1.1                          A bill for an act
  1.2             relating to transportation; modifying reimbursement 
  1.3             for expenses of displaced business following 
  1.4             condemnation; regulating certain operations of diesel 
  1.5             school buses; requiring commissioner of transportation 
  1.6             to utilize agriculture-based de-icing solutions; 
  1.7             allowing commissioner to acquire land to preserve 
  1.8             highway corridors; allowing advance funding for trunk 
  1.9             highway projects; modifying provisions governing road 
  1.10            inspections, first hauls, and weight allowances for 
  1.11            commercial motor vehicles; requiring that USDOT 
  1.12            numbers be reported to registrar of motor vehicles; 
  1.13            allowing limited use of highway shoulders by buses and 
  1.14            vanpools; regulating motorcycle parking; modifying 
  1.15            motor carrier provisions to reduce certain regulatory 
  1.16            obligations; increasing limit for funds that may be 
  1.17            transferred from state airports fund to hangar 
  1.18            construction revolving account; modifying budget 
  1.19            reduction of department of transportation construction 
  1.20            district 1; removing sunset provision relating to 
  1.21            determining city populations for state-aid street 
  1.22            purposes; exempting certain transportation-related 
  1.23            contracts from moratorium on state contracts for 
  1.24            professional or technical services; requiring 
  1.25            commissioner to retain Stillwater Bridge project in 
  1.26            transportation improvement program; requiring 
  1.27            commissioner to prepare new signal agreement in city 
  1.28            of Anoka; providing for resolution of dispute relating 
  1.29            to Camp Coldwater Springs; establishing highway 
  1.30            corridor-protection demonstration project; exempting 
  1.31            certain federal funds from statutory matching 
  1.32            requirements; requiring issuance of permit for bikeway 
  1.33            in Chanhassen; creating technical advisory group to 
  1.34            streamline environmental review process; providing for 
  1.35            joint venture for highway rest area between Brainerd 
  1.36            and Little Falls; making clarifying changes; providing 
  1.37            for fees; requiring reports; amending Minnesota 
  1.38            Statutes 2000, sections 161.20, subdivision 2; 
  1.39            161.361; 168.011, subdivision 17; 168.013, subdivision 
  1.40            3; 169.771, subdivisions 2, 3; 169.85, subdivisions 1, 
  1.41            2; 169.851, subdivision 3; 169.86, subdivision 5; 
  1.42            169.974, subdivision 5; 221.0252, subdivision 3; 
  1.43            221.0314, by adding a subdivision; 221.0355, 
  1.44            subdivisions 2, 3; 221.221, subdivision 4; 221.605, 
  1.45            subdivision 1; 360.305, subdivision 4; Minnesota 
  1.46            Statutes 2001 Supplement, sections 117.51; 161.162, 
  2.1             subdivision 2; 169.825, subdivision 11; 221.221, 
  2.2             subdivision 2; Laws 2001, First Special Session 
  2.3             chapter 8, article 1, section 8; Laws 2001, First 
  2.4             Special Session chapter 8, article 2, section 6; Laws 
  2.5             2002, chapter 220, article 10, section 37; proposing 
  2.6             coding for new law in Minnesota Statutes, chapters 
  2.7             123B; 161; 168; 169; 171; repealing Minnesota Statutes 
  2.8             2000, section 221.0313; Minnesota Statutes 2001 
  2.9             Supplement, section 161.362. 
  2.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.11     Section 1.  Minnesota Statutes 2001 Supplement, section 
  2.12  117.51, is amended to read: 
  2.13     117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
  2.14     In all acquisitions undertaken by any acquiring authority 
  2.15  and in all voluntary rehabilitation carried out by a person 
  2.16  pursuant to acquisition or as a consequence thereof, the 
  2.17  acquiring authority shall cooperate to the fullest extent with 
  2.18  federal departments and agencies, and it shall take all 
  2.19  necessary action in order to insure, to the maximum extent 
  2.20  possible, federal financial participation in any and all phases 
  2.21  of acquisition, including the provision of relocation 
  2.22  assistance, services, payments and benefits to displaced 
  2.23  persons.  An acquiring authority may consider reimbursing up to 
  2.24  $50,000 in relocation or reestablishment expenses of a displaced 
  2.25  business. 
  2.26     Sec. 2.  [123B.885] [DIESEL SCHOOL BUSES; OPERATION OF 
  2.27  ENGINE; PARKING.] 
  2.28     Subdivision 1.  [OPERATION OF ENGINE.] All operators of 
  2.29  diesel school buses must minimize, to the extent practical, the 
  2.30  idling of school bus engines and exposure of children to diesel 
  2.31  exhaust fumes. 
  2.32     Subd. 2.  [PARKING.] On and after July 1, 2003, diesel 
  2.33  school buses must be parked and loaded at sufficient distance 
  2.34  from school air-intake systems to avoid diesel fumes from being 
  2.35  drawn into the systems, unless, in the judgment of the school 
  2.36  board, alternative locations block traffic, impair student 
  2.37  safety, or are not cost effective. 
  2.38     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  2.39  161.162, subdivision 2, is amended to read: 
  2.40     Subd. 2.  [FINAL LAYOUT.] (a) "Final layout" means 
  3.1   geometric layouts and supplemental drawings that show the 
  3.2   location, character, dimensions, access, and explanatory 
  3.3   information about the highway construction or improvement work 
  3.4   being proposed.  "Final layout" includes, where applicable, 
  3.5   traffic lanes, shoulders, trails, intersections, signals, 
  3.6   bridges, approximate right-of-way limits, existing ground line 
  3.7   and proposed grade line of the highway, turn lanes, access 
  3.8   points and closures, sidewalks, speed zones proposed design 
  3.9   speed, noise walls, transit considerations, auxiliary lanes, 
  3.10  interchange locations, interchange types, sensitive areas, 
  3.11  existing right-of-way, traffic volume and turning movements, 
  3.12  location of stormwater drainage, location of municipal 
  3.13  utilities, project schedule and estimated cost, and the name of 
  3.14  the project manager. 
  3.15     (b) "Final layout" does not include a cost participation 
  3.16  agreement.  For purposes of this subdivision "cost participation 
  3.17  agreement" means a document signed by the commissioner and the 
  3.18  governing body of a municipality that states the costs of a 
  3.19  highway construction project that will be paid by the 
  3.20  municipality. 
  3.21     Sec. 4.  [161.168] [SNOW AND ICE CONTROL MATERIALS.] 
  3.22     Subdivision 1.  [USE OF AGRICULTURE-BASED DE-ICING 
  3.23  SOLUTION.] The commissioner of transportation shall use a 
  3.24  de-icing solution derived from agricultural products for snow 
  3.25  and ice control on trunk highways to the extent that the 
  3.26  commissioner determines is economically feasible, 
  3.27  environmentally beneficial, and consistent with public safety. 
  3.28     Subd. 2.  [EFFECT ON ENVIRONMENT.] The commissioner, in 
  3.29  determining which snow and ice control materials to use on trunk 
  3.30  highways, shall consider the effect of each type of material on 
  3.31  the environment and on the deterioration of bridges and other 
  3.32  structures. 
  3.33     Sec. 5.  Minnesota Statutes 2000, section 161.20, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION 
  3.36  OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The 
  4.1   commissioner is authorized to acquire by purchase, gift, or by 
  4.2   eminent domain proceedings as provided by law, in fee or such 
  4.3   lesser estate as the commissioner deems necessary, all lands and 
  4.4   properties necessary in preserving future trunk highway 
  4.5   corridors or in laying out, constructing, maintaining, and 
  4.6   improving the trunk highway system including recreational 
  4.7   vehicle lanes; to locate, construct, reconstruct, improve, and 
  4.8   maintain the trunk highway system; to purchase all road 
  4.9   material, machinery, tools, and supplies necessary for the 
  4.10  construction, maintenance, and improvement thereof; to construct 
  4.11  necessary buildings, or rent or acquire by purchase, gift, or 
  4.12  condemnation, grounds, and buildings necessary for the storing 
  4.13  and housing of such material, machinery, tools, and supplies or 
  4.14  necessary for office space for employees or for providing for 
  4.15  driver's license examinations; to maintain, repair, or remodel 
  4.16  such buildings as may be necessary; to acquire by purchase, 
  4.17  gift, or condemnation, replacement sites for historically 
  4.18  significant buildings or structures and to relocate these 
  4.19  buildings or structures onto those sites, reconstructing and 
  4.20  maintaining them until disposed of through public sale to the 
  4.21  highest responsible bidder; to make agreements with any county 
  4.22  for the relocation or reestablishment, by the county, of 
  4.23  section, quarter section, or meander corners originally 
  4.24  established by the United States, when such relocation or 
  4.25  reestablishment is necessary in order to write land acquisition 
  4.26  descriptions or by reason of the construction, reconstruction, 
  4.27  improvement, or maintenance of a trunk highway; to contract on 
  4.28  an equitable basis with railroad companies for the installation 
  4.29  and reinstallation of safety devices at trunk highway-railroad 
  4.30  grade crossings, and for the construction, reconstruction and 
  4.31  maintenance of bridges and approaches existing or necessary for 
  4.32  the separation of grades at railroad and trunk highway 
  4.33  intersections; and in carrying out duties, to let all necessary 
  4.34  contracts in the manner prescribed by law.  The commissioner may 
  4.35  make agreements with and cooperate with any governmental 
  4.36  authority for the purpose of effectuating the provisions of this 
  5.1   chapter. 
  5.2      Sec. 6.  Minnesota Statutes 2000, section 161.361, is 
  5.3   amended to read: 
  5.4      161.361 [ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS.] 
