1.1A bill for an act1.2relating to transportation; providing for mitigation of transportation construction 1.3impacts on business; designating the Granite City Crossing; including pedestrian 1.4and bicycle components in bridge improvement program; removing sunset of 1.5corporate deputy registrars; authorizing deputy registrars to collect surcharges 1.6on credit card transactions; amending eligibility for impounded vehicle 1.7contents retrieval; removing four-hour towing waiting period; imposing petty 1.8misdemeanor for blocking intersection; allowing certain GPS and safety-tracking 1.9devices on windshields; modifying weight restriction provisions for cargo 1.10tank vehicles; providing for enhanced driver's license; modifying driving 1.11after suspension provisions; expanding DWI ignition interlock device pilot 1.12program; modifying transportation department goals; requiring feasibility 1.13study of transit service in Little Crow and Sioux Trail transit ways; requiring 1.14commissioner of transportation to implement policies to assist in reducing 1.15greenhouse gas emissions; establishing council on transportation access; 1.16identifying commissioner of transportation duties for passenger rail; requiring 1.17commissioner to apply for railroad safety technology grants; regulating motor 1.18carriers of railroad employees; modifying procedures for transit use of designated 1.19Minneapolis parkways; providing for additional deputy registrar in Farmington; 1.20requiring commissioner of transportation to submit certain environmental impact 1.21statements; requiring feasibility study of commuter rail in Sioux Trail Line; 1.22directing commissioner of transportation to study mandatory 24-hour vehicle 1.23lighting; directing commissioner of transportation to issue permits for new 1.24interchange in Rochester; requiring report; authorizing rulemaking;amending 1.25Minnesota Statutes 2008, sections 161.14, by adding a subdivision; 165.14, 1.26subdivisions 4, 5; 168.33, subdivisions 2, 7; 168B.06, subdivision 1; 168B.07, 1.27subdivision 3; 169.041, subdivision 5; 169.15; 169.71, subdivision 1; 169.87, by 1.28adding a subdivision; 169A.275, subdivision 7, as amended; 171.01, by adding 1.29subdivisions; 171.04, by adding a subdivision; 171.06, subdivisions 1, 2, 3, 6; 1.30171.07, subdivision 3, by adding subdivisions; 171.071, by adding a subdivision; 1.31171.18, subdivision 1; 171.24, by adding a subdivision; 171.306, subdivisions 1.321, as amended, 3, as amended; 174.01, subdivisions 1, 2; 174.02, subdivision 1.331a; 174.03, subdivision 1b; 219.01; 221.012, subdivision 38, by adding a 1.34subdivision; 473.411, subdivision 5; 514.18, subdivision 1a; proposing coding 1.35for new law in Minnesota Statutes, chapters 160; 174; 221; repealing Minnesota 1.36Statutes 2008, sections 13.721, subdivision 4; 169.041, subdivisions 3, 4; 1.37221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.1.38BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:2.1    Section 1. [160.165] MITIGATION OF TRANSPORTATION CONSTRUCTION 2.2IMPACTS ON BUSINESS.2.3    Subdivision 1.Definitions.For the purposes of this section, the following terms 2.4have the meanings given:2.5(1) "project" means construction work to maintain, construct, reconstruct, or 2.6improve a street or highway or for a rail transit project;2.7(2) "substantial business impacts" means impairment of road access, parking, or 2.8visibility for one or more business establishments as a result of a project, for a minimum 2.9period of one month; and2.10(3) "transportation authority" means the commissioner, as to trunk highways; the 2.11county board, as to county state-aid highways and county highways; the town board, as 2.12to town roads; statutory or home rule charter cities, as to city streets; the Metropolitan 2.13Council, for rail transit projects located entirely within the metropolitan area as defined in 2.14section 473.121, subdivision 2; and the commissioner, for all other rail transit projects.2.15    Subd. 2.Business liaison.(a) Before beginning construction work on a project, 2.16a transportation authority shall identify whether the project is anticipated to include 2.17substantial business impacts. For such projects, the transportation authority shall designate 2.18an individual to serve as business liaison between the transportation authority and affected 2.19businesses.2.20(b) The business liaison shall consult with affected businesses before and 2.21during construction to investigate means of mitigating project impacts to businesses. 2.22The mitigation considered must include signage. The business liaison shall provide 2.23information to the identified businesses before and during construction, concerning project 2.24duration and timetables, lane and road closures, detours, access impacts, customer parking 2.25impacts, visibility, noise, dust, vibration, and public participation opportunities.2.26    Subd. 3.Exception.This section does not apply to construction work in connection 2.27with the Central Corridor light rail or transit line that will connect downtown Minneapolis 2.28and downtown St. Paul.2.29    Sec. 2. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 2.30to read:2.31    Subd. 64.Granite City Crossing.The bridge over the Mississippi River on marked 2.32Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner 2.33of transportation shall adopt a suitable design to mark this bridge and erect appropriate 2.34signs, subject to section 161.139.3.1    Sec. 3. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:3.2    Subd. 4.  Prioritization of bridge projects. (a) The commissioner shall classify all 3.3bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless 3.4the commissioner identifies a reason for proceeding otherwise, before commencing bridge 3.5projects in a lower tier, all bridge projects within a higher tier must to the extent feasible 3.6be selected and funded in the approved state transportation improvement program, at 3.7any stage in the project development process, solicited for bids, in contract negotiation, 3.8under construction, or completed. 3.9    (b) The classification of each tier is as follows: 3.10    (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic 3.11count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is 3.12identified by the commissioner as a priority project; 3.13    (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as 3.14fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and 3.15    (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge. 3.16    (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program 3.17must be under contract for repair or replacement with a new bridge that contains a 3.18load-path-redundant design, except that a specific bridge may remain in continued service 3.19if the reasons are documented in the report required under subdivision 5. 3.20    (d) All bridge projects funded under this section in fiscal year 2010 or later must 3.21include bicycle and pedestrian accommodations if both sides of the bridge are located in a 3.22city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.3.23Bicycle and pedestrian accommodations would not be required if:3.24(1) a comprehensive assessment demonstrates that there is an absence of need for 3.25bicycle and pedestrian accommodations for the life of the bridge; or3.26(2) there is a reasonable alternative bicycle and pedestrian crossing within 3.27one-quarter mile of the bridge project.3.28All bicycle and pedestrian accommodations should enable a connection to any existing 3.29bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian 3.30facilities must meet or exceed federal accessibility requirements as outlined in Title II of 3.31the Americans with Disabilities Act, codified in United States Code, title 42, chapter 3.32126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United 3.33States Code, title 29, section 794.3.34(e) The commissioner shall establish criteria for determining the priority of bridge 3.35projects within each tier, and must include safety considerations as a criterion. 4.1    Sec. 4. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:4.2    Subd. 5.  Statewide transportation planning report. In conjunction with each 4.3update to the Minnesota statewide transportation plan, or at least every six years, the 4.4commissioner shall submit a report to the chairs and ranking minority members of the 4.5house of representatives and senate committees with jurisdiction over transportation 4.6finance. The report must include: 4.7    (1) an explanation of the criteria and decision-making processes used to prioritize 4.8bridge projects; 4.9    (2) a historical and projected analysis of the extent to which all trunk highway 4.10bridges meet bridge performance targets and comply with the accessibility requirements 4.11of Title II of the Americans with Disabilities Act; 4.12    (3) a summary of bridge projects (i) completed in the previous six years or since the 4.13last update to the Minnesota statewide transportation plan, and (ii) currently in progress 4.14under the program; 4.15    (4) a summary of bridge projects scheduled in the next four fiscal years and included 4.16in the state transportation improvement program; 4.17    (5) a projection of annual needs over the next 20 years; 4.18    (6) a calculation of funding necessary to meet the completion date under subdivision 4.194, paragraph (c), compared to the total amount of bridge-related funding available; and 4.20    (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an 4.21explanation of the reasons for repair instead of replacement. 4.22    Sec. 5. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:4.23    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause 4.24discontinue, a deputy registrar for any statutory or home rule charter city as the public 4.25interest and convenience may require, without regard to whether the county auditor of 4.26the county in which the city is situated has been appointed as the deputy registrar for the 4.27county or has been discontinued as the deputy registrar for the county, and without regard 4.28to whether the county in which the city is situated has established a county license bureau 4.29that issues motor vehicle licenses as provided in section 
