HF 4539

as introduced - 91st Legislature (2019 - 2020) Posted on 04/17/2020 03:08pm

A bill for an act
relating to transportation finance; providing additional funding for certain
transportation and public safety activities; modifying various provisions governing
transportation policy and finance; establishing penalties; requiring a report;
appropriating money; amending Minnesota Statutes 2018, sections 161.23,
subdivisions 2, 2a; 161.44, subdivisions 6a, 6b; 168.012, subdivision 1c; 168.27,
subdivision 16; 169.09, subdivisions 5, 13; 216D.01, subdivision 5; 216D.03, by
adding a subdivision; 216D.06, subdivision 1; 219.015, subdivisions 1, 2; 219.1651;
221.0314, subdivision 3a; 299D.03, subdivision 5; 299F.60, subdivision 1; 299J.16,
subdivision 1; 360.013, by adding subdivisions; 360.018, by adding a subdivision;
360.55, by adding a subdivision; 360.59, subdivision 10; 360.62; Minnesota Statutes
2019 Supplement, sections 169.86, subdivision 5; 360.024, subdivision 1; Laws
2010, chapter 351, section 69; proposing coding for new law in Minnesota Statutes,
chapters 169; 216F; 360; 473; repealing Minnesota Statutes 2018, section 169.09,
subdivision 7.

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

ARTICLE 1

TRANSPORTATION AND PUBLIC SAFETY APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2019, First Special Session chapter 3, article 1, to the agencies and for the purposes
specified in this article. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. The figures "2020"
and "2021" used in this article mean that the addition to the appropriation listed under them
is available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin METROPOLITAN COUNCIL new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 3,703,000 new text end

new text begin The appropriations in this section are to the
Metropolitan Council. The amounts that may
be spent for each purpose are specified in the
following subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Transit System Operations new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 3,703,000 new text end

new text begin This appropriation is to the Metropolitan
Council for additional safety and fare
compliance measures by Metro Transit on
arterial bus rapid transitways and other bus
rapid transitways, light rail, and North Star
lines, including transit service monitors,
additional peace officers, and enhanced
monitoring of light rail video. The base for
this appropriation is $4,897,000 in fiscal year
2022 and $6,978,000 in fiscal year 2023 for
safety and fare compliance measures by Metro
Transit.
new text end

Sec. 3. new text begin DEPARTMENT OF PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 3,900,000 new text end

new text begin $ new text end

new text begin 7,594,000 new text end

new text begin The appropriations in this section are to the
commissioner of public safety. The amounts
that may be spent for each purpose are
specified in the following subdivisions.
new text end

new text begin Subd. 2. new text end new text begin State Patrol new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin $ new text end

new text begin 7,594,000 new text end

new text begin (a) Patrolling Highways new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin $ new text end

new text begin 5,668,000 new text end

new text begin $1,500,000 in fiscal year 2020 and $5,668,000
in fiscal year 2021 and each year thereafter
are appropriated from the trunk highway fund
for staff and operating costs.
new text end

new text begin (b) Commercial Vehicle Enforcement new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 648,000 new text end

new text begin $648,000 in fiscal year 2021 and each year
thereafter is appropriated from the trunk
highway fund for staff and operating costs.
new text end

new text begin (c) Capitol Security new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,278,000 new text end

new text begin $1,278,000 in fiscal year 2021 and each year
thereafter is appropriated from the general
fund for staff and operating costs.
new text end

new text begin Subd. 3. new text end new text begin Driver and Vehicle Services new text end

new text begin $ new text end

new text begin 2,400,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $2,400,000 in fiscal year 2020 is appropriated
from the general fund for temporary staff and
operating costs related to REAL ID
implementation. This appropriation is onetime
and is available until January 31, 2021.
new text end

ARTICLE 2

TRANSPORTATION POLICY AND FINANCE

Section 1.

Minnesota Statutes 2018, section 161.23, subdivision 2, is amended to read:

Subd. 2.

Conveyance of excess.

On acquiring real estate in excess of what is needed
for trunk highway purposes as authorized in subdivision 1, the commissioner of transportation
shall, within one year after the completion of the construction, reconstruction, or improvement
of the highway for which a portion of the real estate was needed and required, convey and
quitclaim the excess real estate new text begin . The lands may be sold and conveyed to the owner of the
land abutting upon the lands in the same manner and under the same terms provided under
section 161.44, subdivision 2, or new text end to the highest responsible bidder, after receipt of sealed
bids following mailed notice to adjacent landowners and published notice of the sale for
three successive weeks in a newspaper or trade journal of general circulation in the territory
from which bids are likely to be received. All bids may be rejected and new bids received
upon like advertisement. new text begin If the lands remain unsold after being offered for sale, the
commissioner may offer the remaining lands to any person who agrees to pay the minimum
bid established for the public sale. The sale must continue until all eligible lands have been
sold or the commissioner withdraws the remaining lands from the sale. The lands to be sold
must be listed on the department's unsold property inventory list. new text end The deed may contain
restrictive clauses limiting the use of such real estate in the interests of safety and convenient
public travel when the commissioner finds that the restrictions are reasonably necessary.

Sec. 2.

Minnesota Statutes 2018, section 161.23, subdivision 2a, is amended to read:

Subd. 2a.

Services of licensed real estate broker.

If the lands remain unsold after being
offered for sale to the highest bidder, the commissioner may retain the services of a licensed
real estate broker to find a buyer. The sale price may be negotiated by the broker, but must
not be less than deleted text begin 90 deleted text end new text begin 80 new text end percent of the appraised market value as determined by the
commissioner. The broker's fee must be established by prior agreement between the
commissioner and the broker, and must not exceed ten percent of the sale price for sales of
$10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.

Sec. 3.

Minnesota Statutes 2018, section 161.44, subdivision 6a, is amended to read:

Subd. 6a.

Services of licensed real estate broker.

If the lands are withdrawn from sale
under subdivision 6b, the commissioner may retain the services of a licensed real estate
broker to find a buyer. The sale price may be negotiated by the broker, but must not be less
than deleted text begin 90 deleted text end new text begin 80 new text end percent of the appraised market value as determined by the commissioner. The
broker's fee must be established by prior agreement between the commissioner and the
broker, and must not exceed ten percent of the sale price for sales of $10,000 or more. The
broker's fee must be paid to the broker from the proceeds of the sale.

