extinguishing a grass fire within the right-of-way of a trunk 
  5.15  highway must be reimbursed upon certification to the 
  5.16  commissioner of transportation from the trunk highway fund.  In 
  5.17  addition, ordinary expenses incurred by a municipal or volunteer 
  5.18  fire department in extinguishing a fire outside the right-of-way 
  5.19  of any trunk highway if the fire originated within the 
  5.20  right-of-way, upon approval of a police officer or an officer or 
  5.21  employee of the department of public safety must, upon 
  5.22  certification to the commissioner of transportation by the 
  5.23  proper official of the municipality or fire department within 60 
  5.24  days after the completion of the service, be reimbursed to the 
  5.25  municipality or fire department from funds in the trunk highway 
  5.26  fund.  
  5.27     Subd. 2.  [MOTOR VEHICLE FIRES.] Ordinary expenses incurred 
  5.28  by a municipal or volunteer fire department in responding to a 
  5.29  call to extinguish a motor vehicle fire within the right-of-way 
  5.30  of a trunk highway or interstate, to the extent these expenses 
  5.31  are not reimbursed by insurance, some other reasonable method of 
  5.32  reimbursement, or collected in accordance with section 366.012, 
  5.33  may be reimbursed by the commissioner from the motor vehicle 
  5.34  fire revolving account in the special revenue fund up to $300 
  5.35  per fire call upon certification to the commissioner. 
  5.36     Subd. 3.  [FUND REIMBURSEMENT.] The commissioner of 
  6.1   transportation shall take action practicable to secure 
  6.2   reimbursement to the trunk highway fund or to the special 
  6.3   revenue fund of money expended under this section from the 
  6.4   person, firm, or corporation responsible for the fire or danger 
  6.5   of fire.  A motor vehicle fire revolving account is created in 
  6.6   the special revenue fund.  The commissioner shall deposit into 
  6.7   the account all money received by the commissioner in 
  6.8   reimbursements from persons, firms, or corporations for costs of 
  6.9   extinguishing motor vehicle fires within trunk highway 
  6.10  right-of-way.  Money in the account is appropriated to the 
  6.11  commissioner for the purpose of making reimbursements to 
  6.12  municipal or volunteer fire departments under subdivision 2. 
  6.13     (b) Subd. 4.  [NO ADMISSION OF LIABILITY.] The provisions 
  6.14  of this section shall not be construed to admit state liability 
  6.15  for damage or destruction to private property or for injury to 
  6.16  persons resulting from a fire originating within a trunk highway 
  6.17  or interstate right-of-way. 
  6.18     Sec. 6.  [168.185] [MOTOR CARRIER USDOT NUMBERS.] 
  6.19     (a) A motor carrier operating a truck or truck tractor 
  6.20  having a gross vehicle weight of more than 10,000 pounds, as 
  6.21  defined in section 169.01, subdivision 46, shall report to the 
  6.22  registrar at the time of registration its USDOT carrier number.  
  6.23  A motor carrier who does not have a USDOT number shall apply for 
  6.24  the number at the time of registration by completing a form 
  6.25  MCS-150 Motor Carrier Identification Report, issued by the 
  6.26  Federal Motor Carrier Safety Administration, or comparable 
  6.27  document as determined by the registrar. 
  6.28     (b) Assigned USDOT numbers need not be displayed on the 
  6.29  outside of the vehicle, but must be made available upon request 
  6.30  of an authorized agent of the registrar, peace officer, other 
  6.31  employees of the state patrol authorized in chapter 299D, or 
  6.32  employees of the Minnesota department of transportation.  A 
  6.33  motor carrier shall notify the registrar if there is a change to 
  6.34  the carrier's USDOT number. 
  6.35     (c) If a carrier fails to report or apply for a USDOT 
  6.36  number, the registrar shall suspend the carrier's registration. 
  7.1      (d) Until October 1, 2003, "motor carrier," as that term is 
  7.2   used in this section, does not include an agricultural 
  7.3   fertilizer or agricultural chemical retailer while exclusively 
  7.4   engaged in delivering fertilizer or agricultural chemicals to a 
  7.5   farmer for on-farm use.  
  7.6      Sec. 7.  Minnesota Statutes 2000, section 168B.051, 
  7.7   subdivision 1a, is amended to read: 
  7.8      Subd. 1a.  [SALE 15 DAYS AFTER NOTICE BY CERTIFIED MAIL.] 
  7.9   (a) Except as provided in paragraph (b), an unauthorized vehicle 
  7.10  impounded by the city of Minneapolis or by the city of St. Paul 
  7.11  a local unit of government in the metropolitan area as defined 
  7.12  in section section 473.121, subdivision 2, is eligible for 
  7.13  disposal or sale under section 168B.08, 15 days after notice is 
  7.14  sent by certified mail, return receipt requested, to the 
  7.15  registered owner, if any, of the unauthorized vehicle and to all 
  7.16  readily identifiable lienholders of record.  
  7.17     (b) If, before the expiration of the 15-day period 
  7.18  following notice of taking, the registered owner or lienholder 
  7.19  of record delivers to the impound lot operator a written 
  7.20  statement of intent to reclaim the vehicle, the vehicle is not 
  7.21  eligible for disposal or sale until 45 days after the notice of 
  7.22  taking, if the owner or lienholder has not reclaimed under 
  7.23  section 168B.07.  Notwithstanding section 168B.06, subdivision 
  7.24  3, a second notice shall not be required. 
  7.25     Sec. 8.  Minnesota Statutes 2000, section 168B.051, 
  7.26  subdivision 2, is amended to read: 
  7.27     Subd. 2.  [SALE AFTER 45 DAYS.] An impounded vehicle is 
  7.28  eligible for disposal or sale under section 168B.08, 45 days 
  7.29  after notice to the owner, if the vehicle is determined to be an 
  7.30  unauthorized vehicle that was not impounded by the city of 
  7.31  Minneapolis or the city of St. Paul a local unit of government 
  7.32  in the metropolitan area as defined in section 473.121, 
  7.33  subdivision 2.  
  7.34     Sec. 9.  [169.306] [USE OF SHOULDERS BY BUSES.] 
  7.35     If the commissioner of transportation permits the use by 
  7.36  transit buses of a shoulder of a freeway or expressway, as 
  8.1   defined in section 160.02, in the seven-county metropolitan 
  8.2   area, the commissioner shall permit the use on that shoulder of 
  8.3   a bus with a seating capacity of 40 passengers or more operated 
  8.4   by a motor carrier of passengers, as defined in section 221.011, 
  8.5   subdivision 48, while operating in intrastate commerce. 
  8.6      Buses authorized to use the shoulder under this section may 
  8.7   be operated on the shoulder only when main line traffic speeds 
  8.8   are less than 35 miles per hour.  Drivers of buses being 
  8.9   operated on the shoulder, may not exceed the speed of main line 
  8.10  traffic by more than 15 miles per hour and may never exceed 35 
  8.11  miles per hour.  Drivers of buses being operated on the shoulder 
  8.12  must yield to merging, entering, and exiting traffic and must 
  8.13  yield to other vehicles on the shoulder.  Buses operated on the 
  8.14  shoulder must be registered with the department of 
  8.15  transportation.  