         373.32.4.30(b) The commissioner may appoint, and for cause discontinue, a deputy registrar 4.31for any statutory or home rule charter city as the public interest and convenience may 4.32require, if the auditor for the county in which the city is situated chooses not to accept 4.33appointment as the deputy registrar for the county or is discontinued as a deputy registrar, 4.34or if the county in which the city is situated has not established a county license bureau 4.35that issues motor vehicle licenses as provided in section 
         373.32. The individual appointed 5.1by the commissioner as a deputy registrar for any statutory or home rule charter city must 5.2be a resident of the county in which the city is situated.5.3(c) The commissioner may appoint, and for cause discontinue, the county auditor of 5.4each county as a deputy registrar.5.5(d) Despite any other provision, a person other than a county auditor or a director 5.6of a county license bureau, who was appointed by the registrar before August 1, 1976, 5.7as a deputy registrar for any statutory or home rule charter city, may continue to serve 5.8as deputy registrar and may be discontinued for cause only by the commissioner. The 5.9county auditor who appointed the deputy registrars is responsible for the acts of deputy 5.10registrars appointed by the auditor.5.11(e) Each deputy, before entering upon the discharge of duties, shall take and 5.12subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.5.13(f) If a deputy registrar appointed under this subdivision is not an officer or employee 5.14of a county or statutory or home rule charter city, the deputy shall in addition give bond to 5.15the state in the sum of $10,000, or a larger sum as may be required by the commissioner, 5.16conditioned upon the faithful discharge of duties as deputy registrar.5.17(g) Until January 1, 2012, A corporation governed by chapter 302A may be 5.18appointed a deputy registrar. Upon application by an individual serving as a deputy 5.19registrar and the giving of the requisite bond as provided in this subdivision, personally 5.20assured by the individual or another individual approved by the commissioner, a 5.21corporation named in an application then becomes the duly appointed and qualified 5.22successor to the deputy registrar. The appointment of any corporation as a deputy registrar 5.23expires January 1,  2012. The commissioner shall appoint an individual as successor to 5.24the corporation as a deputy registrar. The commissioner shall appoint as the successor 5.25agent to a corporation whose appointment expires under this paragraph an officer of the 5.26corporation if the officer applies for appointment before July 1,   2012.5.27(h) Each deputy registrar appointed under this subdivision shall keep and maintain 5.28office locations approved by the commissioner for the registration of vehicles and the 5.29collection of taxes and fees on vehicles.5.30(i) The deputy registrar shall keep records and make reports to the commissioner as 5.31the commissioner requires. The records must be maintained at the offices of the deputy 5.32registrar. The records and offices of the deputy registrar must at all times be open to the 5.33inspection of the commissioner or the commissioner's agents. The deputy registrar shall 5.34report to the commissioner by the next working day following receipt all registrations 5.35made and taxes and fees collected by the deputy registrar.6.1(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of 6.2the place for which appointed or, if not a public official, a deputy shall retain the filing 6.3fee, but the registration tax and any additional fees for delayed registration the deputy 6.4registrar has collected the deputy registrar shall deposit by the next working day following 6.5receipt in an approved state depository to the credit of the state through the commissioner 6.6of finance. The place for which the deputy registrar is appointed through its governing 6.7body must provide the deputy registrar with facilities and personnel to carry out the duties 6.8imposed by this subdivision if the deputy is a public official. In all other cases, the deputy 6.9shall maintain a suitable facility for serving the public.6.10    Sec. 6. Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read:6.11    Subd. 7. Filing fees; allocations. (a) In addition to all other statutory fees and 6.12taxes, a filing fee of:6.13(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate 6.14transactions; and6.15(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate 6.16transactions;6.17except that a filing fee may not be charged for a document returned for a refund or for 6.18a correction of an error made by the Department of Public Safety, a dealer, or a deputy 6.19registrar. The filing fee must be shown as a separate item on all registration renewal 6.20notices sent out by the commissioner. No filing fee or other fee may be charged for the 6.21permanent surrender of a title for a vehicle.6.22(b) The statutory fees and taxes, and the filing fees imposed under paragraph (a) 6.23may be paid by credit card or debit card. The deputy registrar may collect a surcharge 6.24on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit 6.25card or debit card transaction, in accordance with emergency rules established by the 6.26commissioner of public safety.6.27(c) All of the fees collected under paragraph (a), clause (1), by the department, must 6.28be paid into the vehicle services operating account in the special revenue fund under 6.29section 
         299A.705. Of the fee collected under paragraph (a), clause (2), by the department, 6.30$3.50 must be paid into the general fund with the remainder deposited into the vehicle 6.31services operating account in the special revenue fund under section 
         299A.705.6.32EFFECTIVE DATE.This section is effective for fees collected on and after August 6.331, 2009.7.1    Sec. 7. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:7.2    Subdivision 1. Written notice of impound. (a) When an impounded vehicle is 7.3taken into custody, the unit of government or impound lot operator taking it into custody 7.4shall give written notice of the taking within five days to the registered vehicle owner 7.5and any lienholders.7.6    (b) The notice must:7.7    (1) set forth the date and place of the taking;7.8    (2) provide the year, make, model, and serial number of the impounded motor 7.9vehicle, if such information can be reasonably obtained, and the place where the vehicle 7.10is being held;7.11    (3) inform the owner and any lienholders of their right to reclaim the vehicle under 7.12section 
         168B.07;7.13    (4) state that failure of the owner or lienholders to:7.14    (i) exercise their right to reclaim the vehicle within the appropriate time allowed 7.15under section 
         168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in 7.16section 
         168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest 7.17in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle 7.18pursuant to section 
         168B.08; or7.19    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate 7.20time allowed and under the conditions set forth in section 
         168B.07, subdivision 3, 7.21constitutes a waiver by them of all right, title, and interest in the contents and consent to 7.22sell or dispose of the contents under section 
         168B.08; and7.23    (5) state that a vehicle owner who provides to the impound lot operator 7.24documentation from a government or nonprofit agency or legal aid office that the owner 7.25is homeless, receives relief based on need, or is eligible for legal aid services, or has a 7.26household income at or below 50 percent of state median income has the unencumbered 7.27right to retrieve any and all contents without charge.7.28    Sec. 8. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:7.29    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:7.30    (1) "contents" does not include any permanently affixed mechanical or 7.31nonmechanical automobile parts; automobile body parts; or automobile accessories, 7.32including audio or video players; and7.33    (2) "relief based on need" includes, but is not limited to, receipt of MFIP 7.34and Diversionary Work Program, medical assistance, general assistance, general 7.35assistance medical care, emergency general assistance, Minnesota supplemental aid, 8.1MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy 8.2assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota 8.3working family tax credit.8.4    (b) A unit of government or impound lot operator shall establish reasonable 8.5procedures for retrieval of vehicle contents, and may establish reasonable procedures to 8.6protect the safety and security of the impound lot and its personnel.8.7    (c) At any time before the expiration of the waiting periods provided in section 8.8168B.051
