HF 4608

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:43pm

A bill for an act
relating to transportation; providing for commercial transportation; establishing a
commercial driver training assistance program; establishing a truck parking
improvement program; appropriating money; authorizing the sale and issuance of
state bonds; amending Minnesota Statutes 2022, sections 171.01, by adding a
subdivision; 171.13, subdivision 8; 171.3213; proposing coding for new law in
Minnesota Statutes, chapters 171; 174; repealing Minnesota Rules, part 7410.6180.

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

Section 1.

Minnesota Statutes 2022, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 45c. new text end

new text begin Road test. new text end

new text begin "Road test" means the actual physical demonstration of skills and
ability to exercise ordinary and reasonable control in the operation of a motor vehicle. As
appropriate, a road test includes demonstration of ability to perform an inspection of a
vehicle and equipment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 171.13, subdivision 8, is amended to read:

Subd. 8.

Test scheduling.

The commissioner must not schedule or reserve recurring
time with a public, private, or commercial driver education program for purposes of
administering deleted text begin skills or deleted text end road tests to a class D deleted text begin or commercial deleted text end driver's license applicant.

Sec. 3.

Minnesota Statutes 2022, section 171.3213, is amended to read:

171.3213 THIRD-PARTY TESTING OF deleted text begin SCHOOL BUS deleted text end new text begin CERTAIN new text end DRIVERS.

new text begin (a) new text end A school district that is a third-party testing program and owns or operates school
buses may enter into an agreement with other school districts to new text begin administer the road new text end test new text begin for new text end
the other districts' school bus driver employees. A school bus company that is a third-party
testing program and owns or operates school buses may enter into an agreement with other
school bus companies to new text begin administer the road new text end test new text begin for new text end the other companies' school bus driver
employees.

new text begin (b) A third-party testing program may enter into an agreement with a public, private, or
commercial driver education program to administer the road test for a commercial driver's
license, and any necessary associated endorsements, to a student enrolled at the driver
education program.
new text end

new text begin (c) new text end A third-party testing program new text begin that performs testing under this section new text end may be
reimbursed by the tested driver's school district deleted text begin or deleted text end new text begin , school bus new text end company new text begin , or driver education
program new text end .

new text begin (d) new text end The agreement new text begin under this section new text end must be submitted to the commissioner for approval.
A certified third-party tester must be employed by deleted text begin a school district or a school bus company
providing deleted text end new text begin the third-party testing program that provides new text end the testing services.

Sec. 4.

new text begin [171.45] COMMERCIAL DRIVER TRAINING ASSISTANCE 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 have
the meanings given.
new text end

new text begin (b) "Award recipient" means an individual who receives an award of financial assistance
under the program.
new text end

new text begin (c) "CDL training" means education and training for purposes of an individual to operate
a motor vehicle under a commercial driver's license or related endorsement.
new text end

new text begin (d) "Commercial driver training school" has the meaning given in section 171.33,
subdivision 1.
new text end

new text begin (e) "Driver training school" means a commercial driver training school or a postsecondary
school that provides CDL training.
new text end

new text begin (f) "Postsecondary school" means a postsecondary college or university that provides a
driver education program that is exempt from approval or licensure by the commissioner
under rules adopted by the commissioner.
new text end

new text begin (g) "Program" means the commercial driver training assistance program established in
this section.
new text end

new text begin (h) "Registered employer" means an employer that the commissioner has registered as
a participant in the program.
new text end

new text begin (i) "Registered provider" means a driver training school that the commissioner has
registered as a participant in the program.
new text end

new text begin Subd. 2. new text end

new text begin Program establishment. new text end

new text begin Subject to available funds, the commissioner must
implement a commercial driver training assistance program to provide financial support for
individuals to receive education and training to operate a motor vehicle under a commercial
driver's license or related endorsement.
new text end

new text begin Subd. 3. new text end

new text begin Program administration. new text end

new text begin (a) The commissioner must establish program
requirements in conformance with this section, which must include but is not limited to:
new text end