  8.16     Sec. 10.  Minnesota Statutes 2000, section 169.35, 
  8.17  subdivision 1, is amended to read: 
  8.18     Subdivision 1.  [PARALLEL TO CURB.] Except where angle 
  8.19  parking is permitted by local ordinance, each vehicle stopped or 
  8.20  parked upon a two-way roadway where there is an adjacent curb 
  8.21  shall be so stopped or parked parallel with the right-hand curb 
  8.22  and with the right-hand wheels of the vehicle parallel with and 
  8.23  within 12 inches of the right-hand curb, provided, that such 
  8.24  exception shall only apply to a state trunk highway after 
  8.25  approval by the commissioner. 
  8.26     Sec. 11.  Minnesota Statutes 2001 Supplement, section 
  8.27  169.825, subdivision 11, is amended to read: 
  8.28     Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
  8.29  limitations provided in this section are increased:  
  8.30     (1) by ten percent between the dates set by the 
  8.31  commissioner based on a freezing index model each winter, 
  8.32  statewide; 
  8.33     (2) by ten percent between the dates set by the 
  8.34  commissioner based on a freezing index model each winter, in the 
  8.35  zone bounded as follows:  beginning at Pigeon River in the 
  8.36  northeast corner of Minnesota; thence in a southwesterly 
  9.1   direction along the north shore of Lake Superior along trunk 
  9.2   highway No. 61 to the northeastern city limits of Duluth; thence 
  9.3   along the eastern and southern city limits of Duluth to the 
  9.4   junction with trunk highway No. 210; thence westerly along trunk 
  9.5   highway No. 210 to the junction with trunk highway No. 10; 
  9.6   thence northwesterly along trunk highway No. 10 to the 
  9.7   Minnesota-North Dakota border; thence northerly along that 
  9.8   border to the Minnesota-Canadian Border; thence easterly along 
  9.9   said Border to Lake Superior; and 
  9.10     (3) by ten percent from the beginning of harvest to 
  9.11  November 30 each year for the movement of sugar beets, carrots, 
  9.12  and potatoes from the field of harvest to the point of the first 
  9.13  unloading.  Transfer of the product from a farm vehicle or small 
  9.14  farm trailer, within the meaning of chapter 168, to another 
  9.15  vehicle is not considered to be the first unloading.  The 
  9.16  commissioner shall not issue permits under this clause if to do 
  9.17  so will result in a loss of federal highway funding to the state.
  9.18     (b) The duration of a ten percent increase in load limits 
  9.19  is subject to limitation by order of the commissioner, subject 
  9.20  to implementation of springtime load restrictions.  
  9.21     (c) When the ten percent increase is in effect, a permit is 
  9.22  required for a motor vehicle, trailer, or semitrailer 
  9.23  combination that has a gross weight in excess of 80,000 pounds, 
  9.24  an axle group weight in excess of that prescribed in subdivision 
  9.25  10, or a single axle weight in excess of 20,000 pounds and which 
  9.26  travels on interstate routes.  
  9.27     (d) In cases where gross weights in an amount less than 
  9.28  that set forth in this section are fixed, limited, or restricted 
  9.29  on a highway or bridge by or under another section of this 
  9.30  chapter, the lesser gross weight as fixed, limited, or 
  9.31  restricted may not be exceeded and must control instead of the 
  9.32  gross weights set forth in this section.  
  9.33     (e) Notwithstanding any other provision of this 
  9.34  subdivision, no vehicle may exceed a total gross vehicle weight 
  9.35  of 80,000 pounds on routes which have not been designated by the 
  9.36  commissioner under section 169.832, subdivision 11. 
 10.1      (f) The commissioner may, after determining the ability of 
 10.2   the highway structure and frost condition to support additional 
 10.3   loads, grant a permit extending seasonal increases for vehicles 
 10.4   using portions of routes falling within two miles of the 
 10.5   southern boundary of the zone described under paragraph (a), 
 10.6   clause (2). 
 10.7      Sec. 12.  Minnesota Statutes 2000, section 169.86, 
 10.8   subdivision 5, is amended to read: 
 10.9      Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 10.10  commissioner, with respect to highways under the commissioner's 
 10.11  jurisdiction, may charge a fee for each permit issued.  All such 
 10.12  fees for permits issued by the commissioner of transportation 
 10.13  shall be deposited in the state treasury and credited to the 
 10.14  trunk highway fund.  Except for those annual permits for which 
 10.15  the permit fees are specified elsewhere in this chapter, the 
 10.16  fees shall be: 
 10.17     (a) $15 for each single trip permit. 
 10.18     (b) $36 for each job permit.  A job permit may be issued 
 10.19  for like loads carried on a specific route for a period not to 
 10.20  exceed two months.  "Like loads" means loads of the same 
 10.21  product, weight, and dimension. 
 10.22     (c) $60 for an annual permit to be issued for a period not 
 10.23  to exceed 12 consecutive months.  Annual permits may be issued 
 10.24  for: 
 10.25     (1) motor vehicles used to alleviate a temporary crisis 
 10.26  adversely affecting the safety or well-being of the public; 
 10.27     (2) motor vehicles which travel on interstate highways and 
 10.28  carry loads authorized under subdivision 1a; 
 10.29     (3) motor vehicles operating with gross weights authorized 
 10.30  under section 169.825, subdivision 11, paragraph (a), clause 
 10.31  (3); 
 10.32     (4) special pulpwood vehicles described in section 169.863; 
 10.33  and 
 10.34     (5) motor vehicles bearing snowplow blades not exceeding 
 10.35  ten feet in width; and 
 10.36     (6) noncommercial transportation of a boat by the owner or 
 11.1   user of the boat. 
 11.2      (d) $120 for an oversize annual permit to be issued for a 
 11.3   period not to exceed 12 consecutive months.  Annual permits may 
 11.4   be issued for:  
 11.5      (1) mobile cranes; 
 11.6      (2) construction equipment, machinery, and supplies; 
 11.7      (3) manufactured homes; 
 11.8      (4) implements of husbandry when the movement is not made 
 11.9   according to the provisions of paragraph (i); 
 11.10     (5) double-deck buses; 
 11.11     (6) commercial boat hauling.  
