1.1 A bill for an act
1.2 relating to transportation; modifying provisions
1.3 relating to highway information signs; transferring,
1.4 discontinuing, or changing description of portions of
1.5 certain trunk highways; authorizing commissioner of
1.6 transportation to set certain highway construction
1.7 contract conditions in taconite tax relief areas;
1.8 allowing commissioner of transportation to convey
1.9 interest in certain land to property owners; modifying
1.10 provisions for speed limits in highway work zones;
1.11 modifying seasonal highway weight limitations;
1.12 transferring responsibilities from transportation
1.13 regulation board to commissioner of transportation;
1.14 making technical and clarifying changes; repealing
1.15 obsolete or invalid provisions; amending Minnesota
1.16 Statutes 2000, sections 160.292, subdivision 10;
1.17 161.114; 161.115, subdivisions 36, 48, by adding a
1.18 subdivision; 161.24, subdivision 4; 161.442; 169.14,
1.19 subdivision 5d; 169.825, subdivision 11; 174.02,
1.20 subdivisions 4, 5; 174.10, subdivisions 1, 3, 4;
1.21 174A.02, subdivisions 1, 2, 4; 174A.04; 174A.06;
1.22 218.031, subdivision 2; 218.041, subdivisions 4, 5, 6;
1.23 219.074, subdivision 2; 219.402; 222.632; proposing
1.24 coding for new law in Minnesota Statutes, chapter 161;
1.25 repealing Minnesota Statutes 2000, sections 174A.01;
1.26 174A.02, subdivision 5; 174A.03; 174A.05; 219.558;
1.27 219.559; 219.56; 219.681; 219.69; 219.691; 219.692;
1.28 219.695; 219.70; 219.71; 219.741; 219.743; 219.751;
1.29 219.755; 219.85; 219.88; 219.97, subdivisions 6, 7,
1.30 10; 222.633.
1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.32 Section 1. Minnesota Statutes 2000, section 160.292,
1.33 subdivision 10, is amended to read:
1.34 Subd. 10. [SPECIFIC SERVICE.] "Specific service" means
1.35 restaurants; rural agricultural or tourist-oriented businesses;
1.36 places of worship; gasoline service stations and other retail
1.37 motor fuel businesses; and motels, resorts, or recreational
1.38 camping areas that provide sleeping accommodations for the
2.1 traveling public. "Tourist-oriented business" means a business,
2.2 service, or activity that receives the major portion of its
2.3 income or visitors during the normal business season from
2.4 motorists not residing in the immediate area of the business or
2.5 activity. "Tourist-oriented business" includes, but is not
2.6 limited to: (1) a greenhouse or nursery, (2) a bait and tackle
2.7 shop, (3) a marina, and (4) a gift or antique shop. "Rural
2.8 agricultural business" includes but is not limited to: (1) a
2.9 grain-handling facility; (2) a business providing care and
2.10 well-being to animals; and (3) the sale of feed or seed.
2.11 Sec. 2. Minnesota Statutes 2000, section 161.114, is
2.12 amended to read:
2.13 161.114 [CONSTITUTIONAL TRUNK HIGHWAYS.]
2.14 Subdivision 1. [DESIGNATION.] The trunk highway routes,
2.15 numbered 1 through 70, as described in the constitutional
2.16 amendment adopted November 2, 1920, are designated as the
2.17 constitutional routes of the trunk highway system.
2.18 Subd. 2. [DESCRIPTIONS.] The constitutional routes are
2.19 described as follows:
2.20 Route No. 1. Beginning at a point on the boundary line
2.21 between the states of Minnesota and Iowa, southeasterly at
2.22 Albert Lea and thence extending in a northwesterly direction to
2.23 a point in Albert Lea and thence extending in a northerly
2.24 direction to a point and on the southerly limits of the city of
2.25 St. Paul and then beginning at a point on the northerly limits
2.26 of the city of St. Paul and thence extending in a northerly
2.27 direction to a point on the westerly limits of the city of
2.28 Duluth and then beginning at a point on the northerly limits of
2.29 the city of Duluth and thence extending in a northeasterly
2.30 direction to a point on the boundary line between the state of
2.31 Minnesota and the province of Ontario, affording Albert Lea,
2.32 Owatonna, Faribault, Northfield, Farmington, St. Paul, White
2.33 Bear, Forest Lake, Wyoming, Rush City, Pine City, Hinckley,
2.34 Sandstone, Moose Lake, Carlton, Duluth, Two Harbors, Grand
2.35 Marais and intervening and adjacent communities a reasonable
2.36 means of communication, each with the other and other places
3.1 within the state.
3.2 Route No. 2. Beginning at a point on Route No. 1 on the
3.3 westerly limits of the city of Duluth and thence extending in a
3.4 southwesterly direction along said Route No. 1 to a point on
3.5 said route at Carlton and thence extending in a westerly
3.6 direction to a point on the east bank of the Red River of the
3.7 North at Moorhead, affording Duluth, Carlton, McGregor, Aitkin,
3.8 Brainerd, Motley, Staples, Wadena, Detroit, Moorhead and
3.9 intervening and adjacent communities a reasonable means of
3.10 communication, each with the other and other places within the
3.11 state.
3.12 Route No. 3. Beginning at a point on the boundary line
3.13 between the states of Minnesota and Wisconsin, westerly of La
3.14 Crosse, Wisconsin, and thence extending in a northwesterly
3.15 direction to a point on the easterly limits of the city of St.
3.16 Paul and then beginning at a point on the westerly limits of the
3.17 city of Minneapolis and thence extending in a northwesterly
3.18 direction to a point on the east bank of the Red River of the
3.19 North at Breckenridge, affording La Crescent, Winona, Kellogg,
3.20 Wabasha, Lake City, Red Wing, Hastings, St. Paul, Minneapolis,
3.21 Osseo, Champlin, Anoka, Elk River, Big Lake, St. Cloud, Albany,
3.22 Sauk Centre, Alexandria, Elbow Lake, Fergus Falls, Breckenridge
3.23 and intervening and adjacent communities a reasonable means of
3.24 communication, each with the other and other places within the
3.25 state.
3.26 Route No. 4. Beginning at a point on the boundary line
3.27 between the states of Minnesota and Iowa, southwesterly of
3.28 Jackson and thence extending in a northerly direction to a point
3.29 on Route No. 3, southeasterly of Sauk Centre and thence
3.30 extending in a northwesterly direction along said Route No. 3 to
3.31 a point on said route at Sauk Centre and thence extending in a
3.32 northerly direction to a point at International Falls, affording
3.33 Jackson, Windom, Sanborn, Redwood Falls, Morton, Olivia,
3.34 Willmar, Paynesville, Sauk Centre, Long Prairie, Wadena, Park
3.35 Rapids, Itasca State Park, Bemidji, International Falls and
3.36 intervening and adjacent communities a reasonable means of
4.1 communication, each with the other and other places within the
4.2 state.
4.3 Route No. 5. Beginning at a point on the boundary line
4.4 between the states of Minnesota and Iowa, southerly of Blue
4.5 Earth and thence extending in a northeasterly direction to a
4.6 point on the southerly limits of the city of Minneapolis and
4.7 then beginning at a point on the northerly limits of the city of
4.8 Minneapolis and thence extending in a northerly direction to a
4.9 point in Swan River on Route No. 8, hereinafter described,
4.10 affording Blue Earth, Winnebago, Mankato, St. Peter, Le Sueur,
4.11 Jordan, Shakopee, Minneapolis, Cambridge, Mora, McGregor, Swan
4.12 River and intervening and adjacent communities a reasonable
4.13 means of communication, each with the other and other places
4.14 within the state.
4.15 Route No. 6. Beginning at a point on the boundary line
4.16 between the states of Minnesota and Iowa, southerly of Ash
4.17 Creek, and thence extending in a northerly direction to a point
4.18 on the boundary line between the state of Minnesota and the
4.19 province of Manitoba, near St. Vincent, affording Luverne,
4.20 Pipestone, Lake Benton, Ivanhoe, Canby, Madison, Bellingham,
4.21 Odessa, Ortonville, Graceville, Dumont, Wheaton, Breckenridge,
4.22 Moorhead, Kragnes, Georgetown, Perley, Hendrum, Ada, Crookston,
4.23 Warren, Donaldson, Hallock and intervening and adjacent
4.24 communities a reasonable means of communication, each with the
4.25 other and other places within the state.
4.26 Route No. 7. Beginning at a point on Route No. 3 at Winona
4.27 and thence extending in a westerly direction to a point on the
4.28 boundary line between the states of Minnesota and South Dakota,
4.29 westerly of Lake Benton, affording Winona, St. Charles,
4.30 Rochester, Kasson, Dodge Center, Claremont, Owatonna, Waseca,
4.31 Mankato, St. Peter, New Ulm, Springfield, Tracy, Lake Benton and
4.32 intervening and adjacent communities a reasonable means of
4.33 communication, each with the other and other places within the
4.34 state.
