HF 928

CCR--HF0928A - 86th Legislature (2009 - 2010)

Posted on 01/15/2013 08:25 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 928 1.2A bill for an act 1.3relating to transportation; modifying various provisions related to transportation 1.4or public safety; prohibiting certain acts;amending Minnesota Statutes 2008, 1.5sections 161.14, subdivision 62, as added, by adding subdivisions; 168.33, 1.6subdivision 2; 169.011, by adding a subdivision; 169.045; 169.15; 169.306; 1.7169.71, subdivision 1; 171.12, subdivision 6; 174.86, subdivision 5; 221.012, 1.8subdivision 38, by adding a subdivision; 221.0252, by adding a subdivision; 1.9473.167, subdivision 2a; Laws 2008, chapter 287, article 1, section 122; 1.10proposing coding for new law in Minnesota Statutes, chapters 160; 171; 174; 1.11299C. 1.12May 15, 2009 1.13The Honorable Margaret Anderson Kelliher 1.14Speaker of the House of Representatives 1.15The Honorable James P. Metzen 1.16President of the Senate 1.17We, the undersigned conferees for H. F. No. 928 report that we have agreed upon the 1.18items in dispute and recommend as follows: 1.19That the Senate recede from its amendments and that H. F. No. 928 be further 1.20amended as follows: 1.21Delete everything after the enacting clause and insert: 1.22    "Section 1. Minnesota Statutes 2008, section 160.165, as added by Laws 2009, chapter 1.2336, article 3, section 2, is amended to read: 1.24160.165 MITIGATION OF TRANSPORTATION CONSTRUCTION 1.25IMPACTS ON BUSINESS. 1.26    Subdivision 1. Definitions. For the purposes of this section, the following terms 1.27have the meanings given: 1.28(1) "project" means construction work to maintain, construct, reconstruct, or 1.29improve a street or highway new text begin or for a rail transit project new text end ; 2.1(2) "substantial business impacts" means impairment of road access, parking, or 2.2visibility for one or more business establishments as a result of a project, for a minimum 2.3period of one month; and 2.4(3) "transportation authority" means the commissioner, as to trunk highways; the 2.5county board, as to county state-aid highways and county highways; the town board, as to 2.6town roads; and statutory or home rule charter cities, as to city streets new text begin ; the Metropolitan new text end 2.7 new text begin Council, for rail transit projects located entirely within the metropolitan area as defined in new text end 2.8 new text begin section 473.121, subdivision 2; and the commissioner, for all other rail transit projects new text end . 2.9    Subd. 2. Business liaison. (a) Before beginning construction work on a project, 2.10a transportation authority shall identify whether the project is anticipated to include 2.11substantial business impacts. For such projects, the transportation authority shall designate 2.12an individual to serve as business liaison between the transportation authority and affected 2.13businesses. 2.14(b) The business liaison shall consult with affected businesses before and 2.15during construction to investigate means of mitigating project impacts to businesses. 2.16The mitigation considered must include signage. The business liaison shall provide 2.17information to the identified businesses before and during construction, concerning project 2.18duration and timetables, lane and road closures, detours, access impacts, customer parking 2.19impacts, visibility, noise, dust, vibration, and public participation opportunities. 2.20     new text begin Subd. 3. new text end new text begin Exception. new text end new text begin This section does not apply to construction work in connection new text end 2.21 new text begin with the Central Corridor light rail or transit line that will connect downtown Minneapolis new text end 2.22 new text begin and downtown St. Paul. new text end 2.23 new text begin EFFECTIVE DATE. new text end new text begin Subdivision 1 is effective July 1, 2011. Subdivision 3 is new text end 2.24 new text begin effective July 1, 2009. new text end 2.25    Sec. 2. new text begin [160.2755] PROHIBITED ACTIVITIES AT REST AREAS. new text end 2.26     new text begin Subdivision 1. new text end new text begin Prohibited activities. new text end new text begin It is unlawful at rest areas to: new text end 2.27 new text begin (1) dispose of travel-related trash and rubbish, except if depositing it in a designated new text end 2.28 new text begin receptacle; new text end 2.29 new text begin (2) dump household or commercial trash and rubbish into containers or anywhere new text end 2.30 new text begin else on site; new text end 2.31 new text begin (3) drain or dump refuse or waste from any trailer, recreational vehicle, or other new text end 2.32 new text begin vehicle except where receptacles are provided and designated to receive the refuse or new text end 2.33 new text begin waste; new text end 2.34 new text begin (4) stop and park continuously for a period in excess of six hours, except for: new text end 2.35 new text begin (i) commercial motor vehicle operators as provided for under section 160.2721; and new text end 3.1 new text begin (ii) employees on duty at the rest area; new text end 3.2 new text begin (5) pitch tents or sleep overnight outside a vehicle; or new text end 3.3 new text begin (6) allow a motor vehicle to remain unattended when no member of a party or group new text end 3.4 new text begin traveling in association with the motor vehicle or trailer is present at the rest area. new text end 3.5     new text begin Subd. 2. new text end new text begin Penalty. new text end new text begin Violation of this section is a petty misdemeanor. new text end 3.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to acts new text end 3.7 new text begin committed on or after that date. new text end 3.8    Sec. 3. Minnesota Statutes 2008, section 161.14, subdivision 62, as added by Laws 3.92009, chapter 18, section 1, is amended to read: 3.10    Subd. 62. Clearwater County Veterans Memorial Highway. (a) The following 3.11described route is designated the "Clearwater County Veterans Memorial Highway": that 3.12portion of Legislative Route No. 168, marked on the effective date of this section as Trunk 3.13Highway 200, from its intersection with Clearwater County State-Aid Highway 37 new text begin 39 new text end to 3.14its intersection with Legislative Route No. 169, marked on the effective date of this 3.15section as Trunk Highway 92; and that portion of Route No. 169 to its intersection with 3.16Clearwater County State-Aid Highway 5. 3.17(b) The commissioner shall adopt a suitable marking design to mark this highway 3.18and erect appropriate signs, subject to section 161.139. 3.19    Sec. 4. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 3.20to read: 3.21     new text begin Subd. 64. new text end new text begin Veterans Memorial Highway. new text end new text begin Legislative Route No. 31, signed as new text end 3.22 new text begin Trunk Highway 200 as of the effective date of this section, from the border with North new text end 3.23 new text begin Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The new text end 3.24 new text begin commissioner shall adopt a suitable design to mark this highway and erect appropriate new text end 3.25 new text begin signs, subject to section 161.139. new text end 3.26    Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 3.27to read: 3.28     new text begin Subd. 65. new text end new text begin Becker County Veterans Memorial Highway. new text end new text begin Marked Trunk Highway new text end 3.29 new text begin 34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with new text end 3.30 new text begin County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection new text end 3.31 new text begin with County State-Aid Highway 33 to its intersection with County State-Aid Highway new text end 3.32 new text begin 39, is named and designated the "Becker County Veterans Memorial Highway." Subject new text end 3.33 new text begin to section 161.139, the commissioner shall adopt a suitable marking design to mark this new text end 3.34 new text begin highway and erect appropriate signs. new text end 4.1    Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 4.2to read: 4.3     new text begin Subd. 66. new text end new text begin Granite City Crossing. new text end new text begin The bridge over the Mississippi River on marked new text end 4.4 new text begin Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner new text end 4.5 new text begin of transportation shall adopt a suitable design to mark this bridge and erect appropriate new text end 4.6 new text begin signs, subject to section 161.139. new text end 4.7    Sec. 7. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read: 4.8    Subd. 4. Prioritization of bridge projects. (a) The commissioner shall classify all 4.9bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless 4.10the commissioner identifies a reason for proceeding otherwise, before commencing bridge 4.11projects in a lower tier, all bridge projects within a higher tier must to the extent feasible 4.12be selected and funded in the approved state transportation improvement program, at 4.13any stage in the project development process, solicited for bids, in contract negotiation, 4.14under construction, or completed. 4.15    (b) The classification of each tier is as follows: 4.16    (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic 4.17count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is 4.18identified by the commissioner as a priority project; 4.19    (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as 4.20fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and 4.21    (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge. 4.22    (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program 4.23must be under contract for repair or replacement with a new bridge that contains a 4.24load-path-redundant design, except that a specific bridge may remain in continued service 4.25if the reasons are documented in the report required under subdivision 5. 4.26    (d) new text begin All bridge projects funded under this section in fiscal year 2010 or later must new text end 4.27 new text begin include bicycle and pedestrian accommodations if both sides of the bridge are located in a new text end 4.28 new text begin city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway. new text end 4.29 new text begin Bicycle and pedestrian accommodations would not be required if: new text end 4.30 new text begin (1) a comprehensive assessment demonstrates that there is an absence of need for new text end 4.31 new text begin bicycle and pedestrian accommodations for the life of the bridge; or new text end 4.32 new text begin (2) there is a reasonable alternative bicycle and pedestrian crossing within new text end 4.33 new text begin one-quarter mile of the bridge project. new text end 4.34 new text begin All bicycle and pedestrian accommodations should enable a connection to any existing new text end 4.35 new text begin bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian new text end 5.1 new text begin facilities must meet or exceed federal accessibility requirements as outlined in Title II of new text end 5.2 new text begin the Americans with Disabilities Act, codified in United States Code, title 42, chapter new text end 5.3 new text begin 126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United new text end 5.4 new text begin States Code, title 29, section 794. new text end 5.5 new text begin (e) new text end The commissioner shall establish criteria for determining the priority of bridge 5.6projects within each tier, and must include safety considerations as a criterion. 5.7    Sec. 8. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read: 5.8    Subd. 5. Statewide transportation planning report. In conjunction with each 5.9update to the Minnesota statewide transportation plan, or at least every six years, the 5.10commissioner shall submit a report to the chairs and ranking minority members of the 5.11house of representatives and senate committees with jurisdiction over transportation 5.12finance. The report must include: 5.13    (1) an explanation of the criteria and decision-making processes used to prioritize 5.14bridge projects; 5.15    (2) a historical and projected analysis of the extent to which all trunk highway 5.16bridges meet bridge performance targets new text begin and comply with the accessibility requirements new text end 5.17 new text begin of Title II of the Americans with Disabilities Act new text end ; 5.18    (3) a summary of bridge projects (i) completed in the previous six years or since the 5.19last update to the Minnesota statewide transportation plan, and (ii) currently in progress 5.20under the program; 5.21    (4) a summary of bridge projects scheduled in the next four fiscal years and included 5.22in the state transportation improvement program; 5.23    (5) a projection of annual needs over the next 20 years; 5.24    (6) a calculation new text begin of new text end funding necessary to meet the completion date under subdivision 5.254, paragraph (c), compared to the total amount of bridge-related funding available; and 5.26    (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an 5.27explanation of the reasons for repair instead of replacement. 