Sec. 4.

Minnesota Statutes 2018, section 161.44, subdivision 6b, is amended to read:

Subd. 6b.

Unsold lands.

If lands remain unsold after being offered for sale to the highest
bidder, the commissioner may offer the remaining lands to any person who agrees to pay new text begin
at least 80 percent of new text end the minimum bid established for the public sale. new text begin Any offers less than
100 percent of the minimum bid must be approved by the commissioner prior to a sale. new text end The
sale must continue until all eligible lands have been sold or the commissioner withdraws
the remaining lands from sale. The lands to be sold must be listed on the department's Unsold
Property Inventory list.

Sec. 5.

Minnesota Statutes 2018, section 168.012, subdivision 1c, is amended to read:

Subd. 1c.

Payment of administrative, plate, and filing fee.

The annual administrative
fee for a tax-exempt vehicle under this section is $5. The license plate fee for a tax-exempt
vehicle, except a trailer, is $10 for two plates per vehicle, payable only on the first tax-exempt
registration of the vehicle. The registration period for a tax-exempt vehicle is biennial. The
administrative fee is due on March 1 biennially and payable the preceding January 1, with
validating stickers issued at time of payment. new text begin Replacement plates are subject to the fees in
section 168.12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon rollout of the new vehicle title and
registration system or January 1, 2021, whichever is earlier. The commissioner of public
safety must notify the revisor of statutes of the effective date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 168.27, subdivision 16, is amended to read:

Subd. 16.

Dealer plates: distinguishing number, fee, tax, use.

(a) The registrar shall
issue to every motor vehicle dealer, upon a request from the motor vehicle dealer licensed
as provided in subdivision 2 or 3, one or more plates displaying a general distinguishing
number. This subdivision does not apply to a scrap metal processor, a used vehicle parts
dealer, or a vehicle salvage pool. The fee for each of the first four plates is $75 per registration
year, of which $60 must be paid to the registrar and the remaining $15 is payable as sales
tax on motor vehicles under section 297B.035. For each additional plate, the dealer shall
pay the registrar a fee of $25 and a sales tax on motor vehicles of $15 per registration year.
The registrar shall deposit the tax in the state treasury to be credited as provided in section
297B.09. new text begin Replacement plates are subject to the fees in section 168.12. new text end Motor vehicles, new
or used, owned by the motor vehicle dealership and bearing the number plate, except vehicles
leased to the user who is not an employee of the dealer during the term of the lease, held
for hire, or customarily used by the dealer as a tow truck, service truck, or parts vehicle,
may be driven upon the streets and highways of this state:

(1) by the motor vehicle dealer or dealer's spouse, or any full-time employee of the motor
vehicle dealer for either private or business purposes;

(2) by a part-time employee when the use is directly related to a particular business
transaction of the dealer;

(3) for demonstration purposes by any prospective buyer for a period of 48 hours or in
the case of a truck, truck-tractor, or semitrailer, for a period of seven days; or

(4) in a promotional event that lasts no longer than four days in which at least three
motor vehicles are involved.

(b) A new or used motor vehicle sold by the motor vehicle dealer and bearing the motor
vehicle dealer's number plate may be driven upon the public streets and highways for a
period of 72 hours by the buyer for either of the following purposes: (1) removing the vehicle
from this state for registration in another state, or (2) permitting the buyer to use the motor
vehicle before the buyer receives number plates pursuant to registration. Use of a motor
vehicle by the buyer under clause (2) before the buyer receives number plates pursuant to
registration constitutes a use of the public streets or highways for the purpose of the time
requirements for registration of motor vehicles.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon rollout of the new vehicle title and
registration system or January 1, 2021, whichever is earlier. The commissioner of public
safety must notify the revisor of statutes of the effective date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 169.09, subdivision 5, is amended to read:

Subd. 5.

Notify owner of damaged property.

If the driver of any vehicle involved in
a collision knows or has reason to know the collision resulted only in damage to fixtures
legally upon or adjacent to a highway, the driver shall take reasonable steps to locate and
notify the owner or person in charge of the property of that fact, of the driver's name and
address, and of the registration plate number of the vehicle being driven and shall, upon
request and if available, exhibit the driver's license, and make an accident report in every
case. deleted text begin The report must be made in the same manner as a report made pursuant to subdivision
7.
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 169.09, subdivision 13, is amended to read:

Subd. 13.

Reports confidential; evidence, fee, penalty, appropriation.

(a) All reports
and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:

(1) upon written request, the commissioner of public safety or any law enforcement
agency shall disclose the report required under subdivision 8 to:

(i) any individual involved in the accident, the representative of the individual's estate,
or the surviving spouse, or one or more surviving next of kin, or a trustee appointed under
section 573.02;

(ii) any other person injured in person, property, or means of support, or who incurs
other pecuniary loss by virtue of the accident;

(iii) legal counsel of a person described in item (i) or (ii); or

(iv) a representative of the insurer of any person described in item (i) or (ii);

deleted text begin (2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797;

deleted text begin (4) deleted text end new text begin (3) new text end the commissioner of public safety shall provide the commissioner of transportation
the information obtained for each traffic accident involving a commercial motor vehicle,
for purposes of administering commercial vehicle safety regulations;

deleted text begin (5) deleted text end new text begin (4) new text end upon specific request, the commissioner of public safety shall provide the
commissioner of transportation the information obtained regarding each traffic accident
involving damage to identified state-owned infrastructure, for purposes of debt collection
under section 161.20, subdivision 4; and

deleted text begin (6) deleted text end new text begin (5) new text end the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.

(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate showing
that a specified accident report has or has not been made to the commissioner solely to prove
compliance or failure to comply with the requirements that the report be made to the
commissioner.

(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to which
the reports relate.

(d) Disclosing any information contained in any accident report, except as provided in
this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.

(e) The commissioner of public safety shall charge authorized persons as described in
paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee collected
under this paragraph must be deposited in the special revenue fund and credited to the driver
services operating account established in section 299A.705 and ten percent must be deposited
in the general fund. The commissioner may also furnish an electronic copy of the database
of accident records, which must not contain personal or private data on an individual, to
private agencies as provided in paragraph (g), for not less than the cost of preparing the
copies on a bulk basis as provided in section 13.03, subdivision 3.