 11.12     (e) For vehicles which have axle weights exceeding the 
 11.13  weight limitations of section 169.825, an additional cost added 
 11.14  to the fees listed above.  The additional cost is equal to the 
 11.15  product of the distance traveled times the sum of the overweight 
 11.16  axle group cost factors shown in the following chart:  
 11.17                 Overweight Axle Group Cost Factors 
 11.18  Weight (pounds)         Cost Per Mile For Each Group Of:
 11.19  exceeding       Two consec-     Three consec-   Four consec-
 11.20  weight          utive axles     utive axles     utive axles
 11.21  limitations     spaced within   spaced within   spaced within
 11.22  on axles        8 feet or less  9 feet or less  14 feet or less 
 11.23       0-2,000    .12             .05             .04
 11.24   2,001-4,000    .14             .06             .05
 11.25   4,001-6,000    .18             .07             .06
 11.26   6,001-8,000    .21             .09             .07
 11.27   8,001-10,000   .26             .10             .08
 11.28  10,001-12,000   .30             .12             .09
 11.29  12,001-14,000   Not permitted   .14             .11
 11.30  14,001-16,000   Not permitted   .17             .12
 11.31  16,001-18,000   Not permitted   .19             .15
 11.32  18,001-20,000   Not permitted   Not permitted   .16
 11.33  20,001-22,000   Not permitted   Not permitted   .20
 11.34  The amounts added are rounded to the nearest cent for each axle 
 11.35  or axle group.  The additional cost does not apply to paragraph 
 11.36  (c), clauses (1) and (3).  
 12.1   For a vehicle found to exceed the appropriate maximum permitted 
 12.2   weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 12.3   a ton, over the permitted maximum weight is imposed in addition 
 12.4   to the normal permit fee.  Miles must be calculated based on the 
 12.5   distance already traveled in the state plus the distance from 
 12.6   the point of detection to a transportation loading site or 
 12.7   unloading site within the state or to the point of exit from the 
 12.8   state. 
 12.9      (f) As an alternative to paragraph (e), an annual permit 
 12.10  may be issued for overweight, or oversize and overweight, 
 12.11  construction equipment, machinery, and supplies.  The fees for 
 12.12  the permit are as follows:  
 12.13  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 12.14       90,000 or less                             $200
 12.15       90,001 - 100,000                           $300
 12.16      100,001 - 110,000                           $400
 12.17      110,001 - 120,000                           $500
 12.18      120,001 - 130,000                           $600
 12.19      130,001 - 140,000                           $700
 12.20      140,001 - 145,000                           $800
 12.21  If the gross weight of the vehicle is more than 145,000 pounds 
 12.22  the permit fee is determined under paragraph (e). 
 12.23     (g) For vehicles which exceed the width limitations set 
 12.24  forth in section 169.80 by more than 72 inches, an additional 
 12.25  cost equal to $120 added to the amount in paragraph (a) when the 
 12.26  permit is issued while seasonal load restrictions pursuant to 
 12.27  section 169.87 are in effect. 
 12.28     (h) $85 for an annual permit to be issued for a period not 
 12.29  to exceed 12 months, for refuse compactor vehicles that carry a 
 12.30  gross weight of not more than:  22,000 pounds on a single rear 
 12.31  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 12.32  section 169.825, subdivision 14, 46,000 pounds on a tridem rear 
 12.33  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 12.34  axle must limit the gross vehicle weight to not more than 62,000 
 12.35  pounds. 
 12.36     (i) For vehicles exclusively transporting implements of 
 13.1   husbandry, an annual permit fee of $24.  A vehicle operated 
 13.2   under a permit authorized by this paragraph may be moved at the 
 13.3   discretion of the permit holder without prior route approval by 
 13.4   the commissioner if: 
 13.5      (1) the total width of the transporting vehicle, including 
 13.6   load, does not exceed 14 feet; 
 13.7      (2) the vehicle is operated only between sunrise and 30 
 13.8   minutes after sunset, and is not operated at any time after 
 13.9   12:00 noon on Sundays or holidays; 
 13.10     (3) the vehicle is not operated when visibility is impaired 
 13.11  by weather, fog, or other conditions that render persons and 
 13.12  other vehicles not clearly visible at 500 feet; 
 13.13     (4) the vehicle displays at the front and rear of the load 
 13.14  or vehicle a pair of flashing amber lights, as provided in 
 13.15  section 169.59, subdivision 4, whenever the overall width of the 
 13.16  vehicle exceeds 126 inches; and 
 13.17     (5) the vehicle is not operated on a trunk highway with a 
 13.18  surfaced roadway width of less than 24 feet unless such 
 13.19  operation is authorized by the permit. 
 13.20  A permit under this paragraph authorizes movements of the 
 13.21  permitted vehicle on an interstate highway, and movements of 75 
 13.22  miles or more on other highways.  
 13.23     Sec. 13.  [174.92] [WHISTLE-BLOWING.] 
 13.24     Subject to all applicable federal law and regulations, a 
 13.25  city, town, or county may prohibit whistle-blowing within 
 13.26  one-half mile of a commuter rail station.  
 13.27     Sec. 14.  Minnesota Statutes 2000, section 221.0252, 
 13.28  subdivision 3, is amended to read: 
 13.29     Subd. 3.  [AUDIT; INSPECTION.] (a) Within 90 days of 
 13.30  issuing a new certificate of registration to a carrier under 
 13.31  this section, and before issuing an annual renewal of a 
 13.32  certificate of registration, the commissioner shall: 
 13.33     (1) conduct an audit of the carrier's records; 
 13.34     (2) inspect the vehicles the carrier uses in its motor 
 13.35  carrier operation to determine if they comply with the federal 
 13.36  regulations incorporated in section 221.0314 or accept for 
 14.1   filing proof that a complete vehicle inspection was conducted 
 14.2   within the previous one year by a commercial vehicle inspector 
 14.3   of the department of public safety or an inspector certified by 
 14.4   the commissioner of public safety under section 169.781; 
 14.5      (3) verify that the carrier has a designated office in 
 14.6   Minnesota where the books and files necessary to conduct 
 14.7   business and the records required by this chapter are kept and 
 14.8   shall be made available for inspection by the commissioner; 
 14.9      (4) audit the carrier's drivers' criminal background and 
 14.10  safety records; and 
 14.11     (5) verify compliance with the insurance requirements of 
 14.12  section 221.141. 
 14.13     (b) To streamline the audit process and to reduce the 
 14.14  regulatory burden on carriers, the commissioner may reduce the 
 14.15  number of vehicle inspections and records audited under 
 14.16  paragraph (a) if the commissioner has sufficient information 
 14.17  from federal and state motor carrier safety data about a 
 14.18  carrier's operations to determine a carrier's safety fitness as 
 14.19  described in Code of Federal Regulations, title 49, section 
 14.20  385.7.  At a minimum, the commissioner must conduct the record 
 14.21  audit in paragraph (a) once in four years. 
 14.22     (c) The commissioner and the commissioner of public safety 
 14.23  shall, through an interagency agreement, coordinate vehicle 
 14.24  inspection activities to avoid duplication of annual vehicle 
 14.25  inspections to minimize the burden of compliance on carriers and 
 14.26  to maximize the efficient use of state resources. 
 14.27     Sec. 15.  Minnesota Statutes 2000, section 221.0314, is 
 14.28  amended by adding a subdivision to read: 
 14.29     Subd. 3b.  [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 
 14.30  subdivisions 3 and 3a, a Minnesota intrastate waiver is not 
 14.31  required in Minnesota intrastate commerce if that person holds a 
 14.32  valid interstate waiver or comparable document for physical 
 14.33  qualifications described in Code of Federal Regulations, title 
 14.34  49, section 391.41. 