5.28    Sec. 9. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read: 5.29    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause 5.30discontinue, a deputy registrar for any statutory or home rule charter city as the public 5.31interest and convenience may require, without regard to whether the county auditor of 5.32the county in which the city is situated has been appointed as the deputy registrar for the 5.33county or has been discontinued as the deputy registrar for the county, and without regard 5.34to whether the county in which the city is situated has established a county license bureau 5.35that issues motor vehicle licenses as provided in section 373.32. 6.1(b) The commissioner may appoint, and for cause discontinue, a deputy registrar 6.2for any statutory or home rule charter city as the public interest and convenience may 6.3require, if the auditor for the county in which the city is situated chooses not to accept 6.4appointment as the deputy registrar for the county or is discontinued as a deputy registrar, 6.5or if the county in which the city is situated has not established a county license bureau 6.6that issues motor vehicle licenses as provided in section 373.32. The individual appointed 6.7by the commissioner as a deputy registrar for any statutory or home rule charter city must 6.8be a resident of the county in which the city is situated. 6.9(c) The commissioner may appoint, and for cause discontinue, the county auditor of 6.10each county as a deputy registrar. 6.11(d) Despite any other provision, a person other than a county auditor or a director 6.12of a county license bureau, who was appointed by the registrar before August 1, 1976, 6.13as a deputy registrar for any statutory or home rule charter city, may continue to serve 6.14as deputy registrar and may be discontinued for cause only by the commissioner. The 6.15county auditor who appointed the deputy registrars is responsible for the acts of deputy 6.16registrars appointed by the auditor. 6.17(e) Each deputy, before entering upon the discharge of duties, shall take and 6.18subscribe an oath to faithfully discharge the duties and to uphold the laws of the state. 6.19(f) If a deputy registrar appointed under this subdivision is not an officer or employee 6.20of a county or statutory or home rule charter city, the deputy shall in addition give bond to 6.21the state in the sum of $10,000, or a larger sum as may be required by the commissioner, 6.22conditioned upon the faithful discharge of duties as deputy registrar. 6.23(g) Until January 1, 2012, A corporation governed by chapter 302A may be 6.24appointed a deputy registrar. Upon application by an individual serving as a deputy 6.25registrar and the giving of the requisite bond as provided in this subdivision, personally 6.26assured by the individual or another individual approved by the commissioner, a 6.27corporation named in an application then becomes the duly appointed and qualified 6.28successor to the deputy registrar. The appointment of any corporation as a deputy registrar 6.29expires January 1, 2012. The commissioner shall appoint an individual as successor to 6.30the corporation as a deputy registrar. The commissioner shall appoint as the successor 6.31agent to a corporation whose appointment expires under this paragraph an officer of the 6.32corporation if the officer applies for appointment before July 1, 2012. 6.33(h) Each deputy registrar appointed under this subdivision shall keep and maintain 6.34office locations approved by the commissioner for the registration of vehicles and the 6.35collection of taxes and fees on vehicles. 7.1(i) The deputy registrar shall keep records and make reports to the commissioner as 7.2the commissioner requires. The records must be maintained at the offices of the deputy 7.3registrar. The records and offices of the deputy registrar must at all times be open to the 7.4inspection of the commissioner or the commissioner's agents. The deputy registrar shall 7.5report to the commissioner by the next working day following receipt all registrations 7.6made and taxes and fees collected by the deputy registrar. 7.7(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of 7.8the place for which appointed or, if not a public official, a deputy shall retain the filing 7.9fee, but the registration tax and any additional fees for delayed registration the deputy 7.10registrar has collected the deputy registrar shall deposit by the next working day following 7.11receipt in an approved state depository to the credit of the state through the commissioner 7.12of finance. The place for which the deputy registrar is appointed through its governing 7.13body must provide the deputy registrar with facilities and personnel to carry out the duties 7.14imposed by this subdivision if the deputy is a public official. In all other cases, the deputy 7.15shall maintain a suitable facility for serving the public. 7.16    Sec. 10. Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read: 7.17    Subd. 7. Filing fees; allocations. (a) In addition to all other statutory fees and 7.18taxes, a filing fee of: 7.19(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate 7.20transactions; and 7.21(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate 7.22transactions; 7.23except that a filing fee may not be charged for a document returned for a refund or for 7.24a correction of an error made by the Department of Public Safety, a dealer, or a deputy 7.25registrar. The filing fee must be shown as a separate item on all registration renewal 7.26notices sent out by the commissioner. No filing fee or other fee may be charged for the 7.27permanent surrender of a title for a vehicle. 7.28(b) new text begin The statutory fees and taxes, and the filing fees imposed under paragraph (a) new text end 7.29 new text begin may be paid by credit card or debit card. The deputy registrar may collect a surcharge new text end 7.30 new text begin on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit new text end 7.31 new text begin card or debit card transaction, in accordance with emergency rules established by the new text end 7.32 new text begin commissioner of public safety. The surcharge must be used to pay the cost of processing new text end 7.33 new text begin credit and debit card transactions. new text end 7.34 new text begin (c) new text end All of the fees collected under paragraph (a), clause (1), by the department, must 7.35be paid into the vehicle services operating account in the special revenue fund under 7.36section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department, 8.1$3.50 must be paid into the general fund with the remainder deposited into the vehicle 8.2services operating account in the special revenue fund under section 299A.705. 8.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for fees collected on and after August new text end 8.4 new text begin 1, 2009. new text end 8.5    Sec. 11. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read: 8.6    Subdivision 1. Written notice of impound. (a) When an impounded vehicle is 8.7taken into custody, the unit of government or impound lot operator taking it into custody 8.8shall give written notice of the taking within five days to the registered vehicle owner 8.9and any lienholders. 8.10    (b) The notice must: 8.11    (1) set forth the date and place of the taking; 8.12    (2) provide the year, make, model, and serial number of the impounded motor 8.13vehicle, if such information can be reasonably obtained, and the place where the vehicle 8.14is being held; 8.15    (3) inform the owner and any lienholders of their right to reclaim the vehicle under 8.16section 168B.07; 8.17    (4) state that failure of the owner or lienholders to: 8.18    (i) exercise their right to reclaim the vehicle within the appropriate time allowed 8.19under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in 8.20section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest 8.21in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle 8.22pursuant to section 168B.08; or 8.23    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate 8.24time allowed and under the conditions set forth in section 168B.07, subdivision 3, 8.25constitutes a waiver by them of all right, title, and interest in the contents and consent to 8.26sell or dispose of the contents under section 168B.08; and 8.27    (5) state that a vehicle owner who provides to the impound lot operator 8.28documentation from a government or nonprofit agency or legal aid office that the owner 8.29is homeless, receives relief based on need, new text begin or new text end is eligible for legal aid services, or has a 8.30household income at or below 50 percent of state median income has the unencumbered 8.31right to retrieve any and all contents without charge. 8.32    Sec. 12. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read: 8.33    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision: 9.1    (1) "contents" does not include any permanently affixed mechanical or 9.2nonmechanical automobile parts; automobile body parts; or automobile accessories, 9.3including audio or video players; and 9.4    (2) "relief based on need" includes, but is not limited to, receipt of MFIP 9.5and Diversionary Work Program, medical assistance, general assistance, general 9.6assistance medical care, emergency general assistance, Minnesota supplemental aid, 9.7MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy 9.8assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota 9.9working family tax credit. 9.10    (b) A unit of government or impound lot operator shall establish reasonable 9.11procedures for retrieval of vehicle contents, and may establish reasonable procedures to 9.12protect the safety and security of the impound lot and its personnel. 9.13    (c) At any time before the expiration of the waiting periods provided in section 9.14168B.051 , a registered owner who provides documentation from a government or 9.15nonprofit agency or legal aid office that the registered owner is homeless, receives relief 9.16based on need, new text begin or new text end is eligible for legal aid services, or has a household income at or below 9.1750 percent of state median income has the unencumbered right to retrieve any and all 9.18contents without charge and regardless of whether the registered owner pays incurred 9.19charges or fees, transfers title, or reclaims the vehicle. 9.20    Sec. 13. Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision 9.21to read: 9.22     new text begin Subd. 40a. new text end new text begin Mini truck. new text end new text begin (a) "Mini truck" means a motor vehicle that has four new text end 9.23 new text begin wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an new text end 9.24 new text begin internal combustion engine with a piston displacement capacity of 660 cubic centimeters new text end 9.25 new text begin or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a new text end 9.26 new text begin seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo new text end 9.27 new text begin area or bed located at the rear of the vehicle; and was not originally manufactured to meet new text end 9.28 new text begin federal motor vehicle safety standards required of motor vehicles in the Code of Federal new text end 9.29 new text begin Regulations, title 49, sections 571.101 to 571.404, and successor requirements. new text end 9.30 new text begin (b) A mini truck does not include: new text end 9.31 new text begin (1) a neighborhood electric vehicle or a medium-speed electric vehicle; or new text end 9.32 new text begin (2) a motor vehicle that meets or exceeds the regulations in the Code of Federal new text end 9.33 new text begin Regulations, title 49, section 571.500, and successor requirements. new text end 9.34    Sec. 14. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read: 10.1    Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, new text begin (a) new text end A 10.2towing authority may not tow a motor vehicle because: 10.3(1) the vehicle has expired registration tabs that have been expired for less than 10.490 days; new text begin or new text end 10.5(2) the vehicle is at a parking meter on which the time has expired and the vehicle 10.6has fewer than five unpaid parking tickets new text begin . new text end 10.7 new text begin (b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if: new text end 10.8 new text begin (1) the vehicle is parked in violation of snow emergency regulations; new text end 10.9 new text begin (2) the vehicle is parked in a rush-hour restricted parking area; new text end 10.10 new text begin (3) the vehicle is blocking a driveway, alley, or fire hydrant; new text end 10.11 new text begin (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking new text end 10.12 new text begin is prohibited; new text end 10.13 new text begin (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the new text end 10.14 new text begin stop sign; new text end 10.15 new text begin (6) the vehicle is parked in a disability transfer zone or disability parking space new text end 10.16 new text begin without a disability parking certificate or disability license plates; new text end 10.17 new text begin (7) the vehicle is parked in an area that has been posted for temporary restricted new text end 10.18 new text begin parking (A) at least 12 hours in advance in a home rule charter or statutory city having new text end 10.19 new text begin a population under 50,000, or (B) at least 24 hours in advance in another political new text end 10.20 new text begin subdivision; new text end 10.21 new text begin (8) the vehicle is parked within the right-of-way of a controlled-access highway or new text end 10.22 new text begin within the traveled portion of a public street when travel is allowed there; new text end 10.23 new text begin (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to new text end 10.24 new text begin use by fire, police, public safety, or emergency vehicles; new text end 10.25 new text begin (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul new text end 10.26 new text begin International Airport owned by the Metropolitan Airports Commission; new text end 10.27 new text begin (11) a law enforcement official has probable cause to believe that the vehicle is new text end 10.28 new text begin stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is new text end 10.29 new text begin reasonably necessary to obtain or preserve the evidence; new text end 10.30 new text begin (12) the driver, operator, or person in physical control of the vehicle is taken into new text end 10.31 new text begin custody and the vehicle is impounded for safekeeping; new text end 10.32 new text begin (13) a law enforcement official has probable cause to believe that the owner, new text end 10.33 new text begin operator, or person in physical control of the vehicle has failed to respond to five or more new text end 10.34 new text begin citations for parking or traffic offenses; new text end 10.35 new text begin (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs new text end 10.36 new text begin to use by taxicabs; new text end 11.1 new text begin (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked new text end 11.2 new text begin vehicle; new text end 11.3 new text begin (16) the vehicle is parked, on a school day during prohibited hours, in a school zone new text end 11.4 new text begin on a public street where official signs prohibit parking; or new text end 11.5 new text begin (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section new text end 11.6 new text begin , and subject to immediate removal under chapter 168B new text end . 11.7    Sec. 15. Minnesota Statutes 2008, section 169.045, is amended to read: 11.8169.045 SPECIAL VEHICLE USE ON ROADWAY. 11.9    Subdivision 1. Designation of roadway, permit. The governing body of any 11.10county, home rule charter or statutory city, or town may by ordinance authorize the 11.11operation of motorized golf carts, or four-wheel all-terrain vehicles, new text begin or mini trucks, new text end on 11.12designated roadways or portions thereof under its jurisdiction. Authorization to operate 11.13a motorized golf cart or new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end is by permit only. 11.14For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation-tired 11.15vehicle with four low-pressure tires that is limited in engine displacement of less than 800 11.16cubic centimeters and total dry weight less than 600 pounds new text begin , and a mini truck has the new text end 11.17 new text begin meaning given in section 169.011, subdivision 40a new text end . 11.18    Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the 11.19form of the application for the permit, require evidence of insurance complying with the 11.20provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent 11.21with the provisions of this section, under which a permit may be granted. Permits may 11.22be granted for a period of not to exceed one year, and may be annually renewed. A 11.23permit may be revoked at any time if there is evidence that the permittee cannot safely 11.24operate the motorized golf cart or new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end on the 11.25designated roadways. The ordinance may require, as a condition to obtaining a permit, 11.26that the applicant submit a certificate signed by a physician that the applicant is able to 11.27safely operate a motorized golf cart or new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end on 11.28the roadways designated. 11.29    Subd. 3. Times of operation. Motorized golf carts and four-wheel all-terrain 11.30vehicles may only be operated on designated roadways from sunrise to sunset. They shall 11.31not be operated in inclement weather or when visibility is impaired by weather, smoke, fog 11.32or other conditions, or at any time when there is insufficient light to clearly see persons 11.33and vehicles on the roadway at a distance of 500 feet. 12.1    Subd. 4. Slow-moving vehicle emblem. Motorized golf carts shall display 12.2the slow-moving vehicle emblem provided for in section 169.522, when operated on 12.3designated roadways. 12.4    Subd. 5. Crossing intersecting highways. The operator, under permit, of a 12.5motorized golf cart or new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end may cross any street or 12.6highway intersecting a designated roadway. 12.7    Subd. 6. Application of traffic laws. Every person operating a motorized golf cart 12.8or new text begin , new text end four-wheel all-terrain vehicle new text begin , or mini truck new text end under permit on designated roadways has 12.9all the rights and duties applicable to the driver of any other vehicle under the provisions 12.10of this chapter, except when those provisions cannot reasonably be applied to motorized 12.11golf carts or new text begin , new text end four-wheel all-terrain vehicles new text begin , or mini trucks new text end and except as otherwise 12.12specifically provided in subdivision 7. 12.13    Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 new text begin are new text end 12.14 new text begin applicable to persons operating mini trucks new text end , new text begin but new text end are not applicable to persons operating 12.15motorized golf carts or four-wheel all-terrain vehicles under permit on designated 12.16roadways pursuant to this section. Except for the requirements of section 169.70, the 12.17provisions of this chapter relating to equipment on vehicles is new text begin are new text end not applicable to 12.18motorized golf carts or four-wheel all-terrain vehicles operating, under permit, on 12.19designated roadways. 12.20    Subd. 8. Insurance. In the event persons operating a motorized golf cart or new text begin , new text end 12.21 four-wheel, all-terrain vehicle new text begin , or mini truck new text end under this section cannot obtain liability 12.22insurance in the private market, that person may purchase automobile insurance, including 12.23no-fault coverage, from the Minnesota Automobile Assigned Risk new text begin Insurance new text end Plan new text begin under new text end 12.24 new text begin sections 65B.01 to 65B.12 new text end at a rate to be determined by the commissioner of commerce. 12.25    Sec. 16. Minnesota Statutes 2008, section 169.045, is amended by adding a subdivision 12.26to read: 12.27     new text begin Subd. 7a. new text end new text begin Required equipment on mini trucks. new text end new text begin Notwithstanding sections 169.48 new text end 12.28 new text begin to 169.68, or any other law, a mini truck may be operated under permit on designated new text end 12.29 new text begin roadways if it is equipped with: new text end 12.30 new text begin (1) at least two headlamps; new text end 12.31 new text begin (2) at least two taillamps; new text end 12.32 new text begin (3) front and rear turn-signal lamps; new text end 12.33 new text begin (4) an exterior mirror mounted on the driver's side of the vehicle and either (i) an new text end 12.34 new text begin exterior mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror; new text end 12.35 new text begin (5) a windshield; new text end 13.1 new text begin (6) a seat belt for the driver and front passenger; and new text end 13.2 new text begin (7) a parking brake. new text end 13.3    Sec. 17. Minnesota Statutes 2008, section 169.15, is amended to read: 13.4169.15 IMPEDING TRAFFIC new text begin ; INTERSECTION GRIDLOCK new text end . 13.5     new text begin Subdivision 1. new text end new text begin Impeding traffic; drive at slow speed. new text end No person shall drive a 13.6motor vehicle at such a slow speed as to impede or block the normal and reasonable 13.7movement of traffic except when reduced speed is necessary for safe operation or in 13.8compliance with law or except when the vehicle is temporarily unable to maintain a greater 13.9speed due to a combination of the weight of the vehicle and the grade of the highway. 13.10     new text begin Subd. 2. new text end new text begin Intersection gridlock; stop or block traffic. new text end new text begin No driver of a motor new text end 13.11 new text begin vehicle shall enter an intersection controlled by a signal light until the vehicle is able to new text end 13.12 new text begin move completely through the intersection without impeding or blocking the subsequent new text end 13.13 new text begin movement of cross traffic, unless such movement is at the direction of a city-authorized new text end 13.14 new text begin traffic-control agent or a police officer or to facilitate passage of an authorized emergency new text end 13.15 new text begin vehicle. A violation of this subdivision does not constitute grounds for suspension or new text end 13.16 new text begin revocation of the violator's driver's license. new text end 13.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2010, and applies to acts new text end 13.18 new text begin committed on or after that date. new text end 13.19    Sec. 18. Minnesota Statutes 2008, section 169.306, is amended to read: 13.20169.306 USE OF SHOULDERS BY BUSES. 13.21(a) The commissioner of transportation may new text begin is authorized to new text end permit the use by transit 13.22buses and Metro Mobility buses of a shoulder new text begin , as designated by the commissioner, new text end of a 13.23freeway or expressway, as defined in section 160.02, in the seven-county metropolitan 13.24area new text begin in Minnesota new text end . 13.25(b) If the commissioner permits the use of a freeway or expressway shoulder by 13.26transit buses, the commissioner shall also permit the use on that shoulder of a bus new text begin (1) new text end with 13.27a seating capacity of 40 passengers or more operated by a motor carrier of passengers, 13.28as defined in section 221.012, subdivision 26, while operating in intrastate commerce new text begin or new text end 13.29 new text begin (2) providing regular route transit service, as defined in section 174.22, subdivision 8, or new text end 13.30 new text begin Metro Mobility services, and operated by or under contract with the Metropolitan Council, new text end 13.31 new text begin a local transit authority, or a transit authority created by the legislature. Drivers of these new text end 13.32 new text begin buses must have adequate training in the requirements of paragraph (c), as determined by new text end 13.33 new text begin the commissioner new text end . 