(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident reports
per month, unless the user establishes that access is not for a commercial purpose. Of the
money collected by the commissioner under this paragraph, 90 percent must be deposited
in the special revenue fund and credited to the driver services operating account established
in section 299A.705 and ten percent must be deposited in the general fund.

(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall provide
an electronic copy of the accident records database to the public on a case-by-case basis
using the cost-recovery charges provided for under section 13.03, subdivision 3. The database
provided must not contain personal or private data on an individual. However, unless the
accident records database includes the vehicle identification number, the commissioner
shall include the vehicle registration plate number if a private agency certifies and agrees
that the agency:

(1) is in the business of collecting accident and damage information on vehicles;

(2) will use the vehicle registration plate number only for identifying vehicles that have
been involved in accidents or damaged, to provide this information to persons seeking access
to a vehicle's history and not for identifying individuals or for any other purpose; and

(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.

Sec. 9.

Minnesota Statutes 2019 Supplement, section 169.86, subdivision 5, is amended
to read:

Subd. 5.

Fees; proceeds deposited; appropriation.

The commissioner, with respect to
highways under the commissioner's jurisdiction, may charge a fee for each permit issued.
The fee for an annual permit that expires by law on the date of the vehicle registration
expiration must be based on the proportion of the year that remains until the expiration date.
Unless otherwise specified, all fees for permits issued by the commissioner of transportation
must be deposited in the state treasury and credited to the trunk highway fund. Except for
those annual permits for which the permit fees are specified elsewhere in this chapter, the
fees are:

(a) $15 for each single trip permit.

(b) $36 for each job permit. A job permit may be issued for like loads carried on a specific
route for a period not to exceed two months. "Like loads" means loads of the same product,
weight, and dimension.

(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:

(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety or
well-being of the public;

(2) motor vehicles that travel on interstate highways and carry loads authorized under
subdivision 1a;

deleted text begin (3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end special pulpwood vehicles described in section 169.863;

deleted text begin (5) deleted text end new text begin (4) new text end motor vehicles bearing snowplow blades not exceeding ten feet in width;

deleted text begin (6) deleted text end new text begin (5) new text end noncommercial transportation of a boat by the owner or user of the boat; and

deleted text begin (7) deleted text end new text begin (6) new text end motor vehicles carrying bales of agricultural products authorized under section
169.862.

(d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:

(1) mobile cranes;

(2) construction equipment, machinery, and supplies;

(3) manufactured homes and manufactured storage buildings;

(4) implements of husbandry;

(5) double-deck buses;

(6) commercial boat hauling and transporting waterfront structures, including, but not
limited to, portable boat docks and boat lifts; and

(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, the
permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer only
while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c).

(e) For vehicles that have axle weights exceeding the weight limitations of sections
169.823 to 169.829, an additional cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision 3, paragraph (b), but only
when the vehicle exceeds its gross weight allowance set forth in that paragraph, and then
the additional cost is for all weight, including the allowance weight, in excess of the permitted
maximum axle weight. The additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in the following chart:

	Overweight Axle Group Cost Factors
Weight (pounds)		Cost Per Mile For Each Group Of:
exceeding weight limitations on axles		Two consecutive axles spaced within 8 feet or less		Three consecutive axles spaced within 9 feet or less		Four consecutive axles spaced within 14 feet or less
0-2,000		.12		.05		.04
2,001-4,000		.14		.06		.05
4,001-6,000		.18		.07		.06
6,001-8,000		.21		.09		.07
8,001-10,000		.26		.10		.08
10,001-12,000		.30		.12		.09
12,001-14,000		Not permitted		.14		.11
14,001-16,000		Not permitted		.17		.12
16,001-18,000		Not permitted		.19		.15
18,001-20,000		Not permitted		Not permitted		.16
20,001-22,000		Not permitted		Not permitted		.20

The amounts added are rounded to the nearest cent for each axle or axle group. The additional
cost does not apply to paragraph (c), clauses (1) and (3).

For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance already
traveled in the state plus the distance from the point of detection to a transportation loading
site or unloading site within the state or to the point of exit from the state.

(f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and supplies;
implements of husbandry; and commercial boat hauling. The fees for the permit are as
follows:

Gross Weight (pounds) of Vehicle		Annual Permit Fee
90,000	or less	$200
90,001	- 100,000	$300
100,001	- 110,000	$400
110,001	- 120,000	$500
120,001	- 130,000	$600
130,001	- 140,000	$700
140,001	- 145,000	$800
145,001	- 155,000	$900

If the gross weight of the vehicle is more than 155,000 pounds the permit fee is determined
under paragraph (e).

(g) For vehicles which exceed the width limitations set forth in section 169.80 by more
than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) when
the permit is issued while seasonal load restrictions pursuant to section 169.87 are in effect.

(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on a
single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds
on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.

(i) $300 for a motor vehicle described in section 169.8261. The fee under this paragraph
must be deposited as follows:

(1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for
costs related to administering the permit program and inspecting and posting bridges; and

(2) all remaining money in each fiscal year must be deposited in the bridge inspection
and signing account as provided under subdivision 5b.

(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating under
authority of section 169.824, subdivision 2, clause (2).