  5.5      Subdivision 1.  [ADVANCE FUNDING.] A road authority other 
  5.6   than the commissioner may by agreement with the commissioner 
  5.7   make advances from any available funds to the commissioner to 
  5.8   expedite construction of all or part of a trunk highway.  Money 
  5.9   may be advanced under this section only for projects already 
  5.10  included in the commissioner's ten-year highway work 
  5.11  program.  The total amount of annual repayment to road 
  5.12  authorities under this subdivision must never exceed $10,000,000.
  5.13     Subd. 1a.  [INTERREGIONAL CORRIDORS.] By agreement with the 
  5.14  commissioner, a road authority other than the commissioner or 
  5.15  two or more road authorities that have entered into a joint 
  5.16  powers agreement under section 471.59 may make advances from any 
  5.17  available funds to the commissioner to expedite development of 
  5.18  an interregional transportation corridor, including funds for 
  5.19  design consultants, for right-of-way purchases, for 
  5.20  construction, or for other related expenditures.  The total 
  5.21  amount of annual repayment to road authorities under this 
  5.22  subdivision must never exceed $10,000,000. 
  5.23     Subd. 1b.  [BOTTLENECKS.] By agreement with the 
  5.24  commissioner, a road authority other than the commissioner or 
  5.25  two or more road authorities that have entered into a joint 
  5.26  powers agreement under section 471.59 may make advances from any 
  5.27  available funds to the commissioner to expedite bottleneck 
  5.28  reduction, including funds for design consultants, for 
  5.29  right-of-way purchases, for construction, or for other related 
  5.30  expenditures.  The total amount of annual repayment to road 
  5.31  authorities under this subdivision must never exceed $10,000,000.
  5.32     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
  5.33  money, the commissioner shall repay without interest the 
  5.34  amount amounts advanced under subdivision 1 this section, up to 
  5.35  the state's share of project costs, at the time the project is 
  5.36  scheduled for completion in the highway work program.  The total 
  6.1   amount of annual repayment to road authorities under this 
  6.2   section must never exceed the amount stated in the department's 
  6.3   debt management policy or $10,000,000, whichever is less under 
  6.4   terms of the agreement.  The agreement may provide for payment 
  6.5   of interest for funds advanced under subdivisions 1a and 1b. The 
  6.6   maximum interest rate that may be paid is the rate earned by the 
  6.7   state on invested treasurer's cash for the month before the date 
  6.8   the agreement is executed or the actual interest paid by the 
  6.9   road authority in borrowing for the amount advanced, whichever 
  6.10  rate is less. 
  6.11     Sec. 7.  Minnesota Statutes 2000, section 168.011, 
  6.12  subdivision 17, is amended to read: 
  6.13     Subd. 17.  [FARM TRUCK.] (a) "Farm truck" means all single 
  6.14  unit trucks, truck-tractors, tractors, semitrailers, and 
  6.15  trailers used by the owner thereof to transport agricultural, 
  6.16  horticultural, dairy, and other farm products, including 
  6.17  livestock, produced or finished by the owner of the truck, and 
  6.18  any other personal property owned by the farmer to whom the 
  6.19  license for the truck is issued, from the farm to market, and to 
  6.20  transport property and supplies to the farm of the owner.  
  6.21  Trucks, truck-tractors, tractors, semitrailers, and trailers 
  6.22  registered as "farm trucks" may be used by the owner thereof to 
  6.23  occasionally transport unprocessed and raw farm products, not 
  6.24  produced by the owner of the truck, from the place of production 
  6.25  to market when the transportation constitutes the first haul of 
  6.26  the products, and may be used by the owner thereof, either 
  6.27  farmer or logger who harvests and hauls forest products only, to 
  6.28  transport logs, pulpwood, lumber, chips, railroad ties and other 
  6.29  raw and unfinished forest products from the place of production 
  6.30  to an intermediate or final assembly point or transfer yard or 
  6.31  railhead when the transportation constitutes, which 
  6.32  transportation may be continued by another farm truck to a place 
  6.33  for final processing or manufacture located within 200 miles of 
  6.34  the place of production and all of which is deemed to constitute 
  6.35  the first haul thereof, of unfinished wood products; provided 
  6.36  that the owner and operator of the vehicle transporting planed 
  7.1   lumber shall have in immediate possession a statement signed by 
  7.2   the producer of the lumber designating the governmental 
  7.3   subdivision, section, and township where the lumber was produced 
  7.4   and that this haul, indicating the date, is the first haul 
  7.5   thereof.  The licensed vehicles may also be used by the owner 
  7.6   thereof to transport, to and from timber-harvesting areas, 
  7.7   equipment and appurtenances incidental to timber harvesting, and 
  7.8   gravel and other road-building materials for timber haul roads. 
  7.9      (b) "Farm trucks" shall also include only single unit 
  7.10  trucks, which that, because of their construction, cannot be 
  7.11  used for any other purpose and are used exclusively to transport 
  7.12  milk and cream en route from a farm to an assembly point or 
  7.13  place for final manufacture, and for transporting milk and cream 
  7.14  from an assembly point to a place for final processing or 
  7.15  manufacture.  This section shall not be construed to mean that 
  7.16  the owner or operator of the truck cannot carry on usual 
  7.17  accommodation services for patrons on regular return trips, such 
  7.18  as butter, cream, cheese, and other dairy supplies. 
  7.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  7.20  following final enactment. 
  7.21     Sec. 8.  Minnesota Statutes 2000, section 168.013, 
  7.22  subdivision 3, is amended to read: 
  7.23     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
  7.24  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
  7.25  gross weight shall state the unloaded weight of the motor 
  7.26  vehicle, trailer, or semitrailer and the maximum load the 
  7.27  applicant proposes to carry thereon, the sum of which shall 
  7.28  constitute the gross weight upon which the license tax shall be 
  7.29  paid, but in no case shall the declared gross weight upon which 
  7.30  the tax is paid be less than 1-1/4 times the declared unloaded 
  7.31  weight of the motor vehicle, trailer, or semitrailer to be 
  7.32  registered, except recreational vehicles taxed under subdivision 
  7.33  1g, school buses taxed under subdivision 18, and tow trucks or 
  7.34  towing vehicles defined in section 169.01, subdivision 52.  The 
  7.35  gross weight of a tow truck or towing vehicle is the actual 
  7.36  weight of the tow truck or towing vehicle fully equipped, but 
  8.1   does not include the weight of a wrecked or disabled vehicle 
  8.2   towed or drawn by the tow truck or towing vehicle. 
  8.3      (b) The gross weight of no a motor vehicle, trailer, or 
  8.4   semitrailer shall not exceed the gross weight upon which the 
  8.5   license tax has been paid by more than four percent or 1,000 
  8.6   pounds, whichever is greater; provided that, a vehicle 
  8.7   transporting unfinished forest products in accordance with 
  8.8   paragraph (d)(3) shall not exceed its gross vehicle weight upon 
  8.9   which the license tax has been paid, or gross axle weight on any 
  8.10  axle, by more than five percent and, notwithstanding other law 
  8.11  to the contrary, is not subject to any fee, fine, or other 
  8.12  assessment or penalty for exceeding a gross vehicle or axle 
  8.13  weight by up to five percent. 
  8.14     (c) The gross weight of the motor vehicle, trailer, or 
  8.15  semitrailer for which the license tax is paid shall be indicated 
  8.16  by a distinctive character on the license plate or plates except 
  8.17  as provided in subdivision 12 and the plate or plates shall be 
  8.18  kept clean and clearly visible at all times. 
  8.19     (d) The owner, driver, or user of a motor vehicle, trailer, 
  8.20  or semitrailer, upon conviction for transporting a gross weight 
  8.21  in excess of the gross weight for which it was registered or for 
  8.22  operating a vehicle with an axle weight exceeding the maximum 
  8.23  lawful axle load weight, shall be guilty of a misdemeanor and be 
  8.24  subject to increased registration or reregistration according to 
  8.25  the following schedule: 
  8.26     (1) The owner, driver, or user of a motor vehicle, trailer, 
  8.27  or semitrailer, upon conviction for transporting a gross weight 
  8.28  in excess of the gross weight for which it is registered by more 
  8.29  than four percent or 1,000 pounds, whichever is greater, the 
  8.30  allowance set forth in paragraph (b) but less than 25 percent or 
  8.31  for operating or using a motor vehicle, trailer, or semitrailer 
  8.32  with an axle weight exceeding the maximum lawful axle load as 
  8.33  provided in section 169.825 by more than four percent or 1,000 
  8.34  pounds, whichever is greater, the allowance set forth in 
  8.35  paragraph (b) but less than 25 percent, in addition to any 
  8.36  penalty imposed for the misdemeanor shall apply to the registrar 
  9.1   to increase the authorized gross weight to be carried on the 
  9.2   vehicle to a weight equal to or greater than the gross weight 
  9.3   the owner, driver, or user was convicted of carrying, the 
  9.4   increase computed for the balance of the calendar year on the 
  9.5   basis of 1/12 of the annual tax for each month remaining in the 
  9.6   calendar year beginning with the first day of the month in which 
  9.7   the violation occurred.  If the additional registration tax 
  9.8   computed upon that weight, plus the tax already paid, amounts to 
  9.9   more than the regular tax for the maximum gross weight permitted 
  9.10  for the vehicle under section 169.825, that additional amount 
  9.11  shall nevertheless be paid into the highway fund, but the 
  9.12  additional tax thus paid shall not permit the vehicle to be 
  9.13  operated with a gross weight in excess of the maximum legal 
  9.14  weight as provided by section 169.825.  Unless the owner within 
  9.15  30 days after a conviction shall apply to increase the 
  9.16  authorized weight and pay the additional tax as provided in this 
  9.17  section, the registrar shall revoke the registration on the 
  9.18  vehicle and demand the return of the registration card and 
  9.19  plates issued on that registration. 