 14.35     Sec. 16.  Minnesota Statutes 2000, section 221.0355, 
 14.36  subdivision 2, is amended to read: 
 15.1      Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
 15.2   following words and phrases have the meanings given them in this 
 15.3   subdivision: 
 15.4      (a) "Base state" means the state selected by a carrier 
 15.5   according to the procedures established by the uniform program. 
 15.6      (b) "Base state agreement" means the agreement between 
 15.7   participating states electing to register or permit carriers of 
 15.8   hazardous material or hazardous waste. 
 15.9      (c) "Carrier" means a person who operates a motor vehicle 
 15.10  used to transport hazardous material or hazardous waste. 
 15.11     (d) "Designated hazardous material" means a hazardous 
 15.12  material described in Code of Federal Regulations, title 49, 
 15.13  section 107.601, which is incorporated by reference. 
 15.14     (e) "Hazardous material" means: 
 15.15     (1) a hazardous material when the hazardous material is of 
 15.16  a type or in a quantity that requires the transport vehicle to 
 15.17  be placarded in accordance with Code of Federal Regulations, 
 15.18  title 49, part 172; or 
 15.19     (2) a hazardous substance or marine pollutant when 
 15.20  transported in bulk packaging as defined in Code of Federal 
 15.21  Regulations, title 49, section 171.8, which is incorporated by 
 15.22  reference. 
 15.23     (f) "Hazardous material transportation" means the 
 15.24  transportation of hazardous material or hazardous waste, or 
 15.25  both, on the public highways. 
 15.26     (g) "Hazardous waste" means hazardous waste of a type and 
 15.27  amount that requires the shipment to be accompanied by a uniform 
 15.28  hazardous waste manifest described in Code of Federal 
 15.29  Regulations, title 40, part 262, including state-designated 
 15.30  hazardous wastes when a list of state-designated hazardous 
 15.31  wastes has been filed by the state with the national repository 
 15.32  under the uniform program. 
 15.33     (h) "Participating state" means a state electing to 
 15.34  participate in the uniform program by entering a base state 
 15.35  agreement. 
 15.36     (i) "Person" means an individual, firm, copartnership, 
 16.1   cooperative, company, association, limited liability company, 
 16.2   corporation, or public entity. 
 16.3      (j) "Public entity" means a carrier who is a federal or 
 16.4   state agency or political subdivision. 
 16.5      (k) "Shipper" means a person who offers a designated 
 16.6   hazardous material to another person for shipment or who causes 
 16.7   a designated hazardous material to be transported or shipped by 
 16.8   another person. 
 16.9      (l) "Uniform application" means the uniform motor carrier 
 16.10  registration and permit application form established under the 
 16.11  uniform program. 
 16.12     (m) "Uniform program" means the Uniform State Hazardous 
 16.13  Materials Transportation Motor Carrier Registration and Permit 
 16.14  Program established in the report submitted to the secretary of 
 16.15  transportation pursuant to the "Hazardous Materials 
 16.16  Transportation Uniform Safety Act of 1990," United States Code, 
 16.17  title 49 appendix, section 1819, subsection (c). 
 16.18     Sec. 17.  Minnesota Statutes 2000, section 221.0355, 
 16.19  subdivision 3, is amended to read: 
 16.20     Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
 16.21  subdivision 17, after October 1, 1994: 
 16.22     (a) No carrier, other than a public entity, may transport a 
 16.23  hazardous material by motor vehicle in Minnesota unless it has 
 16.24  complied with subdivision 4. 
 16.25     (b) No carrier, other than a public entity, may transport a 
 16.26  hazardous waste in Minnesota unless it has complied with 
 16.27  subdivisions 4 and 5. 
 16.28     (c) No shipper may offer a designated hazardous material 
 16.29  for shipment or cause a designated hazardous material to be 
 16.30  transported or shipped in Minnesota unless it has complied with 
 16.31  subdivision 7. 
 16.32     (d) No carrier, other than a public entity, may transport a 
 16.33  designated hazardous material by rail or water in Minnesota 
 16.34  unless it has complied with subdivision 7a. 
 16.35     (e) No public entity may transport a hazardous material or 
 16.36  hazardous waste by motor vehicle in Minnesota unless it has 
 17.1   complied with subdivision 8. 
 17.2      (f) A carrier registered under this section, who 
 17.3   exclusively offers designated materials for shipment only in 
 17.4   vehicles controlled or operated by that carrier and who does not 
 17.5   offer hazardous materials to other private or for-hire carriers, 
 17.6   is not required to register as a shipper under subdivision 7. 
 17.7      Sec. 18.  Minnesota Statutes 2001 Supplement, section 
 17.8   221.221, subdivision 2, is amended to read: 
 17.9      Subd. 2.  [ENFORCEMENT POWERS.] Transportation program 
 17.10  specialists and hazardous material program specialists of the 
 17.11  department, for the purpose of enforcing the provisions of (1) 
 17.12  this chapter, sections 169.781 to 169.783 relating to commercial 
 17.13  vehicle inspections, and section 296A.27, subdivisions 6 and 12, 
 17.14  relating to motor carrier licenses and trip permits, (2) Code of 
 17.15  Federal Regulations, title 49, parts 40 and 382, and (3) the 
 17.16  applicable rules, orders, or directives of the commissioner of 
 17.17  transportation and the commissioner of revenue, issued under 
 17.18  this chapter and chapter 296A, but for no other purpose, have 
 17.19  the powers conferred by law upon police officers.  The powers 
 17.20  include the authority to conduct inspections at designated 
 17.21  highway weigh stations or under other appropriate circumstances. 
 17.22     Sec. 19.  Minnesota Statutes 2000, section 221.221, 
 17.23  subdivision 4, is amended to read: 
 17.24     Subd. 4.  [DOCUMENT INSPECTION.] Records, log books, 
 17.25  certificates, licenses, shipping documents, or other papers or 
 17.26  documents required to determine compliance with this 
 17.27  chapter and, rules adopted under this chapter, and Code of 
 17.28  Federal Regulations, title 49, parts 40 and 382, must be 
 17.29  presented for inspection, upon request, to a peace officer or 
 17.30  police officer or other person empowered to enforce the 
 17.31  provisions of this chapter.  
 17.32     Sec. 20.  Minnesota Statutes 2000, section 221.605, 
 17.33  subdivision 1, is amended to read: 
 17.34     Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
 17.35  carriers and private carriers engaged in interstate commerce 
 17.36  shall comply with the federal motor carrier safety regulations, 
 18.1   in Code of Federal Regulations, title 49, parts 40, 382, 387, 
 18.2   and 390 to through 398; with Code of Federal Regulations, title 
 18.3   49, part 40; and with the rules of the commissioner concerning 
 18.4   inspections, vehicle and driver out-of-service restrictions and 
 18.5   requirements, and vehicle, driver, and equipment checklists.  
 18.6   For purposes of regulating commercial motor vehicles as defined 
 18.7   in section 169.781, subdivision 1, the exemption provided in 
 18.8   Code of Federal Regulations, title 49, section 396.11, paragraph 
 18.9   (d), applies in Minnesota only to driveaway-towaway operations. 