4.35 Route No. 8. Beginning at a point on the westerly limits
4.36 of the city of Duluth and thence extending in a northwesterly
5.1 direction to a point on Route No. 6 near Crookston and thence
5.2 extending in a westerly and northerly direction along said Route
5.3 No. 6 to a point on said route northerly of Crookston and thence
5.4 extending in a northwesterly direction to a point on the east
5.5 bank of the Red River of the North at East Grand Forks,
5.6 affording Duluth, Floodwood, Swan River, Grand Rapids, Cass
5.7 Lake, Bemidji, Bagley, Erskine, Crookston, East Grand Forks and
5.8 intervening and adjacent communities a reasonable means of
5.9 communication, each with the other and other places within the
5.10 state.
5.11 Route No. 9. Beginning at a point on Route No. 3 at La
5.12 Crescent and thence extending in a westerly direction to a point
5.13 on the boundary line between the states of Minnesota and South
5.14 Dakota southwesterly of Beaver Creek, affording La Crescent,
5.15 Hokah, Houston, Rushford, Lanesboro, Preston, Fountain, Spring
5.16 Valley, Austin, Albert Lea, Blue Earth, Fairmont, Jackson,
5.17 Worthington, Luverne and intervening and adjacent communities a
5.18 reasonable means of communication, each with the other and other
5.19 places within the state.
5.20 Route No. 10. Beginning at a point on the westerly limits
5.21 of the city of Minneapolis and thence extending in a
5.22 northwesterly direction to a point on Route No. 6 at or near
5.23 Wheaton, affording Minneapolis, Montrose, Cokato, Litchfield,
5.24 Willmar, Benson, Morris, Herman, Wheaton and intervening and
5.25 adjacent communities a reasonable means of communication, each
5.26 with the other and other places within the state.
5.27 Route No. 11. Beginning at a point on Route No. 8 at the
5.28 westerly limits of the city of Duluth and thence extending in a
5.29 northwesterly and northerly direction to a point on Route No. 4
5.30 at International Falls and thence extending in a southwesterly
5.31 direction along said Route No. 4 to a point on said route
5.32 southwesterly of International Falls and thence extending in a
5.33 westerly direction to a point on Route No. 6 at Donaldson,
5.34 affording Duluth, Eveleth, Virginia, Cook, Orr, Cussons,
5.35 International Falls, Baudette, Warroad, Roseau, Greenbush,
5.36 Donaldson and intervening and adjacent communities a reasonable
6.1 means of communication, each with the other and other places
6.2 within the state.
6.3 Route No. 12. Beginning at a point on the west bank of the
6.4 St. Croix River near Hudson, Wisconsin and thence extending in a
6.5 westerly direction to a point on the easterly limits of the city
6.6 of St. Paul and then beginning at a point on the westerly limits
6.7 of the city of Minneapolis and thence extending in a westerly
6.8 direction to a point on Route No. 6 at Madison, affording St.
6.9 Paul, Minneapolis, Hopkins, Norwood, Glencoe, Olivia, Granite
6.10 Falls, Montevideo, Dawson, Madison and intervening and adjacent
6.11 communities a reasonable means of communication, each with the
6.12 other and other places within the state.
6.13 Route No. 13. Beginning at a point on Route No. 9 at
6.14 Albert Lea and thence extending in a northerly direction to a
6.15 point on Route No. 5 at Jordan affording Albert Lea, Waseca,
6.16 Waterville, Montgomery, New Prague, Jordan and intervening and
6.17 adjacent communities a reasonable means of communication, each
6.18 with the other and other places within the state.
6.19 Route No. 14. Beginning at a point on Route No. 6 at
6.20 Ivanhoe and thence extending in an easterly direction to a point
6.21 on Route No. 4 at Redwood Falls and thence extending in an
6.22 easterly direction along said Route No. 4 to a point on said
6.23 route at Morton and thence extending in an easterly direction to
6.24 a point on Route No. 22, hereinafter described, at Gaylord
6.25 affording Ivanhoe, Marshall, Redwood Falls, Morton, Winthrop,
6.26 Gaylord and intervening and adjacent communities a reasonable
6.27 means of communication, each with the other and other places
6.28 within the state.
6.29 Route No. 15. Beginning at a point on the boundary line
6.30 between the states of Minnesota and Iowa southerly of Fairmont
6.31 and thence extending in a northerly direction to a point on
6.32 Route No. 14 at Winthrop, affording Fairmont, Madelia, New Ulm,
6.33 Winthrop and intervening and adjacent communities a reasonable
6.34 means of communication each with the other and other places
6.35 within the state.
6.36 Route No. 16. Beginning at a point on Route No. 5
7.1 southwesterly of Mankato and thence extending westerly to a
7.2 point on Route No. 15 at Madelia and thence extending in a
7.3 southerly direction along said Route No. 15 to a point on said
7.4 route southerly of Madelia and thence extending in a westerly
7.5 direction to a point on Route No. 4 northerly of Windom and
7.6 thence extending in a southerly direction along said Route No. 4
7.7 to a point on said route at Windom and thence extending in a
7.8 westerly direction to a point at Fulda and thence extending in a
7.9 southerly direction to a point on Route No. 9 at Worthington,
7.10 affording Mankato, Madelia, St. James, Windom, Fulda,
7.11 Worthington and intervening and adjacent communities a
7.12 reasonable means of communication, each with the other and other
7.13 places within the state.
7.14 Route No. 17. Beginning at a point on Route No. 16 at
7.15 Fulda and thence extending in a northerly direction to a point
7.16 on Route No. 12 at Granite Falls, affording Fulda, Slayton,
7.17 Garvin, Marshall, Granite Falls and intervening and adjacent
7.18 communities a reasonable means of communication, each with the
7.19 other and other places within the state.
7.20 Route No. 18. Beginning at a point on Route No. 3 at Elk
7.21 River and thence extending in a northerly direction to a point
7.22 on Route No. 2 easterly of Brainerd, affording Elk River,
7.23 Princeton, Milaca, Onamia and intervening and adjacent
7.24 communities a reasonable means of communication, each with the
7.25 other and other places within the state.
7.26 Route No. 19. Beginning at a point on Route No. 2 at
7.27 Brainerd and thence extending in a northwesterly direction to a
7.28 point on Route No. 8 at Cass Lake, affording Brainerd, Pine
7.29 River, Walker, Cass Lake and intervening and adjacent
7.30 communities a reasonable means of communication, each with the
7.31 other and other places within the state.
7.32 Route No. 20. Beginning at a point on the boundary line
7.33 between the states of Minnesota and Iowa near Canton and thence
7.34 extending in a northwesterly direction to a point on Route No. 9
7.35 at or near Preston and thence extending in a northwesterly
7.36 direction along said Route No. 9 to a point on said route at
8.1 Fountain and thence extending in a northwesterly direction to a
8.2 point on Route No. 3 in the town of Douglas, Dakota county (T.
8.3 113, R. 17 W.) affording Canton, Harmony, Preston, Fountain,
8.4 Chatfield, Oronoco, Pine Island, Zumbrota, Cannon Falls and
8.5 intervening and adjacent communities a reasonable means of
8.6 communication, each with the other and other places within the
8.7 state.
8.8 Route No. 21. Beginning at a point on Route No. 20 at
8.9 Zumbrota and thence extending in a westerly direction to a point
8.10 on Route No. 5 at St. Peter, affording Zumbrota, Kenyon,
8.11 Faribault, Le Sueur Center, Cleveland, St. Peter and intervening
8.12 and adjacent communities a reasonable means of communication,
8.13 each with the other and other places within the state.
8.14 Route No. 22. Beginning at a point on Route No. 5 at St.
8.15 Peter and thence extending in a northwesterly direction to a
8.16 point on Route No. 4 at Paynesville, affording St. Peter,
8.17 Gaylord, Glencoe, Hutchinson, Litchfield, Paynesville and
8.18 intervening and adjacent communities a reasonable means of
8.19 communication, each with the other and other places within the
8.20 state.
8.21 Route No. 23. Beginning at a point on Route No. 4 at
8.22 Paynesville and thence extending in a northeasterly direction
8.23 through the village of Richmond, Coldspring, Rockville and Waite
8.24 Park to a point on Route No. 3 westerly of St. Cloud, and thence
8.25 extending in a northeasterly direction to a point on Route No. 5
8.26 southerly of Mora, and thence extending in a northerly direction
8.27 along said Route No. 5 to a point on said route at Mora, and
8.28 thence extending in an easterly direction to a point on Route
8.29 No. 1 southerly of Hinckley, affording Paynesville, St. Cloud,
8.30 Foley, Milaca, Ogilvie, Mora and intervening and adjacent
8.31 communities a reasonable means of communication, each with the
8.32 other and other places within the state.