Sec. 10.

new text begin [169.882] DEPOSIT OF CERTAIN REVENUES; SECURITY FOR LOAN.
new text end

new text begin Subdivision 1. new text end

new text begin Security for federal loan agreement. new text end

new text begin A loan entered into by the
commissioners of transportation and management and budget pursuant to Laws 2010, chapter
351, section 69, and any interest thereon shall be payable solely from and secured by the
revenues appropriated and transferred to the loan fund established for this purpose in
subdivision 4 and investment income thereon and any reserve established for the loan. The
loan is not public debt, and the full faith, credit, and taxing powers of the state are not
pledged for its payment. The loan and the interest thereon shall not be paid, directly or
indirectly, in whole or in part, from a tax of statewide application on any class of property,
income, transaction, or privilege.
new text end

new text begin Subd. 2. new text end

new text begin Special revenue account established; nondedicated permit fees defined. new text end

new text begin (a)
Notwithstanding section 169.86, subdivision 5, there is established in the state treasury a
separate and special revenue account for deposit of the nondedicated transportation permit
fees.
new text end

new text begin (b) "Nondedicated transportation permit fees" means fees collected from the permits
issued by the commissioner of transportation under section 169.86, subdivision 5, but does
not include the fee described in section 169.86, subdivision 5, paragraph (i).
new text end

new text begin Subd. 3. new text end

new text begin Fees credited to special revenue account. new text end

new text begin (a) During any period in which a
loan is entered into and remains outstanding under subdivision 1 and Laws 2010, chapter
351, section 69, all nondedicated transportation permit fees must be credited to the special
revenue account established in subdivision 2.
new text end

new text begin (b) Money credited to the special revenue account must be transferred to the loan fund
established in subdivision 4, at the times and in the amounts determined by the commissioners
of transportation and management and budget to be necessary to provide for the payment
and security of a loan entered into pursuant to Laws 2010, chapter 351, section 69, costs of
issuance, any reserve, refinancing costs, and necessary administrative expenses associated
with the loan.
new text end

new text begin (c) Any money in the special revenue account not required to be transferred to the loan
fund must be annually transferred to the trunk highway fund. If a loan is not entered into
and outstanding under subdivision 1, all nondedicated transportation permit fees must be
credited to the trunk highway fund.
new text end

new text begin Subd. 4. new text end

new text begin Loan fund established. new text end

new text begin There is established in the state treasury a separate
and special loan fund. Money transferred or appropriated to the fund and investment income
thereon on hand or required to be transferred to the fund shall be used and is irrevocably
appropriated for the payment of the principal and interest on a loan authorized under
subdivision 1 and Laws 2010, chapter 351, section 69, when due, costs of issuance, any
reserve, refinancing costs, and necessary administrative expenses associated with the loan.
new text end

new text begin Subd. 5. new text end

new text begin Covenants and agreements. new text end

new text begin (a) The commissioners of transportation and
management and budget may, for and on behalf of the state, enter into such covenants and
agreements not inconsistent with this section as may be necessary or desirable to facilitate
the execution and delivery of a loan agreement authorized under subdivision 1 and Laws
2010, chapter 351, section 69, on terms favorable to the state, including but not limited to
covenants and agreements relating to the payment of and security for the loan agreement
and disclosure of information required by the federal government and federal and state
securities laws.
new text end

new text begin (b) Such covenants and agreements of the commissioners of transportation and
management and budget constitute an enforceable contract of the state, and the state shall
pledge and agree with the holders of any loan agreement that the state will not limit or alter
the rights vested in the commissioners of transportation and management and budget to
fulfill the terms of any such covenants or agreements made with the holders of the loan
agreement or in any way impair the rights and remedies of the holders until the loan
agreement, together with the interest thereon, with interest on any unpaid installments of
interest, and all costs and expenses in connection with any action or proceeding by or on
behalf of such holders, are fully met and discharged.
new text end

new text begin (c) The commissioners of transportation and management and budget are authorized to
include this pledge and agreement of the state in any covenant or agreement with the holders
of such loan agreement.
new text end

new text begin (d) Such covenants may also include covenants to seek increased nondedicated
transportation permit fees so long as any loan agreement issued pursuant to this section is
outstanding.
new text end

new text begin (e) Sections 16A.672 and 16A.675 apply to any bonds or certificates of indebtedness
issued to carry out the provisions of this section.
new text end

new text begin Subd. 6. new text end

new text begin Applicability. new text end

new text begin Subdivisions 2 and 3 do not apply to any permit described in
section 169.86, subdivision 5, that is determined by the attorney general or a court of
competent jurisdiction to be a tax.
new text end

new text begin Subd. 7. new text end

new text begin Waiver of immunity. new text end

new text begin The waiver of immunity by the state provided for by
section 3.751, subdivision 1, applies to the loan, any certificates of indebtedness, and any
ancillary contracts to which the commissioners of transportation and management and
budget are parties under this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2018, section 216D.01, subdivision 5, is amended to read:

Subd. 5.

Excavation.

"Excavation" means an activity that moves, removes, or otherwise
disturbs the soil by use of a motor, engine, hydraulic or pneumatically powered tool, or
machine-powered equipment of any kind, or by explosives. Excavation does not include:

(1) the extraction of minerals;

(2) the opening of a grave in a cemetery;

(3) normal maintenance of roads and streets if the maintenance does not change the
original grade and does not involve the road ditch;

(4) plowing, cultivating, planting, harvesting, and similar operations in connection with
growing crops, trees, and shrubs, unless any of these activities disturbs the soil to a depth
of 18 inches or more;

(5) gardening unless it disturbs the soil to a depth of 12 inches or more; deleted text begin or
deleted text end

(6) planting of windbreaks, shelterbelts, and tree plantations, unless any of these activities
disturbs the soil to a depth of 18 inches or more deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) vacuum excavation equipment when:
new text end

new text begin (i) used by facility operators in a careful and prudent manner for the purposes of locating
and marking its own facilities in response to a notice after all facility operators have
responded to that notice or have otherwise coordinated with those facility operators; or
new text end

new text begin (ii) used by excavators in a careful and prudent manner to determine the precise location
of a marked underground facility in accordance with section 216D.04, subdivision 4,
paragraph (a), and any provisions communicated to the excavator by the facility operator.
new text end

Sec. 12.

Minnesota Statutes 2018, section 216D.03, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Excavation notice system reporting. new text end

new text begin The notification center shall provide the
Office of Pipeline Safety with the following notification data each quarter for each utility
operator:
new text end

new text begin (1) the number of notifications by type; and
new text end

new text begin (2) the identification number, start time, and positive response data for all normal and
updated notifications.
new text end

Sec. 13.

Minnesota Statutes 2018, section 216D.06, subdivision 1, is amended to read:

Subdivision 1.

Notice; repair.