 18.10     (b) An interstate carrier or private carrier engaged in 
 18.11  interstate commerce who complies with federal regulations 
 18.12  governing testing for controlled substances and alcohol is 
 18.13  exempt from the requirements of sections 181.950 to 181.957 
 18.14  unless the carrier's drug testing program provides for testing 
 18.15  for controlled substances in addition to those listed in Code of 
 18.16  Federal Regulations, title 49, section 40.21, paragraph 
 18.17  (a) 40.85.  Persons subject to this section may test for drugs, 
 18.18  in addition to those listed in Code of Federal Regulations, 
 18.19  title 49, section 40.21, paragraph (a) 40.85, only in accordance 
 18.20  with sections 181.950 to 181.957 and rules adopted under those 
 18.21  sections. 
 18.22     Sec. 21.  [299A.53] [TOWING SERVICES; OPERATOR TRAINING 
 18.23  CERTIFICATION.] 
 18.24     (a) The commissioner of public safety shall adopt rules 
 18.25  establishing and implementing a program for certifying tow truck 
 18.26  operators as trained and qualified for safely and efficiently 
 18.27  providing vehicle towing and recovery services.  
 18.28     (b) The certification may distinguish between various 
 18.29  qualification levels based on experience, knowledge, and 
 18.30  training necessary for the various ordinary and emergency or 
 18.31  other extraordinary situations, safe or hazardous, encountered 
 18.32  in vehicle and cargo recovery and towing, with an emphasis on 
 18.33  "hands-on" training with the towing and recovery vehicles and 
 18.34  equipment necessary for ordinary and extraordinary operations.  
 18.35     (c) The commissioner shall consider the three-level 
 18.36  national driver certification program administered by the Towing 
 19.1   and Recovery Association of America, Inc., the findings and 
 19.2   recommendations of any advisory committee, the programs and 
 19.3   experience of other states, and other sources the commissioner 
 19.4   considers informative and helpful.  
 19.5      Sec. 22.  Minnesota Statutes 2000, section 366.011, is 
 19.6   amended to read: 
 19.7      366.011 [CHARGES FOR EMERGENCY SERVICES; COLLECTION.] 
 19.8      A town may impose a reasonable service charge for emergency 
 19.9   services, including fire, rescue, medical, and related services 
 19.10  provided by the town or contracted for by the town.  If the 
 19.11  service charge remains unpaid 30 days after a notice of 
 19.12  delinquency is sent to the recipient of the service or the 
 19.13  recipient's representative or estate, the town or its contractor 
 19.14  on behalf of the town may use any lawful means allowed to a 
 19.15  private party for the collection of an unsecured delinquent 
 19.16  debt.  The town may also use the authority of section 366.012 to 
 19.17  collect unpaid service charges of this kind from delinquent 
 19.18  recipients of services who are owners of taxable real property 
 19.19  in the town. 
 19.20     The powers conferred by this section are in addition and 
 19.21  supplemental to the powers conferred by any other law for a town 
 19.22  to impose a service charge or assessment for a service provided 
 19.23  by the town or contracted for by the town. 
 19.24     Sec. 23.  Minnesota Statutes 2000, section 366.012, is 
 19.25  amended to read: 
 19.26     366.012 [COLLECTION OF UNPAID SERVICE CHARGES.] 
 19.27     If a town is authorized to impose a service charge on the 
 19.28  owner, lessee, or occupant of property, or any of them, for a 
 19.29  governmental service provided by the town, the town board may 
 19.30  certify to the county auditor of the county in which the 
 19.31  recipient of the services owns real property, on or before 
 19.32  October 15 for each year, any unpaid service charges which shall 
 19.33  then be collected together with property taxes levied against 
 19.34  the property.  The county auditor shall remit to the town all 
 19.35  service charges collected by the auditor on behalf of the town.  
 19.36  Charges collected under this section for motor vehicle fires 
 20.1   provided by section 161.465, subdivision 2, shall not exceed the 
 20.2   amount authorized in that subdivision, but a town may recover 
 20.3   expenses incurred for extinguishing a motor vehicle fire in 
 20.4   excess of that amount by any other authorized method.  A charge 
 20.5   may be certified to the auditor only if, on or before September 
 20.6   15, the town has given written notice to the property owner of 
 20.7   its intention to certify the charge to the auditor.  The service 
 20.8   charges shall be subject to the same penalties, interest, and 
 20.9   other conditions provided for the collection of property taxes.  
 20.10  This section is in addition to other law authorizing the 
 20.11  collection of unpaid costs and service charges. 
 20.12     Sec. 24.  Laws 2001, First Special Session chapter 8, 
 20.13  article 1, section 2, subdivision 7, is amended to read: 
 20.14  Subd. 7.  State Roads                975,975,000    988,878,000
 20.15                Summary by Fund
 20.16  General                  9,000          9,000
 20.17  Trunk Highway      975,966,000    988,869,000
 20.18  The amounts that may be spent from this 
 20.19  appropriation for each activity are as 
 20.20  follows:  
 20.21  (a) State Road Construction 
 20.22     564,707,000    564,707,000
 20.23  It is estimated that these 
 20.24  appropriations will be funded as 
 20.25  follows:  
 20.26  Federal Highway Aid 
 20.27     275,000,000    300,000,000
 20.28  Highway User Taxes 
 20.29     289,707,000    264,707,000
 20.30  The commissioner of transportation 
 20.31  shall notify the chair of the 
 20.32  transportation budget division of the 
 20.33  senate and chair of the transportation 
 20.34  finance committee of the house of 
 20.35  representatives quarterly of any events 
 20.36  that should cause these estimates to 
 20.37  change. 
 20.38  This appropriation is for the actual 
 20.39  construction, reconstruction, and 
 20.40  improvement of trunk highways.  This 
 20.41  includes the cost of actual payment to 
 20.42  landowners for lands acquired for 
 20.43  highway rights-of-way, payment to 
 20.44  lessees, interest subsidies, and 
 20.45  relocation expenses. 
 21.1   The commissioner may transfer up to 
 21.2   $15,000,000 each year to the 
 21.3   transportation revolving loan fund. 
 21.4   The commissioner may receive money 
 21.5   covering other shares of the cost of 
 21.6   partnership projects.  These receipts 
 21.7   are appropriated to the commissioner 
 21.8   for these projects. 
 21.9   $1,000,000 the first year and 
 21.10  $1,000,000 the second year are for 
 21.11  trunk highway advantages to bus transit 
 21.12  in conjunction with highway 
 21.13  construction or reconstruction projects 
 21.14  in the commissioner's statewide 
 21.15  transportation improvement program.  
 21.16  For purposes of this appropriation, 
 21.17  "advantages to transit" includes 
 21.18  shoulder bus lanes, bus park-and-ride 
 21.19  facilities, and bus passenger waiting 
 21.20  facilities, but does not include (1) 
 21.21  any facility relating to light rail 
 21.22  transit or commuter rail or (2) bus 
 21.23  facilities or operating costs in a 
 21.24  light rail transit or commuter rail 
 21.25  corridor. 