8.33 Route No. 24. Beginning at a point on Route No. 10 at
8.34 Litchfield and thence extending in a northeasterly direction to
8.35 a point on Route No. 3 at St. Cloud, affording Litchfield, St.
8.36 Cloud and intervening and adjacent communities a reasonable
9.1 means of communication, each with the other and other places
9.2 within the state.
9.3 Route No. 25. Beginning at a point on Route No. 5 at or
9.4 near Belle Plaine and thence extending in a northerly direction
9.5 to a point on Route No. 3 at Big Lake, affording Belle Plaine,
9.6 Norwood, Watertown, Montrose, Buffalo, Monticello, Big Lake and
9.7 intervening and adjacent communities a reasonable means of
9.8 communication, each with the other and other places within the
9.9 state.
9.10 Route No. 26. Beginning at a point on Route No. 10 at
9.11 Benson and thence extending in a westerly direction to a point
9.12 on Route No. 6 near Ortonville, affording Benson, Ortonville and
9.13 intervening and adjacent communities a reasonable means of
9.14 communication, each with the other and other places within the
9.15 state.
9.16 Route No. 27. Beginning at a point on Route No. 3 at St.
9.17 Cloud and thence extending in a northerly direction to a point
9.18 on Route No. 2 at Brainerd, affording St. Cloud, Sauk Rapids,
9.19 Royalton, Little Falls, Brainerd and intervening and adjacent
9.20 communities a reasonable means of communication, each with the
9.21 other and other places within the state.
9.22 Route No. 28. Beginning at a point on Route No. 27 at
9.23 Little Falls and thence extending in a southwesterly direction
9.24 to a point on the boundary line between the states of Minnesota
9.25 and South Dakota at Browns Valley, affording Little Falls, Sauk
9.26 Centre, Glenwood, Starbuck, Morris, Graceville, Browns Valley
9.27 and intervening and adjacent communities a reasonable means of
9.28 communication, each with the other and other places within the
9.29 state.
9.30 Route No. 29. Beginning at a point on Route No. 28 at
9.31 Glenwood and thence extending in a northerly direction to a
9.32 point on Route No. 2 westerly of Wadena affording Glenwood,
9.33 Alexandria, Parkers Prairie, Deer Creek and intervening and
9.34 adjacent communities a reasonable means of communication, each
9.35 with the other and other places within the state.
9.36 Route No. 30. Beginning at a point on Route No. 3 at
10.1 Fergus Falls, and thence extending in a northerly direction to a
10.2 point on Route No. 8 at Erskine, affording Fergus Falls, Pelican
10.3 Rapids, Detroit, Mahnomen, Erskine and intervening and adjacent
10.4 communities a reasonable means of communication, each with the
10.5 other and other places within the state.
10.6 Route No. 31. Beginning at a point on Route No. 6 at Ada,
10.7 and thence extending in an easterly direction to a point on
10.8 Route No. 30 near Mahnomen, affording Ada, Mahnomen and
10.9 intervening and adjacent communities a reasonable means of
10.10 communication, each with the other and other places within the
10.11 state.
10.12 Route No. 32. Beginning at a point on Route No. 8 easterly
10.13 of Crookston and thence extending in a northerly direction to a
10.14 point on Route No. 11 at Greenbush, affording Red Lake Falls,
10.15 Thief River Falls, Middle River, Greenbush and intervening and
10.16 adjacent communities a reasonable means of communication, each
10.17 with the other and other places within the state.
10.18 Route No. 33. Beginning at a point on Route No. 32 at
10.19 Thief River Falls and thence extending in a northwesterly
10.20 direction to a point on Route No. 6 at Warren, affording Thief
10.21 River Falls, Warren and intervening and adjacent communities a
10.22 reasonable means of communication, each with the other and other
10.23 places within the state.
10.24 Route No. 34. Beginning at a point on Route No. 2 at
10.25 Detroit and thence extending in a northeasterly direction to a
10.26 point on Route No. 8 westerly of Grand Rapids, affording
10.27 Detroit, Park Rapids, Walker, Remer, Grand Rapids and
10.28 intervening and adjacent communities a reasonable means of
10.29 communication, each with the other and other places within the
10.30 state.
10.31 Route No. 35. Beginning at a point on Route No. 18 near
10.32 Mille Lacs Lake and thence extending in a northerly direction to
10.33 a point at Grand Rapids and thence extending in a northeasterly
10.34 direction to a point at Ely, affording Aitkin, Grand Rapids,
10.35 Hibbing, Chisholm, Buhl, Mountain Iron, Virginia, Gilbert,
10.36 McKinley, Biwabik, Aurora, Tower, and Ely and intervening and
11.1 adjacent communities a reasonable means of communication, each
11.2 with the other and other places within the state.
11.3 Route No. 36. Beginning at a point on Route No. 3 at
11.4 Fergus Falls and thence extending in an easterly direction to a
11.5 point on Route No. 29 easterly of Henning, affording Fergus
11.6 Falls, Henning and intervening and adjacent communities a
11.7 reasonable means of communication, each with the other and other
11.8 places within the state.
11.9 Route No. 37. Beginning at a point on Route No. 27 at
11.10 Little Falls and thence extending in a northwesterly direction
11.11 to a point on Route No. 2 at Motley, affording Little Falls,
11.12 Motley and intervening and adjacent communities a reasonable
11.13 means of communication, each with the other and other places
11.14 within the state.
11.15 Route No. 38. Beginning at a point on Route No. 12 at
11.16 Montevideo and thence extending in a northerly direction to a
11.17 point on Route No. 28 at Starbuck, affording Montevideo, Benson,
11.18 Starbuck and intervening and adjacent communities a reasonable
11.19 means of communication, each with the other and other places
11.20 within the state.
11.21 Route No. 39. Beginning at a point on Route No. 7 at
11.22 Mankato and thence extending in a southeasterly direction to a
11.23 point on Route No. 9 westerly of Albert Lea, affording Mankato,
11.24 Mapleton, Minnesota Lake, Wells and intervening and adjacent
11.25 communities a reasonable means of communication, each with the
11.26 other and other places within the state.
11.27 Route No. 40. Beginning at a point on the boundary line
11.28 between the states of Minnesota and Iowa at Lyle and thence
11.29 extending in a northwesterly direction to a point on Route No. 7
11.30 at Owatonna, affording Lyle, Austin, Blooming Prairie, Owatonna
11.31 and intervening and adjacent communities a reasonable means of
11.32 communication, each with the other and other places within the
11.33 state.
11.34 Route No. 41. Beginning at a point on Route No. 40 at or
11.35 near Blooming Prairie and thence extending in an easterly
11.36 direction to a point on Route No. 56, hereinafter described,
12.1 near Hayfield, affording Blooming Prairie, Hayfield and
12.2 intervening and adjacent communities a reasonable means of
12.3 communication, each with the other and other places within the
12.4 state.
12.5 Route No. 42. Beginning at a point on Route No. 7 easterly
12.6 of Rochester and thence extending (1) in a northeasterly
12.7 direction to a point on Route No. 3 at Kellogg, affording
12.8 Rochester, Elgin, Plainview, Kellogg and intervening and
12.9 adjacent communities a reasonable means of communication, each
12.10 with the other and other places within the state and (2) in a
12.11 southerly direction to a point on Route No. 391.
12.12 Route No. 43. Beginning at a point on Route No. 9 at
12.13 Rushford and thence extending in a northeasterly direction to a
12.14 point on Route No. 3 at Winona, affording Rushford, Winona and
12.15 intervening and adjacent communities a reasonable means of
12.16 communication, each with the other and other places within the
12.17 state.
12.18 Route No. 44. Beginning at a point on Route No. 9 at Hokah
12.19 and thence extending in a southwesterly direction to a point on
12.20 Route No. 20 near Canton, affording Hokah, Caledonia, Canton and
12.21 intervening and adjacent communities a reasonable means of
12.22 communication, each with the other and other places within the
12.23 state.
12.24 Route No. 45. Beginning at a point on the west bank of the
12.25 St. Croix River at Stillwater and thence extending in a
12.26 southwesterly direction to a point on the easterly limits of the
12.27 city of St. Paul, affording Stillwater, Lake Elmo, St. Paul and
12.28 intervening and adjacent communities a reasonable means of
12.29 communication, each with the other and other places within the
12.30 state.
12.31 Route No. 46. Beginning at a point on the west bank of the
12.32 St. Croix River at Taylors Falls and thence extending in a
12.33 southwesterly direction to a point on Route No. 1 near Wyoming,
12.34 affording Taylors Falls, Center City, Wyoming and intervening
12.35 and adjacent communities a reasonable means of communication,
12.36 each with the other and other places within the state.