         , a registered owner who provides documentation from a government or 8.9nonprofit agency or legal aid office that the registered owner is homeless, receives relief 8.10based on need, or is eligible for legal aid services, or has a household income at or below 8.1150 percent of state median income has the unencumbered right to retrieve any and all 8.12contents without charge and regardless of whether the registered owner pays incurred 8.13charges or fees, transfers title, or reclaims the vehicle.8.14    Sec. 9. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:8.15    Subd. 5. Towing prohibited.Unless the vehicle is described in subdivision 4,(a) A 8.16towing authority may not tow a motor vehicle because:8.17(1) the vehicle has expired registration tabs that have been expired for less than 8.1890 days; or8.19(2) the vehicle is at a parking meter on which the time has expired and the vehicle 8.20has fewer than five unpaid parking tickets.8.21(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:8.22(1) the vehicle is parked in violation of snow emergency regulations;8.23(2) the vehicle is parked in a rush-hour restricted parking area;8.24(3) the vehicle is blocking a driveway, alley, or fire hydrant;8.25(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking 8.26is prohibited;8.27(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the 8.28stop sign;8.29(6) the vehicle is parked in a disability transfer zone or disability parking space 8.30without a disability parking certificate or disability license plates;8.31(7) the vehicle is parked in an area that has been posted for temporary restricted 8.32parking (A) at least 12 hours in advance in a home rule charter or statutory city having 8.33a population under 50,000, or (B) at least 24 hours in advance in another political 8.34subdivision;9.1(8) the vehicle is parked within the right-of-way of a controlled-access highway or 9.2within the traveled portion of a public street when travel is allowed there;9.3(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to 9.4use by fire, police, public safety, or emergency vehicles;9.5(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul 9.6International Airport owned by the Metropolitan Airports Commission;9.7(11) a law enforcement official has probable cause to believe that the vehicle is 9.8stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is 9.9reasonably necessary to obtain or preserve the evidence;9.10(12) the driver, operator, or person in physical control of the vehicle is taken into 9.11custody and the vehicle is impounded for safekeeping;9.12(13) a law enforcement official has probable cause to believe that the owner, 9.13operator, or person in physical control of the vehicle has failed to respond to five or more 9.14citations for parking or traffic offenses;9.15(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs 9.16to use by taxicabs;9.17(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked 9.18vehicle;9.19(16) the vehicle is parked, on a school day during prohibited hours, in a school zone 9.20on a public street where official signs prohibit parking; or9.21(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 9.22168B.011, and subject to immediate removal under chapter 168B.9.23    Sec. 10. Minnesota Statutes 2008, section 169.15, is amended to read:9.24169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.9.25    Subdivision 1.Impeding traffic; drive at slow speed. No person shall drive a 9.26motor vehicle at such a slow speed as to impede or block the normal and reasonable 9.27movement of traffic except when reduced speed is necessary for safe operation or in 9.28compliance with law or except when the vehicle is temporarily unable to maintain a greater 9.29speed due to a combination of the weight of the vehicle and the grade of the highway.9.30    Subd. 2.Intersection gridlock; stop or block traffic.No driver of a motor 9.31vehicle shall enter an intersection controlled by a semaphore until the vehicle is able to 9.32move completely through the intersection without impeding or blocking the subsequent 9.33movement of cross traffic, unless such movement is at the direction of a city-authorized 9.34traffic-control agent or a police officer or to facilitate passage of an authorized emergency 10.1vehicle. A violation of this subdivision does not constitute grounds for suspension or 10.2revocation of the violator's driver's license.10.3EFFECTIVE DATE.This section is effective January 1, 2010, and applies to acts 10.4committed on or after that date.10.5    Sec. 11. Minnesota Statutes 2008, section 169.71, subdivision 1, is amended to read:10.6    Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or 10.7operate any motor vehicle with:10.8(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;10.9(2) any objects suspended between the driver and the windshield, other than:10.10(i) sun visors and;10.11(ii) rearview mirrors;10.12(iii) driver feedback and safety-monitoring equipment when mounted immediately 10.13behind, slightly above, or slightly below the rearview mirror;10.14(iv) global positioning systems or navigation systems when mounted or located near 10.15the bottommost portion of the windshield; and 10.16(v) electronic toll collection devices; or10.17(3) any sign, poster, or other nontransparent material upon the front windshield, 10.18sidewings, or side or rear windows of the vehicle, other than a certificate or other paper 10.19required to be so displayed by law or authorized by the state director of the Division of 10.20Emergency Management or the commissioner of public safety.10.21(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.10.22(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.10.23    Sec. 12. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision 10.24to read:10.25    Subd. 7.Cargo tank vehicles.(a) Weight restrictions imposed by the commissioner 10.26under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent 10.27axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted 10.28roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.10.29(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle 10.30used for propane must have an operating gauge on the cargo tank that shows the amount of 10.31propane as a percent of capacity of the cargo tank. Documentation of the capacity of the 10.32cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of 10.33this subdivision, propane weighs 4.2 pounds per gallon.11.1(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle 11.2used for dyed fuel oil must utilize the forward two tank compartments and must carry 11.3documentation of the empty weight of the cargo tank vehicle from a certified scale in the 11.4cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds 11.5per gallon.11.6(d) To the extent practicable, cargo tank vehicles that are exempt from weight 11.7restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted 11.8roads by 12:00 p.m. and before the last week of April.11.9    Sec. 13. Minnesota Statutes 2008, section 169A.275, subdivision 7, as amended by 11.10Laws 2009, chapter 29, section 1, is amended to read:11.11    Subd. 7. Exception. (a) A judge is not required to sentence a person as provided 11.12in this section if the judge requires the person as a condition of probation to drive only 11.13motor vehicles equipped with an ignition interlock device meeting the standards described 11.14in section 
         171.306.11.15    (b) This subdivision expires July 1, 2011.11.16EFFECTIVE DATE.This section is effective July 1, 2009.11.17    Sec. 14. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 11.18to read:11.19    Subd. 37a.Enhanced driver's license."Enhanced driver's license" means a license, 11.20instruction permit, or provisional license, to operate a motor vehicle issued or issuable 11.21under the laws of this state by the commissioner of public safety that denotes citizenship 11.22and identity and contains technology and security features approved by the secretary of 11.23the United States Department of Homeland Security. An enhanced driver's license may be 11.24used in the same manner as a driver's license, instruction permit, or provisional license, 11.25and is approved by the secretary of the United States Department of Homeland Security 11.26for purposes of entering the United States. All provisions in this chapter relating to drivers' 11.27licenses, instruction permits, and provisional licenses, including cancellation, suspension, 11.28revocation, reinstatement, examination, restriction, expiration, renewal, and unlawful acts 11.29and violations, apply to an enhanced driver's license.11.30    Sec. 15. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 11.31to read:11.32    Subd. 37b.Enhanced identification card."Enhanced identification card" means an 11.33identification card issued or issuable under the laws of this state by the commissioner of 12.1public safety that denotes citizenship and identity and contains technology and security 12.2features approved by the secretary of the United States Department of Homeland Security. 12.3An enhanced identification card may be used in the same manner as an identification card 12.4and is approved by the secretary of the United States Department of Homeland Security 12.5for purposes of entering the United States.12.6    Sec. 16. Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision 12.7to read:12.8    Subd. 3.Persons not eligible for enhanced driver's license.The department shall 12.9not issue an enhanced driver's license to any person who is:12.10(1) under 16 years of age;12.11(2) not a resident of this state;12.12(3) not a citizen of the United States of America; or12.13(4) described in subdivision 1, clauses (4) to (12), or (14).12.14    Sec. 17. Minnesota Statutes 2008, section 171.06, subdivision 1, is amended to read:12.15    Subdivision 1. Forms of application. Every application for a Minnesota 12.16identification card, for an enhanced identification card, for an instruction permit, for a 12.17provisional license, or for a driver's license, or for an enhanced driver's license  must be 12.18made in a format approved by the department, and every application must be accompanied 12.19by the proper fee. All first-time applications and change-of-status applications must be 12.20signed in the presence of the person authorized to accept the application, or the signature 12.21on the application may be verified by a notary public. All applications requiring evidence 12.22of legal presence in the United States or United States citizenship must be signed in 12.23the presence of the person authorized to accept the application, or the signature on the 12.24application may be verified by a notary public.12.25    Sec. 18. Minnesota Statutes 2008, section 171.06, subdivision 2, is amended to read:12.26    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are 12.27as follows:

12.28Classified Driver's LicenseD-$22.25C-$26.25B-$33.25A-$41.2512.29Classified Under-21 D.L.D-$22.25C-$26.25B-$33.25A-$21.2512.30Enhanced Driver's LicenseD-$37.25C-$41.75B-$48.25A-$56.2512.31Instruction Permit$10.2512.3212.33Enhanced Instruction Permit$25.2512.34Provisional License$13.2513.113.2Enhanced Provisional License$28.2513.313.413.5Duplicate License or 
                  		duplicate identification 
                  		card$11.7513.613.713.813.9Enhanced Duplicate License or enhanced duplicate identification card$26.7513.1013.1113.1213.1313.1413.1513.16Minnesota identification 
                  		card or Under-21 
                  		Minnesota identification 
                  		card, other than duplicate, 
                  		except as otherwise 
                  		provided in section 
                  171.07, 
                     		subdivisions 3
                   and 3a$16.2513.1713.18Enhanced Minnesota identification card$31.25

13.19    In addition to each fee required in this paragraph, the commissioner shall collect a 13.20surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 13.21credited to the driver and vehicle services technology account in the special revenue fund 13.22under section 
         299A.705.13.23    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and 13.24has a driving record free of (1) convictions for a violation of section 
         169A.20, 
         169A.33, 13.25169A.35
         , or sections 
         169A.50 to 
         169A.53, (2) convictions for crash-related moving 13.26violations, and (3) convictions for moving violations that are not crash related, shall have a 13.27$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 13.28has the meaning given it in section 
         171.04, subdivision 1.13.29    (c) In addition to the driver's license fee required under paragraph (a), the 13.30commissioner shall collect an additional $4 processing fee from each new applicant 13.31or individual renewing a license with a school bus endorsement to cover the costs for 13.32processing an applicant's initial and biennial physical examination certificate. The 13.33department shall not charge these applicants any other fee to receive or renew the 13.34endorsement.13.35    Sec. 19. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:13.36    Subd. 3.  Contents of application; other information. (a) An application must:13.37    (1) state the full name, date of birth, sex, and either (i) the residence address of the 13.38applicant, or (ii) designated address under section 
         5B.05;14.1    (2) as may be required by the commissioner, contain a description of the applicant 14.2and any other facts pertaining to the applicant, the applicant's driving privileges, and the 14.3applicant's ability to operate a motor vehicle with safety;14.4    (3) state:14.5    (i) the applicant's Social Security number; or14.6    (ii) if the applicant does not have a Social Security number and is applying for a 14.7Minnesota identification card, instruction permit, or class D provisional or driver's license, 14.8that the applicant certifies that the applicant does not have a Social Security number;14.9    (4) in the case of an application for an enhanced driver's license or enhanced 14.10identification card, present:14.11(i) proof satisfactory to the commissioner of the applicant's full legal name, United 14.12States citizenship, identity, date of birth, Social Security number, and residence address; 14.13and14.14(ii) a photographic identity document;14.15(5) contain a space where the applicant may indicate a desire to make an anatomical 14.16gift according to paragraph (b); and14.17    (5) (6) contain a notification to the applicant of the availability of a living will/health 14.18care directive designation on the license under section 
         171.07, subdivision 7.14.19    (b) If the applicant does not indicate a desire to make an anatomical gift when 14.20the application is made, the applicant must be offered a donor document in accordance 14.21with section 
         171.07, subdivision 5. The application must contain statements sufficient to 14.22comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 14.23Act, chapter 525A, so that execution of the application or donor document will make 14.24the anatomical gift as provided in section 
         171.07, subdivision 5, for those indicating a 14.25desire to make an anatomical gift. The application must be accompanied by information 14.26describing Minnesota laws regarding anatomical gifts and the need for and benefits of 14.27anatomical gifts, and the legal implications of making an anatomical gift, including the 14.28law governing revocation of anatomical gifts. The commissioner shall distribute a notice 14.29that must accompany all applications for and renewals of a driver's license or Minnesota 14.30identification card. The notice must be prepared in conjunction with a Minnesota organ 14.31procurement organization that is certified by the federal Department of Health and Human 14.32Services and must include:14.33    (1) a statement that provides a fair and reasonable description of the organ donation 14.34process, the care of the donor body after death, and the importance of informing family 14.35members of the donation decision; and15.1    (2) a telephone number in a certified Minnesota organ procurement organization that 15.2may be called with respect to questions regarding anatomical gifts.15.3    (c) The application must be accompanied also by information containing relevant 15.4facts relating to:15.5    (1) the effect of alcohol on driving ability;15.6    (2) the effect of mixing alcohol with drugs;15.7    (3) the laws of Minnesota relating to operation of a motor vehicle while under the 15.8influence of alcohol or a controlled substance; and15.9    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 15.10for alcohol-related violations.15.11    Sec. 20. Minnesota Statutes 2008, section 171.06, subdivision 6, is amended to read:15.12    Subd. 6. Compliance with selective service system registration requirements.15.13(a) By applying for an original, duplicate, or renewal instruction permit, provisional 15.14driver's license, driver's license, enhanced driver's license, commercial driver's license, or15.15state identification card, or enhanced identification card, an applicant under the age of 26, 15.16who is a United States citizen or resident, consents to registration in compliance with the 15.17requirements of the Military Selective Service Act, United States Code, title 50, appendix, 15.18section 453. The application form must state that submission of the application constitutes 15.19consent to registration with the selective service system, if required by federal law.15.20(b) The commissioner shall forward to the selective service system in an electronic 15.21format the necessary personal information required for registration of an applicant 15.22described in paragraph (a). If the applicant is under the age of 18, and the license or card 15.23to be issued will expire after the applicant's 18th birthday, then the commissioner shall 15.24forward the necessary information to the selective service system when the applicant 15.25reaches the age of 18.15.26    Sec. 21. Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read:15.27    Subd. 3.  Identification card; fee. (a) Upon payment of the required fee, the 15.28department shall issue to every qualifying applicant a Minnesota identification card. The 15.29department may not issue a Minnesota identification card to an individual who has a 15.30driver's license, other than a limited license. The department may not issue an enhanced 15.31identification card to an individual who is under 16 years of age, not a resident of this 15.32state, or not a citizen of the United States of America. The card must bear a distinguishing 15.33number assigned to the applicant; a colored photograph or an electronically produced 15.34image of the applicant; the applicant's full name and date of birth; either (1) the licensee's 16.1residence address, or (2) the designated address under section 
