Minnesota Legislature
HF 761
as introduced - 88th Legislature (2013 - 2014) Posted on 02/22/2013 01:33pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/21/2013 |
Current Version - as introduced
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A bill for an act
relating to transportation; modifying the sign franchise program; making
changes to the trunk highway emergency relief account; modifying requirements
for variances from rules and engineering standards for the county state-aid
highway and municipal state-aid street systems; amending a definition in the
formula for apportionment to cities; modifying the public transit participation
program; updating railroad crossing warning sign requirements; making
conforming changes to medical waiver requirements for intrastate motor carrier
drivers; amending Minnesota Statutes 2012, sections 160.80, subdivisions
1, 1a, 2; 161.04, subdivision 5; 162.02, subdivision 3a; 162.09, subdivision
3a; 162.13, subdivision 2; 174.24, subdivision 5a; 219.17; 219.18; 219.20;
221.0314, subdivisions 2, 3a; repealing Minnesota Statutes 2012, section 174.24,
subdivision 5; Minnesota Rules, part 8820.3300, subpart 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 160.80, subdivision 1, is amended to read:
Subdivision 1.
Commissioner may establish program.
(a) The commissioner of
transportation may establish a sign franchise program for the purpose of providing on the
right-of-way of interstate and controlled-access trunk highways specific information on
gas, food, camping, lodging, new text begin attractions, new text end and 24-hour pharmacies for the benefit of the
motoring public.
(b) The sign franchise program must include urban interstate highways.
Sec. 2.
Minnesota Statutes 2012, 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;new text begin and
new text end
(4) deleted text begin not impose a cover charge or otherwise require customers to purchase additional
products or services; and
deleted text end
deleted text begin (5)deleted text end meet the appropriate criteria in paragraphs (b) to deleted text begin (f)deleted text end new text begin (k)new text end .
(b) Gas businesses must provide vehicle services including deleted text begin fueldeleted text end new text begin gas or alternative
fuelsnew text end 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 deleted text begin ten hours a day, seven days adeleted text end new text begin six days pernew text end 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; new text begin provide restroom facilities; provide public
access to a telephone; new text end and possess any required state or local licensing or approval.
Seasonal food service businesses must provide a continuous, staffed food service operation
deleted text begin at least ten hours a daydeleted text end new text begin serving at least two meals per day six days per weeknew text end , deleted text begin seven days a
week,deleted text end during their months of operation.
(d) Lodging businesses must include sleeping accommodations, provide public
access to a telephone, new text begin provide restroom facilities, new text end 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) 24-hour pharmacy businesses must be continuously operated 24 hours per day,
seven days per week, and must have a state-licensed pharmacist present and on duty at
all times.
new text begin
(g) Attractions businesses must have regional significance with the primary purpose
of providing amusement, historical, cultural, or leisure activities to the public; provide
restroom facilities and drinking water; possess any required state or local licensing
approval; and provide adequate bus and vehicle parking accommodations for normal
attendance.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end Seasonal businesses must indicate to motorists when they are open for business
by deleted text begin eitherdeleted text end putting the deleted text begin fulldeleted text end months of operation directly on the business panel deleted text begin or by having a
"closed" plaque applied to the business panel when the business is closed for the seasondeleted text end .
deleted text begin (h)deleted text end new text begin (i)new text end The maximum distance that an eligible business in deleted text begin Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, or Washington Countydeleted text end new text begin an urban areanew text end can be located from the
interchange is: for gasnew text begin , food, lodging, attraction, and 24-hour pharmacynew text end businesses, deleted text begin one
miledeleted text end new text begin three milesnew text end ; deleted text begin for food businesses, two miles; for lodging businesses and 24-hour
pharmacies, three miles;deleted text end and for camping businesses, ten miles.