13.1 Route No. 47. Beginning at a point on Route No. 17 at
13.2 Slayton and thence extending in a westerly direction to a point
13.3 on Route No. 6 at Pipestone, affording Slayton, Pipestone and
13.4 intervening and adjacent communities a reasonable means of
13.5 communication, each with the other and other places within the
13.6 state.
13.7 Route No. 48. Beginning at a point on Route No. 17
13.8 westerly of Granite Falls and thence extending in a westerly
13.9 direction to a point on Route No. 6 at Canby, affording Granite
13.10 Falls, Clarkfield, Canby and intervening and adjacent
13.11 communities a reasonable means of communication, each with the
13.12 other and other places within the state.
13.13 Route No. 49. Beginning at a point on Route No. 12
13.14 easterly of Montevideo and thence extending in a northeasterly
13.15 direction to a point on Route No. 4 southerly of Willmar,
13.16 affording Montevideo, Clara City, Willmar and intervening and
13.17 adjacent communities a reasonable means of communication, each
13.18 with the other and other places within the state.
13.19 Route No. 50. Beginning at a point on Route No. 20 at
13.20 Cannon Falls and thence extending in a northwesterly direction
13.21 to a point on the southerly limits of the city of Minneapolis,
13.22 affording Cannon Falls, Farmington, Minneapolis and intervening
13.23 and adjacent communities a reasonable means of communication,
13.24 each with the other and other places within the state.
13.25 Route No. 51. Beginning at a point on Route No. 5 at
13.26 Shakopee and thence extending in a northerly direction to a
13.27 point on Route No. 12 northerly of Shakopee, affording a
13.28 connection between said Route No. 5 and said Route No. 12.
13.29 Route No. 52. Beginning at a point on Route No. 5 south of
13.30 the city of Minneapolis and thence extending in a northeasterly
13.31 direction to a point on the westerly limits of the United States
13.32 Military reservation at Fort Snelling, affording St. Paul and
13.33 adjacent communities a reasonable communication with said Route
13.34 No. 5.
13.35 Route No. 53. Beginning at a point on Route No. 3 at
13.36 Hastings and thence extending in a northwesterly direction to a
14.1 point on the southerly limits of the city of South St. Paul,
14.2 affording Hastings, South St. Paul and intervening and adjacent
14.3 communities a reasonable means of communication, each with the
14.4 other and other places within the state.
14.5 Route No. 54. Beginning at a point on Route No. 3 at Elbow
14.6 Lake and thence extending in a southwesterly direction to a
14.7 point on Route No. 10 at Herman, affording Elbow Lake, Herman
14.8 and intervening and adjacent communities a reasonable means of
14.9 communication, each with the other and other places within the
14.10 state.
14.11 Route No. 55. Beginning at a point on Route No. 2
14.12 northwesterly of Carlton and thence extending in a northerly
14.13 direction to a point in Cloquet, affording Carlton, Cloquet and
14.14 intervening and adjacent communities a reasonable means of
14.15 communication, each with the other and other places within the
14.16 state.
14.17 Route No. 56. Beginning at a point on Route No. 9 easterly
14.18 of Austin and thence extending in a northerly direction to a
14.19 point on Route No. 21 at or near Kenyon, affording Brownsdale,
14.20 Hayfield, Dodge Center, West Concord, Kenyon and intervening and
14.21 adjacent communities a reasonable means of communication, each
14.22 with the other and other places within the state.
14.23 Route No. 57. Beginning at a point in Mantorville and
14.24 extending in a southerly direction to a point on Route No. 7
14.25 southerly of Mantorville, affording Mantorville a reasonable
14.26 means of communication with said Route No. 7.
14.27 Route No. 58. Beginning at a point on Route No. 20 at
14.28 Zumbrota and thence extending in a northeasterly direction to a
14.29 point on Route No. 3 at Red Wing, affording Zumbrota, Red Wing
14.30 and intervening and adjacent communities a reasonable means of
14.31 communication, each with the other and other places within the
14.32 state.
14.33 Route No. 59. Beginning at a point on the boundary line
14.34 between the states of Minnesota and Iowa southerly of Spring
14.35 Valley and thence extending in a northerly direction to a point
14.36 on No. 3 at Lake City, affording Spring Valley, Stewartville,
15.1 Rochester, Zumbrota Falls, Lake City and intervening and
15.2 adjacent communities a reasonable means of communication, each
15.3 with the other and other places within the state.
15.4 Route No. 60. Beginning at a point on Route No. 1 at
15.5 Faribault and thence extending in a southwesterly direction to a
15.6 point on Route No. 7 at or near Madison Lake, affording
15.7 Faribault, Morristown, Waterville, Madison Lake and intervening
15.8 and adjacent communities a reasonable means of communication,
15.9 each with the other and other places within the state.
15.10 Route No. 61. Beginning at a point on Route No. 8 at Deer
15.11 River and thence extending in a northerly direction to a point
15.12 on Route No. 4 at or near Big Falls, affording Deer River, Big
15.13 Falls and intervening and adjacent communities a reasonable
15.14 means of communication, each with the other and other places
15.15 within the state.
15.16 Route No. 62. Beginning at a point on Route No. 3 at Anoka
15.17 and thence extending in a southeasterly direction to a point on
15.18 the northerly limits of the city of St. Paul, affording Anoka,
15.19 St. Paul and intervening and adjacent communities a reasonable
15.20 means of communication, each with the other and other places
15.21 within the state.
15.22 Route No. 63. Beginning at a point on Route No. 1
15.23 southerly of Forest Lake and thence extending in a southwesterly
15.24 direction to a point on the northerly and easterly limits of the
15.25 city of Minneapolis, affording a reasonable means of
15.26 communication between Route No. 1 and Minneapolis.
15.27 Route No. 64. Beginning at a point on Route No. 30
15.28 northerly of Fergus Falls and thence extending in a northerly
15.29 and westerly direction to a point on Route No. 6 southerly of
15.30 Moorhead, affording Fergus Falls, Rothsay, Barnesville, Moorhead
15.31 and intervening and adjacent communities a reasonable means of
15.32 communication, each with the other and other places within the
15.33 state.
15.34 Route No. 65. Beginning at a point on Route No. 8 at
15.35 Bagley, and thence extending in a northerly and westerly
15.36 direction to a point on Route No. 32 southerly of Red Lake
16.1 Falls, affording Bagley, Clearbrook, Gonvick, Gully, Brooks,
16.2 Terrebonne and intervening and adjacent communities a reasonable
16.3 means of communication, each with the other and other places
16.4 within the state.
16.5 Route No. 66. Beginning at a point on Route No. 12 at
16.6 Montevideo and thence extending in a northwesterly direction to
16.7 a point on Route No. 26 northerly of Appleton affording
16.8 Montevideo, Appleton and intervening and adjacent communities a
16.9 reasonable means of communication, each with the other and other
16.10 places within the state.
16.11 Route No. 67. Beginning at a point on Route No. 14
16.12 southerly of Echo and thence extending in a northerly and
16.13 westerly direction to a point on Route No. 17 at or near Granite
16.14 Falls, affording Echo, Granite Falls and intervening and
16.15 adjacent communities a reasonable means of communication, each
16.16 with the other and other places within the state.
16.17 Route No. 68. Beginning at a point on Route No. 14 at
16.18 Marshall and thence extending in a northwesterly direction to a
16.19 point on Route No. 6 near Canby, affording Marshall, Minneota,
16.20 Canby and intervening and adjacent communities a reasonable
16.21 means of communication, each with the other and other places
16.22 within the state.
16.23 Route No. 69. Beginning at a point on Route No. 25 at
16.24 Buffalo and thence extending in a northwesterly direction to a
16.25 point on Route No. 22 southeasterly of Paynesville, affording
16.26 Buffalo, Maple Lake, Annandale, Eden Valley, Paynesville and
16.27 intervening and adjacent communities a reasonable means of
16.28 communication, each with the other and other places within the
16.29 state.
16.30 Route No. 70. Beginning at a point on Route No. 7 westerly
16.31 of New Ulm and thence extending in a northerly direction to a
16.32 point on Route No. 12 at or near the village of Hector,
16.33 affording Fort Ridgely, Fairfax, Hector and intervening and
16.34 adjacent communities a reasonable means of communication, each
16.35 with the other and other places within the state.
16.36 [EFFECTIVE DATE.] This section is effective when the
17.1 transfer of jurisdiction of approximately 3.5 miles of county
17.2 state-aid highway 7 from marked U.S. highway 14 to interstate
17.3 highway I-90 is agreed to by the commissioner of transportation
17.4 and Olmsted county and a copy of the agreement, signed by the
17.5 commissioner and the chair of the Olmsted county board, has been
17.6 filed in the office of the commissioner.