         5B.05; a description of the 16.2applicant in the manner as the commissioner deems necessary; and the usual signature of 16.3the applicant. 16.4    (b) If the United States Postal Service will not deliver mail to the applicant's 16.5residence address as listed on the Minnesota identification card, then the applicant shall 16.6provide verification from the United States Postal Service that mail will not be delivered 16.7to the applicant's residence address and that mail will be delivered to a specified alternate 16.8mailing address. When an applicant provides an alternate mailing address under this 16.9subdivision, the commissioner shall use the alternate mailing address in lieu of the 16.10applicant's residence address for all notices and mailings to the applicant. 16.11    (c) Each identification card issued to an applicant under the age of 21 must be of a 16.12distinguishing color and plainly marked "Under-21." 16.13    (d) Each Minnesota identification card must be plainly marked "Minnesota 16.14identification card - not a driver's license." 16.15    (e) The fee for a Minnesota identification card is 50 cents when issued to a person 16.16who is developmentally disabled, as defined in section 
         252A.02, subdivision 2; a 16.17physically disabled person, as defined in section 
         169.345, subdivision 2; or, a person with 16.18mental illness, as described in section 
         245.462, subdivision 20, paragraph (c). 16.19    Sec. 22. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 16.20to read:16.21    Subd. 9a.Security for enhanced driver's license and identification card.An 16.22enhanced driver's license or enhanced identification card must include reasonable security 16.23measures to prevent counterfeiting and to protect against unauthorized disclosure of 16.24personal information regarding residents of this state that is contained in the enhanced 16.25driver's license or enhanced identification card. The enhanced driver's license must include 16.26the best available anticounterfeit laminate technology. The enhanced driver's license or 16.27enhanced identification card may include radio frequency identification technology that 16.28is limited to a randomly assigned number, which must be encrypted if agreed to by the 16.29United States Department of Homeland Security and does not include biometric data 16.30or any information other than the citizenship status of the license holder or cardholder. 16.31The commissioner shall ensure that the radio frequency identification technology is 16.32secure from unauthorized data access. An applicant must sign an acknowledgment of 16.33understanding of the radio frequency identification technology and its use for the sole 16.34purpose of verifying United States citizenship before being issued an enhanced driver's 16.35license or an enhanced identification card.17.1    Sec. 23. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 17.2to read:17.3    Subd. 15.Enhanced driver's license and identification card.For purposes of this 17.4section, "license" includes "enhanced driver's license," and "identification card" includes 17.5"enhanced identification card."17.6    Sec. 24. Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision 17.7to read:17.8    Subd. 3.Exception.Subdivisions 1 and 2 do not apply to the commissioner's 17.9requirements pertaining to a photograph or electronically produced image on an enhanced 17.10driver's license or an enhanced identification card.17.11    Sec. 25. Minnesota Statutes 2008, section 171.18, subdivision 1, is amended to read:17.12    Subdivision 1. Offenses. (a) The commissioner may suspend the license of a driver 17.13without preliminary hearing upon a showing by department records or other sufficient 17.14evidence that the licensee:17.15(1) has committed an offense for which mandatory revocation of license is required 17.16upon conviction;17.17(2) has been convicted by a court for violating a provision of chapter 169 or 17.18an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and 17.19department records show that the violation contributed in causing an accident resulting in 17.20the death or personal injury of another, or serious property damage;17.21(3) is an habitually reckless or negligent driver of a motor vehicle;17.22(4) is an habitual violator of the traffic laws;17.23(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;17.24(6) has permitted an unlawful or fraudulent use of the license;17.25(7) has committed an offense in another state that, if committed in this state, would 17.26be grounds for suspension;17.27(8) has committed a violation of section 
         169.444, subdivision 2, paragraph (a), 17.28within five years of a prior conviction under that section;17.29(9) has committed a violation of section 
         171.22, except that the commissioner may 17.30not suspend a person's driver's license based solely on the fact that the person possessed a 17.31fictitious or fraudulently altered Minnesota identification card;17.32(10) has failed to appear in court as provided in section 
         169.92, subdivision 4;17.33(11) has failed to report a medical condition that, if reported, would have resulted in 17.34cancellation of driving privileges;18.1(12) has been found to have committed an offense under section 
         169A.33; or18.2(13) has paid or attempted to pay a fee required under this chapter for a license or 18.3permit by means of a dishonored check issued to the state or a driver's license agent, 18.4which must be continued until the registrar determines or is informed by the agent that 18.5the dishonored check has been paid in full.18.6However, an action taken by the commissioner under clause (2) or (5) must conform to 18.7the recommendation of the court when made in connection with the prosecution of the 18.8licensee.18.9(b) Notwithstanding paragraph (a), section 171.16, subdivision 2, or any other law, 18.10the commissioner may not suspend the driver's license of an individual under paragraph 18.11(a) who was convicted of a violation of section 
         171.24, subdivision 1, whose license 18.12was under suspension at the time solely because of the individual's failure to appear in 18.13court or failure to pay a fine 1a.18.14    Sec. 26. Minnesota Statutes 2008, section 171.24, is amended by adding a subdivision 18.15to read:18.16    Subd. 1a.Driving after suspension for failure to appear or pay fines; 18.17misdemeanor.A person is guilty of a misdemeanor if:18.18(1) the person's driver's license or driving privilege has been suspended for no reason 18.19other than unpaid fines or failure to appear in court;18.20(2) the person has been given notice of or reasonably should know of the suspension; 18.21and18.22(3) the person disobeys the order by operating in this state any motor vehicle, the 18.23operation of which requires a driver's license, while the person's license or privilege 18.24is suspended.18.25    Sec. 27. Minnesota Statutes 2008, section 171.306, subdivision 1, as amended by Laws 18.262009, chapter 29, section 2, is amended to read:18.27    Subdivision 1. Pilot project established; reports. The commissioner shall conduct 18.28a statewide two-year ignition interlock device pilot project as provided in this section. 18.29The pilot project must begin on July 1, 2009, and continue until June 30, 2011. The 18.30commissioner shall submit a preliminary report by September 30, 2010, and a final report 18.31by September 30, 2011, to the chairs and ranking minority members of the senate and 18.32house of representatives committees having jurisdiction over criminal justice policy and 18.33funding. The reports must evaluate the successes and failures of the pilot project, provide 18.34information on participation rates, and make recommendations on continuing the project.19.1EFFECTIVE DATE.This section is effective July 1, 2009.19.2    Sec. 28. Minnesota Statutes 2008, section 171.306, subdivision 3, as amended by Laws 19.32009, chapter 29, section 3, is amended to read:19.4    Subd. 3. Pilot project components. (a) Under the pilot project, the commissioner 19.5shall issue a driver's license to an individual whose driver's license has been revoked under 19.6chapter 169A for an impaired driving incident if the person qualifies under this section and 19.7agrees to all of the conditions of the project.19.8    (b) The commissioner must denote the person's driver's license record to indicate the 19.9person's participation in the program. The license must authorize the person to drive only 19.10vehicles having functioning ignition interlock devices conforming with the requirements 19.11of subdivision 2.19.12    (c) Notwithstanding any statute or rule to the contrary, the commissioner has 19.13authority to and shall determine the appropriate period for which a person participating in 19.14the ignition interlock pilot program shall be subject to this program, and when the person 19.15is eligible to be issued:19.16    (1) a limited driver's license subject to the ignition interlock restriction;19.17    (2) full driving privileges subject to the ignition interlock restriction; and19.18    (3) a driver's license without an ignition interlock restriction.19.19    (d) A person participating in this pilot project shall agree to participate in any 19.20treatment recommended by a chemical use assessment.19.21    (e) The commissioner shall determine guidelines for participation in the project. 