(a) If any damage occurs to an underground facility or
its protective covering, the new text begin person or new text end excavator new text begin causing the damage new text end shall notify the operator
promptly. When the operator receives a damage notice, the operator shall promptly dispatch
personnel to the damage area to investigate. If the damage results in the escape of any
flammable, toxic, or corrosive gas or liquid or endangers life, health, or property, the new text begin person
or new text end excavator responsible shall immediately notify the operator and the 911 public safety
answering point, as defined in section 403.02, subdivision 19, and take immediate action
to protect the public and property. The new text begin person or new text end excavator new text begin causing the damage new text end shall also
attempt to minimize the hazard until arrival of the operator's personnel or until emergency
responders have arrived and completed their assessment. The 911 public safety answering
point shall maintain a response plan for notifications generated by this section.

(b) An excavator shall delay backfilling in the immediate area of the damaged
underground facilities until the damage has been investigated by the operator, unless the
operator authorizes otherwise. The repair of damage must be performed by the operator or
by qualified personnel authorized by the operator.

(c) An excavator who knowingly damages an underground facility, and who does not
notify the operator as soon as reasonably possible or who backfills in violation of paragraph
(b), is guilty of a misdemeanor.

Sec. 14.

new text begin [216F.015] REQUIREMENTS CODED ELSEWHERE.
new text end

new text begin Requirements governing certain towers are established in section 360.915.
new text end

Sec. 15.

Minnesota Statutes 2018, section 219.015, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Positions deleted text end new text begin Program new text end established; new text begin inspector powers and new text end duties.

(a) The
commissioner of transportation deleted text begin shall deleted text end new text begin must new text end establish deleted text begin three deleted text end new text begin a new text end state rail safety deleted text begin inspector positions
in the Office of Freight and Commercial Vehicle Operations of the Minnesota Department
of Transportation. On or after July 1, 2015, the commissioner may establish a fourth state
rail safety inspector position following consultation with railroad companies deleted text end new text begin inspection
program that may include state rail safety inspectors and supervision as determined by the
commissioner new text end . The commissioner shall apply to and enter into agreements with the Federal
Railroad Administration (FRA) of the United States Department of Transportation to
participate in the federal State Rail Safety Participation Program deleted text begin for training and certification
of an inspector deleted text end new text begin to train and certify inspectors new text end under authority of United States Code, title
49, sections 20103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49,
part 212.

(b) A state rail safety inspector deleted text begin shall deleted text end new text begin may:
new text end

new text begin (1) new text end inspect mainline track, secondary track, and yard and industry track;

new text begin (2) new text end inspect railroad right-of-way, including adjacent or intersecting drainage, culverts,
bridges, overhead structures, and traffic and other public crossings;

new text begin (3) new text end inspect yards and physical plants;

new text begin (4) inspect train equipment;
new text end

new text begin (5) inspect railroad operations;
new text end

new text begin (6) inspect railroad-highway grade crossings;
new text end

new text begin (7) inspect railroad signal and train control systems;
new text end

new text begin (8) new text end review and enforce safety requirements;

new text begin (9) new text end review maintenance and repair records; and

new text begin (10) new text end review railroad security measures.

(c) A state rail safety inspector may perform, but is not limited to, the duties described
in the federal State Rail Safety Participation Program. An inspector may train, be certified,
and participate in any of the federal State Rail Safety Participation Program disciplines,
including: track, signal and train control, motive power and equipment, operating practices
compliance, hazardous materials, and highway-rail grade crossings.

(d) To the extent delegated by the Federal Railroad Administration and authorized by
the commissioner, an inspector may issue citations for violations of this chapter, or to ensure
railroad employee and public safety and welfare.

Sec. 16.

Minnesota Statutes 2018, section 219.015, subdivision 2, is amended to read:

Subd. 2.

Railroad company assessment; account; appropriation.

(a) As provided in
this subdivision, the commissioner shall annually assess railroad companies that are (1)
defined as common carriers under section 218.011; (2) classified by federal law or regulation
as Class I Railroads, Class I Rail Carriers, Class II Railroads, or Class II Carriers; and (3)
operating in this state.

(b) The assessment must be deleted text begin by a division of deleted text end new text begin calculated to allocate new text end state rail safety
deleted text begin inspector deleted text end new text begin inspection new text end program costs deleted text begin in equal proportion between deleted text end new text begin proportionally among new text end
carriers based on route miles operated in Minnesota deleted text begin , assessed in equal amounts for 365 days
of the calendar year deleted text end new text begin at the time of assessment new text end . The commissioner deleted text begin shall assess deleted text end new text begin must include
in the assessment calculation new text end all deleted text begin start-up or re-establishment costs, all related costs of
initiating the deleted text end state rail safety deleted text begin inspector deleted text end new text begin inspection new text end program new text begin costs to support up to six rail
safety inspector positions, including by not limited to salary, administration, supervision,
travel, equipment, training new text end , and ongoing state rail inspector duties.

(c) The assessments new text begin collected under this subdivision new text end must be deposited in a deleted text begin special
account in the special revenue fund, to be known as the deleted text end state rail safety inspection account new text begin ,
which is established in the special revenue fund. The account consists of funds provided by
this subdivision and any other money donated, allotted, transferred, or otherwise provided
to the account new text end . Money in the account is appropriated to the commissioner deleted text begin for the
establishment and ongoing responsibilities of deleted text end new text begin to administer new text end the state rail safety deleted text begin inspector deleted text end new text begin
inspection new text end program.

Sec. 17.

Minnesota Statutes 2018, section 219.1651, is amended to read:

219.1651 GRADE CROSSING SAFETY ACCOUNT.

A Minnesota grade crossing safety account is created in the special revenue fund,
consisting of money credited to the account by law. Money in the account is appropriated
to the commissioner of transportation for rail-highway grade crossing safety projects on
public streets and highways, including engineering costs new text begin and other costs associated with
administration and delivery of grade crossing safety projects new text end . At the discretion of the
commissioner of transportation, money in the account at the end of each biennium may
cancel to the trunk highway fund.

Sec. 18.

Minnesota Statutes 2018, 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, paragraph (b)(3), (b)(10), or (b)(11). 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's report and medical examiner's 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 a commercial 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 deleted text begin : deleted text end new text begin ,
new text end

deleted text begin (1) deleted text end 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 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.
deleted text end

(e) 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.