new text begin (1) establishing procedures to allocate financial assistance on a first-come, first-served
basis to (i) an individual under subdivision 8, or (ii) a motor carrier under subdivision 9;
new text end

new text begin (2) publishing a manual on the program that describes requirements and procedures;
new text end

new text begin (3) establishing standards for calculation of stipends for living expenses; and
new text end

new text begin (4) maintaining functionality and information for the program on the department's website
that includes:
new text end

new text begin (i) an overview of the program;
new text end

new text begin (ii) a summary of expenditures and awards of financial assistance;
new text end

new text begin (iii) methods for submission of applications under subdivisions 4 to 6;
new text end

new text begin (iv) listings of registered providers and registered employers, with appropriate detail
and descriptions; and
new text end

new text begin (v) methods for submission of reports under subdivision 10.
new text end

new text begin (b) The commissioner must not expend more than three percent of funds made available
in a fiscal year under this section on program administration.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility for assistance. new text end

new text begin To be eligible to receive financial assistance under
the program, an individual must:
new text end

new text begin (1) submit an application for financial assistance that is approved by the commissioner,
which must include:
new text end

new text begin (i) identification of at least two motor carriers with whom the applicant has performed
a job shadow involving operation of a commercial motor vehicle; and
new text end

new text begin (ii) a summary of work plans or career pathway goals involving commercial driving;
new text end

new text begin (2) possess a valid Minnesota driver's license;
new text end

new text begin (3) be a citizen of the United States;
new text end

new text begin (4) be a resident of this state;
new text end

new text begin (5) be 18 years of age or older;
new text end

new text begin (6) meet the requirements of an applicant for a class A, class B, or class C commercial
driver's license under section 171.162; and
new text end

new text begin (7) not have had a driver's license suspended or revoked for a driving-related violation
within the last five years.
new text end

new text begin Subd. 5. new text end

new text begin Driver training schools. new text end

new text begin To be a registered provider, a driver training school
must:
new text end

new text begin (1) submit a registration application to the commissioner;
new text end

new text begin (2) provide CDL training in compliance with the requirements under Code of Federal
Regulations, title 49, part 380, subpart F, or successor requirements;
new text end

new text begin (3) be listed on the training provider registry maintained by the Federal Motor Carrier
Safety Administration; and
new text end

new text begin (4) be in good standing, as determined by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Employers. new text end

new text begin To be a registered employer, an employer must:
new text end

new text begin (1) submit a registration application to the commissioner;
new text end

new text begin (2) agree to:
new text end

new text begin (i) provide or participate in job shadowing, ride-alongs, and career exploration events;
and
new text end

new text begin (ii) submit information to the commissioner on individuals and activities involved under
item (i);
new text end

new text begin (3) offer supplemental driver instruction or another form of entry-level driver support
for the first year of a grant recipient's employment; and
new text end

new text begin (4) unless the employer is self-insured, provide an approval from an insurer that the
employer may hire a person who has recently obtained a commercial driver's license.
new text end

new text begin Subd. 7. new text end

new text begin Applications; denials; removals. new text end

new text begin (a) An application submitted under
subdivisions 4 to 6 must be in the form and manner specified by the commissioner.
new text end

new text begin (b) Following a registration application submitted under subdivision 5 or 6, the
commissioner must register or deny registration for the applicant. On a determination of
good cause, the commissioner may remove a registered provider or a registered employer.
The commissioner must establish a process for an applicant, registered provider, or registered
employer to initiate a review of the denial or removal.
new text end

new text begin Subd. 8. new text end

new text begin Financial assistance; awards to individuals. new text end

new text begin (a) The commissioner may only
award financial assistance to an individual who:
new text end

new text begin (1) meets the requirements under subdivision 4;
new text end

new text begin (2) receives CDL training from a registered provider; and
new text end

new text begin (3) agrees to the terms of financial assistance and repayment established by the
commissioner as provided under subdivision 10.
new text end

new text begin (b) Subject to available funds, the amount awarded to an individual must equal:
new text end