19.22A person participating in the project shall sign a written agreement accepting these 19.23guidelines and agreeing to comply with them.19.24    (f) It is a misdemeanor for a person who is licensed under this section for driving 19.25a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 19.26control of a motor vehicle other than a vehicle properly equipped with an ignition 19.27interlock device.19.28EFFECTIVE DATE.This section is effective July 1, 2009.19.29    Sec. 29. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:19.30    Subdivision 1. Department created. In order to provide a balancedan integrated 19.31transportation system, includingof aeronautics, highways, motor carriers, ports, public 19.32transit, railroads, and pipelines, and including facilities for walking and bicycling, a 19.33Department of Transportation is created. The department is the principal agency of the 20.1state for development, implementation, administration, consolidation, and coordination of 20.2state transportation policies, plans, and programs.20.3    Sec. 30. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:20.4    Subd. 2.  Transportation goals. The goals of the state transportation system are 20.5as follows: 20.6    (1) to provide safe transportationminimize fatalities and injuries for transportation 20.7users throughout the state; 20.8    (2) to provide multimodal and intermodal transportation that enhances mobility and 20.9economic development and provides access to all persons and businesses in Minnesota 20.10while ensuring that there is nofacilities and services to increase access for all persons and 20.11businesses and to ensure economic well-being and quality of life without undue burden 20.12placed on any community; 20.13    (3) to provide a reasonable travel time for commuters; 20.14    (4) to enhance economic development and provide for the economical, efficient, and 20.15safe movement of goods to and from markets by rail, highway, and waterway; 20.16    (5) to encourage tourism by providing appropriate transportation to Minnesota 20.17facilities designed to attract tourists and to enhance the appeal, through transportation 20.18investments, of tourist destinations across the state; 20.19    (6) to provide transit services throughoutto all counties in the state to meet the 20.20needs of transit users; 20.21    (7) to promote productivityaccountability through systemsystematic management 20.22of system performance and productivity through the utilization of technological 20.23advancements; 20.24    (8) to maximize the long-term benefits received for each state transportation 20.25investment; 20.26    (9) to provide for and prioritize funding forof transportation investments that, at a 20.27minimum, preserves the transportation infrastructure ensures that the state's transportation 20.28infrastructure is maintained in a state of good repair; 20.29    (10) to ensure that the planning and implementation of all modes of transportation 20.30are consistent with the environmental and energy goals of the state; 20.31    (11) to promote and increase the use of high-occupancy vehicles and low-emission 20.32vehicles; 20.33    (12) to provide an air transportation system sufficient to encourage economic growth 20.34and allow all regions of the state the ability to participate in the global economy; 21.1    (13) to increase transit use of transit as a percentage of all trips statewide by giving 21.2highest priority to the transportation modes with the greatest people-moving capacity and 21.3lowest long-term economic and environmental cost; 21.4    (14) to promote and increase bicycling and walking as a percentage of all trips as an21.5energy-efficient, nonpolluting, and healthful formhealthy forms of transportation; 21.6    (15) to reduce greenhouse gas emissions from the state's transportation sector; and 21.7    (16) to accomplish these goals with minimal impact on the environment. 21.8    Sec. 31. [174.015] REDUCING VEHICLE MILES DRIVEN.21.9    Subdivision 1.Definitions."Per capita vehicle miles driven" means nonfreight 21.10motor vehicle miles traveled per person per calendar year.21.11    Subd. 2.Reduction goal.In order to help achieve an overall reduction in 21.12greenhouse gas emissions in Minnesota, the commissioner of transportation shall 21.13implement, and facilitate the implementation by other public and private entities, policies 21.14that will have the goal of achieving by 2025 at least a 15 percent reduction from 2005 21.15levels of per capita vehicle miles driven. The implemented policies shall not mandate that 21.16persons within the meaning of section 645.44 reduce their vehicle miles traveled.21.17    Sec. 32. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:21.18    Subd. 1a.  Mission; efficiency; legislative report, recommendations. It is part 21.19of the department's mission that within the department's resources the commissioner 21.20shall endeavor to: 21.21    (1) prevent the waste or unnecessary spending of public money; 21.22    (2) use innovative fiscal and human resource practices to manage the state's 21.23resources and operate the department as efficiently as possible; 21.24    (3) minimize the degradation of air and, water quality, and the climate, including 21.25reduction in greenhouse gas emissions; 21.26    (4) coordinate the department's activities wherever appropriate with the activities 21.27of other governmental agencies; 21.28    (5) use technology where appropriate to increase agency productivity, improve 21.29customer service, increase public access to information about government, and increase 21.30public participation in the business of government; 21.31    (6) utilize constructive and cooperative labor-management practices to the extent 21.32otherwise required by chapters 43A and 179A; 22.1    (7) report to the legislature on the performance of agency operations and the 22.2accomplishment of agency goals in the agency's biennial budget according to section 22.316A.10, subdivision 1
         ; and 22.4    (8) recommend to the legislature appropriate changes in law necessary to carry out 22.5the mission and improve the performance of the department. 22.6    Sec. 33. Minnesota Statutes 2008, section 174.03, subdivision 1b, is amended to read:22.7    Subd. 1b. Statewide freight and passenger rail plan. (a) The commissioner shall 22.8develop a comprehensive statewide freight and passenger rail plan to be included and 22.9revised as a part of the statewide transportation plan. The plan must include a study on 22.10the feasibility of establishing commuter transit service in: the Little Crow Transit Way, 22.11along or near marked Trunk Highway 12 between Willmar and downtown Minneapolis, 22.12and the Sioux Trail Transit Way, along or near marked Trunk Highway 13 between 22.13Shakopee and St. Paul.22.14    (b) Before the initial version of the plan is adopted, the commissioner shall provide a 22.15copy for review and comment to the chairs and ranking minority members of the senate 22.16and house of representatives committees with jurisdiction over transportation policy and 22.17finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision 22.18of the statewide transportation plan, scheduled to be completed in calendar year 2009, 22.19prior to completion of the initial version of the comprehensive statewide freight and 22.20passenger rail plan.22.21EFFECTIVE DATE.This section is effective the day following final enactment.22.22    Sec. 34. [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.22.23    Subdivision 1.Council established.A Minnesota Council on Transportation 22.24Access is established to study, evaluate, oversee, and make recommendations to improve 22.25the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of 22.26transportation services provided to the transit public. "Transit public" means those persons 22.27who utilize public transit and those who, because of mental or physical disability, income 22.28status, or age are unable to transport themselves and are dependent upon others for 22.29transportation services.22.30    Subd. 2.Duties of council.In order to accomplish the purposes in subdivision 1, 22.31the council shall adopt a biennial work plan that must incorporate the following activities:22.32(1) compile information on existing transportation alternatives for the transit public, 22.33and serve as a clearinghouse for information on services, funding sources, innovations, 22.34and coordination efforts;23.1(2) identify best practices and strategies that have been successful in Minnesota and 23.2in other states for coordination of local, regional, state, and federal funding and services;23.3(3) establish statewide objectives for providing public transportation services for the 23.4transit public;23.5(4) identify barriers prohibiting coordination and accessibility of public 23.6transportation services and aggressively pursue the elimination of those barriers;23.7(5) develop and implement policies and procedures for coordinating local, regional, 23.8state, and federal funding and services for the transit public;23.9(6) identify stakeholders in providing services for the transit public, and seek input 23.10from them concerning barriers and appropriate strategies;23.11(7) establish guidelines for developing transportation coordination plans throughout 23.12the state;23.13(8) encourage all state agencies