 21.26  $5,000,000 the first year and 
 21.27  $5,000,000 the second year are for 
 21.28  acquisition of right-of-way for trunk 
 21.29  highway construction and reconstruction 
 21.30  projects in advance of final design 
 21.31  work for those projects. 
 21.32  The commissioner may not spend any 
 21.33  money from the trunk highway fund to 
 21.34  pay the operating costs of bus service 
 21.35  intended solely or primarily to 
 21.36  mitigate the effects of trunk highway 
 21.37  construction projects. 
 21.38  Until July 1, 2002, the commissioner 
 21.39  may not cancel, or remove from the 
 21.40  commissioner's statewide transportation 
 21.41  improvement program, the trunk highway 
 21.42  project that would construct a new 
 21.43  bridge across the St. Croix river at or 
 21.44  near the terminus of marked trunk 
 21.45  highway No. 36. 
 21.46  (b) Highway Debt Service 
 21.47      19,235,000     24,228,000
 21.48  $9,235,000 the first year and 
 21.49  $14,228,000 the second year are for 
 21.50  transfer to the state bond fund. 
 21.51  If this appropriation is insufficient 
 21.52  to make all transfers required in the 
 21.53  year for which it is made, the 
 21.54  commissioner of finance shall notify 
 21.55  the committee on state government 
 21.56  finance of the senate and the committee 
 21.57  on ways and means of the house of 
 21.58  representatives of the amount of the 
 21.59  deficiency and shall then transfer that 
 21.60  amount under the statutory open 
 21.61  appropriation.  
 22.1   Any excess appropriation must be 
 22.2   canceled to the trunk highway fund. 
 22.3   (c) Research and Investment Management 
 22.4       12,187,000     12,211,000
 22.5   $600,000 the first year and $600,000 
 22.6   the second year are available for 
 22.7   grants for transportation studies 
 22.8   outside the metropolitan area to 
 22.9   identify critical concerns, problems, 
 22.10  and issues.  These grants are available 
 22.11  to (1) regional development 
 22.12  commissions, and (2) in regions where 
 22.13  no regional development commission is 
 22.14  functioning, joint powers boards 
 22.15  established under agreement of two or 
 22.16  more political subdivisions in the 
 22.17  region to exercise the planning 
 22.18  functions of a regional development 
 22.19  commission, and (3) in regions where no 
 22.20  regional development commission or 
 22.21  joint powers board is functioning, the 
 22.22  department's district office for that 
 22.23  region. 
 22.24  $266,000 the first year and $266,000 
 22.25  the second year are available for 
 22.26  grants to metropolitan planning 
 22.27  organizations outside the seven-county 
 22.28  metropolitan area, including the 
 22.29  Mankato area. 
 22.30  $200,000 the first year is for an 
 22.31  update of the statewide transportation 
 22.32  plan.  This is a onetime appropriation 
 22.33  and may not be added to the agency's 
 22.34  budget base. 
 22.35  $75,000 the first year and $75,000 the 
 22.36  second year are for a transportation 
 22.37  research contingent account to finance 
 22.38  research projects that are reimbursable 
 22.39  from the federal government or from 
 22.40  other sources.  If the appropriation 
 22.41  for either year is insufficient, the 
 22.42  appropriation for the other year is 
 22.43  available for it. 
 22.44  $100,000 in the first year is for a 
 22.45  study of the feasibility and 
 22.46  desirability of allowing all vehicles 
 22.47  to use lanes on marked interstate 
 22.48  highways No. 394 and No. 35W presently 
 22.49  restricted to high-occupancy vehicles 
 22.50  only.  The commissioner shall determine 
 22.51  a time during which such use shall be 
 22.52  allowed, and take all necessary steps 
 22.53  to permit such use for the period of 
 22.54  the study.  The commissioner shall 
 22.55  contract with an independent consultant 
 22.56  to study the effects of opening the 
 22.57  lanes to all vehicles on traffic flow, 
 22.58  traffic congestion, transit and 
 22.59  high-occupancy vehicle use, and highway 
 22.60  safety on interstate highways No. 394 
 22.61  and No. 35W and other affected 
 22.62  highways.  The commissioner shall 
 22.63  report to the legislature on the 
 22.64  results of the study by February 1, 
 23.1   2002.  The commissioner shall take no 
 23.2   actions with respect to this study that 
 23.3   would result in a loss of federal funds 
 23.4   to the state or significant delay to a 
 23.5   state or local transportation project 
 23.6   financed partly with federal funds. 
 23.7   (d) Central Engineering Services
 23.8       65,031,000     66,338,000
 23.9   (e) Design and Construction Engineering
 23.10      89,335,000     91,046,000
 23.11  $500,000 the first year is for 
 23.12  planning, environmental studies, and 
 23.13  preliminary engineering for major river 
 23.14  crossings, other than rail, on the 
 23.15  trunk highway system.  
 23.16  (f) State Road Operations
 23.17     219,863,000    224,602,000
 23.18  $2,750,000 the first year and 
 23.19  $2,750,000 the second year are for 
 23.20  facilities' maintenance. 
 23.21  $2,000,000 the first year and 
 23.22  $2,000,000 the second year are for 
 23.23  improved highway striping. 
 23.24  $3,000,000 the first year and 
 23.25  $3,000,000 the second year are for road 
 23.26  equipment and fabrication of auxiliary 
 23.27  equipment for snowplow trucks. 
 23.28  $875,000 the first year and $875,000 
 23.29  the second year are to support highway 
 23.30  signal and lighting maintenance 
 23.31  activities. 
 23.32  The commissioner shall spend all money 
 23.33  available to the department of 
 23.34  transportation under Public Law Number 
 23.35  105-206, section 164 (repeat offender 
 23.36  transfer program), for hazard 
 23.37  elimination activities under United 
 23.38  States Code, title 23, section 152, and 
 23.39  shall not transfer any part of these 
 23.40  funds to any other agency. 
 23.41  (g) Electronic Communications
 23.42       5,617,000      5,746,000
 23.43                Summary by Fund
 23.44  General                   9,000         9,000
 23.45  Trunk Highway         5,608,000     5,737,000
 23.46  $9,000 the first year and $9,000 the 
 23.47  second year are from the general fund 
 23.48  for equipment and operation of the 
 23.49  Roosevelt signal tower for Lake of the 
 23.50  Woods weather broadcasting. 
 23.51     Sec. 25.  Laws 2001, First Special Session chapter 8, 
 24.1   article 1, section 8, is amended to read: 
 24.2      Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
 24.3   CONSTRUCTION BUDGET.] 
 24.4      The commissioner of transportation shall reduce the 
 24.5   construction budget of the department of transportation 
 24.6   construction district 1 by $35,000,000 $24,700,000 over the 
 24.7   period from fiscal year 2003 through fiscal year 2007, in order 
 24.8   to repay the advance of highway construction funds in fiscal 
 24.9   years 2001 and 2002.  The reduction in each year of the period 
 24.10  must equal the cost of trunk highway construction projects that 
 24.11  were originally scheduled to be constructed during that year 
 24.12  that were constructed in fiscal year 2001 or 2002 instead be 
 24.13  approximately $5,000,000 until the funds advanced have been 
 24.14  repaid. 