deleted text begin (i)deleted text end new text begin (j)new text end The maximum distance that an eligible business in deleted text begin any other countydeleted text end new text begin a rural
areanew text end can be located from the interchange shall not exceed 15 miles in either direction,
except the maximum distance that an eligible 24-hour pharmacy business can be located
from the interchange shall not exceed three miles in either direction.
deleted text begin
(j) Logo sign panels must be erected so that motorists approaching an interchange
view the panels in the following order: 24-hour pharmacy, camping, lodging, food, gas.
deleted text end
deleted text begin
(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.
deleted text end
new text begin
(k) If there is available space on a logo sign panel and no application has been
received by the franchise from a fully eligible business, a substantially eligible business
may be allowed the space.
new text end
Sec. 3.
Minnesota Statutes 2012, section 160.80, subdivision 2, is amended to read:
Subd. 2.
Franchises.
The commissioner may, by public negotiation or bid, grant
one or more franchises to qualified persons to erect and maintain, on the right-of-way of
interstate and controlled-access trunk highways, signs informing the motoring public of
gas, food, lodging, camping facilities, new text begin attractions, new text end and 24-hour pharmacies. A franchisee
shall furnish, install, maintain, and replace signs for the benefit of advertisers who provide
gas, food, lodging, camping facilities, new text begin attractions, new text end and 24-hour pharmacies for the general
public, and lease advertising space on the signs to operators of these facilities.
Sec. 4.
Minnesota Statutes 2012, section 161.04, subdivision 5, is amended to read:
Subd. 5.
Trunk highway emergency relief account.
(a) The trunk highway
emergency relief account is created in the trunk highway fund. Money in the account is
appropriated to the commissioner to be used to fund relief activities related to an emergency,
as defined in section 161.32, subdivision 3new text begin , or under section 12A.16, subdivision 1new text end .
(b) Reimbursements by the Federal Highway Administration for emergency relief
payments made from the trunk highway emergency relief account must be credited to the
account. deleted text begin Interest accrued on the account must be credited to the account.deleted text end Notwithstanding
section 16A.28, money in the account is available until spent. If the balance of the account
at the end of a fiscal year is greater than $10,000,000, the amount above $10,000,000
must be canceled to the trunk highway fund.
(c) By September 1, 2012, and in every subsequent even-numbered year by
September 1, the commissioner shall submit a report to the chairs and ranking minority
members of the senate and house of representatives committees having jurisdiction over
transportation policy and finance. The report must include the balance, as well as details
of payments made from and deposits made to the trunk highway emergency relief account
since the last report.
Sec. 5.
Minnesota Statutes 2012, section 162.02, subdivision 3a, is amended to read:
Subd. 3a.
Variances from rules and engineering standards.
(a) 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 comply with section
174.75, subdivision 5, in evaluating a variance request related to a complete streets project.
(b) deleted text begin 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.
deleted text end The commissioner may grant or deny the variance within 30 days of deleted text begin providing notice of
deleted text end new text begin receivingnew text end the new text begin variance new text end request. deleted text begin If a written objection to the request is received within
seven days of providing notice, the variance shall be granted or denied only after a
contested case hearing has been held on the request.deleted text end If deleted text begin no timely objection is received and
deleted text end the variance is denied deleted text begin without hearingdeleted text end , the political subdivision may request, within 30
days of receiving notice of denial, and shall be granted a contested case hearing.
(c) 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. 6.
Minnesota Statutes 2012, section 162.09, subdivision 3a, is amended to read:
Subd. 3a.
Variances from rules and engineering standards.
(a) 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 comply with section
174.75, subdivision 5, in evaluating a variance request related to a complete streets project.
(b) deleted text begin 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.
deleted text end The commissioner may grant or deny the variance within 30 days of deleted text begin providing notice of
deleted text end new text begin receivingnew text end the new text begin variance new text end request. deleted text begin If a written objection to the request is received within
seven days of providing notice, the variance shall be granted or denied only after a
contested case hearing has been held on the request.deleted text end If deleted text begin no timely objection is received and
deleted text end the variance is denied deleted text begin without hearingdeleted text end , the political subdivision may request, within 30
days of receiving notice of denial, and shall be granted a contested case hearing.