14.1(c) Buses authorized to use the shoulder under this section may be operated on the 14.2shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of 14.3buses being operated on the shoulder may not exceed the speed of main-line traffic by 14.4more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses 14.5being operated on the shoulder must yield to merging, entering, and exiting traffic and 14.6must yield to other vehicles on the shoulder. Buses operated on the shoulder must be 14.7registered with the Department of Transportation. 14.8(d) For the purposes of this section, the term "Metro Mobility bus" means a motor 14.9vehicle of not less than 20 feet in length engaged in providing special transportation 14.10services under section 473.386 that is: 14.11(1) operated by the Metropolitan Council, or operated by new text begin or under contract with new text end a 14.12public or private entity receiving financial assistance new text begin to provide transit services new text end from the 14.13Metropolitan Council new text begin or the commissioner of transportation new text end ; and 14.14(2) authorized by the council new text begin commissioner new text end to use freeway or expressway shoulders. 14.15(e) This section does not apply to the operation of buses on dynamic shoulder lanes. 14.16    Sec. 19. Minnesota Statutes 2008, section 169.71, subdivision 1, as amended by Laws 14.172009, chapter 59, article 5, section 5, is amended to read: 14.18    Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or 14.19operate any motor vehicle with: 14.20(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision; 14.21(2) any objects suspended between the driver and the windshield, other than: 14.22(i) sun visors; 14.23(ii) rearview mirrors; 14.24 new text begin (iii) driver feedback and safety-monitoring equipment when mounted immediately new text end 14.25 new text begin behind, slightly above, or slightly below the rearview mirror; new text end 14.26(iii) new text begin (iv) new text end global positioning systems or navigation systems when mounted or located 14.27near the bottommost portion of the windshield; and 14.28(iv) new text begin (v) new text end electronic toll collection devices; or 14.29(3) any sign, poster, or other nontransparent material upon the front windshield, 14.30sidewings, or side or rear windows of the vehicle, other than a certificate or other paper 14.31required to be so displayed by law or authorized by the state director of the Division of 14.32Emergency Management or the commissioner of public safety. 14.33(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles. 14.34(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles. 14.35    Sec. 20. Minnesota Statutes 2008, section 169.865, subdivision 1, is amended to read: 15.1    Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit 15.2authorizing a vehicle or combination of vehicles with a total of six axles to haul raw or 15.3unprocessed agricultural products and be operated with a gross vehicle weight of up to: 15.4    (1) 90,000 pounds; and 15.5    (2) 99,000 pounds during the period set by the commissioner under section 169.826, 15.6subdivision 1 . 15.7    (b) Notwithstanding subdivision 4 new text begin 3 new text end , paragraph (a), clause (4), a vehicle or 15.8combination of vehicles operated under this subdivision and transporting only sealed 15.9intermodal containers may be operated on an interstate highway if allowed by the United 15.10States Department of Transportation. 15.11    (c) The fee for a permit issued under this subdivision is $300. 15.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 15.13    Sec. 21. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision 15.14to read: 15.15     new text begin Subd. 7. new text end new text begin Cargo tank vehicles. new text end new text begin (a) Weight restrictions imposed by the commissioner new text end 15.16 new text begin under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent new text end 15.17 new text begin axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted new text end 15.18 new text begin roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank. new text end 15.19 new text begin (b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end 15.20 new text begin used for propane must have an operating gauge on the cargo tank that shows the amount of new text end 15.21 new text begin propane as a percent of capacity of the cargo tank. Documentation of the capacity of the new text end 15.22 new text begin cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of new text end 15.23 new text begin this subdivision, propane weighs 4.2 pounds per gallon. new text end 15.24 new text begin (c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end 15.25 new text begin used for dyed fuel oil must utilize the forward two tank compartments and must carry new text end 15.26 new text begin documentation of the empty weight of the cargo tank vehicle from a certified scale in the new text end 15.27 new text begin cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds new text end 15.28 new text begin per gallon. new text end 15.29 new text begin (d) To the extent practicable, cargo tank vehicles that are exempt from weight new text end 15.30 new text begin restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted new text end 15.31 new text begin roads by 12:00 p.m. and before the last week of April. new text end 15.32    Sec. 22. Minnesota Statutes 2008, section 169A.275, subdivision 7, as amended by 15.33Laws 2009, chapter 29, section 1, is amended to read: 15.34    Subd. 7. Exception. (a) A judge is not required to sentence a person as provided 15.35in this section if the judge requires the person as a condition of probation to drive only 16.1motor vehicles equipped with an ignition interlock device meeting the standards described 16.2in section 171.306. 16.3    (b) This subdivision expires July 1, 2011. 16.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 16.5    Sec. 23. Minnesota Statutes 2008, section 171.306, subdivision 1, as amended by Laws 16.62009, chapter 29, section 2, is amended to read: 16.7    Subdivision 1. Pilot project established; reports. The commissioner shall conduct 16.8a statewide two-year ignition interlock device pilot project as provided in this section. 16.9The pilot project must begin on July 1, 2009, and continue until June 30, 2011. The 16.10commissioner shall submit a preliminary report by September 30, 2010, and a final report 16.11by September 30, 2011, to the chairs and ranking minority members of the senate and 16.12house of representatives committees having jurisdiction over criminal justice policy and 16.13funding. The reports must evaluate the successes and failures of the pilot project, provide 16.14information on participation rates, and make recommendations on continuing the project. 16.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 16.16    Sec. 24. Minnesota Statutes 2008, section 171.306, subdivision 3, as amended by Laws 16.172009, chapter 29, section 3, is amended to read: 16.18    Subd. 3. Pilot project components. (a) Under the pilot project, the commissioner 16.19shall issue a driver's license to an individual whose driver's license has been revoked under 16.20chapter 169A for an impaired driving incident if the person qualifies under this section and 16.21agrees to all of the conditions of the project. 16.22    (b) The commissioner must denote the person's driver's license record to indicate the 16.23person's participation in the program. The license must authorize the person to drive only 16.24vehicles having functioning ignition interlock devices conforming with the requirements 16.25of subdivision 2. 16.26    (c) Notwithstanding any statute or rule to the contrary, the commissioner has 16.27authority to and shall determine the appropriate period for which a person participating in 16.28the ignition interlock pilot program shall be subject to this program, and when the person 16.29is eligible to be issued: 16.30    (1) a limited driver's license subject to the ignition interlock restriction; 16.31    (2) full driving privileges subject to the ignition interlock restriction; and 16.32    (3) a driver's license without an ignition interlock restriction. 16.33    (d) A person participating in this pilot project shall agree to participate in any 16.34treatment recommended by a chemical use assessment. 17.1    (e) The commissioner shall determine guidelines for participation in the project. 17.2A person participating in the project shall sign a written agreement accepting these 17.3guidelines and agreeing to comply with them. 17.4    (f) It is a misdemeanor for a person who is licensed under this section for driving 17.5a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 17.6control of a motor vehicle other than a vehicle properly equipped with an ignition 17.7interlock device. 17.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 17.9    Sec. 25. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read: 17.10    Subdivision 1. Department created. In order to provide a balanced new text begin an integrated new text end 17.11transportation system, including new text begin of new text end aeronautics, highways, motor carriers, ports, public 17.12transit, railroads, and pipelines, new text begin and including facilities for walking and bicycling, new text end a 17.13Department of Transportation is created. The department is the principal agency of the 17.14state for development, implementation, administration, consolidation, and coordination of 17.15state transportation policies, plans, and programs. 17.16    Sec. 26. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read: 17.17    Subd. 2. Transportation goals. The goals of the state transportation system are 17.18as follows: 17.19    (1) to provide safe transportation new text begin minimize fatalities and injuries new text end for new text begin transportation new text end 17.20users throughout the state; 17.21    (2) to provide multimodal and intermodal transportation that enhances mobility and 17.22economic development and provides access to all persons and businesses in Minnesota 17.23while ensuring that there is no new text begin facilities and services to increase access for all persons and new text end 17.24 new text begin businesses and to ensure economic well-being and quality of life without new text end undue burden 17.25placed on any community; 17.26    (3) to provide a reasonable travel time for commuters; 17.27    (4) to new text begin enhance economic development and new text end provide for the economical, efficient, and 17.28safe movement of goods to and from markets by rail, highway, and waterway; 17.29    (5) to encourage tourism by providing appropriate transportation to Minnesota 17.30facilities designed to attract tourists new text begin and to enhance the appeal, through transportation new text end 17.31 new text begin investments, of tourist destinations across the state new text end ; 17.32    (6) to provide transit services throughout new text begin to all counties in new text end the state to meet the 17.33needs of transit users; 18.1    (7) to promote productivity new text begin accountability new text end through system new text begin systematic new text end management 18.2 new text begin of system performance new text end and new text begin productivity through new text end the utilization of technological 18.3advancements; 18.4    (8) to maximize the long-term benefits received for each state transportation 18.5investment; 18.6    (9) to provide new text begin for and prioritize new text end funding for new text begin of new text end transportation new text begin investments new text end that, at a 18.7minimum, preserves the transportation infrastructure new text begin ensures that the state's transportation new text end 18.8 new text begin infrastructure is maintained in a state of good repair new text end ; 18.9    (10) to ensure that the planning and implementation of all modes of transportation 18.10are consistent with the environmental and energy goals of the state; 18.11    (11) to promote and increase the use of high-occupancy vehicles and low-emission 18.12vehicles; 18.13    (12) to provide an air transportation system sufficient to encourage economic growth 18.14and allow all regions of the state the ability to participate in the global economy; 18.15    (13) to increase transit use new text begin of transit as a percentage of all trips new text end statewide by giving 18.16highest priority to the transportation modes with the greatest people-moving capacity and 18.17lowest long-term economic and environmental cost; 18.18    (14) to promote and increase bicycling new text begin and walking as a percentage of all trips new text end as an 18.19energy-efficient, nonpolluting, and healthful form new text begin healthy forms new text end of transportation; 18.20    (15) to reduce greenhouse gas emissions from the state's transportation sector; and 18.21    (16) to accomplish these goals with minimal impact on the environment. 