17.7 Sec. 3. Minnesota Statutes 2000, section 161.115,
17.8 subdivision 36, is amended to read:
17.9 Subd. 36. [ROUTE NO. 105.] Beginning at a point on the
17.10 southerly limits of Washington avenue in the city of
17.11 Minneapolis, thence extending in a northeasterly direction
17.12 through Minneapolis to a point at the beginning of Route No. 5
17.13 on the northerly limits of the city of Minneapolis.
17.14 [EFFECTIVE DATE.] This section is effective when the
17.15 transfer of jurisdiction of a portion of legislative route No.
17.16 105, from 10th street south to Washington avenue south in
17.17 Minneapolis, is agreed to by the commissioner of transportation
17.18 and the city of Minneapolis and a copy of the agreement, signed
17.19 by the commissioner and the mayor of the city of Minneapolis,
17.20 has been filed in the office of the commissioner.
17.21 Sec. 4. Minnesota Statutes 2000, section 161.115,
17.22 subdivision 48, is amended to read:
17.23 Subd. 48. [ROUTE NO. 117.] Beginning at a point on Route
17.24 No. 100 as herein established easterly of New Prague, thence
17.25 extending in a northeasterly direction and crossing the
17.26 Mississippi River easterly of the city of South St. Paul, thence
17.27 extending in a northerly direction to a point on Route No. 1 at
17.28 or near White Bear 393.
17.29 [EFFECTIVE DATE.] This section is effective when the
17.30 transfer of jurisdiction of a portion of legislative route No.
17.31 117, marked as trunk highway 120, is agreed to by the
17.32 commissioner of transportation and the counties of Ramsey and
17.33 Washington and a copy of the agreement, signed by the
17.34 commissioner and the chair of the Ramsey county board and the
17.35 chair of the Washington county board, has been filed in the
17.36 office of the commissioner.
18.1 Sec. 5. Minnesota Statutes 2000, section 161.115, is
18.2 amended by adding a subdivision to read:
18.3 Subd. 268. [ROUTE NO. 337.] From a point on Route No. 2 in
18.4 the city of Brainerd thence extending southwesterly to its
18.5 intersection with new, marked trunk highway 371 as signed on the
18.6 day following final enactment of this subdivision.
18.7 Sec. 6. Minnesota Statutes 2000, section 161.24,
18.8 subdivision 4, is amended to read:
18.9 Subd. 4. [ACCESS TO ISOLATED PROPERTY.] When the
18.10 establishment, construction, or reconstruction of a trunk
18.11 highway closes off any other highway or street, including a city
18.12 streets street, private road, or entrance at the boundary
18.13 of such the trunk highway, the commissioner may, in mitigation
18.14 of damages, or in the interest of safety and convenient public
18.15 travel, construct a road either within the limits of the trunk
18.16 highway, or without outside the limits of the trunk highway,
18.17 connecting the closed off closed-off highway, street, private
18.18 road, or entrance with another public highway. In determining
18.19 whether to build the road within or without outside the limits
18.20 of the trunk highway, the commissioner may take into
18.21 consideration economy to the state and local traffic needs. The
18.22 commissioner, in mitigation of damages, may connect the closed
18.23 off closed-off private road with the remaining portion of the
18.24 private road or with another private road. All lands necessary
18.25 therefor for connecting a highway, street, private road, or
18.26 entrance to another public highway or for connecting a
18.27 closed-off private road to the remaining portion of a private
18.28 road or to another private road, may be acquired by purchase,
18.29 gift, or condemnation. Notwithstanding section 161.23, 161.43,
18.30 161.431, or 161.44, the commissioner may convey and quitclaim a
18.31 fee title or easement held or owned by the state in land used to
18.32 construct a road to connect the closed-off highway, street,
18.33 entrance, or private road with another public highway or to
18.34 reconnect the private road to the property served by the road.
18.35 Sec. 7. [161.366] [TRANSPORTATION CONSTRUCTION CONTRACT;
18.36 TACONITE RELIEF AREA.]
19.1 The commissioner of transportation, as a condition of
19.2 awarding a transportation construction contract in the taconite
19.3 tax relief area, may require the contractor to hire a certain
19.4 percentage of workers for that contract whose principal place of
19.5 residence is in the taconite tax relief area. Taconite tax
19.6 relief area means the tax relief area defined in section 273.134.
19.7 Sec. 8. Minnesota Statutes 2000, section 161.442, is
19.8 amended to read:
19.9 161.442 [RECONVEYANCE TO FORMER OWNER.]
19.10 Notwithstanding sections 161.23, 161.41, 161.411, 161.43,
19.11 161.44, or any other statute, the commissioner of
19.12 transportation, at the commissioner's sole discretion with the
19.13 consent of the owner, may transfer, sell, or convey real
19.14 property including fixtures, and interests in real property
19.15 including easements, to the owner from whom the property was
19.16 acquired by the state for trunk highway purposes through a
19.17 pending eminent domain action. The transfer of title may be by
19.18 stipulation, partial dismissal, bill of sale, or conveyance.
19.19 Any resulting change in the state's acquisition must be
19.20 explained in the final certificate for that action. This
19.21 provision does not confer on a landowner the right to compel a
19.22 reconveyance without the consent of the commissioner.
19.23 Sec. 9. Minnesota Statutes 2000, section 169.14,
19.24 subdivision 5d, is amended to read:
19.25 Subd. 5d. [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The
19.26 commissioner, on trunk highways and temporary trunk highways,
19.27 and local authorities, on streets and highways under their
19.28 jurisdiction, may authorize the use of reduced maximum speed
19.29 limits in highway work zones. The commissioner or local
19.30 authority is not required to conduct an engineering and traffic
19.31 investigation before authorizing a reduced speed limit in a
19.32 highway work zone.
19.33 (b) The minimum highway work zone speed limit is 20 miles
19.34 per hour. The work zone speed limit must not reduce the
19.35 established speed limit on the affected street or highway by
19.36 more than 15 miles per hour, except that the highway work zone
20.1 speed limit shall must not exceed 40 miles per hour. The
20.2 commissioner or local authority shall post the limits of the
20.3 work zone. Highway work zone speed limits are effective on
20.4 erection of appropriate regulatory speed limit signs. The signs
20.5 must be removed or covered when they are not required. A speed
20.6 greater than the posted highway work zone speed limit is
20.7 unlawful.
20.8 (c) Notwithstanding paragraph (b), on divided highways the
20.9 commissioner or local authority may establish a highway work
20.10 zone speed limit that does not exceed 55 miles per hour.
20.11 (c) (d) For purposes of this subdivision, "highway work
20.12 zone" means a segment of highway or street where a road
20.13 authority or its agent is constructing, reconstructing, or
20.14 maintaining the physical structure of the roadway, its
20.15 shoulders, or features adjacent to the roadway, including
20.16 underground and overhead utilities and highway appurtenances,
20.17 when workers are present.
20.18 (d) (e) Notwithstanding section 609.0331 or 609.101 or
20.19 other law to the contrary, a person who violates a speed limit
20.20 established under paragraph (b) or (c), or who violates any
20.21 other provision of this section while in a highway work zone, is
20.22 assessed an additional surcharge equal to the amount of the fine
20.23 imposed for the speed violation, but not less than $25.
20.24 Sec. 10. Minnesota Statutes 2000, section 169.825,
20.25 subdivision 11, is amended to read:
20.26 Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The
20.27 limitations provided in this section are increased:
20.28 (1) by ten percent from January 1 to March 7 between the
20.29 dates set by the commissioner based on a freezing index model
20.30 each winter, statewide;
20.31 (2) by ten percent from December 1 through December 31
20.32 between the dates set by the commissioner based on a freezing
20.33 index model each winter, in the zone bounded as follows:
20.34 beginning at Pigeon River in the northeast corner of Minnesota;
20.35 thence in a southwesterly direction along the north shore of
20.36 Lake Superior along trunk highway No. 61 to the junction with
21.1 trunk highway No. 210; thence westerly along trunk highway No.
21.2 210 to the junction with trunk highway No. 10; thence
21.3 northwesterly along trunk highway No. 10 to the Minnesota-North
21.4 Dakota border; thence northerly along that border to the
21.5 Minnesota-Canadian Border; thence easterly along said Border to
21.6 Lake Superior; and
21.7 (3) by ten percent from the beginning of harvest to
21.8 November 30 each year for the movement of sugar beets and
21.9 potatoes within an area having a 75-mile radius from the field
21.10 of harvest to the point of the first unloading. The
21.11 commissioner shall not issue permits under this clause if to do
21.12 so will result in a loss of federal highway funding to the state.
21.13 (b) The duration of a ten percent increase in load limits
21.14 is subject to limitation by order of the commissioner, subject
21.15 to implementation of springtime load restrictions, or March 7.
21.16 (c) When the ten percent increase is in effect, a permit is
21.17 required for a motor vehicle, trailer, or semitrailer
21.18 combination that has a gross weight in excess of 80,000 pounds,
21.19 an axle group weight in excess of that prescribed in subdivision
21.20 10, or a single axle weight in excess of 20,000 pounds and which
21.21 travels on interstate routes.