new text begin (1) the total customarily charged by the registered provider for education and training
specifically related to a commercial driver's license, which may include but is not limited
to tuition, books and course materials, and associated fees; plus
new text end

new text begin (2) a stipend for reasonable living expenses, as determined by the commissioner; less
new text end

new text begin (3) any amount of financial aid or deductions that are reasonably applicable to reduce
the total that would otherwise be charged for the training and education.
new text end

new text begin (c) The commissioner may make payments to an award recipient or to a registered
provider who provides driver training to an award recipient.
new text end

new text begin Subd. 9. new text end

new text begin Financial assistance; reimbursement to motor carriers. new text end

new text begin (a) A motor carrier
is eligible to receive financial assistance under the program.
new text end

new text begin (b) The commissioner may only provide reimbursement to a motor carrier that:
new text end

new text begin (1) submits a request for reimbursement that is approved by the commissioner;
new text end

new text begin (2) is a private driver training school that provides CDL training and meets the
requirements under subdivision 5, clauses (2) to (4);
new text end

new text begin (3) is a registered employer; and
new text end

new text begin (4) agrees to the terms of financial assistance and repayment established by the
commissioner as provided under subdivision 10.
new text end

new text begin (c) Subject to available funds, the amount of reimbursement must equal the costs
customarily incurred by the motor carrier for CDL training of only those individuals who
meet the requirements under subdivision 4, clauses (2) to (7), which include but are not
limited to instructor salaries, books and course materials, vehicle maintenance and operating
costs, fuel, and insurance.
new text end

new text begin (d) The reimbursement under paragraph (c) must not exceed $....... per individual.
new text end

new text begin Subd. 10. new text end

new text begin Financial assistance; terms and repayment. new text end

new text begin (a) The commissioner must
establish terms of financial assistance that include requiring that the applicable individual:
new text end

new text begin (1) successfully completes driver training with a registered provider or a motor carrier
under subdivision 9;
new text end

new text begin (2) is issued a commercial driver's license within six months of training completion
under clause (1);
new text end

new text begin (3) is employed with one or more registered employers for a total period of at least one
year in a position that requires a commercial driver's license, which must occur within 24
months of training completion under clause (1); and
new text end

new text begin (4) does not lose motor vehicle operating privileges during the period under clauses (1)
to (3).
new text end

new text begin (b) The commissioner must establish requirements and a schedule for prorated repayment
of financial assistance for an applicable individual who does not meet the terms under
paragraph (a).
new text end

new text begin Subd. 11. new text end

new text begin Reporting. new text end

new text begin (a) The following entities must submit quarterly reporting
information in the form and manner specified by the commissioner:
new text end

new text begin (1) an award recipient;
new text end

new text begin (2) a registered provider that provides education and training to an award recipient;
new text end

new text begin (3) a registered employer that employs an award recipient; and
new text end

new text begin (4) a motor carrier that receives financial assistance.
new text end

new text begin (b) Reports are required under paragraph (a), clauses (1) and (2), during the period that
an award recipient receives financial assistance. Reports are required under paragraph (a),
clause (3), for a period of one year following initial hiring of an award recipient. Reports
are required under paragraph (a), clause (4), for a period of one year following completion
of driver training.
new text end

Sec. 5.

new text begin [174.68] TRUCK PARKING IMPROVEMENT 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 have
the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of transportation.
new text end

new text begin (c) "Program" means the truck parking improvement program established in this section.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin The commissioner must implement a truck parking
improvement program to support improvements related to truck parking access, availability,
and safety.
new text end

new text begin Subd. 3. new text end

new text begin Program administration. new text end

new text begin (a) The commissioner must establish program
requirements in conformance with this section, including but not limited to a competitive
process for project evaluation and discretionary award of financial assistance.
new text end

new text begin (b) The commissioner must conduct a solicitation for projects under the program in each
fiscal year for which funds are available. The commissioner must make reasonable efforts
to publicize each solicitation among all eligible recipients.
new text end