  9.20     (2) The owner or driver or user of a motor vehicle, 
  9.21  trailer, or semitrailer upon conviction for transporting a gross 
  9.22  weight in excess of the gross weight for which the motor 
  9.23  vehicle, trailer, or semitrailer was registered by 25 percent or 
  9.24  more, or for operating or using a vehicle or trailer with an 
  9.25  axle weight exceeding the maximum lawful axle load as provided 
  9.26  in section 169.825 by 25 percent or more, in addition to any 
  9.27  penalty imposed for the misdemeanor, shall have the reciprocity 
  9.28  privileges on the vehicle involved if the vehicle is being 
  9.29  operated under reciprocity canceled by the registrar, or if the 
  9.30  vehicle is not being operated under reciprocity, the certificate 
  9.31  of registration on the vehicle operated shall be canceled by the 
  9.32  registrar and the registrar shall demand the return of the 
  9.33  registration certificate and registration plates.  The registrar 
  9.34  may not cancel the registration or reciprocity privileges for 
  9.35  any vehicle found in violation of seasonal load restrictions 
  9.36  imposed under section 169.87 unless the axle weight exceeds the 
 10.1   year-round weight limit for the highway on which the violation 
 10.2   occurred.  The registrar may investigate any allegation of gross 
 10.3   weight violations and demand that the operator show cause why 
 10.4   all future operating privileges in the state should not be 
 10.5   revoked unless the additional tax assessed is paid. 
 10.6      (3) Clause (1) does not apply to the first haul of 
 10.7   unprocessed or raw farm products or unfinished forest products, 
 10.8   when the registered gross weight is not exceeded by more than 
 10.9   ten percent.  For purposes of this clause, "first haul" means 
 10.10  (i) the first, continuous transportation of unprocessed or raw 
 10.11  farm products from the place of production or on-farm storage 
 10.12  site to any other location within 50 miles of the place of 
 10.13  production or on-farm storage site, or (ii) the first, 
 10.14  continuous or noncontinuous transportation of unfinished forest 
 10.15  products from the place of production to the place of first 
 10.16  unloading final processing or manufacture located within 200 
 10.17  miles of the place of production. 
 10.18     (4) When the registration on a motor vehicle, trailer, or 
 10.19  semitrailer is revoked by the registrar according to provisions 
 10.20  of this section, the vehicle shall not be operated on the 
 10.21  highways of the state until it is registered or reregistered, as 
 10.22  the case may be, and new plates issued, and the registration fee 
 10.23  shall be the annual tax for the total gross weight of the 
 10.24  vehicle at the time of violation.  The reregistration pursuant 
 10.25  to this subdivision of any vehicle operating under reciprocity 
 10.26  agreements pursuant to section 168.181 or 168.187 shall be at 
 10.27  the full annual registration fee without regard to the 
 10.28  percentage of vehicle miles traveled in this state.  
 10.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 10.30  following final enactment. 
 10.31     Sec. 9.  [168.185] [USDOT NUMBERS.] 
 10.32     (a) An owner of a truck or truck tractor having a gross 
 10.33  vehicle weight of more than 10,000 pounds, as defined in section 
 10.34  169.01, subdivision 46, other than a farm truck, shall report to 
 10.35  the registrar at the time of registration its USDOT carrier 
 10.36  number.  A person subject to this paragraph who does not have a 
 11.1   USDOT number shall apply for the number at the time of 
 11.2   registration by completing a form MCS-150 Motor Carrier 
 11.3   Identification Report, issued by the Federal Motor Carrier 
 11.4   Safety Administration, or comparable document as determined by 
 11.5   the registrar. 
 11.6      (b) Assigned USDOT numbers need not be displayed on the 
 11.7   outside of the vehicle, but must be made available upon request 
 11.8   of an authorized agent of the registrar, peace officer, other 
 11.9   employees of the state patrol authorized in chapter 299D, or 
 11.10  employees of the Minnesota department of transportation.  The 
 11.11  vehicle owner shall notify the registrar if there is a change to 
 11.12  the owner's USDOT number. 
 11.13     (c) If an owner fails to report or apply for a USDOT 
 11.14  number, the registrar shall suspend the owner's registration. 
 11.15     (d) Until October 1, 2003, paragraphs (a) to (c) do not 
 11.16  apply to an agricultural fertilizer or agricultural chemical 
 11.17  retailer while exclusively engaged in delivering fertilizer or 
 11.18  agricultural chemicals to a farmer for on-farm use.  
 11.19     Sec. 10.  [169.306] [USE OF SHOULDERS BY BUSES.] 
 11.20     If the commissioner of transportation permits the use by 
 11.21  transit buses of a shoulder of a freeway or expressway, as 
 11.22  defined in section 160.02, in the seven-county metropolitan 
 11.23  area, the commissioner shall permit the use on that shoulder of 
 11.24  a bus with a seating capacity of 40 passengers or more operated 
 11.25  by a motor carrier of passengers, as defined in section 221.011, 
 11.26  subdivision 48, while operating in intrastate commerce. 
 11.27     Buses authorized to use the shoulder under this section may 
 11.28  be operated on the shoulder only when main line traffic speeds 
 11.29  are less than 35 miles per hour.  Drivers of buses being 
 11.30  operated on the shoulder, may not exceed the speed of main line 
 11.31  traffic by more than 15 miles per hour and may never exceed 35 
 11.32  miles per hour.  Drivers of buses being operated on the shoulder 
 11.33  must yield to merging, entering, and exiting traffic and must 
 11.34  yield to other vehicles on the shoulder.  Buses operated on the 
 11.35  shoulder must be registered with the department of 
 11.36  transportation.  
 12.1      Sec. 11.  Minnesota Statutes 2000, section 169.771, 
 12.2   subdivision 2, is amended to read: 
 12.3      Subd. 2.  [INSPECTION BY STATE TROOPER.] (a) The 
 12.4   commissioner of public safety is directed to accelerate spot 
 12.5   check inspections for unsafe motor vehicles and motor vehicle 
 12.6   equipment.  Such inspections shall be conducted by the personnel 
 12.7   of the state patrol who shall give the operator of a commercial 
 12.8   motor vehicle a signed and dated document as evidence of the 
 12.9   inspection.  
 12.10     (b) However, personnel of the state patrol may not conduct 
 12.11  another spot inspection of a commercial motor vehicle if (1) the 
 12.12  operator of the vehicle can show evidence of an inspection, 
 12.13  which is free of critical defects, conducted in Minnesota 
 12.14  according to this section within the previous 90 days and (2) a 
 12.15  state trooper does not have probable cause to believe the 
 12.16  vehicle or its equipment is unsafe or that the operator has 
 12.17  engaged in illegal activity.  In addition, if the operator shows 
 12.18  the state trooper evidence that the commercial motor vehicle has 
 12.19  been inspected within the previous 90 days, but the officer has 
 12.20  probable cause to believe the vehicle or its equipment is unsafe 
 12.21  or to suspect illegal activity, then the vehicle may be 
 12.22  inspected to confirm the existence or absence of an unsafe 
 12.23  condition or of the suspected illegal activity.  
 12.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 12.25  following final enactment. 
 12.26     Sec. 12.  Minnesota Statutes 2000, section 169.771, 
 12.27  subdivision 3, is amended to read: 
 12.28     Subd. 3.  [RULES.] The commissioner of public safety may 
 12.29  establish such reasonable rules as are necessary to carry out 
 12.30  the provisions of this section, but all spot check inspections 
 12.31  shall be held in compliance with subdivision 2 and in such a 
 12.32  manner that the motor vehicle operators, either private or 
 12.33  commercial, shall not be unnecessarily inconvenienced either by 
 12.34  extended detours, unnecessary delays, or any other unreasonable 
 12.35  cause.  
 12.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 13.1   following final enactment. 
 13.2      Sec. 13.  Minnesota Statutes 2001 Supplement, section 
 13.3   169.825, subdivision 11, is amended to read: 
 13.4      Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
 13.5   limitations provided in this section are increased:  
 13.6      (1) by ten percent between the dates set by the 
 13.7   commissioner based on a freezing index model each winter, 
 13.8   statewide; 
 13.9      (2) by ten percent between the dates set by the 
 13.10  commissioner based on a freezing index model each winter, in the 
 13.11  zone bounded as follows:  beginning at Pigeon River in the 
 13.12  northeast corner of Minnesota; thence in a southwesterly 
 13.13  direction along the north shore of Lake Superior along trunk 
 13.14  highway No. 61 to the northeastern city limits of Duluth; thence 
 13.15  along the eastern and southern city limits of Duluth to the 
 13.16  junction with trunk highway No. 210; thence westerly along trunk 
 13.17  highway No. 210 to the junction with trunk highway No. 10; 
 13.18  thence northwesterly along trunk highway No. 10 to the 
 13.19  Minnesota-North Dakota border; thence northerly along that 
 13.20  border to the Minnesota-Canadian Border; thence easterly along 
 13.21  said Border to Lake Superior; and 
 13.22     (3) by ten percent from the beginning of harvest to 
 13.23  November 30 each year for the movement of sugar beets, carrots, 
 13.24  and potatoes from the field of harvest to the point of the first 
 13.25  unloading.  Transfer of the product from a farm vehicle or small 
 13.26  farm trailer, within the meaning of chapter 168, to another 
 13.27  vehicle is not considered to be the first unloading.  The 
 13.28  commissioner shall not issue permits under this clause if to do 
 13.29  so will result in a loss of federal highway funding to the state.
 13.30     (b) The duration of a ten percent increase in load limits 
 13.31  is subject to limitation by order of the commissioner, subject 
 13.32  to implementation of springtime load restrictions.  