participating in the council to purchase trips within 23.14the coordinated system;23.15(9) facilitate the creation and operation of transportation brokerages to match 23.16riders to the appropriate service, promote shared dispatching, compile and disseminate 23.17information on transportation options, and promote regional communication;23.18(10) encourage volunteer driver programs and recommend legislation to address 23.19liability and insurance issues;23.20(11) establish minimum performance standards for delivery of services;23.21(12) identify methods to eliminate fraud and abuse in special transportation services;23.22(13) develop a standard method for addressing liability insurance requirements for 23.23transportation services purchased, provided, or coordinated;23.24(14) design and develop a contracting template for providing coordinated 23.25transportation services;23.26(15) develop an interagency uniform contracting and billing and accounting system 23.27for providing coordinated transportation services;23.28(16) encourage the design and development of training programs for coordinated 23.29transportation services; 23.30(17) encourage the use of public school transportation vehicles for the transit public;23.31(18) develop an allocation methodology that equitably distributes transportation 23.32funds to compensate units of government and all entities that provide coordinated 23.33transportation services;23.34(19) identify policies and necessary legislation to facilitate vehicle sharing; and24.1(20) advocate aggressively for eliminating barriers to coordination, implementing 24.2coordination strategies, enacting necessary legislation, and appropriating resources to 24.3achieve the council's objectives.24.4    Subd. 3.Membership.(a) The council is comprised of the following 17 members:24.5(1) two members of the senate appointed by the Subcommittee on Committees of the 24.6Committee on Rules and Administration, one of whom must be a member of the minority;24.7(2) two members of the house of representatives, one appointed by the speaker of the 24.8house and one appointed by the minority leader;24.9(3) one representative from the Office of the Governor;24.10(4) one representative from the Council on Disability;24.11(5) one representative from the Minnesota Public Transit Association;24.12(6) the commissioner of transportation or a designee;24.13(7) the commissioner of human services or a designee;24.14(8) the commissioner of health or a designee;24.15(9) the chair of the Metropolitan Council or a designee;24.16(10) the commissioner of education or a designee;24.17(11) the commissioner of veterans affairs or a designee;24.18(12) one representative from the Board on Aging;24.19(13) the commissioner of employment and economic development or a designee;24.20(14) the commissioner of commerce or a designee; and24.21(15) the commissioner of finance or a designee.24.22(b) All appointments required by paragraph (a) must be completed by August 24.231, 2009.24.24(c) The commissioner of transportation or a designee shall convene the first meeting 24.25of the council within two weeks after the members have been appointed to the council. 24.26The members shall elect a chairperson from their membership at the first meeting.24.27(d) The Department of Transportation and the Department of Human Services shall 24.28provide necessary staff support for the council.24.29    Subd. 4.Report.By January 15 of each year, beginning in 2011, the council shall 24.30report its findings, recommendations, and activities to the governor's office and to the 24.31chairs and ranking minority members of the legislative committees with jurisdiction 24.32over transportation, health, and human services, and to the legislature as provided under 24.33section 3.195.24.34    Subd. 5.Compensation.Members of the council shall receive compensation and 24.35reimbursement of expenses as provided in section 15.059, subdivision 3.24.36    Subd. 6.Expiration.This section expires June 30, 2013.25.1    Sec. 35. [174.638] DESIGN-BUILD CONTRACTING.25.2The commissioner may utilize the design-build method of contracting, under 25.3sections 161.3410 to 161.3428, in connection with the planning, design, development, 25.4and construction of a high-speed passenger rail line connecting Chicago, La Crosse, and 25.5the Union Depot Concourse Multimodal Transit Hub, located in downtown St. Paul in 25.6the area south of Kellogg Boulevard and east of Jackson Street and the potential future 25.7connection to Minneapolis.25.8    Sec. 36. Minnesota Statutes 2008, section 219.01, is amended to read:25.9219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.25.10(a) The track safety standards of the United States Department of Transportation and 25.11Federal Railroad Administration apply to railroad trackage and are the standards for the 25.12determination of unsafe trackage within the state.25.13(b) The commissioner of transportation shall apply to the Federal Railroad 25.14Administration under Public Law 110-432, the Railroad Safety Enhancement Act of 25.152008 (the act), for (1) railroad safety technology grant funding available under section 25.16105 of the act and (2) development and installation of rail safety technology, including 25.17provision for switch position indicator signals in nonsignalized main track territory, 25.18under section 406 of the act. The commissioner shall respond and make application to 25.19the Federal Railroad Administration notice of funds availability under the Rail Safety 25.20Assurance Act in a timely manner and before the date of the program deadline to assure 25.21full consideration of the application. The commissioner shall (i) prioritize grant requests 25.22for the installation of switch indicator signals on all segments of nonsignalized track 25.23where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in 25.24each year after 2009 until all nonsignalized track territory in the state has switch indicator 25.25signals installed and in operation.25.26(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit 25.27grant requests from all eligible railroads. The commissioner shall submit written notice to 25.28the chairs of the legislative committees with jurisdiction over transportation policy and 25.29finance of an acceptance by a class I or class II railroad of federal grant program funding 25.30for switch point indicator monitor systems.25.31(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads 25.32shall provide all technical documentation requested by the commissioner and required by 25.33the Federal Railroad Administration for the applications under paragraph (b). Railroads 25.34are responsible for developing, acquiring, and installing all rail safety technology obtained 26.1under this section in accordance with requirements established by the Federal Railroad 26.2Administration.26.3    Sec. 37. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision 26.4to read:26.5    Subd. 27a.Motor carrier of railroad employees."Motor carrier of railroad 26.6employees" means a motor carrier engaged in the for-hire transportation of railroad 26.7employees of a class I or II common carrier, as defined in Code of Federal Regulations, 26.8title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with 26.9a common carrier, as defined in section 218.011, subdivision 10.26.10    Sec. 38. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:26.11    Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service" 26.12means a service provided by a person engaged in the for-hire transportation of passengers 26.13in a vehicle designed to transport seven or fewer persons, including the driver.26.14(b) In the metropolitan area as defined in section 
         473.121, subdivision 2, "small 26.15vehicle passenger service" also includes for-hire transportation of persons who are certified 26.16by the Metropolitan Council to use special transportation service provided under section 26.17473.386
         , in a vehicle designed to transport not more than 15 persons including the driver, 26.18that is equipped with a wheelchair lift and at least three wheelchair securement positions. 