21.22 (d) In cases where gross weights in an amount less than
21.23 that set forth in this section are fixed, limited, or restricted
21.24 on a highway or bridge by or under another section of this
21.25 chapter, the lesser gross weight as fixed, limited, or
21.26 restricted may not be exceeded and must control instead of the
21.27 gross weights set forth in this section.
21.28 (e) Notwithstanding any other provision of this
21.29 subdivision, no vehicle may exceed a total gross vehicle weight
21.30 of 80,000 pounds on routes which have not been designated by the
21.31 commissioner under section 169.832, subdivision 11.
21.32 (f) The commissioner may, after determining the ability of
21.33 the highway structure and frost condition to support additional
21.34 loads, grant a permit extending seasonal increases for vehicles
21.35 using portions of routes falling within two miles of the
21.36 southern boundary of the zone described under paragraph (a),
22.1 clause (2).
22.2 Sec. 11. Minnesota Statutes 2000, section 174.02,
22.3 subdivision 4, is amended to read:
22.4 Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.]
22.5 The commissioner may appear as a party on behalf of the public
22.6 in any proceeding or matter before the interstate commerce
22.7 commission, the civil aeronautics surface transportation board
22.8 or any other agency or instrumentality of government which that
22.9 regulates public services or rates relating to transportation or
22.10 other matters related to the powers and responsibilities of the
22.11 commissioner as prescribed by law. The commissioner shall
22.12 appear as a party on behalf of the public in proceedings before
22.13 the transportation regulation board as provided by law on
22.14 matters which that directly relate to the powers and duties of
22.15 the commissioner or which substantially affect the statewide
22.16 transportation plan. On all other transportation matters the
22.17 commissioner may appear before the transportation regulation
22.18 board.
22.19 Sec. 12. Minnesota Statutes 2000, section 174.02,
22.20 subdivision 5, is amended to read:
22.21 Subd. 5. [COOPERATION.] To facilitate the development of a
22.22 unified and coordinated intrastate and interstate transportation
22.23 system:
22.24 (1) the commissioner shall maintain close liaison,
22.25 coordination and cooperation with the private sectors of
22.26 transportation, the upper great lakes seaway development
22.27 commission corporation, and any multistate organization involved
22.28 in transportation issues affecting the state;
22.29 (2) the commissioner shall participate in the planning,
22.30 regulation and development of the port authorities of the state;
22.31 and
22.32 (3) the commissioner or the commissioner's designee shall
22.33 be is a nonvoting, ex officio member of the metropolitan
22.34 airports commission, as organized and established under sections
22.35 473.601 to 473.679.;
22.36 (4) the commissioner shall cooperate with all federal
23.1 agencies for the purpose of harmonizing state rules and federal
23.2 regulations within the state to the extent and in the manner
23.3 deemed advisable;
23.4 (5) the commissioner may conduct joint hearings with any
23.5 federal agency within or outside the state and, to the extent
23.6 allowed under federal law or regulation, may approve and
23.7 establish freight rates and charges that depart from the
23.8 distance principle required by any state law; and
23.9 (6) the commissioner may nominate members to any joint
23.10 board as provided by federal acts.
23.11 Sec. 13. Minnesota Statutes 2000, section 174.10,
23.12 subdivision 1, is amended to read:
23.13 Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The
23.14 commissioner in any contested case before the transportation
23.15 regulation board that involves a motor carrier or common carrier
23.16 by rail as a party shall give reasonable notice to
23.17 representatives of associations or other interested groups or
23.18 persons who have registered their names with the board
23.19 commissioner for that purpose, to all parties and to cities and
23.20 municipalities which that the board commissioner deems to be
23.21 interested in the proceeding. The commissioner may prescribe an
23.22 annual fee to be credited to the general fund, which fee shall
23.23 be as a charge to all registered groups or persons. The fee
23.24 must be credited to the general fund. This charge is to cover
23.25 the out-of-pocket costs involved in giving such providing the
23.26 notice.
23.27 Sec. 14. Minnesota Statutes 2000, section 174.10,
23.28 subdivision 3, is amended to read:
23.29 Subd. 3. [PROSECUTION.] In proceedings which that involve
23.30 a hearing before the transportation regulation board motor
23.31 carrier or common carrier by rail as a party, the matter shall
23.32 must be investigated and prosecuted before the board heard by
23.33 the commissioner of transportation representing the interests of
23.34 the people of this state as authorized by law.
23.35 Sec. 15. Minnesota Statutes 2000, section 174.10,
23.36 subdivision 4, is amended to read:
24.1 Subd. 4. [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in
24.2 any proceeding before the transportation regulation board
24.3 relating to or involving the reasonableness of rates, fares,
24.4 charges, or classifications, the board commissioner decides that
24.5 it the department does not have jurisdiction because the traffic
24.6 covered by the rates, fares, charges, or classifications is
24.7 interstate commerce, the transportation regulation
24.8 board commissioner shall issue an order dismissing the
24.9 proceeding and stating the ground of the dismissal, which order
24.10 may be appealed from in like manner as other appealable orders.
24.11 Sec. 16. Minnesota Statutes 2000, section 174A.02,
24.12 subdivision 1, is amended to read:
24.13 Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] Some of
24.14 the functions of the transportation regulation board shall be
24.15 legislative and commissioner of transportation, related to motor
24.16 carriers and common carriers by rail, are quasi-judicial in
24.17 nature. It The commissioner may make such investigations and
24.18 determinations, hold such hearings, prescribe such rules, and
24.19 issue such orders with respect to the control and conduct of the
24.20 carrier businesses coming within its the commissioner's
24.21 jurisdiction as the legislature itself might make but only as it
24.22 shall from time to time authorize authorized by law.
24.23 Sec. 17. Minnesota Statutes 2000, section 174A.02,
24.24 subdivision 2, is amended to read:
24.25 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] (a) To the
24.26 extent allowed under federal law or regulation, the board
24.27 commissioner shall further hold hearings and issue orders in
24.28 cases brought before it by either the commissioner on the
24.29 commissioner's own motion or by a third party in the following
24.30 areas:
24.31 (a) (1) adequacy of services which that carriers are
24.32 providing to the public, including the continuation, termination
24.33 or modification of services and facilities.;
24.34 (b) The (2) reasonableness of tariffs of rates, fares, and
24.35 charges, or a part or classification thereof of a tariff; and
24.36 (3) issuing permits.
25.1 (b) For purposes of paragraph (a), clause (2), the board
25.2 commissioner may authorize common carriers by rail and
25.3 motor carrier carriers for hire to file tariffs of rates, fares,
25.4 and charges individually or by group. Carriers participating in
25.5 group rate making have the free and unrestrained right to take
25.6 independent action either before or after a determination
25.7 arrived at through such that procedure.
25.8 (c) The issuing of franchises, permits, or certificates of
25.9 convenience and necessity.
25.10 Sec. 18. Minnesota Statutes 2000, section 174A.02,
25.11 subdivision 4, is amended to read:
25.12 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters
25.13 within its the commissioner's jurisdiction, the board
25.14 commissioner shall receive, hear, and determine all petitions
25.15 filed with it the commissioner in accordance with the procedures
25.16 established by law and may hold hearings and make determinations
25.17 upon its the commissioner's own motion to the same extent, and
25.18 in every instance, in which it the commissioner may do so upon
25.19 petition. Upon receiving petitions filed pursuant to sections
25.20 221.121, subdivision 1, 221.151, 221.296, and 221.55, the board
25.21 commissioner shall give notice of the filing of the petition to
25.22 representatives of associations or other interested groups or
25.23 persons who have registered their names with the board
25.24 commissioner for that purpose and to whomever the board
25.25 commissioner deems to be interested in the petition. The board
25.26 commissioner may grant or deny the request of the petition 30
25.27 days after notice of the filing has been fully given. If
25.28 the board commissioner receives a written objection and notice
25.29 of intent to appear at a hearing to object to the petition from
25.30 any person within 20 days of the notice having been fully given,
25.31 the request of the petition shall must be granted or denied only
25.32 after a contested case hearing has been conducted on the
25.33 petition, unless the objection is withdrawn prior to before the
25.34 hearing. The board commissioner may elect to hold a contested
25.35 case hearing if no objections to the petition are received. If
25.36 a timely objection is not received, or if received and
26.1 withdrawn, and the request of the petition is denied without
26.2 hearing, the petitioner may request within 30 days of receiving
26.3 the notice of denial, and shall must be granted, a contested
26.4 case hearing on the petition.
26.5 Sec. 19. Minnesota Statutes 2000, section 174A.04, is
26.6 amended to read:
26.7 174A.04 [HEARINGS AND APPEALS.]