(f) 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. 19.

Minnesota Statutes 2018, section 299D.03, subdivision 5, is amended to read:

Subd. 5.

Traffic fines and forfeited bail money.

(a) All fines and forfeited bail money
collected from persons apprehended or arrested by officers of the State Patrol shall be
transmitted by the person or officer collecting the fines, forfeited bail money, or installments
thereof, on or before the tenth day after the last day of the month in which these moneys
were collected, to the commissioner of management and budget. Except where a different
disposition is required in this subdivision or section 387.213, or otherwise provided by law,
three-eighths of these receipts must be deposited in the state treasury and credited to the
state general fund. The other five-eighths of these receipts must be deposited in the state
treasury and credited as follows: (1) the first deleted text begin $1,000,000 deleted text end new text begin $2,500,000 new text end in each fiscal year must
be credited to the Minnesota grade crossing safety account in the special revenue fund, and
(2) remaining receipts must be credited to the state trunk highway fund. If, however, the
violation occurs within a municipality and the city attorney prosecutes the offense, and a
plea of not guilty is entered, one-third of the receipts shall be deposited in the state treasury
and credited to the state general fund, one-third of the receipts shall be paid to the
municipality prosecuting the offense, and one-third shall be deposited in the state treasury
and credited to the Minnesota grade crossing safety account or the state trunk highway fund
as provided in this paragraph. When section 387.213 also is applicable to the fine, section
387.213 shall be applied before this paragraph is applied. All costs of participation in a
nationwide police communication system chargeable to the state of Minnesota shall be paid
from appropriations for that purpose.

(b) All fines and forfeited bail money from violations of statutes governing the maximum
weight of motor vehicles, collected from persons apprehended or arrested by employees of
the state of Minnesota, by means of stationary or portable scales operated by these employees,
shall be transmitted by the person or officer collecting the fines or forfeited bail money, on
or before the tenth day after the last day of the month in which the collections were made,
to the commissioner of management and budget. Five-eighths of these receipts shall be
deposited in the state treasury and credited to the state highway user tax distribution fund.
Three-eighths of these receipts shall be deposited in the state treasury and credited to the
state general fund.

Sec. 20.

Minnesota Statutes 2018, section 299F.60, subdivision 1, is amended to read:

Subdivision 1.

Money penalty.

Any person who violates any provision of sections
299F.56 to 299F.641, or any rule issued thereunder, is subject to a civil penalty to be imposed
by the commissioner not to exceed deleted text begin $100,000 for each violation for each day that the violation
persists, except that the maximum civil penalty must not exceed $1,000,000 for any related
series of violations deleted text end new text begin the maximum civil penalties listed in United States Code, title 49, section
60122, and Code of Federal Regulations, title 49, section 190.223 new text end .

Sec. 21.

Minnesota Statutes 2018, section 299J.16, subdivision 1, is amended to read:

Subdivision 1.

Civil penalty.

(a) A pipeline operator who violates section 299J.07,
subdivision 1, or 299J.15, or the rules of the commissioner implementing those sections,
shall forfeit and pay to the state a civil penalty in an amount to be determined by the court,
up to deleted text begin $100,000 for each day that the operator remains in violation, subject to a maximum
of $1,000,000 for a related series of violations deleted text end new text begin the maximum civil penalties listed in United
States Code, title 49, section 60122, and Code of Federal Regulations, title 49, section
190.223 new text end .

(b) The penalty provided under this subdivision may be recovered by an action brought
by the attorney general at the request of the commissioner, in the name of the state, in
connection with an action to recover expenses of the director under section 299J.13,
subdivision 4:

(1) in the District Court of Ramsey County; or

(2) in the county of the defendant's residence.

Sec. 22.

Minnesota Statutes 2018, section 360.013, is amended by adding a subdivision
to read:

new text begin Subd. 62. new text end

new text begin Unmanned aircraft. new text end

new text begin "Unmanned aircraft" means an aircraft, as defined in
subdivision 37, that is operated without the possibility of human intervention from within
or on the aircraft.
new text end

Sec. 23.

Minnesota Statutes 2018, section 360.013, is amended by adding a subdivision
to read:

new text begin Subd. 63. new text end

new text begin Unmanned aircraft system. new text end

new text begin "Unmanned aircraft system" means an unmanned
aircraft and all of its associated elements, including components and communication links,
that are required to control and operate the aircraft.
new text end

Sec. 24.

Minnesota Statutes 2018, section 360.018, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Unmanned aircraft local ordinances. new text end

new text begin A political subdivision must (1) allow
the commissioner to review a proposed ordinance affecting the operation of an unmanned
aircraft, and (2) notify the commissioner whenever the political subdivision adopts an
ordinance affecting the operation of an unmanned aircraft.
new text end

Sec. 25.

Minnesota Statutes 2019 Supplement, section 360.024, subdivision 1, is amended
to read:

Subdivision 1.

Charges.

(a) The commissioner must charge users of air transportation
services provided by the commissioner for operating costs as allowed by federal aviation
regulations.

(b) The commissioner must charge users for a portion of aircraft acquisition, replacement,
or leasing costs new text begin as allowed by federal aviation regulations new text end .

Sec. 26.

Minnesota Statutes 2018, section 360.55, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Unmanned aircraft systems. new text end

new text begin (a) Any unmanned aircraft system in which the
unmanned aircraft weighs less than 55 pounds at takeoff, including payload and anything
affixed to the aircraft, must either:
new text end

new text begin (1) be registered in the state for an annual fee of $25; or
new text end

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

new text begin (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 end

Sec. 27.

Minnesota Statutes 2018, 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 91.42, whereunder
persons operating the aircraft are prohibited from carrying passengers in the aircraft new text begin , or for
an unmanned aircraft new text end . 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.

new text begin (e) An unmanned aircraft system that meets the requirements of section 360.55,
subdivision 9, shall not be required to meet the requirements under paragraphs (a) and (b).
Owners of unmanned aircraft systems that meet the requirements of section 360.55,
subdivision 9, must at the time of registration provide proof of insurability using an
on-demand insurance product in a form acceptable to the commissioner. Additionally, such
operators must maintain records and proof that each flight was insured to the limits of
paragraph (a).
new text end

Sec. 28.

