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HF 3219

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2022 02:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2022

Current Version - as introduced

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A bill for an act
relating to transportation; making various policy changes, including to bikeways,
public transit grant rules, funding county and city streets, the municipal screening
board, Indian employment preference, insurance requirements for small unmanned
aircraft systems, legislative route turnbacks, and the Board of Architecture;
amending Minnesota Statutes 2020, sections 160.266, by adding a subdivision;
161.115, by adding a subdivision; 162.07, subdivision 2; 162.13, subdivisions 2,
3; Minnesota Statutes 2021 Supplement, sections 360.55, subdivision 9; 360.59,
subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 161;
repealing Minnesota Rules, part 8835.0350, subpart 2.

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

Section 1.

Minnesota Statutes 2020, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin North Star Bikeway. new text end

new text begin The North Star Bikeway is designated as a state bicycle
route. It must originate in the city of St. Paul in Ramsey County, then proceed north and
east to Duluth in St. Louis County, then proceed north and east along the shore of Lake
Superior through Grand Marais in Cook County to Minnesota's boundary with Canada, and
there terminate.
new text end

Sec. 2.

Minnesota Statutes 2020, section 161.115, is amended by adding a subdivision to
read:


new text begin Subd. 271. new text end

new text begin Route No. 340. new text end

new text begin Beginning at a point in or adjacent to Upper Sioux Agency
State Park; thence extending in a general northwesterly direction to a point on Route No.
67 at or near Granite Falls.
new text end

Sec. 3.

new text begin [161.369] INDIAN EMPLOYMENT PREFERENCE.
new text end

new text begin As authorized by United States Code, title 23, section 104, paragraph (d), the
commissioner may implement an Indian employment preference for members of federally
recognized Tribes on projects carried out under United States Code, title 23, on or near an
Indian reservation. For purposes of this section, a project is near an Indian reservation if
the project is within the distance a person seeking employment could reasonably be expected
to commute to and from each workday. The commissioner, in consultation with federally
recognized Minnesota Tribes, may determine when a project is near an Indian reservation.
new text end

Sec. 4.

Minnesota Statutes 2020, section 162.07, subdivision 2, is amended to read:


Subd. 2.

Money needs defined.

For the purpose of this section, money needs of each
county are defined as the estimated total annual costs of constructing, over a period of 25
years, the county state-aid highway system deleted text begin indeleted text end new text begin located and established bynew text end that county. Costs
incidental to construction, or a specified portion thereof as set forth in the commissioner's
rules may be included in determining money needs. To avoid variances in costs due to
differences in construction policy, construction costs shall be estimated on the basis of the
engineering standards developed cooperatively by the commissioner and the county engineers
of the several counties.

Sec. 5.

Minnesota Statutes 2020, 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 deleted text begin indeleted text end new text begin located
and established by
new text end 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. 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. 6.

Minnesota Statutes 2020, section 162.13, subdivision 3, is amended to read:


Subd. 3.

Screening board.

On or before September 1 of each year, the engineer of each
city having a population of 5,000 or more deleted text begin shalldeleted text end new text begin must update their data andnew text end forward to the
commissioner deleted text begin on forms prepared by the commissioner,deleted text end all information relating to the money
needs of the city that the commissioner deems necessary in order to apportion the municipal
state-aid street fund in accordance with the apportionment formula deleted text begin heretofore set forthdeleted text end .
Upon receipt of the information the commissioner deleted text begin shalldeleted text end new text begin mustnew text end appoint a board of city
engineers. The board deleted text begin shalldeleted text end new text begin mustnew text end be composed of deleted text begin one engineer from each state highway
construction district, and in addition thereto,
deleted text end new text begin : (1) two city engineers from the metropolitan
district; (2) one city engineer from each nonmetropolitan district; and (3)
new text end one engineer from
each city of the first class. The board deleted text begin shalldeleted text end new text begin mustnew text end investigate and review the information
submitted by each city. On or before November 1 of each year, the board deleted text begin shalldeleted text end new text begin mustnew text end submit
its findings and recommendations in writing as to each city's money needs to the
commissioner on a form prepared by the commissioner. Final determination of the money
needs of each city deleted text begin shalldeleted text end new text begin mustnew text end be made by the commissioner. In the event that any city deleted text begin shall
fail
deleted text end new text begin failsnew text end to submit thenew text begin requirednew text end information deleted text begin provided for hereindeleted text end , the commissioner deleted text begin shalldeleted text end new text begin
must
new text end estimate the money needs of the city. The estimate deleted text begin shalldeleted text end new text begin mustnew text end be used in solving the
apportionment formula. The commissioner may withhold payment of the amount apportioned
to the city until the information is submitted.

Sec. 7.

Minnesota Statutes 2021 Supplement, section 360.55, subdivision 9, is amended
to read:


Subd. 9.