 13.33     (c) When the ten percent increase is in effect, a permit is 
 13.34  required for a motor vehicle, trailer, or semitrailer 
 13.35  combination that has a gross weight in excess of 80,000 pounds, 
 13.36  an axle group weight in excess of that prescribed in subdivision 
 14.1   10, or a single axle weight in excess of 20,000 pounds and which 
 14.2   travels on interstate routes.  
 14.3      (d) In cases where gross weights in an amount less than 
 14.4   that set forth in this section are fixed, limited, or restricted 
 14.5   on a highway or bridge by or under another section of this 
 14.6   chapter, the lesser gross weight as fixed, limited, or 
 14.7   restricted may not be exceeded and must control instead of the 
 14.8   gross weights set forth in this section.  
 14.9      (e) Notwithstanding any other provision of this 
 14.10  subdivision, no vehicle may exceed a total gross vehicle weight 
 14.11  of 80,000 pounds on routes which have not been designated by the 
 14.12  commissioner under section 169.832, subdivision 11. 
 14.13     (f) The commissioner may, after determining the ability of 
 14.14  the highway structure and frost condition to support additional 
 14.15  loads, grant a permit extending seasonal increases for vehicles 
 14.16  using portions of routes falling within two miles of the 
 14.17  southern boundary of the zone described under paragraph (a), 
 14.18  clause (2). 
 14.19     Sec. 14.  Minnesota Statutes 2000, section 169.85, 
 14.20  subdivision 1, is amended to read: 
 14.21     Subdivision 1.  [DRIVER TO STOP FOR WEIGHING.] (a) The 
 14.22  driver of a vehicle which that has been lawfully stopped may be 
 14.23  required by an officer to submit the vehicle and load to a 
 14.24  weighing by means of portable or stationary scales, and.  
 14.25     (b) In addition, the officer may require that the vehicle 
 14.26  be driven to the nearest available scales, but only if: 
 14.27     (1) the distance to the scales is no further than five 
 14.28  miles, or if the distance from the point where the vehicle is 
 14.29  stopped to the vehicle's destination is not increased by more 
 14.30  than ten miles as a result of proceeding to the nearest 
 14.31  available scales; and 
 14.32     (2) if the vehicle is a commercial motor vehicle, no more 
 14.33  than two other commercial motor vehicles are waiting to be 
 14.34  inspected at the scale.  
 14.35     (c) Official traffic control devices as authorized by 
 14.36  section 169.06 may be used to direct the driver to the nearest 
 15.1   scale.  
 15.2      (d) When a truck weight enforcement operation is conducted 
 15.3   by means of portable or stationary scales and signs giving 
 15.4   notice of the operation are posted within the highway 
 15.5   right-of-way and adjacent to the roadway within two miles of the 
 15.6   operation, the driver of a truck or combination of vehicles 
 15.7   registered for or weighing in excess of 12,000 pounds shall 
 15.8   proceed to the scale site and submit the vehicle to weighing and 
 15.9   inspection. 
 15.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.11  following final enactment. 
 15.12     Sec. 15.  Minnesota Statutes 2000, section 169.85, 
 15.13  subdivision 2, is amended to read: 
 15.14     Subd. 2.  [UNLOADING.] (a) Upon weighing a vehicle and 
 15.15  load, as provided in this section, an officer may require the 
 15.16  driver to stop the vehicle in a suitable place and remain 
 15.17  standing until a portion of the load is removed that is 
 15.18  sufficient to reduce the gross weight of the vehicle to the 
 15.19  limit permitted under either section 168.013, subdivision 3, 
 15.20  paragraph (b), or 169.825, whichever is the lesser violation, if 
 15.21  any.  A suitable place is a location where loading or tampering 
 15.22  with the load is not prohibited by federal, state, or local law, 
 15.23  rule, or ordinance.  
 15.24     (b) Except as provided in paragraph (c), a driver may be 
 15.25  required to unload a vehicle only if the weighing officer 
 15.26  determines that (a) (1) on routes subject to the provisions of 
 15.27  section 169.825, the weight on an axle exceeds the lawful gross 
 15.28  weight prescribed by section 169.825, by 2,000 pounds or more, 
 15.29  or the weight on a group of two or more consecutive axles in 
 15.30  cases where the distance between the centers of the first and 
 15.31  last axles of the group under consideration is ten feet or less 
 15.32  exceeds the lawful gross weight prescribed by section 169.825, 
 15.33  by 4,000 pounds or more; or (b) (2) on routes designated by the 
 15.34  commissioner in section 169.832, subdivision 11, the overall 
 15.35  weight of the vehicle or the weight on an axle or group of 
 15.36  consecutive axles exceeds the maximum lawful gross weights 
 16.1   prescribed by section 169.825; or (c) (3) the weight is unlawful 
 16.2   on an axle or group of consecutive axles on a road restricted in 
 16.3   accordance with section 169.87.  Material unloaded must be cared 
 16.4   for by the owner or driver of the vehicle at the risk of the 
 16.5   owner or driver. 
 16.6      (c) If the gross weight of the vehicle does not exceed the 
 16.7   vehicle's registered gross weight plus the weight allowance set 
 16.8   forth in section 168.013, subdivision 3, paragraph (b), then the 
 16.9   vehicle is deemed to be not in violation under paragraph (b).  
 16.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 16.11  following final enactment. 
 16.12     Sec. 16.  Minnesota Statutes 2000, section 169.851, 
 16.13  subdivision 3, is amended to read: 
 16.14     Subd. 3.  [FIRST HAUL.] "First haul" means the first, 
 16.15  continuous transportation from the place of production or on 
 16.16  farm storage site to any other location within 50 miles of the 
 16.17  place of production or on farm storage site has the meaning 
 16.18  given it in section 168.013, subdivision 3, paragraph (d)(3).  
 16.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 16.20  following final enactment. 
 16.21     Sec. 17.  Minnesota Statutes 2000, section 169.86, 
 16.22  subdivision 5, is amended to read: 
 16.23     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 16.24  commissioner, with respect to highways under the commissioner's 
 16.25  jurisdiction, may charge a fee for each permit issued.  All such 
 16.26  fees for permits issued by the commissioner of transportation 
 16.27  shall be deposited in the state treasury and credited to the 
 16.28  trunk highway fund.  Except for those annual permits for which 
 16.29  the permit fees are specified elsewhere in this chapter, the 
 16.30  fees shall be: 
 16.31     (a) $15 for each single trip permit. 
 16.32     (b) $36 for each job permit.  A job permit may be issued 
 16.33  for like loads carried on a specific route for a period not to 
 16.34  exceed two months.  "Like loads" means loads of the same 
 16.35  product, weight, and dimension. 
 16.36     (c) $60 for an annual permit to be issued for a period not 
 17.1   to exceed 12 consecutive months.  Annual permits may be issued 
 17.2   for: 
 17.3      (1) motor vehicles used to alleviate a temporary crisis 
 17.4   adversely affecting the safety or well-being of the public; 
 17.5      (2) motor vehicles which travel on interstate highways and 
 17.6   carry loads authorized under subdivision 1a; 
 17.7      (3) motor vehicles operating with gross weights authorized 
 17.8   under section 169.825, subdivision 11, paragraph (a), clause 
 17.9   (3); 
 17.10     (4) special pulpwood vehicles described in section 169.863; 
 17.11  and 
 17.12     (5) motor vehicles bearing snowplow blades not exceeding 
 17.13  ten feet in width; and 
 17.14     (6) noncommercial transportation of a boat by the owner or 
 17.15  user of the boat. 
 17.16     (d) $120 for an oversize annual permit to be issued for a 
 17.17  period not to exceed 12 consecutive months.  Annual permits may 
 17.18  be issued for:  
 17.19     (1) mobile cranes; 
 17.20     (2) construction equipment, machinery, and supplies; 
 17.21     (3) manufactured homes; 
 17.22     (4) implements of husbandry when the movement is not made 
 17.23  according to the provisions of paragraph (i); 
 17.24     (5) double-deck buses; 
 17.25     (6) commercial boat hauling.  
 17.26     (e) For vehicles which have axle weights exceeding the 
 17.27  weight limitations of section 169.825, an additional cost added 
 17.28  to the fees listed above.  However, this paragraph applies to 
 17.29  any vehicle described in section 168.013, subdivision 3, 
 17.30  paragraph (b), but only when the vehicle exceeds its gross 
 17.31  weight allowance set forth in that paragraph, and then the 
 17.32  additional cost is for all weight, including the allowance 
 17.33  weight, in excess of the permitted maximum axle weight.  The 
 17.34  additional cost is equal to the product of the distance traveled 
 17.35  times the sum of the overweight axle group cost factors shown in 
 17.36  the following chart:  
 18.1                  Overweight Axle Group Cost Factors 
 18.2   Weight (pounds)         Cost Per Mile For Each Group Of:
 18.3   exceeding       Two consec-     Three consec-   Four consec-
 18.4   weight          utive axles     utive axles     utive axles
 18.5   limitations     spaced within   spaced within   spaced within
 18.6   on axles        8 feet or less  9 feet or less  14 feet or less 
 18.7        0-2,000    .12             .05             .04
 18.8    2,001-4,000    .14             .06             .05
 18.9    4,001-6,000    .18             .07             .06
 18.10   6,001-8,000    .21             .09             .07
 18.11   8,001-10,000   .26             .10             .08
 18.12  10,001-12,000   .30             .12             .09
 18.13  12,001-14,000   Not permitted   .14             .11
 18.14  14,001-16,000   Not permitted   .17             .12
 18.15  16,001-18,000   Not permitted   .19             .15
 18.16  18,001-20,000   Not permitted   Not permitted   .16
 18.17  20,001-22,000   Not permitted   Not permitted   .20
 18.18  The amounts added are rounded to the nearest cent for each axle 
 18.19  or axle group.  The additional cost does not apply to paragraph 
 18.20  (c), clauses (1) and (3).  