(c) 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. 7.
Minnesota Statutes 2012, section 162.13, subdivision 2, is amended to read:
Subd. 2.
Money needs defined.
For the purpose of this section money needs of each
city having a population of 5,000 or more are defined as the estimated cost of constructing
and maintaining over a period of 25 years the municipal state-aid street system in such
city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
and other costs incidental to construction and maintenance, or a specified portion of such
costs, as set forth in the commissioner's rules, may be included in determining money
needs. deleted text begin When a county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid street only the
construction and maintenance costs of the portion of the street other than the portions taken
over by the county shall be included in the money needs of the city.deleted text end To avoid variances
in costs due to differences in construction and maintenance policy, construction and
maintenance costs shall be estimated on the basis of the engineering standards developed
cooperatively by the commissioner and the engineers, or a committee thereof, of the cities.
Sec. 8.
Minnesota Statutes 2012, section 174.24, subdivision 5a, is amended to read:
Subd. 5a.
Method of payment, deleted text begin nonoperatingdeleted text end assistance.
Payments for planning
and engineering design, eligible capital assistance, new text begin operating assistance, new text end and other
eligible assistance for public transit services furthering the purposes of section 174.21deleted text begin ,
excluding operating assistance,deleted text end shall be made in an appropriate manner as determined by
the commissioner.
Sec. 9.
Minnesota Statutes 2012, section 219.17, is amended to read:
219.17 UNIFORM WARNING SIGNS.
The commissioner by rule shall require that uniform warning signs be placed at
grade crossings. There deleted text begin must be at least threedeleted text end new text begin are fournew text end distinct types of uniform warning
signs: a deleted text begin home crossingdeleted text end new text begin crossbucknew text end sign, for use in the immediate vicinity of the crossing;
an deleted text begin approach crossingdeleted text end new text begin advance warningnew text end sign, to indicate the approach to a grade crossing;new text begin a
yield sign with the word "yield" plainly appearing on it;new text end and, when deemed necessarynew text begin and
instead of a yield signnew text end , a stop sign with the word "stop" plainly appearing on it, to indicate
that persons on the highway approaching the crossing, whether in vehicles or otherwise,
must come to a stop before proceeding over the grade crossing.
Sec. 10.
Minnesota Statutes 2012, section 219.18, is amended to read:
219.18 RAILROAD TO ERECT SIGN.
At each grade crossing established after April 23, 1925 and where and when crossing
signs existing as of April 24, 1925 are replaced, the railway company operating the railroad
at that crossing shall erect and maintain one or more uniform deleted text begin home crossingdeleted text end new text begin crossbuck
new text end signs. The signs must be on each side of the railroad tracks and within deleted text begin 75deleted text end new text begin 50new text end feet from the
nearest railnew text begin , or at a distance greater than 50 feet as determined by the commissionernew text end .
Sec. 11.
Minnesota Statutes 2012, section 219.20, is amended to read:
219.20 STOP SIGNnew text begin ; YIELD SIGNnew text end .
Subdivision 1.
When installation required; procedure.
At each grade crossingnew text begin not
equipped with flashing lights or flashing lights and gatesnew text end where, because of the dangers
attendant upon its use, the reasonable protection of life and property makes it necessary
for persons approaching the crossing to stopnew text begin or yieldnew text end before crossing the railroad tracks,
stop signsnew text begin or yield signsnew text end must be installed. When the government entity responsible for a
road that crosses a railroad track deems it necessary to install stop signsnew text begin or yield signs
new text end at that crossing, it shall petition the commissioner to order the installation of the stop
signsnew text begin or yield signsnew text end . The commissioner shall respond to the petition by investigating
the conditions at the crossing to determine whether stop signsnew text begin or yield signsnew text end should be
installed at the crossing. On determining, after an investigation following a petition from
a governmental agency or subdivision or on the commissioner's own motion, that stop
signsnew text begin or yield signsnew text end should be installed at a crossing, the commissioner shall designate
the crossing as a stop crossingnew text begin or yield crossingnew text end and shall notify the railway company
operating the railroad at the crossing of this designation. Within 30 days after notification,
the railway company shall erect the uniform stop crossing signsnew text begin or yield crossing signsnew text end in
accordance with the commissioner's order.