18.22    Sec. 27. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read: 18.23    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part 18.24of the department's mission that within the department's resources the commissioner 18.25shall endeavor to: 18.26    (1) prevent the waste or unnecessary spending of public money; 18.27    (2) use innovative fiscal and human resource practices to manage the state's 18.28resources and operate the department as efficiently as possible; 18.29    (3) minimize the degradation of air and new text begin , new text end water quality new text begin , and the climate, including new text end 18.30 new text begin reduction in greenhouse gas emissions new text end ; 18.31    (4) coordinate the department's activities wherever appropriate with the activities 18.32of other governmental agencies; 18.33    (5) use technology where appropriate to increase agency productivity, improve 18.34customer service, increase public access to information about government, and increase 18.35public participation in the business of government; 19.1    (6) utilize constructive and cooperative labor-management practices to the extent 19.2otherwise required by chapters 43A and 179A; 19.3    (7) report to the legislature on the performance of agency operations and the 19.4accomplishment of agency goals in the agency's biennial budget according to section 19.516A.10, subdivision 1 ; and 19.6    (8) recommend to the legislature appropriate changes in law necessary to carry out 19.7the mission and improve the performance of the department. 19.8    Sec. 28. new text begin [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS. new text end 19.9     new text begin Subdivision 1. new text end new text begin Council established. new text end new text begin A Minnesota Council on Transportation new text end 19.10 new text begin Access is established to study, evaluate, oversee, and make recommendations to improve new text end 19.11 new text begin the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of new text end 19.12 new text begin transportation services provided to the transit public. "Transit public" means those persons new text end 19.13 new text begin who utilize public transit and those who, because of mental or physical disability, income new text end 19.14 new text begin status, or age are unable to transport themselves and are dependent upon others for new text end 19.15 new text begin transportation services. new text end 19.16     new text begin Subd. 2. new text end new text begin Duties of council. new text end new text begin In order to accomplish the purposes in subdivision 1, new text end 19.17 new text begin the council shall adopt a biennial work plan that must incorporate the following activities: new text end 19.18 new text begin (1) compile information on existing transportation alternatives for the transit public, new text end 19.19 new text begin and serve as a clearinghouse for information on services, funding sources, innovations, new text end 19.20 new text begin and coordination efforts; new text end 19.21 new text begin (2) identify best practices and strategies that have been successful in Minnesota and new text end 19.22 new text begin in other states for coordination of local, regional, state, and federal funding and services; new text end 19.23 new text begin (3) recommend statewide objectives for providing public transportation services new text end 19.24 new text begin for the transit public; new text end 19.25 new text begin (4) identify barriers prohibiting coordination and accessibility of public new text end 19.26 new text begin transportation services and aggressively pursue the elimination of those barriers; new text end 19.27 new text begin (5) recommend policies and procedures for coordinating local, regional, state, and new text end 19.28 new text begin federal funding and services for the transit public; new text end 19.29 new text begin (6) identify stakeholders in providing services for the transit public, and seek input new text end 19.30 new text begin from them concerning barriers and appropriate strategies; new text end 19.31 new text begin (7) recommend guidelines for developing transportation coordination plans new text end 19.32 new text begin throughout the state; new text end 19.33 new text begin (8) encourage all state agencies participating in the council to purchase trips within new text end 19.34 new text begin the coordinated system; new text end 20.1 new text begin (9) facilitate the creation and operation of transportation brokerages to match new text end 20.2 new text begin riders to the appropriate service, promote shared dispatching, compile and disseminate new text end 20.3 new text begin information on transportation options, and promote regional communication; new text end 20.4 new text begin (10) encourage volunteer driver programs and recommend legislation to address new text end 20.5 new text begin liability and insurance issues; new text end 20.6 new text begin (11) recommend minimum performance standards for delivery of services; new text end 20.7 new text begin (12) identify methods to eliminate fraud and abuse in special transportation services; new text end 20.8 new text begin (13) develop a standard method for addressing liability insurance requirements for new text end 20.9 new text begin transportation services purchased, provided, or coordinated; new text end 20.10 new text begin (14) design and develop a contracting template for providing coordinated new text end 20.11 new text begin transportation services; new text end 20.12 new text begin (15) recommend an interagency uniform contracting and billing and accounting new text end 20.13 new text begin system for providing coordinated transportation services; new text end 20.14 new text begin (16) encourage the design and development of training programs for coordinated new text end 20.15 new text begin transportation services; new text end 20.16 new text begin (17) encourage the use of public school transportation vehicles for the transit public; new text end 20.17 new text begin (18) develop an allocation methodology that equitably distributes transportation new text end 20.18 new text begin funds to compensate units of government and all entities that provide coordinated new text end 20.19 new text begin transportation services; new text end 20.20 new text begin (19) identify policies and necessary legislation to facilitate vehicle sharing; and new text end 20.21 new text begin (20) advocate aggressively for eliminating barriers to coordination, implementing new text end 20.22 new text begin coordination strategies, enacting necessary legislation, and appropriating resources to new text end 20.23 new text begin achieve the council's objectives. new text end 20.24     new text begin Subd. 3. new text end new text begin Membership. new text end new text begin (a) The council is comprised of the following 17 members: new text end 20.25 new text begin (1) two members of the senate appointed by the Subcommittee on Committees of the new text end 20.26 new text begin Committee on Rules and Administration, one of whom must be a member of the minority; new text end 20.27 new text begin (2) two members of the house of representatives, one appointed by the speaker of the new text end 20.28 new text begin house and one appointed by the minority leader; new text end 20.29 new text begin (3) one representative from the Office of the Governor; new text end 20.30 new text begin (4) one representative from the Council on Disability; new text end 20.31 new text begin (5) one representative from the Minnesota Public Transit Association; new text end 20.32 new text begin (6) the commissioner of transportation or a designee; new text end 20.33 new text begin (7) the commissioner of human services or a designee; new text end 20.34 new text begin (8) the commissioner of health or a designee; new text end 20.35 new text begin (9) the chair of the Metropolitan Council or a designee; new text end 20.36 new text begin (10) the commissioner of education or a designee; new text end 21.1 new text begin (11) the commissioner of veterans affairs or a designee; new text end 21.2 new text begin (12) one representative from the Board on Aging; new text end 21.3 new text begin (13) the commissioner of employment and economic development or a designee; new text end 21.4 new text begin (14) the commissioner of commerce or a designee; and new text end 21.5 new text begin (15) the commissioner of finance or a designee. new text end 21.6 new text begin (b) All appointments required by paragraph (a) must be completed by August new text end 21.7 new text begin 1, 2009. new text end 21.8 new text begin (c) The commissioner of transportation or a designee shall convene the first meeting new text end 21.9 new text begin of the council within two weeks after the members have been appointed to the council. new text end 21.10 new text begin The members shall elect a chairperson from their membership at the first meeting. new text end 21.11 new text begin (d) The Department of Transportation and the Department of Human Services shall new text end 21.12 new text begin provide necessary staff support for the council. new text end 21.13     new text begin Subd. 4. new text end new text begin Report. new text end new text begin By January 15 of each year, beginning in 2011, the council shall new text end 21.14 new text begin report its findings, recommendations, and activities to the governor's office and to the new text end 21.15 new text begin chairs and ranking minority members of the legislative committees with jurisdiction new text end 21.16 new text begin over transportation, health, and human services, and to the legislature as provided under new text end 21.17 new text begin section 3.195. new text end 21.18     new text begin Subd. 5. new text end new text begin Compensation. new text end new text begin Members of the council shall receive compensation and new text end 21.19 new text begin reimbursement of expenses as provided in section 15.059, subdivision 3. new text end 21.20     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin This section expires June 30, 2013. new text end 21.21    Sec. 29. Minnesota Statutes 2009, section 174.632, as added by Laws 2009, chapter 21.2236, article 3, section 16, is amended to read: 21.23174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES. 21.24(a) The planning, design, development, construction, operation, and maintenance of 21.25passenger rail track, facilities, and services are governmental functions, serve a public 21.26purpose, and are a matter of public necessity. 21.27(b) The commissioner is responsible for all aspects of planning, designing, 21.28developing, constructing, equipping, operating, and maintaining passenger rail, including 21.29system planning, alternatives analysis, environmental studies, preliminary engineering, 21.30final design, construction, negotiating with railroads, and developing financial and 21.31operating plans. 21.32(c) The commissioner may enter into a memorandum of understanding or agreement 21.33with a public or private entity, including a regional railroad authority, a joint powers board, 21.34and a railroad, to carry out these activities. 22.1 new text begin (d) The commissioner shall preserve all railroad employee rights under the Railway new text end 22.2 new text begin Labor Act, Federal Employers Liability Act, and Railroad Retirement and Unemployment new text end 22.3 new text begin Insurance Act, and federal railroad safety, occupational safety, and health laws. new text end 22.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.5    Sec. 30. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read: 22.6    Subd. 5. Commuter Rail Corridor Coordinating Committee. (a) A Commuter 22.7Rail Corridor Coordinating Committee shall be new text begin is new text end established to advise the commissioner 22.8on issues relating to the alternatives analysis, environmental review, advanced corridor 22.9planning, preliminary engineering, final design, implementation method, construction of 22.10commuter rail, public involvement, land use, service, and safety. The Commuter Rail 22.11Corridor Coordinating Committee shall consist of: 22.12(1) one member representing each significant funding partner in whose jurisdiction 22.13the line or lines are located; 22.14(2) one member appointed by each county in which the corridors are located; 22.15(3) one member appointed by each city in which advanced corridor plans indicate 22.16that a station may be located; 22.17(4) two members appointed by the commissioner, one of whom shall be designated 22.18by the commissioner as the chair of the committee; 22.19(5) one member appointed by each metropolitan planning organization through 22.20which the commuter rail line may pass; and 22.21(6) one member appointed by the president of the University of Minnesota, if a 22.22designated corridor provides direct service to the university. new text begin ; and new text end 22.23 new text begin (7) two ex-officio members who are members of labor organizations operating new text end 22.24 new text begin in, and with authority for, trains or rail yards or stations junctioning with freight and new text end 22.25 new text begin commuter rail lines on corridors, with one member appointed by the speaker of the house new text end 22.26 new text begin and the other member appointed by the senate Rules and Administration Subcommittee new text end 22.27 new text begin on Committees. new text end 22.28(b) A joint powers board existing on April 1, 1999, consisting of local governments 22.29along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in 22.30place of the committee. 22.31(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire. 22.32    Sec. 31. Minnesota Statutes 2008, section 219.01, is amended to read: 22.33219.01 TRACK SAFETY STANDARDS new text begin ; SAFETY TECHNOLOGY GRANTS new text end . 23.1 new text begin (a) new text end The track safety standards of the United States Department of Transportation and 23.2Federal Railroad Administration apply to railroad trackage and are the standards for the 23.3determination of unsafe trackage within the state. 23.4 new text begin (b) The commissioner of transportation shall apply to the Federal Railroad new text end 23.5 new text begin Administration under Public Law 110-432, the Railroad Safety Enhancement Act of new text end 23.6 new text begin 2008 (the act), for (1) railroad safety technology grant funding available under section new text end 23.7 new text begin 105 of the act and (2) development and installation of rail safety technology, including new text end 23.8 new text begin provision for switch position indicator signals in nonsignalized main track territory, new text end 23.9 new text begin under section 406 of the act. The commissioner shall respond and make application to new text end 23.10 new text begin the Federal Railroad Administration notice of funds availability under the Rail Safety new text end 23.11 new text begin Assurance Act in a timely manner and before the date of the program deadline to assure new text end 23.12 new text begin full consideration of the application. The commissioner shall (i) prioritize grant requests new text end 23.13 new text begin for the installation of switch indicator signals on all segments of nonsignalized track new text end 23.14 new text begin where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in new text end 23.15 new text begin each year after 2009 until all nonsignalized track territory in the state has switch indicator new text end 23.16 new text begin signals installed and in operation. new text end 23.17 new text begin (c) Prior to applying for funds under paragraph (b), the commissioner shall solicit new text end 23.18 new text begin grant requests from all eligible railroads. The commissioner shall submit written notice to new text end 23.19 new text begin the chairs of the legislative committees with jurisdiction over transportation policy and new text end 23.20 new text begin finance of an acceptance by a class I or class II railroad of federal grant program funding new text end 23.21 new text begin for switch point indicator monitor systems. new text end 23.22 new text begin (d) Participating railroads shall provide the 20 percent nonfederal match. Railroads new text end 23.23 new text begin shall provide all technical documentation requested by the commissioner and required by new text end 23.24 new text begin the Federal Railroad Administration for the applications under paragraph (b). Railroads new text end 23.25 new text begin are responsible for developing, acquiring, and installing all rail safety technology obtained new text end 23.26 new text begin under this section in accordance with requirements established by the Federal Railroad new text end 23.27 new text begin Administration. new text end 23.28    Sec. 32. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision 23.29to read: 23.30     new text begin Subd. 27a. new text end new text begin Motor carrier of railroad employees. new text end new text begin "Motor carrier of railroad new text end 23.31 new text begin employees" means a motor carrier engaged in the for-hire transportation of railroad new text end 23.32 new text begin employees of a class I or II common carrier, as defined in Code of Federal Regulations, new text end 23.33 new text begin title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with new text end 23.34 new text begin a common carrier, as defined in section 218.011, subdivision 10. new text end 23.35    Sec. 33. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read: 24.1    Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service" 24.2means a service provided by a person engaged in the for-hire transportation of passengers 24.3in a vehicle designed to transport seven or fewer persons, including the driver. 24.4(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small 24.5vehicle passenger service" also includes for-hire transportation of persons who are certified 24.6by the Metropolitan Council to use special transportation service provided under section 24.7473.386 , in a vehicle designed to transport not more than 15 persons including the driver, 24.8that is equipped with a wheelchair lift and at least three wheelchair securement positions. 24.9 new text begin (c) "Small vehicle passenger service" does not include a motor carrier of railroad new text end 24.10 new text begin employees. new text end 24.11    Sec. 34. new text begin [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES. new text end 24.12 new text begin (a) A motor carrier of railroad employees must meet the requirements specified in new text end 24.13 new text begin this section, is subject to section 221.291, and is otherwise exempt from the provisions new text end 24.14 new text begin of this chapter. new text end 24.15 new text begin (b) A vehicle operator for a motor carrier of railroad employees who transports new text end 24.16 new text begin passengers must: new text end 24.17 new text begin (1) have a valid driver's license under chapter 171; and new text end 24.18 new text begin (2) submit to a physical examination. new text end 24.19 new text begin (c) The carrier must implement a policy that provides for annual training and new text end 24.20 new text begin certification of the operator in: new text end 24.21     new text begin (1) safe operation of the vehicle transporting railroad employees; new text end 24.22     new text begin (2) knowing and understanding relevant laws, rules of the road, and safety policies; new text end 24.23     new text begin (3) handling emergency situations; new text end 24.24 new text begin (4) proper use of seat belts; new text end 24.25     new text begin (5) performance of pretrip and post-trip vehicle inspections, and inspection record new text end 24.26 new text begin keeping; and new text end 24.27 new text begin (6) proper maintenance of required records. new text end 24.28 new text begin (d) The carrier must: new text end 24.29 new text begin (1) perform a background check or background investigation of the operator; new text end 24.30 new text begin (2) annually verify the operator's driver's license; new text end 24.31 new text begin (3) document meeting the requirements in this subdivision, and maintain the file new text end 24.32 new text begin at the carrier's business location; new text end 24.33 new text begin (4) maintain liability insurance in a minimum amount of $5,000,000 regardless new text end 24.34 new text begin of the seating capacity of the vehicle; and new text end 24.35 new text begin (5) maintain uninsured and underinsured coverage in a minimum amount of new text end 24.36 new text begin $1,000,000. new text end 25.1 new text begin If a party contracts with the motor carrier on behalf of the railroad to transport the railroad new text end 25.2 new text begin employees, then the insurance requirements may be satisfied by either that party or the new text end 25.3 new text begin motor carrier, so long as the motor carrier is a named insured or additional insured under new text end 25.4 new text begin any policy. new text end 25.5     new text begin (e) A person who sustains a conviction of violating section new text end new text begin , new text end new text begin , new text end 25.6 new text begin , or new text end new text begin , or whose driver's license is revoked under sections new text end new text begin to new text end 25.7 new text begin of the implied consent law, or who is convicted of or has their driver's license new text end 25.8 new text begin revoked under a similar statute or ordinance of another state, may not operate a vehicle new text end 25.9 new text begin under this subdivision for five years from the date of conviction. A person who sustains a new text end 25.10 new text begin conviction of a moving offense in violation of chapter 169 within three years of the first new text end 25.11 new text begin of three other moving offenses may not operate a vehicle under this subdivision for one new text end 25.12 new text begin year from the date of the last conviction. A person who has ever been convicted of a new text end 25.13 new text begin disqualifying offense as defined in section new text end new text begin 171.3215, subdivision 1 new text end new text begin , paragraph (c), may new text end 25.14 new text begin not operate a vehicle under this subdivision. new text end 25.15 new text begin (f) An operator who sustains a conviction as described in paragraph (e) while new text end 25.16 new text begin employed by the carrier shall report the conviction to the carrier within ten days of the new text end 25.17 new text begin date of the conviction. new text end 25.18 new text begin (g) A carrier must implement a mandatory alcohol and controlled substance testing new text end 25.19 new text begin program as provided under sections 181.950 to 181.957 that consists of preemployment new text end 25.20 new text begin testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty new text end 25.21 new text begin testing, and follow-up testing. new text end 25.22 new text begin (h) A motor carrier of railroad employees shall not allow or require a driver to drive new text end 25.23 new text begin or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours new text end 25.24 new text begin of combined on-duty time and drive time since last obtaining eight consecutive hours of new text end 25.25 new text begin off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive new text end 25.26 new text begin days. After 24 hours off duty, a driver begins a new seven consecutive day period and new text end 25.27 new text begin on-duty time is reset to zero. new text end 25.28 new text begin (i) An operator who encounters an emergency and cannot, because of that new text end 25.29 new text begin emergency, safely complete a transportation assignment within the ten-hour maximum new text end 25.30 new text begin driving time permitted under paragraph (h), may drive for not more than two additional new text end 25.31 new text begin hours in order to complete that transportation assignment or to reach a place offering new text end 25.32 new text begin safety for the occupants of the vehicle and security for the transport motor vehicle, if the new text end 25.33 new text begin transportation assignment reasonably could have been completed within the ten-hour new text end 25.34 new text begin period absent the emergency. new text end 25.35 new text begin (j) A carrier shall maintain and retain for a period of six months accurate time new text end 25.36 new text begin records that show the time the driver reports for duty each day; the total number of hours new text end 26.1 new text begin of on-duty time for each driver for each day; the time the driver is released from duty each new text end 26.2 new text begin day; and the total number of hours driven each day. new text end 26.3 new text begin (k) For purposes of this subdivision, the following terms have the meanings given: new text end 26.4 new text begin (1) "conviction" has the meaning given in section 609.02; and new text end 26.5 new text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a new text end 26.6 new text begin contract carrier or on any public property waiting to be dispatched. "On-duty time" new text end 26.7 new text begin includes time spent inspecting, servicing, or conditioning the vehicle. new text end 26.8 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (d), clause (5), is effective July 1, 2010. new text end 26.9    Sec. 35. Minnesota Statutes 2008, section 360.031, is amended to read: 26.10360.031 DEFINITION OF MUNICIPALITY. 