 18.21  For a vehicle found to exceed the appropriate maximum permitted 
 18.22  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 18.23  a ton, over the permitted maximum weight is imposed in addition 
 18.24  to the normal permit fee.  Miles must be calculated based on the 
 18.25  distance already traveled in the state plus the distance from 
 18.26  the point of detection to a transportation loading site or 
 18.27  unloading site within the state or to the point of exit from the 
 18.28  state. 
 18.29     (f) As an alternative to paragraph (e), an annual permit 
 18.30  may be issued for overweight, or oversize and overweight, 
 18.31  construction equipment, machinery, and supplies.  The fees for 
 18.32  the permit are as follows:  
 18.33  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 18.34       90,000 or less                             $200
 18.35       90,001 - 100,000                           $300
 18.36      100,001 - 110,000                           $400
 19.1       110,001 - 120,000                           $500
 19.2       120,001 - 130,000                           $600
 19.3       130,001 - 140,000                           $700
 19.4       140,001 - 145,000                           $800
 19.5   If the gross weight of the vehicle is more than 145,000 pounds 
 19.6   the permit fee is determined under paragraph (e). 
 19.7      (g) For vehicles which exceed the width limitations set 
 19.8   forth in section 169.80 by more than 72 inches, an additional 
 19.9   cost equal to $120 added to the amount in paragraph (a) when the 
 19.10  permit is issued while seasonal load restrictions pursuant to 
 19.11  section 169.87 are in effect. 
 19.12     (h) $85 for an annual permit to be issued for a period not 
 19.13  to exceed 12 months, for refuse compactor vehicles that carry a 
 19.14  gross weight of not more than:  22,000 pounds on a single rear 
 19.15  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 19.16  section 169.825, subdivision 14, 46,000 pounds on a tridem rear 
 19.17  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 19.18  axle must limit the gross vehicle weight to not more than 62,000 
 19.19  pounds. 
 19.20     (i) For vehicles exclusively transporting implements of 
 19.21  husbandry, an annual permit fee of $24.  A vehicle operated 
 19.22  under a permit authorized by this paragraph may be moved at the 
 19.23  discretion of the permit holder without prior route approval by 
 19.24  the commissioner if: 
 19.25     (1) the total width of the transporting vehicle, including 
 19.26  load, does not exceed 14 feet; 
 19.27     (2) the vehicle is operated only between sunrise and 30 
 19.28  minutes after sunset, and is not operated at any time after 
 19.29  12:00 noon on Sundays or holidays; 
 19.30     (3) the vehicle is not operated when visibility is impaired 
 19.31  by weather, fog, or other conditions that render persons and 
 19.32  other vehicles not clearly visible at 500 feet; 
 19.33     (4) the vehicle displays at the front and rear of the load 
 19.34  or vehicle a pair of flashing amber lights, as provided in 
 19.35  section 169.59, subdivision 4, whenever the overall width of the 
 19.36  vehicle exceeds 126 inches; and 
 20.1      (5) the vehicle is not operated on a trunk highway with a 
 20.2   surfaced roadway width of less than 24 feet unless such 
 20.3   operation is authorized by the permit. 
 20.4   A permit under this paragraph authorizes movements of the 
 20.5   permitted vehicle on an interstate highway, and movements of 75 
 20.6   miles or more on other highways. 
 20.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 20.8   following final enactment. 
 20.9      Sec. 18.  Minnesota Statutes 2000, section 169.974, 
 20.10  subdivision 5, is amended to read: 
 20.11     Subd. 5.  [DRIVING RULES.] (a) An operator of a motorcycle 
 20.12  shall ride only upon a permanent and regular seat which is 
 20.13  attached to the vehicle for that purpose.  No other person shall 
 20.14  ride on a motorcycle; except that passengers may ride upon a 
 20.15  permanent and regular operator's seat if designed for two 
 20.16  persons, or upon additional seats attached to the vehicle to the 
 20.17  rear of the operator's seat, or in a sidecar attached to the 
 20.18  vehicle; provided, however, that the operator of a motorcycle 
 20.19  shall not carry passengers in a number in excess of the designed 
 20.20  capacity of the motorcycle or sidecar attached to it.  No 
 20.21  passenger shall be carried in a position that will interfere 
 20.22  with the safe operation of the motorcycle or the view of the 
 20.23  operator. 
 20.24     (b) No person shall ride upon a motorcycle as a passenger 
 20.25  unless, when sitting astride the seat, the person can reach the 
 20.26  foot rests with both feet. 
 20.27     (c) No person, except passengers of sidecars or drivers and 
 20.28  passengers of three-wheeled motorcycles, shall operate or ride 
 20.29  upon a motorcycle except while sitting astride the seat, facing 
 20.30  forward, with one leg on either side of the motorcycle. 
 20.31     (d) No person shall operate a motorcycle while carrying 
 20.32  animals, packages, bundles, or other cargo which prevent the 
 20.33  person from keeping both hands on the handlebars. 
 20.34     (e) No person shall operate a motorcycle between lanes of 
 20.35  moving or stationary vehicles headed in the same direction, nor 
 20.36  shall any person drive a motorcycle abreast of or overtake or 
 21.1   pass another vehicle within the same traffic lane, except that 
 21.2   motorcycles may, with the consent of both drivers, be operated 
 21.3   not more than two abreast in a single traffic lane. 
 21.4      (f) Motor vehicles including motorcycles are entitled to 
 21.5   the full use of a traffic lane and no motor vehicle may be 
 21.6   driven or operated in a manner so as to deprive a motorcycle of 
 21.7   the full use of a traffic lane. 
 21.8      (g) A person operating a motorcycle upon a roadway must be 
 21.9   granted the rights and is subject to the duties applicable to a 
 21.10  motor vehicle as provided by law, except as to those provisions 
 21.11  which by their nature can have no application. 
 21.12     (h) Paragraph (e) of this subdivision does not apply to 
 21.13  police officers in the performance of their official duties. 
 21.14     (i) No person shall operate a motorcycle on a street or 
 21.15  highway unless the headlight or headlights are lighted at all 
 21.16  times the motorcycle is so operated. 
 21.17     (j) A person parking a motorcycle on the roadway of a 
 21.18  street or highway must: 
 21.19     (1) if parking in a marked parking space, park the 
 21.20  motorcycle completely within the marked space; and 
 21.21     (2) park the motorcycle in such a way that the front of the 
 21.22  motorcycle is pointed or angled toward the nearest lane of 
 21.23  traffic to the extent practicable and necessary to allow the 
 21.24  operator to (i) view any traffic in both directions of the 
 21.25  street or highway without having to move the motorcycle into a 
 21.26  lane of traffic and without losing balance or control of the 
 21.27  motorcycle, and (ii) ride the motorcycle forward and directly 
 21.28  into a lane of traffic when the lane is sufficiently clear of 
 21.29  traffic. 
 21.30     Sec. 19.  [171.3216] [ACTIONS ON SCHOOL BUS ENDORSEMENT.] 
 21.31     In addition to any authority granted under section 
 21.32  171.3215, the commissioner may cancel a school bus driver's 
 21.33  endorsement on a driver's license of any person if the 
 21.34  commissioner determines that the person has (1) been convicted 
 21.35  of a gross misdemeanor that the commissioner determines shows 
 21.36  evidence that the person represents a risk to public safety, or 
 22.1   (2) been convicted of a series of violations of law that the 
 22.2   commissioner determines shows evidence that the person 
 22.3   represents a risk to public safety.  Upon canceling the 
 22.4   offender's school bus driver endorsement, the commissioner shall 
 22.5   immediately notify the offender of the cancellation in writing, 
 22.6   by depositing in the United States Post Office a notice, with 
 22.7   postage prepaid, to the offender addressed to the offender's 
 22.8   last known address. 
 22.9      Sec. 20.  Minnesota Statutes 2000, section 221.0252, 
 22.10  subdivision 3, is amended to read: 
 22.11     Subd. 3.  [AUDIT; INSPECTION.] (a) Within 90 days of 
 22.12  issuing a new certificate of registration to a carrier under 
 22.13  this section, and before issuing an annual renewal of a 
 22.14  certificate of registration, the commissioner shall: 
 22.15     (1) conduct an audit of the carrier's records; 
 22.16     (2) inspect the vehicles the carrier uses in its motor 
 22.17  carrier operation to determine if they comply with the federal 
 22.18  regulations incorporated in section 221.0314 or accept for 
 22.19  filing proof that a complete vehicle inspection was conducted 
 22.20  within the previous one year by a commercial vehicle inspector 
 22.21  of the department of public safety or an inspector certified by 
 22.22  the commissioner of public safety under section 169.781; 
 22.23     (3) verify that the carrier has a designated office in 
 22.24  Minnesota where the books and files necessary to conduct 
 22.25  business and the records required by this chapter are kept and 
 22.26  shall be made available for inspection by the commissioner; 
 22.27     (4) audit the carrier's drivers' criminal background and 
 22.28  safety records; and 
 22.29     (5) verify compliance with the insurance requirements of 
 22.30  section 221.141. 
 22.31     (b) To streamline the audit process and to reduce the 
 22.32  regulatory burden on carriers, the commissioner may reduce the 
 22.33  number of vehicle inspections and records audited under 
 22.34  paragraph (a) if the commissioner has sufficient information 
 22.35  from federal and state motor carrier safety data about a 
 22.36  carrier's operations to determine a carrier's safety fitness as 
 23.1   described in Code of Federal Regulations, title 49, section 
 23.2   385.7.  At a minimum, the commissioner must conduct the record 
 23.3   audit in paragraph (a) once in four years. 