Small unmanned aircraft systems.

(a) Any small unmanned aircraft system
deleted text begin in which the unmanned aircraft weighs less than 55 pounds at takeoff, including payload
and anything affixed to the aircraft, either
deleted text end new text begin , as defined in section 360.013, subdivision 57bnew text end :

(1) must be registered in the state for an annual fee of $25; or

(2) is not subject to registration or an annual fee if the unmanned aircraft system is owned
and operated solely for recreational purposes.

(b) An unmanned aircraft system that meets the requirements under paragraph (a) is
exempt from aircraft registration tax under sections 360.511 to 360.67.

new text begin (c) Owners must, at the time of registration, provide proof of insurability in a form
acceptable to the commissioner. Additionally, owners must maintain records and proof that
each flight was covered by an insurance policy with limits of not less than $300,000 per
occurrence for bodily injury or death to nonpassengers in any one accident. The insurance
must comply with section 60A.081, unless that section is inapplicable under section 60A.081,
subdivision 3.
new text end

Sec. 8.

Minnesota Statutes 2021 Supplement, section 360.59, subdivision 10, is amended
to read:


Subd. 10.

Certificate of insurance.

(a) Every owner of aircraft in this state when applying
for registration, reregistration, or transfer of ownership shall supply any information the
commissioner reasonably requires to determine that the aircraft during the period of its
contemplated operation is covered by an insurance policy with limits of not less than
$100,000 per passenger seat liability both for passenger bodily injury or death and for
property damage; not less than $100,000 for bodily injury or death to each nonpassenger
in any one accident; and not less than $300,000 per occurrence for bodily injury or death
to nonpassengers in any one accident. The insurance must comply with section 60A.081,
unless that section is inapplicable under section 60A.081, subdivision 3.

The information supplied to the commissioner must include but is not limited to the
name and address of the owner, the period of contemplated use or operation, if any, and, if
insurance coverage is then presently required, the name of the insurer, the insurance policy
number, the term of the coverage, policy limits, and any other data the commissioner requires.
No certificate of registration shall be issued pursuant to subdivision 3 in the absence of the
information required by this subdivision.

(b) In the event of cancellation of aircraft insurance by the insurer, the insurer shall
notify the Department of Transportation at least ten days prior to the date on which the
insurance coverage is to be terminated. Unless proof of a new policy of insurance is filed
with the department meeting the requirements of this subdivision during the period of the
aircraft's contemplated use or operation, the registration certificate for the aircraft shall be
revoked forthwith.

(c) Nothing in this subdivision shall be construed to require an owner of aircraft to
maintain passenger seat liability coverage on aircraft for which an experimental certificate
has been issued by the administrator of the Federal Aviation Administration pursuant to
Code of Federal Regulations, title 14, sections 21.191 to 21.195 and 91.319, whereunder
persons operating the aircraft are prohibited from carrying passengers in the aircraft or for
an unmanned aircraft. Whenever the aircraft becomes certificated to carry passengers,
passenger seat liability coverage shall be required as provided in this subdivision.

(d) The requirements of this subdivision shall not apply to any aircraft built by the
original manufacturer prior to December 31, 1939, and owned and operated solely as a
collector's item, if the owner files an affidavit with the commissioner. The affidavit shall
state the owner's name and address, the name and address of the person from whom the
aircraft was purchased, the make, year, and model number of the aircraft, the federal aircraft
registration number, the manufacturer's identification number, and that the aircraft is owned
and operated solely as a collector's item and not for general transportation purposes.

deleted text begin (e) A small unmanned aircraft system that meets the requirements of section 360.55,
subdivision 9, is not subject to the requirements under paragraphs (a) and (b). Owners of
small unmanned aircraft systems that meet the requirements of section 360.55, subdivision
9, must, at the time of registration, provide proof of insurability in a form acceptable to the
commissioner. Additionally, such operators must maintain records and proof that each flight
was insured for the limits established in paragraph (a).
deleted text end

Sec. 9. new text begin LEGISLATIVE ROUTE NO. 274 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 205, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Yellow Medicine County to transfer jurisdiction
of Legislative Route No. 274 and notifies the revisor of statutes under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 10. new text begin LEGISLATIVE ROUTE NO. 301 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 232, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of St. Cloud to transfer jurisdiction of
Legislative Route No. 301 and notifies the revisor of statutes under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 8835.0350, subpart 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 22-04664

8835.0350 FINANCIAL RECORDS.

Subp. 2.

Reports.

At the end of each month of operation, a recipient shall provide the department with a report summarizing cost allocations and operating statistics for the period. Reports must be completed on forms provided or approved by the department and must be submitted no later than the last day of the month following the reporting period. The recipient shall submit to the department the final report for the contract period no later than 90 days after the contract period ends.