26.11    For the purposes of sections 360.031 to new text begin 360.074 new text end , (except section 360.042), 26.12"municipality" means any county, city, town, or airport authority of this state. 26.13    Sec. 36. Minnesota Statutes 2008, section 360.0425, is amended to read: 26.14360.0425 GENERAL POWERS OF AUTHORITY. 26.15    An airport authority created under section 360.0426 has all the powers granted a 26.16municipality under sections 360.032 to new text begin 360.074 new text end . 26.17    Sec. 37. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read: 26.18    Subd. 2a. Hardship new text begin Loans for new text end acquisition and relocation. (a) The council may 26.19make hardship loans to acquiring authorities within the metropolitan area to purchase 26.20homestead property located in a proposed state trunk highway right-of-way or project, 26.21and to provide relocation assistance. Acquiring authorities are authorized to accept the 26.22loans and to acquire the property. Except as provided in this subdivision, the loans shall 26.23be made as provided in subdivision 2. Loans shall be in the amount of the fair market 26.24value of the homestead property plus relocation costs and less salvage value. Before 26.25construction of the highway begins, the acquiring authority shall convey the property to 26.26the commissioner of transportation at the same price it paid, plus relocation costs and less 26.27its salvage value. Acquisition and assistance under this subdivision must conform to 26.28sections 117.50 to 117.56. 26.29(b) The council may make hardship loans only when: 26.30(1) the owner of affected homestead property requests acquisition and relocation 26.31assistance from an acquiring authority; 26.32(2) federal or state financial participation is not available; 26.33(3) the owner is unable to sell the homestead property at its appraised market 26.34value because the property is located in a proposed state trunk highway right-of-way or 27.1project as indicated on an official map or plat adopted under section 160.085, 394.361, or 27.2462.359 ; new text begin and new text end 27.3(4) the council agrees to and approves the fair market value of the homestead 27.4property, which approval shall not be unreasonably withheld; and new text begin . new text end 27.5(5) the owner of the homestead property is burdened by circumstances that constitute 27.6a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by 27.7the owner's employer to a distant site of employment; or inability of the owner to maintain 27.8the property due to physical or mental disability or the permanent departure of children 27.9from the homestead. 27.10(c) For purposes of this subdivision, the following terms have the meanings given 27.11them. 27.12(1) "Acquiring authority" means counties, towns, and statutory and home rule 27.13charter cities in the metropolitan area. 27.14(2) "Homestead property" means a single-family dwelling occupied by the owner, 27.15and the surrounding land, not exceeding a total of ten acres. 27.16(3) "Salvage value" means the probable sale price of the dwelling and other property 27.17that is severable from the land if offered for sale on the condition that it be removed from 27.18the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge 27.19of the possible uses of the property, including separate use of serviceable components and 27.20scrap when there is no other reasonable prospect of sale. 27.21    Sec. 38. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read: 27.22    Subd. 5. Use of public roadways and appurtenances. The council may use for the 27.23purposes of sections 473.405 to 473.449 upon the conditions stated in this subdivision 27.24any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or 27.25other appurtenance of a roadway, without payment of any compensation, provided the 27.26use does not interfere unreasonably with the public use or maintenance of the roadway or 27.27appurtenance or entail any substantial additional costs for maintenance. The provisions of 27.28this subdivision do not apply to the property of any common carrier railroad or common 27.29carrier railroads. The consent of the public agency in charge of such state highway or other 27.30public highway or roadway or appurtenance is not required; except that if the council seeks 27.31to use a designated parkway for regular route service in the city of Minneapolis, it must 27.32obtain permission from and is subject to reasonable limitations imposed by a joint board 27.33consisting of two representatives from the council, two members of the board of park 27.34commissioners, and a fifth member jointly selected by the representatives of the council 27.35and the park new text begin other members of the new text end board. new text begin If the use is a designated Minneapolis parkway new text end 27.36 new text begin for regular route service adjacent to the city of Minneapolis, it must obtain permission new text end 28.1 new text begin from and is subject to reasonable limitations imposed by a joint board consisting of two new text end 28.2 new text begin representatives from the council, two members of the board of park commissioners, and a new text end 28.3 new text begin fifth member jointly selected by other members of the board. The joint board must include new text end 28.4 new text begin a nonvoting member appointed by the council of the city in which the parkway is located. new text end 28.5The board of park commissioners and the council may designate persons to sit on 28.6the joint board. In considering a request by the council to use designated parkways for 28.7additional routes or trips, the joint board consisting of the council or their designees, 28.8the board of park commissioners or their designees, and the fifth member, shall base its 28.9decision to grant or deny the request based on the criteria to be established by the joint 28.10board. The decision to grant or deny the request must be made within 45 days of the 28.11date of the request. The park board must be notified immediately by the council of any 28.12temporary route detours. If the park board objects to the temporary route detours within 28.13five days of being notified, the joint board must convene and decide whether to grant the 28.14request, otherwise the request is deemed granted. If the agency objects to the proposed 28.15use or claims reimbursement from the council for additional cost of maintenance, it may 28.16commence an action against the council in the district court of the county wherein the 28.17highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings 28.18in the action must conform to the Rules of Civil Procedure applicable to the district courts. 28.19The court shall sit without jury. If the court determines that the use in question interferes 28.20unreasonably with the public use or maintenance of the roadway or appurtenance, it shall 28.21enjoin the use by the council. If the court determines that the use in question does not 28.22interfere unreasonably with the public use or maintenance of the roadway or appurtenance, 28.23but that it entails substantial additional maintenance costs, the court shall award judgment 28.24to the agency for the amount of the additional costs. Otherwise the court shall award 28.25judgment to the council. An aggrieved party may appeal from the judgment of the district 28.26court in the same manner as is provided for such appeals in other civil actions. The council 28.27may also use land within the right-of-way of any state highway or other public roadway 28.28for the erection of traffic control devices, other signs, and passenger shelters upon the 28.29conditions stated in this subdivision and subject only to the approval of the commissioner 28.30of transportation where required by statute, and subject to the express provisions of other 28.31applicable statutes and to federal requirements where necessary to qualify for federal aid. 28.32    Sec. 39. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read: 28.33    Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle 28.34at the request of a law enforcement officer shall have a lien on the motor vehicle for the 28.35value of the storage and towing and the right to retain possession of the motor vehicle 28.36until the lien is lawfully discharged. This section does not apply to tows authorized 29.1in section 169.041, subdivision 4, clause (1) new text begin of vehicles parked in violation of snow new text end 29.2 new text begin emergency regulations new text end . 29.3    Sec. 40. Laws 2008, chapter 287, article 1, section 118, is amended to read: 29.4    Sec. 118. STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS. 29.5    (a) The commissioner of transportation shall conduct a study in consultation with 29.6other state agencies and key stakeholders to evaluate the current and long-range needs of 29.7the state's transportation system, and investigate possible strategies to meet these needs. 29.8    (b) The study must include, but is not limited to: 29.9    (1) evaluation of the current needs of the state's highway systems, bridges, and 29.10transit; 29.11    (2) analysis and quantification of the needs for the next 20 years of the state's 29.12highway systems, bridges, and transit; 29.13    (3) comparison of estimates of revenues raised by current transportation funding 29.14sources, with long-term needs of the state's transportation system; 29.15    (4) identification of options for maintenance and improvement of the state's 29.16transportation system with specific reference to the effects of potential increases in vehicle 29.17fuel economy, availability of alternative modes of transportation, and extreme fuel price 29.18volatility on future transportation revenues; 29.19    (5) analysis of alternative pricing options utilized in other states and countries, 29.20and their potential for use, public acceptance, alleviation of congestion, and revenue 29.21generation in this state; and 29.22    (6) identification of options for road-use pricing, other alternative financing 29.23mechanisms with particular consideration of key environmental impacts such as air 29.24quality, water quality, and greenhouse gas emissions, and estimates of implementation 29.25costs, user costs, and revenue new text begin ; and new text end 29.26 new text begin (7) analysis of the potential impact of recent and forecast demographic, new text end 29.27 new text begin socioeconomic, and travel trends on systemwide travel demand and the impact of new text end 29.28 new text begin changing travel demand on: new text end 29.29 new text begin (i) transportation system needs, including infrastructure, facilities, and services; new text end 29.30 new text begin (ii) air pollution; and new text end 29.31     new text begin (iii) future transportation revenues new text end . 