new text begin (c) The commissioner may authorize expenditures, provide grants, or provide other
financial assistance for a project.
new text end

new text begin (d) The commissioner is prohibited from expending more than one percent of available
funds in a fiscal year under this section on program administration.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility. new text end

new text begin Eligible recipients of financial assistance under this section are:
new text end

new text begin (1) the Department of Transportation;
new text end

new text begin (2) a county;
new text end

new text begin (3) a statutory or home rule charter city that receives aid from the municipal state-aid
street fund under chapter 162;
new text end

new text begin (4) a statutory or home rule charter city or a town in partnership with a political
subdivision under clause (2) or (3);
new text end

new text begin (5) a metropolitan planning organization;
new text end

new text begin (6) a public or private port authority;
new text end

new text begin (7) an established truck stop business; and
new text end

new text begin (8) an entity operating under a public-private partnership authorized by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Project evaluation. new text end

new text begin In developing and maintaining criteria to evaluate
applications, the commissioner must consult with the Minnesota Trucking Association and
any advisory committees on the freight transportation system established by the
commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Use of funds. new text end

new text begin (a) Financial assistance under the program may be used for:
new text end

new text begin (1) predesign, design, engineering, acquisition of land or permanent easements,
environmental analysis and remediation, construction, reconstruction, and maintenance of
truck parking facilities;
new text end

new text begin (2) construction and maintenance of truck parking information systems;
new text end

new text begin (3) construction and maintenance of bathroom facilities that serve truck parking facilities;
new text end

new text begin (4) installation and relocation of utilities necessary for additional truck parking capacity;
new text end

new text begin (5) local match for federal grants for truck safety, truck parking, and hydrogen or electric
truck fueling improvements; and
new text end

new text begin (6) truck parking studies.
new text end

new text begin (b) Financial assistance provided under the program from the bond proceeds fund may
only be expended on bond-eligible costs as determined by the commissioner of management
and budget. Financial assistance provided under the program from the bond proceeds account
in the trunk highway fund may only be expended on trunk highway bond-eligible costs as
determined by the commissioner of management and budget.
new text end

new text begin Subd. 7. new text end

new text begin Public information. new text end

new text begin The commissioner must publish information regarding
the program on the department's website. The information must include:
new text end

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

new text begin (2) identification of all projects considered in each project selection round; and
new text end

new text begin (3) a review of each selected project, with amounts and sources of funding.
new text end

Sec. 6. new text begin APPROPRIATION; COMMERCIAL DRIVER TRAINING ASSISTANCE
PROGRAM.
new text end

new text begin (a) $6,000,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of transportation for the commercial driver training assistance program under
Minnesota Statutes, section 171.45. This is a onetime appropriation and is available until
June 30, 2027.
new text end

new text begin (b) The commissioner may expend money in the driver and vehicle services technology
account in the special revenue fund for information systems purposes related to the
commercial driver training assistance program.
new text end

Sec. 7. new text begin APPROPRIATIONS; TRUCK PARKING IMPROVEMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation; general fund. new text end

new text begin $....... in fiscal year 2025 is appropriated
from the general fund to the commissioner of transportation for the truck parking
improvement program under Minnesota Statutes, section 174.68. This is a onetime
appropriation and is available until June 30, 2027.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation; general obligation bonds. new text end

new text begin $....... is appropriated from the
bond proceeds fund to the commissioner of transportation for the truck parking improvement
program under Minnesota Statutes, section 174.68.
new text end

new text begin Subd. 3. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in subdivision 2 from the bond
proceeds fund, the commissioner of management and budget must sell and issue bonds of
the state in an amount up to $....... in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7.
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. 8. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 7410.6180, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 24-06784

7410.6180 COMMERCIAL MOTOR VEHICLE TESTING PROGRAM.

A public, postsecondary educational institution or school as described in part 7410.6100 applying to be a third-party testing program for commercial motor vehicles shall offer a training course for commercial motor vehicle operation that consists of at least 180 hours of training.