 23.4      (c) The commissioner and the commissioner of public safety 
 23.5   shall, through an interagency agreement, coordinate vehicle 
 23.6   inspection activities to avoid duplication of annual vehicle 
 23.7   inspections to minimize the burden of compliance on carriers and 
 23.8   to maximize the efficient use of state resources. 
 23.9      Sec. 21.  Minnesota Statutes 2000, section 221.0314, is 
 23.10  amended by adding a subdivision to read: 
 23.11     Subd. 3b.  [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 
 23.12  subdivisions 3 and 3a, a Minnesota intrastate waiver is not 
 23.13  required in Minnesota intrastate commerce if that person holds a 
 23.14  valid interstate waiver or comparable document for physical 
 23.15  qualifications described in Code of Federal Regulations, title 
 23.16  49, section 391.41. 
 23.17     Sec. 22.  Minnesota Statutes 2000, section 221.0355, 
 23.18  subdivision 2, is amended to read: 
 23.19     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
 23.20  following words and phrases have the meanings given them in this 
 23.21  subdivision: 
 23.22     (a) "Base state" means the state selected by a carrier 
 23.23  according to the procedures established by the uniform program. 
 23.24     (b) "Base state agreement" means the agreement between 
 23.25  participating states electing to register or permit carriers of 
 23.26  hazardous material or hazardous waste. 
 23.27     (c) "Carrier" means a person who operates a motor vehicle 
 23.28  used to transport hazardous material or hazardous waste. 
 23.29     (d) "Designated hazardous material" means a hazardous 
 23.30  material described in Code of Federal Regulations, title 49, 
 23.31  section 107.601, which is incorporated by reference. 
 23.32     (e) "Hazardous material" means: 
 23.33     (1) a hazardous material when the hazardous material is of 
 23.34  a type or in a quantity that requires the transport vehicle to 
 23.35  be placarded in accordance with Code of Federal Regulations, 
 23.36  title 49, part 172; or 
 24.1      (2) a hazardous substance or marine pollutant when 
 24.2   transported in bulk packaging as defined in Code of Federal 
 24.3   Regulations, title 49, section 171.8, which is incorporated by 
 24.4   reference. 
 24.5      (f) "Hazardous material transportation" means the 
 24.6   transportation of hazardous material or hazardous waste, or 
 24.7   both, on the public highways. 
 24.8      (g) "Hazardous waste" means hazardous waste of a type and 
 24.9   amount that requires the shipment to be accompanied by a uniform 
 24.10  hazardous waste manifest described in Code of Federal 
 24.11  Regulations, title 40, part 262, including state-designated 
 24.12  hazardous wastes when a list of state-designated hazardous 
 24.13  wastes has been filed by the state with the national repository 
 24.14  under the uniform program. 
 24.15     (h) "Participating state" means a state electing to 
 24.16  participate in the uniform program by entering a base state 
 24.17  agreement. 
 24.18     (i) "Person" means an individual, firm, copartnership, 
 24.19  cooperative, company, association, limited liability company, 
 24.20  corporation, or public entity. 
 24.21     (j) "Public entity" means a carrier who is a federal or 
 24.22  state agency or political subdivision. 
 24.23     (k) "Shipper" means a person who offers a designated 
 24.24  hazardous material to another person for shipment or who causes 
 24.25  a designated hazardous material to be transported or shipped by 
 24.26  another person. 
 24.27     (l) "Uniform application" means the uniform motor carrier 
 24.28  registration and permit application form established under the 
 24.29  uniform program. 
 24.30     (m) "Uniform program" means the Uniform State Hazardous 
 24.31  Materials Transportation Motor Carrier Registration and Permit 
 24.32  Program established in the report submitted to the secretary of 
 24.33  transportation pursuant to the "Hazardous Materials 
 24.34  Transportation Uniform Safety Act of 1990," United States Code, 
 24.35  title 49 appendix, section 1819, subsection (c). 
 24.36     Sec. 23.  Minnesota Statutes 2000, section 221.0355, 
 25.1   subdivision 3, is amended to read: 
 25.2      Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
 25.3   subdivision 17, after October 1, 1994: 
 25.4      (a) No carrier, other than a public entity, may transport a 
 25.5   hazardous material by motor vehicle in Minnesota unless it has 
 25.6   complied with subdivision 4. 
 25.7      (b) No carrier, other than a public entity, may transport a 
 25.8   hazardous waste in Minnesota unless it has complied with 
 25.9   subdivisions 4 and 5. 
 25.10     (c) No shipper may offer a designated hazardous material 
 25.11  for shipment or cause a designated hazardous material to be 
 25.12  transported or shipped in Minnesota unless it has complied with 
 25.13  subdivision 7. 
 25.14     (d) No carrier, other than a public entity, may transport a 
 25.15  designated hazardous material by rail or water in Minnesota 
 25.16  unless it has complied with subdivision 7a. 
 25.17     (e) No public entity may transport a hazardous material or 
 25.18  hazardous waste by motor vehicle in Minnesota unless it has 
 25.19  complied with subdivision 8. 
 25.20     (f) A carrier registered under this section, who 
 25.21  exclusively offers designated materials for shipment only in 
 25.22  vehicles controlled or operated by that carrier and who does not 
 25.23  offer hazardous materials to other private or for-hire carriers, 
 25.24  is not required to register as a shipper under subdivision 7. 
 25.25     Sec. 24.  Minnesota Statutes 2001 Supplement, section 
 25.26  221.221, subdivision 2, is amended to read: 
 25.27     Subd. 2.  [ENFORCEMENT POWERS.] Transportation program 
 25.28  specialists and hazardous material program specialists of the 
 25.29  department, for the purpose of enforcing the provisions of (1) 
 25.30  this chapter, sections 169.781 to 169.783 relating to commercial 
 25.31  vehicle inspections, and section 296A.27, subdivisions 6 and 12, 
 25.32  relating to motor carrier licenses and trip permits, (2) Code of 
 25.33  Federal Regulations, title 49, parts 40 and 382, and (3) the 
 25.34  applicable rules, orders, or directives of the commissioner of 
 25.35  transportation and the commissioner of revenue, issued under 
 25.36  this chapter and chapter 296A, but for no other purpose, have 
 26.1   the powers conferred by law upon police officers.  The powers 
 26.2   include the authority to conduct inspections at designated 
 26.3   highway weigh stations or under other appropriate circumstances. 
 26.4      Sec. 25.  Minnesota Statutes 2000, section 221.221, 
 26.5   subdivision 4, is amended to read: 
 26.6      Subd. 4.  [DOCUMENT INSPECTION.] Records, log books, 
 26.7   certificates, licenses, shipping documents, or other papers or 
 26.8   documents required to determine compliance with this 
 26.9   chapter and, rules adopted under this chapter, and Code of 
 26.10  Federal Regulations, title 49, parts 40 and 382, must be 
 26.11  presented for inspection, upon request, to a peace officer or 
 26.12  police officer or other person empowered to enforce the 
 26.13  provisions of this chapter.  
 26.14     Sec. 26.  Minnesota Statutes 2000, section 221.605, 
 26.15  subdivision 1, is amended to read: 
 26.16     Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
 26.17  carriers and private carriers engaged in interstate commerce 
 26.18  shall comply with the federal motor carrier safety regulations, 
 26.19  in Code of Federal Regulations, title 49, parts 40, 382, 387, 
 26.20  and 390 to through 398; with Code of Federal Regulations, title 
 26.21  49, part 40; and with the rules of the commissioner concerning 
 26.22  inspections, vehicle and driver out-of-service restrictions and 
 26.23  requirements, and vehicle, driver, and equipment checklists.  
 26.24  For purposes of regulating commercial motor vehicles as defined 
 26.25  in section 169.781, subdivision 1, the exemption provided in 
 26.26  Code of Federal Regulations, title 49, section 396.11, paragraph 
 26.27  (d), applies in Minnesota only to driveaway-towaway operations. 
 26.28     (b) An interstate carrier or private carrier engaged in 
 26.29  interstate commerce who complies with federal regulations 
 26.30  governing testing for controlled substances and alcohol is 
 26.31  exempt from the requirements of sections 181.950 to 181.957 
 26.32  unless the carrier's drug testing program provides for testing 
 26.33  for controlled substances in addition to those listed in Code of 
 26.34  Federal Regulations, title 49, section 40.21, paragraph 
 26.35  (a) 40.85.  Persons subject to this section may test for drugs, 
 26.36  in addition to those listed in Code of Federal Regulations, 
 27.1   title 49, section 40.21, paragraph (a) 40.85, only in accordance 
 27.2   with sections 181.950 to 181.957 and rules adopted under those 
 27.3   sections. 
 27.4      Sec. 27.  Minnesota Statutes 2000, section 360.305, 
 27.5   subdivision 4, is amended to read: 
 27.6      Subd. 4.  [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 
 27.7   CONSTRUCTION REVOLVING ACCOUNT.] (a) Except as otherwise 
 27.8   provided in this subdivision, the commissioner of transportation 
 27.9   shall require as a condition of assistance by the state that the 
 27.10  political subdivision, municipality, or public corporation make 
 27.11  a substantial contribution to the cost of the construction, 
 27.12  improvement, maintenance, or operation of the airport, in 
 27.13  connection with which the assistance of the state is sought.  
 27.14  These costs are referred to as project costs.  
 27.15     (b) For any airport, whether key, intermediate or landing 
 27.16  strip, where only state and local funds are to be used, the 
 27.17  contribution shall be not less than one-fifth of the sum of: 
 27.18     (1) the project costs; 
 27.19     (2) acquisition costs of the land and clear zones, which 
 27.20  are referred to as acquisition costs. 