26.8 Subdivision 1. [HEARINGS.] All hearings related to common
26.9 carriers by rail or motor carriers and required to be conducted
26.10 by the commissioner of transportation regulation board shall
26.11 must be conducted pursuant to sections 14.001 to 14.69.
26.12 Subd. 2. [APPEALS.] An appeal from an order of the
26.13 commissioner must be in accordance with chapter 14.
26.14 Sec. 20. Minnesota Statutes 2000, section 174A.06, is
26.15 amended to read:
26.16 174A.06 [CONTINUATION OF RULES.]
26.17 (a) Orders and directives in force, issued, or promulgated
26.18 under authority of chapters 174A, 216A, 218, 219, 221, and 222
26.19 remain and continue in force and effect until repealed,
26.20 modified, or superseded by duly authorized orders or directives
26.21 of the commissioner of transportation. To the extent allowed
26.22 under federal law or regulation, rules adopted under authority
26.23 of the following sections are transferred to the commissioner of
26.24 transportation and continue in force and effect until repealed,
26.25 modified, or superseded by duly authorized rules of the
26.26 commissioner:
26.27 (1) section 218.041 except rules related to the form and
26.28 manner of filing railroad rates, railroad accounting rules, and
26.29 safety rules;
26.30 (2) section 219.40;
26.31 (3) rules relating to rates or tariffs, or the granting,
26.32 limiting, or modifying of permits or certificates of convenience
26.33 and necessity under section 221.031, subdivision 1;
26.34 (4) rules relating to the sale, assignment, pledge, or
26.35 other transfer of a stock interest in a corporation holding
26.36 authority to operate as a permit carrier as prescribed in
27.1 section 221.151, subdivision 1, or a local cartage carrier under
27.2 section 221.296, subdivision 8;
27.3 (5) rules relating to rates, charges, and practices under
27.4 section 221.161, subdivision 4; and
27.5 (6) rules relating to rates, tariffs, or the granting,
27.6 limiting, or modifying of permits under sections 221.121, and
27.7 221.151, and 221.296.
27.8 (b) The commissioner shall review the transferred rules,
27.9 orders, and directives and, when appropriate, develop and adopt
27.10 new rules, orders, or directives.
27.11 Sec. 21. Minnesota Statutes 2000, section 218.031,
27.12 subdivision 2, is amended to read:
27.13 Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every
27.14 common carrier shall furnish to the commissioner:
27.15 (1) all schedules of rates, fares and charges, every part
27.16 and classification thereof, together with minimum weights and
27.17 rules with respect thereto, and any and all amendments,
27.18 modifications or changes therein;
27.19 (2) all information duly required in blanks and forms
27.20 furnished by the commissioner;
27.21 (3) a copy of all annual reports and valuation data
27.22 furnished to the Interstate Commerce Commission not later than
27.23 June 30th, covering the preceding calendar year, together with
27.24 any additional information regarding valuation of its properties
27.25 requested by the commissioner;
27.26 (4) a report of accidents, wrecks, and casualties occurring
27.27 in this state in such a manner and form and at such the times
27.28 as prescribed by the commissioner. All such reports
27.29 administered by the department of public safety shall must be
27.30 received and administered in accordance with the provisions of
27.31 section 169.09, subdivision 13. All other reports shall be are
27.32 open to public inspection but shall are not be admissible in
27.33 evidence in any suit or action for damages growing out of such
27.34 accident, wreck, or casualty;.
27.35 (5) all tariff agreements or arrangements with other
27.36 carriers;
28.1 (6) all joint schedules of rates, fares or classifications.
28.2 Sec. 22. Minnesota Statutes 2000, section 218.041,
28.3 subdivision 4, is amended to read:
28.4 Subd. 4. [COMMISSIONER DUTIES UPON PETITION.] (a) The
28.5 commissioner shall, upon petition:
28.6 (1) at all points of intersection and crossings of
28.7 different railroads, or where two railroads are not more than
28.8 one-half mile apart, and at all terminals, prescribe ample
28.9 facilities by track connection, joint use of tracks, freight
28.10 platforms and depots, warehouses, docks over which general
28.11 merchandise is handled and forwarded, and other necessary
28.12 appliances and conveniences for the transfer, forwarding and
28.13 handling of general merchandise and parcel freight between such
28.14 railroads and between such railroads and such docks, warehouses
28.15 and vessels at such docks;
28.16 (2) determine the proportionate share of each company in
28.17 the cost of providing connecting and transfer facilities in the
28.18 event the companies fail to agree;
28.19 (3) direct construction, maintenance and operation at any
28.20 points prescribed by law of all side tracks and reasonable
28.21 facilities connecting any road with any grain warehouse or mill,
28.22 dock, wharf, coal yard, quarry, brick or lime kiln, sand or
28.23 gravel pit, crushed rock or concrete plant, or manufactory
28.24 adjacent thereto, and prescribe the terms therefor;
28.25 (4) prescribe reasonable rules for handling property,
28.26 passenger, baggage, express and mail, partly over privately
28.27 owned rights-of-way and partly over highways, so that reasonable
28.28 and adequate accommodations and service may be afforded;
28.29 (5) prescribe the extent to which any designated carrier,
28.30 upon its petition, may be relieved from the operation of the
28.31 principles established by section 218.021, subdivision 1,
28.32 clauses (5), (6) and (7);
28.33 (6), direct the repair, reconstruction, or replacement of
28.34 any inadequate or unsafe trackage, structure or facility.
28.35 (b) Upon receipt of a petition for action pursuant to this
28.36 subdivision the commissioner shall give notice to all persons
29.1 known to it the commissioner to have an interest in the matter
29.2 and publish notice of the petition in the State Register. The
29.3 commissioner may grant the petition 30 days' after notice has
29.4 been fully made. If the commissioner receives a written
29.5 objection to the petition from any person within 20 days after
29.6 the notice of filing has been fully made, the exemption shall
29.7 must be granted or denied only after a contested case hearing
29.8 has been held on the matter. The commissioner may elect to hold
29.9 a contested case hearing if no objections to the petition or
29.10 application are received. If a timely objection is not received
29.11 and the commissioner declines to act without a hearing, the
29.12 petitioner may request within 30 days of receiving a notice of
29.13 denial, and shall must be granted, a contested case hearing on
29.14 the application.
29.15 Sec. 23. Minnesota Statutes 2000, section 218.041,
29.16 subdivision 5, is amended to read:
29.17 Subd. 5. [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The
29.18 commissioner shall:
29.19 (1) investigate and determine whether any common carriers
29.20 are granting rebates or, in any other particular, failing to
29.21 comply with laws or with orders, rules, or directives of the
29.22 commissioner; and
29.23 (2) appear and press before the Interstate Commerce
29.24 Commission any petition, whether filed by a resident of the
29.25 state or otherwise, charging any common carrier doing business
29.26 in this state with any violation of the Interstate Commerce Act
29.27 of the United States, whenever the department deems the matter
29.28 to be one of public interest;
29.29 (3) institute and prosecute all actions and proceedings in
29.30 the appropriate courts for the enforcement of the provisions of
29.31 this chapter,; the orders, rules, and directives of the
29.32 commissioner issued thereunder under this chapter; and any
29.33 violations thereof.
29.34 Sec. 24. Minnesota Statutes 2000, section 218.041,
29.35 subdivision 6, is amended to read:
29.36 Subd. 6. [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING
30.1 POWERS.] In the exercise of powers granted in this chapter, the
30.2 commissioner may:
30.3 (1) subpoena books, papers, or accounts kept by any
30.4 regulated business within or without the state, or compel
30.5 production of verified copies;
30.6 (2) prepare all forms or blanks for the purpose of
30.7 obtaining information which that the commissioner may deem
30.8 necessary or useful for the proper exercise of the authority and
30.9 duties of the commissioner in connection with regulated
30.10 businesses, and prescribe the time and manner within which the
30.11 blanks and forms shall must be completed and filed;
30.12 (3) inspect, at all reasonable times, and copy the books,
30.13 records, memoranda, correspondence, or other documents and
30.14 records of any business under the commissioner's
30.15 jurisdiction; and
30.16 (4) examine, under oath, any officer, agent, or employee of
30.17 a business under the commissioner's jurisdiction concerning its
30.18 business and affairs; and
30.19 (5) prescribe rules, duly promulgated in accordance with
30.20 chapter 14, relating to rates, care in handling and other
30.21 livestock transportation matters any matter within the
30.22 commissioner's jurisdiction.
30.23 Sec. 25. Minnesota Statutes 2000, section 219.074,
30.24 subdivision 2, is amended to read:
30.25 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1,
30.26 1992, and on or before July 1 of each of the next four years,
30.27 and as necessary afterward, the commissioner shall develop a
30.28 list of grade crossings proposed to be vacated. The list must
30.29 be developed by applying the standards set forth in the rules
30.30 adopted under section 219.073. Grade crossings that are part of
30.31 an abandonment, closing, or removal under section 219.741 may
30.32 not be included in the list. The commissioner shall notify the
30.33 public officials having the necessary authority and the railway
30.34 companies operating the railroads of the proposed vacations.