Minnesota Statutes 2018, section 360.62, is amended to read:

360.62 TAX REFUND.

Except as provided herein the tax upon any aircraft which has been paid for any year,
shall be refunded only for errors made in computing the tax or fees or for the error on the
part of an owner who may in error have registered an aircraft that was not before, nor at the
time of such registration, nor at any time thereafter during the tax period, subject to such
tax in this state; provided that after more than 24 months after such tax was paid no refund
shall be made for any tax paid on any aircraft. Refunds as provided by sections 360.511 to
360.67 shall be made in the manner provided by Laws 1947, chapter 416. The former owner
of a transferred aircraft by an assignment in writing endorsed upon the former owner's
registration certificate and delivered to the commissioner within the time provided herein
may sell and assign to the new owner thereof the right to have the tax paid by the former
owner accredited to such new owner who duly registers such aircraft. Any owner whose
aircraft deleted text begin shall be deleted text end new text begin is new text end destroyed or permanently removed from the state deleted text begin shall be deleted text end new text begin is new text end entitled to
a refund for the unused portion of the tax paid upon the new text begin destroyed or removed new text end aircraft deleted text begin so
destroyed or removed from the state, such deleted text end new text begin . The new text end refund deleted text begin to deleted text end new text begin must new text end be computed pro rata by the
month, and to be equal to the monthly tax rate multiplied by the number of full calendar
months remaining in the fiscal year, or multiplied by the number of full calendar months
remaining in that period between January 1, 1966, to and including June 30, 1967, whichever
period is applicable. new text begin An unmanned aircraft system that is destroyed or permanently removed
from the state is not entitled to a tax refund under this section.
new text end

In order to secure such refund, the aircraft owner shall submit a signed statement that
such aircraft has either been sold out of state or destroyed, the date of such sale or destruction,
and such other information as the commissioner may require. Any false statement willfully
and knowingly made in regard thereto shall be deemed a perjury and punished accordingly.
No refund shall be made if application is not made within 12 months after the date the
aircraft was sold out of state or destroyed.

Sec. 29.

new text begin [360.915] TOWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, "stand-alone tower" means
a structure, whether self-standing or supported by guy wires and ground anchors, that:
new text end

new text begin (1) is designed with accessory facilities on which antenna, sensor, camera, meteorological,
or other equipment is able to be mounted;
new text end

new text begin (2) has a height of at least 50 feet and not more than 200 feet; and
new text end

new text begin (3) has a diameter of ten feet or less at the aboveground base, excluding concrete footing.
new text end

new text begin (b) A stand-alone tower does not include a structure that is:
new text end

new text begin (1) affixed or adjacent to a building, including a house, barn, or utility station;
new text end

new text begin (2) an electric transmission or distribution line;
new text end

new text begin (3) a streetlight erected or maintained by a governmental entity; or
new text end

new text begin (4) a wind energy conversion system, as defined in section 216F.01, subdivision 4, that
has rotor blades with a length of more than six feet.
new text end

new text begin Subd. 2. new text end

new text begin Application; location. new text end

new text begin The requirements of this section do not apply to a
stand-alone tower that is located:
new text end

new text begin (1) within the curtilage of a farmstead; or
new text end

new text begin (2) in a statutory or home rule charter city or town.
new text end

new text begin Subd. 3. new text end

new text begin Visibility; marking. new text end

new text begin A stand-alone tower must:
new text end

new text begin (1) be painted in equal-width bands of solid color over its entire length, alternating
between aviation orange and white so that orange is at the top of the tower and at the base
of the tower;
new text end

new text begin (2) have at least two spherical markers attached to each of the highest or outside guy
wires that are:
new text end

new text begin (i) painted solid aviation orange; and
new text end

new text begin (ii) placed so that one is within 15 feet of the upper anchor point of the guy wire;
new text end

new text begin (3) have a high-visibility sleeve on each guy wire, which must extend at least seven feet
from the lower anchor point of each guy wire; and
new text end

new text begin (4) have a flashing red light placed at the top of the tower that is compatible with a night
vision imaging system, as determined by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Notifications. new text end

new text begin (a) At least 30 days prior to erecting a stand-alone tower, the
owner of the tower must provide notice to the commissioner in the manner specified by the
commissioner. The notice must identify:
new text end

new text begin (1) the tower owner's name and contact information;
new text end

new text begin (2) the name and contact information of any tower owner's representative;
new text end

new text begin (3) the height above ground level of the tower, including its base;
new text end

new text begin (4) the elevation of the tower site; and
new text end

new text begin (5) global positioning system coordinates of the center of the tower.
new text end

new text begin (b) The tower owner must notify the commissioner within 15 days of any change in any
information provided under paragraph (a).
new text end

new text begin (c) The tower owner must notify the commissioner within 30 days after removal of a
stand-alone tower.
new text end

new text begin Subd. 5. new text end

new text begin Fee. new text end

new text begin The owner of a stand-alone tower who provides notice under subdivision
4, paragraph (a), must pay a fee of $50. A fee is not imposed for a notification provided
under subdivision 4, paragraphs (b) and (c).
new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin (a) The commissioner must maintain records on stand-alone
towers under this section and must provide information on stand-alone tower locations on
the department's website.
new text end

new text begin (b) The commissioner must deposit revenue received under this section in the state
airports fund.
new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin The owner of a stand-alone tower who violates the requirements under
subdivision 3 or 4, paragraph (a), is guilty of a misdemeanor.
new text end

new text begin Subd. 8. new text end

new text begin Implementation; existing towers. new text end

new text begin The owner of a stand-alone tower erected
prior to the effective date of this section must meet the requirements of this section within
one year of the effective date of this section.
new text end

Sec. 30.