 27.21     (c) For any airport where federal, state and local funds 
 27.22  are to be used, the contribution shall not be less than 
 27.23  one-tenth of the sum of the project costs and acquisition costs. 
 27.24     (d) The commissioner may pay the total cost of radio and 
 27.25  navigational aids. 
 27.26     (e) Notwithstanding paragraph (b) or (c), the commissioner 
 27.27  may pay all of the project costs of a new landing strip, but not 
 27.28  an intermediate airport or key airport, or may pay an amount 
 27.29  equal to the federal funds granted and used for a new landing 
 27.30  strip plus all of the remaining project costs; but the total 
 27.31  amount paid by the commissioner for the project costs of a new 
 27.32  landing strip, unless specifically authorized by an act 
 27.33  appropriating funds for the new landing strip, shall not exceed 
 27.34  $200,000. 
 27.35     (f) Notwithstanding paragraph (b) or (c), the commissioner 
 27.36  may pay all the project costs for research and development 
 28.1   projects, including, but not limited to noise abatement; 
 28.2   provided that in no event shall the sums expended under this 
 28.3   paragraph exceed five percent of the amount appropriated for 
 28.4   construction grants.  
 28.5      (g) To receive aid under this section for project costs or 
 28.6   for acquisition costs, the municipality must enter into an 
 28.7   agreement with the commissioner giving assurance that the 
 28.8   airport will be operated and maintained in a safe, serviceable 
 28.9   manner for aeronautical purposes only for the use and benefit of 
 28.10  the public: 
 28.11     (1) for 20 years after the date that any state funds for 
 28.12  project costs are received by the municipality; and 
 28.13     (2) for 99 years after the date that any state funds for 
 28.14  acquisition costs are received by the municipality.  
 28.15  The agreement may contain other conditions as the commissioner 
 28.16  deems reasonable. 
 28.17     (h) The commissioner shall establish a hangar construction 
 28.18  revolving account which shall be used for the purpose of 
 28.19  financing the construction of hangar buildings to be constructed 
 28.20  by municipalities owning airports.  All municipalities owning 
 28.21  airports are authorized to enter into contracts for the 
 28.22  construction of hangars, and contracts with the commissioner for 
 28.23  the financing of hangar construction for an amount and period of 
 28.24  time as may be determined by the commissioner and municipality.  
 28.25  All receipts from the financing contracts shall be deposited in 
 28.26  the hangar construction revolving account and are reappropriated 
 28.27  for the purpose of financing construction of hangar buildings.  
 28.28  The commissioner may pay from the hangar construction revolving 
 28.29  account 80 percent of the cost of financing construction of 
 28.30  hangar buildings.  For purposes of this clause, the construction 
 28.31  of hangars shall include their design.  The commissioner shall 
 28.32  transfer up to $4,100,000 $4,400,000 from the state airports 
 28.33  fund to the hangar construction revolving account. 
 28.34     (i) The commissioner may pay a portion of the purchase 
 28.35  price of any airport maintenance and safety equipment and of the 
 28.36  actual airport snow removal costs incurred by any municipality.  
 29.1   The portion to be paid by the state shall not exceed two-thirds 
 29.2   of the cost of the purchase price or snow removal.  To receive 
 29.3   aid a municipality must enter into an agreement of the type 
 29.4   referred to in paragraph (g). 
 29.5      (j) This subdivision shall apply only to project costs or 
 29.6   acquisition costs of municipally owned airports which are 
 29.7   incurred after June 1, 1971. 
 29.8      Sec. 28.  Laws 2001, First Special Session chapter 8, 
 29.9   article 1, section 8, is amended to read: 
 29.10     Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
 29.11  CONSTRUCTION BUDGET.] 
 29.12     The commissioner of transportation shall reduce the 
 29.13  construction budget of the department of transportation 
 29.14  construction district 1 by $35,000,000 $24,700,000 over the 
 29.15  period from fiscal year 2003 through fiscal year 2007, in order 
 29.16  to repay the advance of highway construction funds in fiscal 
 29.17  years 2001 and 2002.  The reduction in each year of the period 
 29.18  must equal the cost of trunk highway construction projects that 
 29.19  were originally scheduled to be constructed during that year 
 29.20  that were constructed in fiscal year 2001 or 2002 instead be 
 29.21  approximately $5,000,000 until the funds advanced have been 
 29.22  repaid. 
 29.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 29.24  following final enactment. 
 29.25     Sec. 29.  Laws 2001, First Special Session chapter 8, 
 29.26  article 2, section 6, is amended to read: 
 29.27     Sec. 6.  [STATE AID FOR CITIES.] 
 29.28     A city that has previously been classified as having a 
 29.29  population of 5,000 or more for the purposes of Minnesota 
 29.30  Statutes, chapter 162, and that has a population greater than 
 29.31  4,900 but less than 5,000 according to the 2000 federal census, 
 29.32  is deemed to have a population of 5,000 for purposes of 
 29.33  Minnesota Statutes, chapter 162, until June 30, 2004. 
 29.34     Sec. 30.  Laws 2002, chapter 220, article 10, section 37, 
 29.35  is amended to read: 
 29.36     Sec. 37.  [MORATORIUM ON CONSULTANT CONTRACTS.] 
 30.1      (a) An entity in the executive branch of state government, 
 30.2   including the Minnesota state colleges and universities, may not 
 30.3   enter into a new contract or renew an existing contract for 
 30.4   professional or technical services after the effective date of 
 30.5   this section and before July 1, 2003.  This section does not 
 30.6   apply to a contract: 
 30.7      (1) that relates to a threat to public health, welfare, or 
 30.8   safety that threatens the functioning of government, the 
 30.9   protection of property, or the health or safety of people; or 
 30.10     (2) that is paid for entirely with federal funds received 
 30.11  before the effective date of this section; 
 30.12     (3) that is paid entirely with funds from the state 
 30.13  airports fund, trunk highway fund, county state-aid highway 
 30.14  fund, or municipal state-aid street fund; or 
 30.15     (4) for a trunk highway project of a type described in Laws 
 30.16  2000, chapter 479, article 1, section 2, subdivision 3, 
 30.17  paragraph (a), clauses (1) to (3).  
 30.18     (b) An entity in the executive branch may apply for a 
 30.19  waiver of the moratorium by sending a letter with reasons for 
 30.20  the request to the commissioner of administration for executive 
 30.21  branch entities.  Upon a finding that a consultant contract is 
 30.22  necessary, the commissioner may grant a waiver.  The decision of 
 30.23  the commissioner is final and not subject to appeal.  A monthly 
 30.24  report of all waivers granted must be filed by the entity 
 30.25  granting the waiver.  The report must be published on the 
 30.26  entity's Web site, and copies must be provided to the chairs of 
 30.27  the house ways and means and senate finance committees and to 
 30.28  the legislative reference library. 
 30.29     Sec. 31.  [ST. CROIX RIVER BRIDGE.] 
 30.30     Until July 1, 2003, the commissioner of transportation may 
 30.31  not cancel or remove from the commissioner's statewide 
 30.32  transportation improvement program, the trunk highway project 
 30.33  that would construct a new bridge across the St. Croix river at 
 30.34  or near the terminus of marked trunk highway No. 36. 
 30.35     Sec. 32.  [TRUNK HIGHWAY 169 RECONSTRUCTION; PEDESTRIAN 
 30.36  SIGNAL.] 
 31.1      (a) The commissioner of transportation shall, as part of 
 31.2   the reconstruction of marked trunk highway No. 169 (Ferry 
 31.3   Street) in Anoka, prepare a new signal agreement relating to the 
 31.4   new pedestrian signal located between Benton Street and Fremont 
 31.5   Street.  All costs related to installation of the new pedestrian 
 31.6   signal must be paid by the city of Anoka. 
 31.7      (b) Notwithstanding Minnesota Statutes, sections 169.162 to 
 31.8   169.167: 
 31.9      (1) The commissioner may annually review the installation 
 31.10  of the signal at the east frontage road, as described in signal 
 31.11  agreement No. 81393R. 
 31.12     (2) The new pedestrian signal must be designated as the 
 31.13  priority signal, and the commissioner may remove the signal 
 31.14  described in clause (1) if the commissioner determines that the 
 31.15  signal described in clause (1) is detrimental to the safe 
 31.16  operation and functionality of the trunk highway. 
 31.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 31.18  following final enactment. 
 31.19     Sec. 33.  [PROTECTION OF NATURAL FLOW.] 
 31.20     A stipulation agreement entered into between the Minnehaha 
 31.21  Creek watershed district and the Minnesota department of 
 31.22  transportation concerning the controversy at issue in Court File 
 31.23  No. MC01-07478 in the fourth judicial district of Hennepin 
 31.24  county, has the force of law and supersedes the provisions of 
 31.25  Laws 2001, chapter 101, section 1. 
 31.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 31.27  following final enactment. 
 31.28     Sec. 34.  [INTERREGIONAL CORRIDOR DESIGNATION.] 
 31.29     The commissioner of transportation shall by August 30, 
 31.30  2002, designate high priority interregional corridors that 
 31.31  connect regional trade and population centers within the state 
 31.32  to Canadian provinces and serve as trade and tourism routes 
 31.33  between the state and Canadian provinces.  
 31.34     Sec. 35.  [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION 
 31.35  PROJECT.] 
 31.36     Subdivision 1.  [ESTABLISHMENT OF PROJECT.] (a) The 
 32.1   commissioner of transportation, in cooperation with the trunk 
 32.2   highway No. 55 joint powers board, shall establish a 
 32.3   corridor-protection demonstration project along the corridor of 
 32.4   marked trunk highway No. 55 between marked interstate highway 
 32.5   No. 494 in Hennepin county and the city of Annandale in Wright 
 32.6   county.  The purpose of the corridor-protection demonstration 
 32.7   project is to develop a transferable process and methodologies 
 32.8   for trunk highway corridor coalitions to use in protecting a 
 32.9   corridor for future capacity needs, such as for additional 
 32.10  lanes, safety improvements, improved access management, and bus 
 32.11  transit services. 