 24.15     [EFFECTIVE DATE.] This section is effective the day 
 24.16  following final enactment. 
 24.17     Sec. 26.  Laws 2001, First Special Session chapter 8, 
 24.18  article 2, section 6, is amended to read: 
 24.19     Sec. 6.  [STATE AID FOR CITIES.] 
 24.20     A city that has previously been classified as having a 
 24.21  population of 5,000 or more for the purposes of Minnesota 
 24.22  Statutes, chapter 162, and that has a population greater than 
 24.23  4,900 but less than 5,000 according to the 2000 federal census, 
 24.24  is deemed to have a population of 5,000 for purposes of 
 24.25  Minnesota Statutes, chapter 162, until June 30, 2004.  
 24.26     Sec. 27.  [ST. CROIX RIVER BRIDGE.] 
 24.27     Until July 1, 2003, the commissioner of transportation may 
 24.28  not cancel or remove from the commissioner's statewide 
 24.29  transportation improvement program, the trunk highway project 
 24.30  that would construct a new bridge across the St. Croix river at 
 24.31  or near the terminus of marked trunk highway No. 36. 
 24.32     Sec. 28.  [TRUNK HIGHWAY NO. 169 RECONSTRUCTION; PEDESTRIAN 
 24.33  SIGNAL.] 
 24.34     The commissioner of transportation shall, as part of the 
 24.35  reconstruction of marked trunk highway No. 169 (Ferry Street) in 
 24.36  the city of Anoka, prepare a new signal agreement relating to 
 25.1   the new pedestrian signal located between Benton Street and 
 25.2   Fremont Street.  All costs related to installation of the new 
 25.3   pedestrian signal must be paid by the city of Anoka.  The 
 25.4   commissioner may annually review the installation of the signal 
 25.5   at the East Frontage Road as described in signal agreement No. 
 25.6   81393R.  Notwithstanding approval granted under Minnesota 
 25.7   Statutes 2001, sections 161.162 to 161.167, the new pedestrian 
 25.8   signal shall be designated as the priority signal and the 
 25.9   commissioner may remove the signal at the East Frontage Road 
 25.10  location if the signal is determined detrimental to the safe 
 25.11  operation and functionality of trunk highway No. 169 (Ferry 
 25.12  Street). 
 25.13     Sec. 29.  [PROTECTION OF NATURAL FLOW.] 
 25.14     Any order entered and filed by the court in Court File No. 
 25.15  MC01-07478 in the fourth judicial district of Hennepin county, 
 25.16  based upon a stipulation of the parties which resolves the 
 25.17  underlying dispute supersedes the provisions of Laws 2001, 
 25.18  chapter 101, section 1. 
 25.19     [EFFECTIVE DATE.] This section is effective the day 
 25.20  following final enactment.  
 25.21     Sec. 30.  [VANPOOL DEMONSTRATION PROJECT.] 
 25.22     Subdivision 1.  [DEFINITIONS.] The terms used in this 
 25.23  section have the meanings given them in this subdivision. 
 25.24     (a) An "eligible vanpool" is a commuter van, within the 
 25.25  meaning of Minnesota Statutes, section 221.011, subdivision 27, 
 25.26  that: 
 25.27     (1) has a current vanpool registration through metropolitan 
 25.28  council, metro commuter services; 
 25.29     (2) bears a Minnesota vanpool (VP) license plate; 
 25.30     (3) bears a permanent sign on the front and the rear of the 
 25.31  vehicle in letters not less than four inches high, stating the 
 25.32  vehicle's right to operate on shoulder lanes during peak traffic 
 25.33  hours, Monday through Friday; and 
 25.34     (4) displays a certificate issued by the commissioner of 
 25.35  public safety stating that on a certain date, which must be 
 25.36  within 13 months of the date of operation, a member of the 
 26.1   Minnesota state patrol inspected the van and found that on the 
 26.2   date of inspection the vehicle complied with the applicable 
 26.3   provisions of state law relating to construction, design, 
 26.4   equipment, and signage. 
 26.5      (b) A "certified vanpool driver" is a holder of a Minnesota 
 26.6   driver's license who has obtained an original or renewal vanpool 
 26.7   driver safety certification within the previous 12 months 
 26.8   through the successful completion of a vanpool driver safety 
 26.9   training course offered by the metropolitan council's metro 
 26.10  commuter services or its designee. 
 26.11     Subd. 2.  [AUTHORIZATION TO USE SHOULDER LANES.] An 
 26.12  eligible vanpool that is: 
 26.13     (1) driven by a certified vanpool driver; 
 26.14     (2) carrying a minimum of three passengers, exclusive of 
 26.15  the driver; and 
 26.16     (3) equipped and operated as described in this section, 
 26.17  may be operated on designated bus-only highway shoulders on 
 26.18  I-494 between highways marked Nos. 100 and 212 during peak 
 26.19  travel hours, Monday through Friday. 
 26.20     Subd. 3.  [SPEED LIMIT FOR OPERATION OF VANPOOL ON SHOULDER 
 26.21  LANES.] A person may not drive a vanpool on a designated highway 
 26.22  shoulder at a speed greater than is reasonable and prudent under 
 26.23  the conditions.  Any speed in excess of 35 miles per hour is 
 26.24  unlawful. 
 26.25     Subd. 4.  [VEHICLE LIGHTING.] An eligible vanpool may be 
 26.26  operated on a shoulder lane only if it is equipped with four-way 
 26.27  flashers and a roof-mounted, 360-degree, flashing strobe lamp 
 26.28  that emits a yellow light.  The flashers and strobe light must 
 26.29  be activated during the time a vanpool is operated on a shoulder.
 26.30     Sec. 31.  [VANPOOL DEMONSTRATION PROJECT OVERSIGHT 
 26.31  COMMITTEE.] 
 26.32     Subdivision 1.  [MEMBERSHIP.] The demonstration project 
 26.33  oversight committee must consist of two members designated by 
 26.34  the chair of the metropolitan council, two members designated by 
 26.35  the commissioner of transportation, and two members designated 
 26.36  by the commissioner of public safety. 
 27.1      Subd. 2.  [DUTIES.] The oversight committee shall: 
 27.2      (1) review and evaluate the effectiveness and safety of the 
 27.3   vanpool demonstration project; and 
 27.4      (2) report its findings and recommendations to the house of 
 27.5   representatives and senate committees with jurisdiction over 
 27.6   transportation and transit policy no later than February 15, 
 27.7   2004. 
 27.8      Sec. 32.  [INTERREGIONAL CORRIDOR DESIGNATION.] 
 27.9      The commissioner of transportation shall by August 30, 
 27.10  2002, designate high priority interregional corridors that 
 27.11  connect regional trade and population centers within the state 
 27.12  to Canadian provinces and serve as trade and tourism routes 
 27.13  between the state and Canadian provinces.  