29.32 new text begin The analysis required in clause (7) must take into account variability among the new text end 29.33 new text begin department's districts and must consider findings from the 2008 National Household new text end 29.34 new text begin Travel Survey. The commissioner shall collaborate with the Metropolitan Council on the new text end 29.35 new text begin council's land use and planning resources report to help determine how land use variability new text end 29.36 new text begin may play a role in future travel demand. new text end 30.1    (c) The commissioner shall report the results of the study to the legislature no later 30.2than November 1, 2009 new text begin January 15, 2010 new text end . 30.3    Sec. 41. Laws 2008, chapter 287, article 1, section 122, is amended to read: 30.4    Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD 30.5EXTINGUISHMENT. 30.6    (a) Any extinguishment of town interest in a town road under Minnesota Statutes, 30.7section 164.06, subdivision 2, is hereby nullified if: 30.8    (1) the interest was not recorded or filed with the county recorder but was recorded 30.9or filed with the county auditor prior to 1972; 30.10    (2) the state or a political subdivision has constructed new text begin or funded new text end a road or bridge 30.11improvement on a right-of-way affected by the interest; 30.12    (3) the affected road was the only means of access to a property; 30.13    (4) the extinguishment took place within the last ten years; and 30.14    (5) a person whose only access to property was lost because of the extinguishment 30.15files a petition of a nullification with the town board stating that the person's property 30.16became landlocked because of the extinguishment and that the road satisfies all of the 30.17requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or 30.18recorded with the county auditor must be attached to the petition. The town shall file the 30.19petition with the county auditor and record it with the county recorder. 30.20    (b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and 30.21541.023 , for any nullification under paragraph (a), the affected road is hereby deemed to 30.22be a cartway. No additional damages or other payments may be required other than those 30.23paid at the time the fee interest was originally acquired and the order filed with the county 30.24auditor. A cartway created by this paragraph may be converted to a private driveway 30.25under Minnesota Statutes, section 164.08, subdivision 2. 30.26    (c) For purposes of this section, "affected road" means the road in which the town 30.27board extinguished its interest. 30.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.29    Sec. 42. new text begin TRUNK HIGHWAY 19 CLOSURE IN NEW PRAGUE. new text end 30.30 new text begin The commissioner of transportation shall annually authorize the city of New Prague new text end 30.31 new text begin to close Route No. 100, signed as Trunk Highway 19 on the effective date of this section, new text end 30.32 new text begin from the intersection with Route No. 13, signed as Trunk Highways 13 and 21 on the new text end 30.33 new text begin effective date of this section, to 10th Avenue SE, located in the city of New Prague. The new text end 30.34 new text begin closure under this section is limited to one weekend in the month of September of each new text end 30.35 new text begin year, and is for the city's annual Dozinky Festival. The commissioner shall (1) establish new text end 31.1 new text begin reasonable requirements for traffic flow, traffic control devices, and safety related to new text end 31.2 new text begin implementation of an appropriate detour route; and (2) allow the road closure from 5:30 new text end 31.3 new text begin p.m. on Friday until 6:00 a.m. on Sunday. new text end 31.4    Sec. 43. new text begin ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR new text end 31.5 new text begin CITY OF FARMINGTON. new text end 31.6 new text begin Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the new text end 31.7 new text begin commissioner of public safety, limiting sites for the office of deputy registrar based new text end 31.8 new text begin on either the distance to an existing deputy registrar office or the annual volume of new text end 31.9 new text begin transactions processed by any deputy registrar, the commissioner of public safety shall new text end 31.10 new text begin appoint a municipal deputy registrar of motor vehicles for the city of Farmington to new text end 31.11 new text begin operate a new full-service Office of Deputy Registrar, with full authority to function new text end 31.12 new text begin as a registration and motor vehicle tax collection bureau, at the city hall in the city of new text end 31.13 new text begin Farmington. All other provisions regarding the appointment and operation of a deputy new text end 31.14 new text begin registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota new text end 31.15 new text begin Rules, chapter 7406, apply to the office. new text end 31.16 new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end new text begin This section is effective the day after new text end 31.17 new text begin the governing body of the city of Farmington and its chief clerical officer timely complete new text end 31.18 new text begin their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 31.19    Sec. 44. new text begin ENVIRONMENTAL IMPACT STATEMENT COMPLETION. new text end 31.20     new text begin Subdivision 1. new text end new text begin Highway 14; New Ulm to Highway 6 segment. new text end new text begin By December new text end 31.21 new text begin 31, 2010, the commissioner of transportation shall submit the final environmental new text end 31.22 new text begin impact statement for the segment of marked Trunk Highway 14 from the City of New new text end 31.23 new text begin Ulm to County State-Aid Highway 6 in the county of Nicollet to the Federal Highway new text end 31.24 new text begin Administration in the United States Department of Transportation. new text end 31.25     new text begin Subd. 2. new text end new text begin Highway 14; Highway 218 to Highway 56 segment. new text end new text begin By May 31, 2010, new text end 31.26 new text begin the commissioner of transportation shall submit the final environmental impact statement new text end 31.27 new text begin for the segment of marked Trunk Highway 14 from its intersection with marked Trunk new text end 31.28 new text begin Highway 218 in Owatonna to marked Trunk Highway 56 in Dodge Center to the Federal new text end 31.29 new text begin Highway Administration in the United States Department of Transportation. new text end 31.30     new text begin Subd. 3. new text end new text begin Monthly report. new text end new text begin If the commissioner of transportation does not meet the new text end 31.31 new text begin requirements of subdivision 1 or 2, the commissioner must report monthly, by the 15th of new text end 31.32 new text begin each month in writing, to the chairs and ranking members of the standing committees of new text end 31.33 new text begin the house of representatives and senate having jurisdiction over transportation issues, and new text end 31.34 new text begin post on the department's Web site the following information: new text end 32.1 new text begin (1) the stage of the environmental impact statement process in which the department new text end 32.2 new text begin failed to meet the environmental impact statement submission deadline specified in new text end 32.3 new text begin subdivision 1 or 2; new text end 32.4 new text begin (2) the cause of the department's failure to meet the environmental impact statement new text end 32.5 new text begin submission deadline; new text end 32.6 new text begin (3) the estimated time needed to resolve the cause of the failure to meet the new text end 32.7 new text begin environmental impact statement submission deadline; and new text end 32.8 new text begin (4) the revised date of completing and submitting the environmental impact new text end 32.9 new text begin statement, if applicable. new text end 32.10 new text begin Monthly reports required under this subdivision must begin January 15, 2011, if the new text end 32.11 new text begin deadline specified in subdivision 1 is not met, and June 15, 2010, if the deadline specified new text end 32.12 new text begin in subdivision 2 is not met. The monthly reports must continue and be updated to reflect new text end 32.13 new text begin new information until the required environmental impact statements are submitted to the new text end 32.14 new text begin United States Department of Transportation. new text end 32.15     new text begin Subd. 4. new text end new text begin Resources. new text end new text begin The commissioner shall perform the duties required under this new text end 32.16 new text begin section within existing appropriations allocated to transportation districts 6 and 7. new text end 32.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 32.18    Sec. 45. new text begin RAIL GRANT FUNDING APPLICATION. new text end 32.19 new text begin The commissioner of transportation shall work in cooperation with the state of new text end 32.20 new text begin Wisconsin to prepare and submit timely application for grant funding relating to the new text end 32.21 new text begin planning, design, development, and construction of a high-speed passenger rail line new text end 32.22 new text begin connecting Chicago, La Crosse, and the Twin Cities including the Union Depot Concourse new text end 32.23 new text begin Multimodal Transit Hub. new text end 32.24    Sec. 46. new text begin REPEALER. new text end 32.25 new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355, new text end 32.26 new text begin subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18, new text end new text begin are repealed. new text end 32.27 new text begin (b) new text end new text begin Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, new text end new text begin are repealed. new text end 32.28    Sec. 47. new text begin EFFECTIVE DATE. new text end 32.29 new text begin Sections 13, 15, and 16 are effective August 1, 2009, and expire July 31, 2012. new text end " 32.30Delete the title and insert: 32.31"A bill for an act 32.32relating to transportation; modifying or adding provisions relating to 32.33transportation construction impacts on business, rest areas, highways, bridges, 32.34deputy registrars, vehicles, fees, impounds, mini trucks, towing, intersection 32.35gridlock, bus operation, various traffic regulations, cargo tank vehicle weight 32.36exemptions, transportation department goals and mission, a Minnesota Council 33.1of Transportation Access, a Commuter Rail Corridor Coordinating Committee, 33.2railroad track safety, motor carriers of railroad employees, airport authorities, 33.3property acquisition for highways, transit, town road interest extinguishment 33.4nullification, closure of highway 19, submission of final environmental impact 33.5statements regarding highways, and rail grant funding; requiring study and 33.6reports; making technical and clarifying changes;amending Minnesota Statutes 33.72008, sections 160.165, as added; 161.14, subdivision 62, as added, by adding 33.8subdivisions; 165.14, subdivisions 4, 5; 168.33, subdivisions 2, 7; 168B.06, 33.9subdivision 1; 168B.07, subdivision 3; 169.011, by adding a subdivision; 33.10169.041, subdivision 5; 169.045; 169.15; 169.306; 169.71, subdivision 1, as 33.11amended; 169.865, subdivision 1; 169.87, by adding a subdivision; 169A.275, 33.12subdivision 7, as amended; 171.306, subdivisions 1, as amended, 3, as amended; 33.13174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.632, as added; 174.86, 33.14subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision; 33.15360.031; 360.0425; 473.167, subdivision 2a; 473.411, subdivision 5; 514.18, 33.16subdivision 1a; Laws 2008, chapter 287, article 1, sections 118; 122; proposing 33.17coding for new law in Minnesota Statutes, chapters 160; 174; 221; repealing 33.18Minnesota Statutes 2008, sections 13.721, subdivision 4; 169.041, subdivisions 33.193, 4; 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 33.2017, 18." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Frank Hornstein, Marsha Swails, Terry Morrow, Bobby Joe Champion, Dean UrdahlSenate Conferees: (Signed) Steve Murphy, D. Scott Dibble, Dick Day, John Doll, Katie Sieben 34.1 We request the adoption of this report and repassage of the bill. 34.2 House Conferees:(Signed) 34.3 ..... ..... 34.4 Frank Hornstein Marsha Swails 34.5 ..... ..... 34.6 Terry Morrow Bobby Joe Champion 34.7 ..... 34.8 Dean Urdahl 34.9 Senate Conferees:(Signed) 34.10 ..... ..... 34.11 Steve Murphy D. Scott Dibble 34.12 ..... ..... 34.13 Dick Day John Doll 34.14 ..... 34.15 Katie Sieben