 32.12     (b) The commissioner, or a designee, shall participate as a 
 32.13  nonvoting member of the trunk highway No. 55 joint powers board, 
 32.14  provide technical advice and guidance relating to developing a 
 32.15  corridor-protection plan and official map, and may provide a 
 32.16  grant to the board to hire a consultant.  The grant is available 
 32.17  only upon the formation of a trunk highway No. 55 joint powers 
 32.18  board that, at a minimum, includes the counties of Hennepin and 
 32.19  Wright, and a majority of the cities and townships that include 
 32.20  or border trunk highway signed No. 55 between interstate highway 
 32.21  signed No. I-494 and the city of Annandale.  The joint powers 
 32.22  board shall use the grant to hire a consultant to conduct, at a 
 32.23  minimum, the following activities: 
 32.24     (1) develop a preliminary plan and layout for the future 
 32.25  boundaries and right-of-way needs of the highway corridor; 
 32.26     (2) develop an official map of the corridor; 
 32.27     (3) conduct at least one official public hearing in the 
 32.28  corridor upon completion of the official map; 
 32.29     (4) assist the municipalities in making any necessary 
 32.30  comprehensive plan amendments, zoning changes, or ordinance 
 32.31  changes; and 
 32.32     (5) educate the municipalities regarding appropriate 
 32.33  strategies, procedures, and tools to use to protect the corridor 
 32.34  for the planned right-of-way needs. 
 32.35     Subd. 2.  [REPORT TO LEGISLATURE.] By January 15, 2004, the 
 32.36  commissioner shall report the results of the corridor-protection 
 33.1   demonstration project to the committees of the senate and house 
 33.2   of representatives with jurisdiction over transportation policy 
 33.3   and finance.  The report must include findings regarding the 
 33.4   effectiveness of assisting communities in developing a 
 33.5   corridor-protection plan and official map and estimates of 
 33.6   future right-of-way savings due to early implementation of 
 33.7   right-of-way protection mechanisms. 
 33.8      Sec. 36.  [EXEMPTION FROM MATCHING REQUIREMENT.] 
 33.9      All money received under Public Law Number 107-71, the 
 33.10  Aviation and Transportation Security Act, is exempt from the 
 33.11  matching requirements of Minnesota Statutes, section 360.305, 
 33.12  subdivision 4. 
 33.13     Sec. 37.  [PERMIT FOR BIKEWAY IN CHANHASSEN.] 
 33.14     Subdivision 1.  [BIKEWAY REQUIREMENTS.] (a) For purposes of 
 33.15  this section, the terms "bikeway" and "roadway" have the 
 33.16  meanings given them in Minnesota Statutes, section 169.01, and 
 33.17  the term "pedestrian walkway" has the meaning given it in 
 33.18  Minnesota Rules 2001, part 8810.6000. 
 33.19     (b) Notwithstanding other law to the contrary, within 30 
 33.20  days of the effective date of this section the commissioner of 
 33.21  transportation shall grant a permit to the city of Chanhassen to 
 33.22  construct a bikeway on the west side of trunk highway signed No. 
 33.23  101 from its intersection with trunk highway signed No. 62 to 
 33.24  its intersection with West 78th street in the city of Chanhassen.
 33.25     (c) Notwithstanding any rule or standard of the 
 33.26  commissioner of natural resources governing the width of 
 33.27  bikeways or bicycle trails, the permit shall allow the 
 33.28  construction of a bikeway (1) that is paved, is six feet wide, 
 33.29  and allows for two-way bicycle travel, (2) that may be located 
 33.30  within the highway right-of-way, (3) that also allows use as a 
 33.31  pedestrian walkway, and (4) that otherwise complies with the 
 33.32  minimum requirements of Minnesota Rules 2001, part 8810.6600. 
 33.33     (d) The bicycle path must be constructed within applicable 
 33.34  department design standards and utilizing highway right-of-way 
 33.35  to the greatest extent possible with minimum impact on adjacent 
 33.36  properties and on mature, quality trees. 
 34.1      (e) The city of Chanhassen may, but is not required to, 
 34.2   enter into a contract with the commissioner of transportation 
 34.3   for construction of the bicycle path. 
 34.4      Subd. 2.  [BIKEWAY RESPONSIBILITY FOLLOWING HIGHWAY 
 34.5   RECONSTRUCTION.] The commissioner of transportation shall 
 34.6   repair, restore, or reconstruct the bikeway or, if necessary, 
 34.7   construct a new bikeway as necessary following any subsequent 
 34.8   repair, expansion, or reconstruction, in conjunction with the 
 34.9   turnback of that segment of trunk highway signed No. 101 
 34.10  described in subdivision 1, paragraph (b). 
 34.11     Sec. 38.  [NORTHERN ZONE LOAD RESTRICTION STUDY.] 
 34.12     The commissioner of transportation shall conduct a study of 
 34.13  load restrictions and seasonal load increases in the northern 
 34.14  zone of Minnesota and make recommendations regarding the 
 34.15  establishment of one or more new zones given the varying climate 
 34.16  in the northern area of the state.  The commissioner shall 
 34.17  report findings back to the committees of the senate and house 
 34.18  of representatives with jurisdiction over transportation policy 
 34.19  by December 15, 2002. 
 34.20     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 34.21  following final enactment. 
 34.22     Sec. 39.  [TECHNICAL ADVISORY GROUP.] 
 34.23     Subdivision 1.  [CREATION.] The commissioner of 
 34.24  transportation shall create a technical advisory group 
 34.25  consisting of one senior manager and two administration staff 
 34.26  from each of the following state agencies: 
 34.27     (1) department of transportation; 
 34.28     (2) department of natural resources; 
 34.29     (3) pollution control agency; and 
 34.30     (4) the board of soil and water resources. 
 34.31     The group shall conduct research, evaluate alternatives, 
 34.32  and make findings and recommendations on streamlining the 
 34.33  process of environmental review for transportation-related 
 34.34  projects.  The commissioner of each agency shall appoint the 
 34.35  respective members from that agency by July 1, 2002.  The 
 34.36  commissioner of transportation or a senior manager appointed by 
 35.1   the commissioner of transportation shall chair the group. 
 35.2      Subd. 2.  [REPORT.] The technical advisory group shall 
 35.3   submit a comprehensive report to the senate and house of 
 35.4   representatives committees having jurisdiction over 
 35.5   environmental policy and transportation policy and finance by 
 35.6   January 15, 2003.  The report must make findings and 
 35.7   recommendations, including actions that should be taken, 
 35.8   recommendations on reporting mitigating costs for the previous 
 35.9   five years and for the future, and the statutory changes 
 35.10  necessary to effect a more streamlined process for environmental 
 35.11  review, assessment, and approval without weakening the substance 
 35.12  of existing environmental protections. 
 35.13     Sec. 40.  [BRAINERD LAKES REST AREA.] 
 35.14     (a) Notwithstanding other law: 
 35.15     (1) the commissioner of transportation may enter into a 
 35.16  joint venture with Crow Wing county, the commissioner of natural 
 35.17  resources, and the Brainerd Lakes area chamber of commerce or 
 35.18  similar nonprofit entity that provides regional travel 
 35.19  information and services in connection with the operation of 
 35.20  facilities at the class I rest area to be constructed between 
 35.21  Brainerd and Little Falls on state highway No. 371 in the 
 35.22  vicinity of the Crow Wing state park; 
 35.23     (2) the chamber or similar entity may be a tenant in the 
 35.24  facility and may operate, advertise membership, run a 
 35.25  concession, including a gift shop in the facility, and take 
 35.26  revenue from the concession to support its nonprofit activities 
 35.27  within the rest area building; 
 35.28     (3) the commissioner may enter into a lease with the 
 35.29  chamber or similar entity.  The lease may be for a term of up to 
 35.30  20 years and may be renewed for additional terms of up to 20 
 35.31  years.  Some or all of the consideration from the chamber or 
 35.32  similar entity for the lease may be in the form of in-kind 
 35.33  contribution to improvements to the rest area facility; and 
 35.34     (4) the chamber or similar entity may advertise its 
 35.35  presence and services in the rest area along state highways, 
 35.36  including on rest area grounds and along state highway No. 371 
 36.1   within one-half mile of the rest area exit. 
 36.2      (b) The conditions, exemptions, and terms set out in this 
 36.3   act are intended to apply only to the rest area to be built on 
 36.4   state highway No. 371 between Little Falls and Brainerd. 
 36.5      (c) It is understood that because of lack of available 
 36.6   funding and other higher priorities, the unique circumstances, 
 36.7   including exceptional volume, site requirements and limitations, 
 36.8   and other unique circumstances, the rest area could not be built 
 36.9   and operated in the most desirable way without the contributions 
 36.10  of all the parties. 
 36.11     (d) The commissioner of transportation and the partners in 
 36.12  this rest area shall mutually develop and execute an agreement 
 36.13  to identify and accept responsibility for their respective 
 36.14  portion of construction, maintenance, and operating costs of the 
 36.15  facility based on their spatial requirements.  The 
 36.16  responsibilities could be through direct funding or in-kind 
 36.17  contributions as mutually agreed. 
 36.18     Sec. 41.  [REPEALER.] 
 36.19     Minnesota Statutes 2000, section 221.0313, is repealed.  
 36.20     Minnesota Statutes 2001 Supplement, section 161.362, is 
 36.21  repealed.