Subd. 2.
Stopping distances.
When a stop signnew text begin or a yield signnew text end has been erected at
a railroad crossing, the driver of a vehicle approaching a railroad crossing shall stopnew text begin or
yieldnew text end within 50 feet, but not less than ten feet, from the nearest track of the crossing and
shall proceed only upon exercising due care.
Sec. 12.
Minnesota Statutes 2012, section 221.0314, subdivision 2, is amended to read:
Subd. 2.
Qualification of driver.
Code of Federal Regulations, title 49, part
391 and appendixes D and E, are incorporated by reference except for sections 391.2;
391.11, paragraph (b)(1); 391.47; 391.49; 391.62; 391.64; 391.67; 391.68; and 391.69. In
addition, cross-references to sections or paragraphs not incorporated in this subdivision
are not incorporated by reference.new text begin For medical examinations conducted on and after May
21, 2014, the term "medical examiner" as used in this section and in the rules promulgated
under this section means an individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified Medical Examiners.
new text end
Sec. 13.
Minnesota Statutes 2012, section 221.0314, subdivision 3a, is amended to read:
Subd. 3a.
Waiver for other medical condition.
(a) The commissioner may grant
a waiver to a person who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, deleted text begin paragraph (b)(3) to (b)(13)deleted text end new text begin paragraph (b)(3), (b)(10),
or (b)(11)new text end . A waiver granted under this subdivision applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be
operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive
under the waiver that are designed to accommodate the applicant's medical condition or
disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner'snew text begin report and medical examiner'snew text end certificate showing
that the applicant is medically unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course
of treatment prescribed by the physician, including the ability to self-monitor or manage
the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not
adversely affect the applicant's ability to operate anew text begin commercialnew text end motor vehicle safely; and
(10) any other information considered necessary by the commissioner including
requiring a physical examination or medical report from a physician who specializes
in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose
conditions the commissioner considers necessary to ensure that an applicant is able to
operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from
the person's treating physician, or a medical specialist if the commissioner so requires in
the waiver, that contain the information described in paragraph (b), clause (9), together
with a description of any episode that involved the person's loss of consciousness or loss
of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.
deleted text begin
(e) The commissioner shall deny an application if, during the three years preceding
the application:
deleted text end
deleted text begin
(1) the applicant's driver's license has been suspended under section 171.18,
paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
under section 171.17, 171.172, or 171.174;
deleted text end
deleted text begin
(2) the applicant has been convicted of a violation under section 171.24; or
deleted text end
deleted text begin
(3) the applicant has been convicted of a disqualifying offense, as defined in Code
of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
by reference.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end The commissioner may deny an application or may immediately revoke
a waiver granted under this subdivision. Notice of the commissioner's reasons for
denying an application or for revoking a waiver must be in writing and must be mailed
to the applicant's or waiver holder's last known address by certified mail, return receipt
requested. A person whose application is denied or whose waiver is revoked is entitled to
a hearing under chapter 14.
deleted text begin (g)deleted text end new text begin (f)new text end A waiver granted under this subdivision expires on the date of expiration
shown on the medical examiner's certificate described in paragraph (b), clause (8).
Sec. 14 new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2012, section 174.24, subdivision 5,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, part 8820.3300, subpart 2,
new text end
new text begin
is repealed.
new text end