 27.14     Sec. 33.  [COMMUTER RAIL STATION WORKING GROUP.] 
 27.15     The commissioner of transportation shall establish a 
 27.16  working group consisting of local elected officials and 
 27.17  residents living near a proposed commuter rail station in each 
 27.18  city in which a commuter rail station is proposed to be located 
 27.19  to discuss and address local concerns regarding public safety 
 27.20  and security in and around a commuter rail station.  
 27.21     Sec. 34.  [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION 
 27.22  PROJECT.] 
 27.23     Subdivision 1.  [ESTABLISHMENT OF PROJECT.] The 
 27.24  commissioner of transportation, in cooperation with the trunk 
 27.25  highway No. 55 joint powers board, shall establish a 
 27.26  corridor-protection demonstration project along the corridor of 
 27.27  trunk highway signed No. 55 between interstate highway signed 
 27.28  No. I-494 in Hennepin county and the city of Annandale in Wright 
 27.29  county.  The purpose of the corridor-protection demonstration 
 27.30  project is to develop a transferable process and methodologies 
 27.31  for trunk highway corridor coalitions to use in protecting a 
 27.32  corridor for future capacity needs, such as for additional 
 27.33  lanes, safety improvements, improved access management, and 
 27.34  transit services. 
 27.35     The commissioner, or a designee, shall participate as a 
 27.36  nonvoting member of the trunk highway No. 55 joint powers board, 
 28.1   provide technical advice and guidance relating to developing a 
 28.2   corridor-protection plan and official map, and provide a grant 
 28.3   to the board to hire a consultant.  The joint powers board shall 
 28.4   use the grant to hire a consultant to conduct, at a minimum, the 
 28.5   following activities: 
 28.6      (1) develop a preliminary plan and layout for the future 
 28.7   boundaries and right-of-way needs of the highway corridor; 
 28.8      (2) develop an official map of the corridor; 
 28.9      (3) conduct at least one official public hearing in the 
 28.10  corridor upon completion of the official map; 
 28.11     (4) assist the municipalities in making any necessary 
 28.12  comprehensive plan amendments, zoning changes, or ordinance 
 28.13  changes; and 
 28.14     (5) educate the municipalities regarding appropriate 
 28.15  strategies, procedures, and tools to use to protect the corridor 
 28.16  for the planned right-of-way needs. 
 28.17     Subd. 2.  [REPORT TO THE LEGISLATURE.] By January 15, 2004, 
 28.18  the commissioner shall report the results of the 
 28.19  corridor-protection demonstration project to the committees of 
 28.20  the senate and house of representatives with jurisdiction over 
 28.21  transportation policy and finance.  The report must include 
 28.22  findings regarding the effectiveness of assisting communities in 
 28.23  developing a corridor-protection plan and official map and 
 28.24  estimates of future right-of-way savings due to early 
 28.25  implementation of right-of-way protection mechanisms. 
 28.26     Subd. 3.  [APPROPRIATION.] $500,000 is appropriated from 
 28.27  the trunk highway fund to the commissioner of transportation to 
 28.28  be used as a grant to the trunk highway No. 55 joint powers 
 28.29  board for costs of hiring a consultant to conduct the activities 
 28.30  described in subdivision 1.  The grant is available only upon 
 28.31  the formation of a trunk highway No. 55 joint powers board that, 
 28.32  at a minimum, includes the counties of Hennepin and Wright, and 
 28.33  a majority of the cities and townships that include or border 
 28.34  trunk highway signed No. 55 between interstate highway signed 
 28.35  No. I-494 and the city of Annandale.  This appropriation cancels 
 28.36  to the trunk highway fund if a joint powers board has not been 
 29.1   formed by January 15, 2003, otherwise, it is available until 
 29.2   June 30, 2004. 
 29.3      Sec. 35.  [APPROPRIATION FOR TRANSPORTATION BUILDING.] 
 29.4      $5,046,000 is appropriated from the trunk highway fund to 
 29.5   the commissioner of administration for Minnesota department of 
 29.6   transportation building exterior repair, phase 1.  This 
 29.7   appropriation is to design and repair the anchoring system of 
 29.8   the exterior cladding of the department of transportation 
 29.9   building located at 395 John Ireland Boulevard in the capitol 
 29.10  complex. 
 29.11     Sec. 36.  [APPROPRIATION FOR CONSOLIDATED OPERATIONS 
 29.12  SUPPORT FACILITY.] 
 29.13     $9,500,000 is appropriated from the trunk highway fund to 
 29.14  the commissioner of transportation to design, construct, 
 29.15  furnish, and equip the consolidation of the central shop, 
 29.16  electrical services, and central inventory center in one 
 29.17  location.  
 29.18     Sec. 37.  [APPROPRIATION FOR MANKATO HEADQUARTERS 
 29.19  BUILDING.] 
 29.20     $14,000,000 is appropriated from the trunk highway fund to 
 29.21  the commissioner of transportation to design, construct, 
 29.22  furnish, and equip a replacement headquarters building and 
 29.23  support facilities on a new site in Mankato for Minnesota 
 29.24  department of transportation, state patrol, and driver's license 
 29.25  examination station. 
 29.26     Sec. 38.  [APPROPRIATION FOR COMMUNICATIONS/BACKBONE 
 29.27  DIGITAL CONVERSION.] 
 29.28     $2,000,000 is appropriated from the trunk highway fund to 
 29.29  the commissioner of transportation to convert the existing 
 29.30  Minnesota department of transportation analog microwave backbone 
 29.31  to digital equipment. 
 29.32     Sec. 39.  [APPROPRIATION FOR JOINT USE BUILDING IN 
 29.33  PENNINGTON COUNTY.] 
 29.34     $4,450,000 is appropriated from the trunk highway fund to 
 29.35  the commissioner of transportation to design, construct, 
 29.36  furnish, and equip a building in Pennington county for the joint 
 30.1   use of the county of Pennington and departments of 
 30.2   transportation, public safety, and natural resources for vehicle 
 30.3   maintenance and vehicle storage.  
 30.4      Sec. 40.  [EXEMPTION FROM MATCHING REQUIREMENT.] 
 30.5      All money received under Public Law Number 107-71, the 
 30.6   Aviation and Transportation Security Act, is exempt from the 
 30.7   matching requirements of Minnesota Statutes, section 360.305, 
 30.8   subdivision 4. 
 30.9      Sec. 41.  [REPEALER.] 
 30.10     Minnesota Statutes 2000, section 221.0313, is repealed.  
 30.11     Sec. 42.  [EFFECTIVE DATE.] 
 30.12     Section 1 is effective August 1, 2002, and applies to 
 30.13  public works contracts entered into on or after that date.  
 30.14  Section 28 is effective the day following final enactment.  
 30.15  Sections 30 and 31 are effective July 1, 2002, and are repealed 
 30.16  effective June 30, 2004. Sections 35 to 39 are effective the day 
 30.17  following final enactment, and each appropriation is available 
 30.18  until the project is completed or abandoned.