new text begin [473.4075] TRANSIT ENFORCEMENT AND ADMINISTRATIVE
CITATIONS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms and the
terms defined in section 609.855, subdivision 7, have the meanings given.
new text end

new text begin (b) "Program" means the transit enforcement and administrative citations program
established in this section.
new text end

new text begin (c) "Transit agent" means a transit service monitor under this section, a community
service officer, or a peace officer, as defined in section 626.84, subdivision 1. For purposes
of section 609.855, a transit agent is an authorized transit representative.
new text end

new text begin (d) "Transit service monitors" means authorized transit representatives who are not peace
officers.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin (a) By January 1, 2021, the council must implement the
program as provided in this section.
new text end

new text begin (b) In implementing the program, the council must:
new text end

new text begin (1) adopt a resolution that established the program and established fine amounts in
accordance with subdivision 5; and
new text end

new text begin (2) establish policies and procedures that govern:
new text end

new text begin (i) transit service monitors;
new text end

new text begin (ii) issuing an administrative citation; and
new text end

new text begin (iii) contesting an administration citation.
new text end

new text begin Subd. 3. new text end

new text begin Administrative citations; authority; issuance. new text end

new text begin (a) A transit agent has the
exclusive authority to issue an administrative citation to a person who commits a violation
under section 609.855, subdivision 1, clause (1). Transit fare compliance may be enforced,
and administrative citations may be issued, by a transit agent as deemed appropriate and
available by the council.
new text end

new text begin (b) An administrative citation must include notification that the person has the right to
contest the citation, basic procedures for contesting the citation, and information on the
timeline and consequences for failure to contest the citation or pay the fine.
new text end

new text begin (c) The council must not mandate or suggest a quota for the issuance of administrative
citations under this section.
new text end

new text begin Subd. 4. new text end

new text begin Administrative citations; disposition. new text end

new text begin (a) A person who commits a violation
under section 609.855, subdivision 1, clause (1), and is issued an administrative citation
under this section must, within 90 days of issuance, pay the fine as specified or contest the
citation. A person who fails to either pay the fine or contest the citation within the specified
period is considered to have waived the contested citation process and is subject to
collections.
new text end

new text begin (b) The council must provide a civil process for a person to contest the administrative
citation before a neutral third party. The council may employ a council employee not
associated with its transit operations to hear and rule on challenges to administrative citations.
new text end

new text begin (c) The council may contract with credit bureaus, public and private collection agencies,
the Department of Revenue, and other public or private entities providing collection services
as necessary for collection of fine debts under this section. As determined by the council,
collection costs are added to the debts referred to a public or private collection entity for
collection. Collection costs include the fees of the collection entity and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, and fees assessed
by any public entity for obtaining information necessary for debt collection. If the collection
entity collects an amount less than the total due, the payment is applied proportionally to
collection costs and the underlying debt.
new text end

new text begin Subd. 5. new text end

new text begin Administrative citations; penalties. new text end

new text begin (a) The amount of a fine under this section
must be set at no less than $35 and no more than $100.
new text end

new text begin (b) Subject to paragraph (a), the council may adopt a graduated structure that increases
the fine amount for second and subsequent violations.
new text end

new text begin (c) The council may adopt an alternative resolution procedure under which a person
may resolve an administrative citation in lieu of paying a fine by complying with terms
established by the council for community service, prepayment of future transit fares, or
both. The alternative resolution procedure must be available only to a person who has
committed a violation under section 609.855, subdivision 1, clause (1), for the first time,
unless the person demonstrates financial hardship under criteria established by the council.
new text end

new text begin (d) Fines collected under this section must be maintained in a separate account that is
only used to cover the costs of the program.
new text end

new text begin (e) Issuance of an administrative citation prevents imposition of a citation under section
609.855, subdivision 1, clause (1), or any criminal citation arising from the same conduct.
new text end

new text begin Subd. 6. new text end

new text begin Fare inspection goal. new text end

new text begin The council must establish a goal that, beginning January
1, 2023, the council annually inspects fare compliance for at least ten percent of rides on
transit routes that use self-service, barrier-free fare collection.
new text end

new text begin Subd. 7. new text end

new text begin Legislative report. new text end

new text begin By January 15, 2022, and by January 15 of each
even-numbered year thereafter, the council must submit a report on the program to the
members and staff of the legislative committees with jurisdiction over transportation policy
and finance. At a minimum, the report must:
new text end

new text begin (1) provide an overview of program structure and implementation;
new text end

new text begin (2) review the activities of transit service monitors;
new text end

new text begin (3) analyze impacts of the program on fare compliance and customer experience for
riders, including rates of fare violations;
new text end

new text begin (4) identify council performance compared to the fare inspection goal under subdivision
6; and
new text end

new text begin (5) make recommendations for legislative changes, if any.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2020, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 31.

Laws 2010, chapter 351, section 69, is amended to read:

Sec. 69. TIFIA PILOT PROGRAM.

(a) The commissioner of transportation may conduct a pilot program to apply for and
receive financial assistance under the Transportation Infrastructure Finance and Innovation
Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other federal
transportation loan, grant, or credit assistance programs. The assistance may include but is
not limited to loans, loan guarantees, and lines of credit. The commissioner may enter into
agreements to repay the financial assistance subject to the availability of state money or
other dedicated revenue or resources, with the approval of new text begin the commissioner of new text end Minnesota
Management and Budget.

(b) The pilot program under this section is available for one transportation project
identified by the commissioner.

(c) Upon completion of the transportation project under the pilot program, the
commissioner shall submit a report on the pilot program to the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
transportation policy and finance. At a minimum, the report must: describe the transportation
project undertaken and each financing mechanism utilized; analyze the effectiveness of
each financing mechanism; evaluate the costs, risks, and benefits of additional participation
in federal financial assistance programs; and provide any recommendations for related
legislative changes. The report may be submitted electronically, and is subject to Minnesota
Statutes, section 3.195, subdivision 1.

new text begin (d) An amount sufficient to repay the financial assistance as specified in paragraph (a)
is annually appropriated from the loan fund created in Minnesota Statutes, section 169.882.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 169.09, subdivision 7, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-7604

169.09 COLLISIONS.

Subd. 7.

Accident report to commissioner.

(a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of any individual or total property damage to an apparent extent of $1,000 or more, shall forward a written report of the accident to the commissioner of public safety within ten days of the accident. On the required report, the driver shall provide the commissioner with the name and policy number of the insurer providing vehicle liability insurance coverage at the time of the accident.

(b) On determining that the original report of any driver of a vehicle involved in an accident of which report must be made as provided in this section is insufficient, the commissioner of public safety may require the driver to file supplementary information.