30.35 Either affected party may request a hearing. If requested, the
30.36 commissioner shall hold a contested case hearing applying in the
31.1 commissioner's determination the rules developed under section
31.2 219.073. If after the hearing the commissioner determines that
31.3 the vacation is consistent with the standards adopted under
31.4 section 219.073, the commissioner may order the crossing
31.5 vacated. If a request for a hearing on a particular crossing is
31.6 not received within 30 days of the publication in the State
31.7 Register, the commissioner shall order the crossing vacated.
31.8 Sec. 26. Minnesota Statutes 2000, section 219.402, is
31.9 amended to read:
31.10 219.402 [ADEQUATE CROSSING PROTECTION.]
31.11 Crossing warning devices or improvements installed or
31.12 maintained under this chapter as approved by the commissioner or
31.13 any predecessor, whether by order or otherwise, are adequate and
31.14 appropriate warning for the crossing.
31.15 Sec. 27. Minnesota Statutes 2000, section 222.632, is
31.16 amended to read:
31.17 222.632 [RIGHT OF FIRST REFUSAL.]
31.18 A railroad interest that is in bankruptcy proceedings may
31.19 not sell or offer for sale an interest in real property that is
31.20 within the right-of-way, a railroad interest that is abandoning
31.21 a railroad line may not sell or offer for sale an interest in
31.22 real property within the right-of-way to be abandoned, and a
31.23 nonrailroad lessor may not sell or offer for sale an interest in
31.24 real property within the right-of-way with respect to which it
31.25 is a nonrailroad lessor, unless it first extends a written offer
31.26 to sell that interest at a fair market value price to each
31.27 person who is a leaseholder with respect to the property.
31.28 Leaseholders must respond to the offer within 60 days of receipt
31.29 of the notice and the railroad interest must negotiate in good
31.30 faith with an interested leaseholder for a period of 90 days
31.31 following the leaseholder's response. After the 90-day
31.32 negotiation period, either party may file a notice of dispute
31.33 with the commissioner of transportation under section 222.633.
31.34 The property may not be sold to a party other than the
31.35 leaseholder during the response and negotiation periods or while
31.36 a dispute is pending before the commissioner. This section does
32.1 not apply to a sale of an entire operating railroad line by one
32.2 operating railroad to another for the purpose of operating a
32.3 railroad.
32.4 Sec. 28. [TRANSFERRING CARRIER REGULATORY
32.5 RESPONSIBILITIES.]
32.6 (a) Responsibilities, as defined in Minnesota Statutes,
32.7 section 15.039, subdivision 1, held by the transportation
32.8 regulation board including, but not limited to, responsibilities
32.9 relating to administration, regulation, recordkeeping, operating
32.10 authority, permitting, rate making, rulemaking, and enforcement
32.11 of transportation laws, rules, and regulations relating to motor
32.12 carriers and common carriers by rail under Minnesota Statutes,
32.13 chapters 218, 219, 221, and 222, are transferred to the
32.14 commissioner of the Minnesota department of transportation under
32.15 Minnesota Statutes, section 15.039.
32.16 (b) The legislative and quasi-judicial functions and powers
32.17 conferred on the board under Minnesota Statutes, chapter 174A,
32.18 are also transferred to the commissioner.
32.19 (c) The position of transportation regulation board member
32.20 and the transportation regulation board as previously
32.21 constituted are abolished.
32.22 Sec. 29. [TRUNK HIGHWAYS DISCONTINUED; REPEALER,
32.23 CONTINGENT EFFECTIVE DATE.]
32.24 (a) Minnesota Statutes 2000, section 161.115, subdivision
32.25 164, is repealed on the date the transfer of jurisdiction of
32.26 legislative route No. 233 is agreed to by the commissioner of
32.27 transportation and the county of Crow Wing and a copy of the
32.28 agreement, signed by the commissioner and the chair of the Crow
32.29 Wing county board, has been filed in the office of the
32.30 commissioner.
32.31 (b) Minnesota Statutes 2000, section 161.115, subdivision
32.32 175, is repealed on the date the transfer of jurisdiction of
32.33 legislative route No. 244 is agreed to by the commissioner of
32.34 transportation and the counties of Ramsey and Washington and a
32.35 copy of each agreement, signed by the commissioner and the chair
32.36 of the Ramsey county board and the chair of the Washington
33.1 county board, as applicable, has been filed in the office of the
33.2 commissioner.
33.3 (c) Minnesota Statutes 2000, section 161.115, subdivision
33.4 236, is repealed on the date the transfer of jurisdiction of
33.5 legislative route No. 305 is agreed to by the commissioner of
33.6 transportation and the city of Brainerd and a copy of the
33.7 agreement, signed by the commissioner and the mayor of the city
33.8 of Brainerd, has been filed in the office of the commissioner.
33.9 (d) Minnesota Statutes 2000, section 161.115, subdivision
33.10 253, is repealed on the date the transfer of jurisdiction of
33.11 legislative route No. 322 is agreed to by the commissioner of
33.12 transportation and the city of Brainerd and a copy of the
33.13 agreement, signed by the commissioner and the mayor of the city
33.14 of Brainerd, has been filed in the office of the commissioner.
33.15 Sec. 30. [INSTRUCTIONS TO REVISOR.]
33.16 (a) Except when used in the phrases to be changed by the
33.17 revisor under paragraph (b), the revisor of statutes is directed
33.18 to change the word "board" or "board's," or similar term or
33.19 phrase, when it refers to the transportation regulation board,
33.20 to the term "commissioner," "commissioner's," or "commissioner
33.21 of transportation," as appropriate, where it appears in:
33.22 (1) Minnesota Statutes, sections 174A.02, subdivision 3;
33.23 221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and
33.24 6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161,
33.25 subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1;
33.26 221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291,
33.27 subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and
33.28 221.55; and
33.29 (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920.
33.30 (b) The revisor of statutes is directed to change the
33.31 phrases "board or commissioner," "commissioner or board," "board
33.32 or the commissioner," "commissioner or the board," "commissioner
33.33 and the board," "commissioner and board," "board and the
33.34 commissioner," "board and commissioner," "department and board,"
33.35 "board or department," and "board and the department," when the
33.36 word "board" refers to the transportation regulation board, to
34.1 the term "commissioner," or "commissioner of transportation," as
34.2 appropriate, where it appears in:
34.3 (1) Minnesota Statutes, sections 221.011, subdivision 15;
34.4 221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122,
34.5 subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1
34.6 and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293;
34.7 221.295; 221.296, subdivisions 3 and 4; and 221.68; and
34.8 (2) Minnesota Rules, chapter 8850.
34.9 (c) Except when amended accordingly in this act, the
34.10 revisor of statutes is directed to change the words
34.11 "transportation regulation board" to "commissioner of
34.12 transportation" wherever they appear in Minnesota Statutes and
34.13 Minnesota Rules.
34.14 (d) In Minnesota Statutes, the revisor of statutes shall
34.15 renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and
34.16 174A.06 as 174.66.
34.17 (e) In Minnesota Rules, chapters 7800 and 8830, the revisor
34.18 of statutes shall change the term "commission" to "commissioner
34.19 of transportation" or "commissioner," as appropriate.
34.20 (f) The revisor of statutes shall change the description of
34.21 the route identified in section 2 in the next publication of
34.22 Minnesota Statutes unless the commissioner of transportation
34.23 informs the revisor that the conditions required to modify the
34.24 route were not satisfied.
34.25 (g) The revisor of statutes shall change the description of
34.26 each route identified in sections 3 and 4 in the next
34.27 publication of Minnesota Statutes unless the commissioner of
34.28 transportation informs the revisor that the conditions required
34.29 to modify a particular route were not satisfied.
34.30 (h) The revisor of statutes shall delete each route
34.31 identified in section 29 in the next publication of Minnesota
34.32 Statutes unless the commissioner of transportation informs the
34.33 revisor that the conditions required to transfer the routes were
34.34 not satisfied.
34.35 (i) The revisor of statutes shall make other changes in
34.36 chapter titles; section, subdivision, part, and subpart
35.1 headnotes; and in other terminology necessary as a result of the
35.2 enactment of this act.
35.3 Sec. 31. [REPEALER.]
35.4 Minnesota Statutes 2000, sections 174A.01; 174A.02,
35.5 subdivision 5; 174A.03; 174A.05; 219.558; 219.559; 219.56;
35.6 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 219.71;
35.7 219.741; 219.743; 219.751; 219.755; 219.85; 219.88; 219.97,
35.8 subdivisions 6, 7, and 10; and 222.633, are repealed.