26.19(c) "Small vehicle passenger service" does not include a motor carrier of railroad 26.20employees.26.21    Sec. 39. [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.26.22(a) A motor carrier of railroad employees must meet the requirements specified in 26.23this section, is subject to section 221.291, and is otherwise exempt from the provisions 26.24of this chapter.26.25(b) A vehicle operator for a motor carrier of railroad employees who transports 26.26passengers must:26.27(1) have a valid driver's license under chapter 171; and26.28(2) submit to a physical examination.26.29(c) The carrier must implement a policy that provides for annual training and 26.30certification of the operator in:26.31    (1) safe operation of the vehicle transporting railroad employees;26.32    (2) knowing and understanding relevant laws, rules of the road, and safety policies;26.33    (3) handling emergency situations;27.1(4) proper use of seat belts;27.2    (5) performance of pretrip and post-trip vehicle inspections, and inspection record 27.3keeping; and27.4(6) proper maintenance of required records.27.5(d) The carrier must:27.6(1) perform a background check or background investigation of the operator;27.7(2) annually verify the operator's driver's license;27.8(3) document meeting the requirements in this subdivision, and maintain the file 27.9at the carrier's business location;27.10(4) maintain liability insurance in a minimum amount of $5,000,000 regardless 27.11of the seating capacity of the vehicle; and27.12(5) maintain uninsured and underinsured coverage in a minimum amount of 27.13$1,000,000.27.14If a party contracts with the motor carrier on behalf of the railroad to transport the railroad 27.15employees, then the insurance requirements may be satisfied by either that party or the 27.16motor carrier, so long as the motor carrier is a named insured or additional insured under 27.17any policy.27.18    (e) A person who sustains a conviction of violating section 169A.25, 169A.26, 27.19169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to 27.20169A.53 of the implied consent law, or who is convicted of or has their driver's license 27.21revoked under a similar statute or ordinance of another state, may not operate a vehicle 27.22under this subdivision for five years from the date of conviction. A person who sustains a 27.23conviction of a moving offense in violation of chapter 169 within three years of the first 27.24of three other moving offenses may not operate a vehicle under this subdivision for one 27.25year from the date of the last conviction. A person who has ever been convicted of a 27.26disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may 27.27not operate a vehicle under this subdivision.27.28(f) An operator who sustains a conviction as described in paragraph (e) while 27.29employed by the carrier shall report the conviction to the carrier within ten days of the 27.30date of the conviction.27.31(g) A carrier must implement a mandatory alcohol and controlled substance testing 27.32program as provided under sections 181.950 to 181.957 that consists of preemployment 27.33testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty 27.34testing, and follow-up testing.27.35(h) A motor carrier of railroad employees shall not allow or require a driver to drive 27.36or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours 28.1of combined on-duty time and drive time since last obtaining eight consecutive hours of 28.2off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive 28.3days. After 24 hours off duty, a driver begins a new seven consecutive day period and 28.4on-duty time is reset to zero.28.5(i) An operator who encounters an emergency and cannot, because of that 28.6emergency, safely complete a transportation assignment within the ten-hour maximum 28.7driving time permitted under paragraph (h), may drive for not more than two additional 28.8hours in order to complete that transportation assignment or to reach a place offering 28.9safety for the occupants of the vehicle and security for the transport motor vehicle, if the 28.10transportation assignment reasonably could have been completed within the ten-hour 28.11period absent the emergency.28.12(j) A carrier shall maintain and retain for a period of six months accurate time 28.13records that show the time the driver reports for duty each day; the total number of hours 28.14of on-duty time for each driver for each day; the time the driver is released from duty each 28.15day; and the total number of hours driven each day.28.16(k) For purposes of this subdivision, the following terms have the meanings given:28.17(1) "conviction" has the meaning given in section 609.02; and28.18(2) "on-duty time" means all time at a terminal, facility, or other property of a 28.19contract carrier or on any public property waiting to be dispatched. "On-duty time" 28.20includes time spent inspecting, servicing, or conditioning the vehicle.28.21EFFECTIVE DATE.Paragraph (d), clause (5), is effective July 1, 2010.28.22    Sec. 40. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:28.23    Subd. 5. Use of public roadways and appurtenances. The council may use for the 28.24purposes of sections 
         473.405 to 
         473.449 upon the conditions stated in this subdivision 28.25any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or 28.26other appurtenance of a roadway, without payment of any compensation, provided the 28.27use does not interfere unreasonably with the public use or maintenance of the roadway or 28.28appurtenance or entail any substantial additional costs for maintenance. The provisions of 28.29this subdivision do not apply to the property of any common carrier railroad or common 28.30carrier railroads. The consent of the public agency in charge of such state highway or 28.31other public highway or roadway or appurtenance is not required; except that if the council 28.32seeks to use a designated parkway for regular route service in the city of Minneapolis, it 28.33must obtain permission from and is subject to reasonable limitations imposed by a joint 28.34board consisting of two representatives from the council, two members of the board of 28.35park commissioners, and a fifth member jointly selected by the representatives of the 29.1council and the park other members of the board. If the use is a designated parkway 29.2for regular route service adjacent to the city of Minneapolis, it must obtain permission 29.3from and is subject to reasonable limitations imposed by a joint board consisting of one 29.4representative from the council, one member of a city council from a city contiguous to 29.5the city of Minneapolis, two members of the board of park commissioners, and a fifth 29.6member jointly selected by other members of the board.29.7The board of park commissioners and the council may designate persons to sit on 29.8the joint board. In considering a request by the council to use designated parkways for 29.9additional routes or trips, the joint board consisting of the council or their designees, 29.10the board of park commissioners or their designees, and the fifth member, shall base its 29.11decision to grant or deny the request based on the criteria to be established by the joint 29.12board. The decision to grant or deny the request must be made within 45 days of the 29.13date of the request. The park board must be notified immediately by the council of any 29.14temporary route detours. If the park board objects to the temporary route detours within 29.15five days of being notified, the joint board must convene and decide whether to grant the 29.16request, otherwise the request is deemed granted. If the agency objects to the proposed 29.17use or claims reimbursement from the council for additional cost of maintenance, it may 29.18commence an action against the council in the district court of the county wherein the 29.19highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings 29.20in the action must conform to the Rules of Civil Procedure applicable to the district courts. 29.21The court shall sit without jury. If the court determines that the use in question interferes 29.22unreasonably with the public use or maintenance of the roadway or appurtenance, it shall 29.23enjoin the use by the council. If the court determines that the use in question does not 29.24interfere unreasonably with the public use or maintenance of the roadway or appurtenance, 29.25but that it entails substantial additional maintenance costs, the court shall award judgment 29.26to the agency for the amount of the additional costs. Otherwise the court shall award 29.27judgment to the council. An aggrieved party may appeal from the judgment of the district 29.28court in the same manner as is provided for such appeals in other civil actions. The council 29.29may also use land within the right-of-way of any state highway or other public roadway 29.30for the erection of traffic control devices, other signs, and passenger shelters upon the 29.31conditions stated in this subdivision and subject only to the approval of the commissioner 29.32of transportation where required by statute, and subject to the express provisions of other 29.33applicable statutes and to federal requirements where necessary to qualify for federal aid.29.34    Sec. 41. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:30.1    Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle 30.2at the request of a law enforcement officer shall have a lien on the motor vehicle for the 30.3value of the storage and towing and the right to retain possession of the motor vehicle 30.4until the lien is lawfully discharged. This section does not apply to tows authorized 30.5in section 169.041, subdivision 4, clause (1) of vehicles parked in violation of snow 30.6emergency regulations.  30.7    Sec. 42. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR 30.8CITY OF FARMINGTON.30.9Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the 30.10commissioner of public safety, limiting sites for the office of deputy registrar based 30.11on either the distance to an existing deputy registrar office or the annual volume of 30.12transactions processed by any deputy registrar, the commissioner of public safety shall 30.13appoint a municipal deputy registrar of motor vehicles for the city of Farmington to 30.14operate a new full-service Office of Deputy Registrar, with full authority to function 30.15as a registration and motor vehicle tax collection bureau, at the city hall in the city of 30.16Farmington. All other provisions regarding the appointment and operation of a deputy 30.17registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota 30.18Rules, chapter 7406, apply to the office.30.19EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after 30.20the governing body of the city of Farmington and its chief clerical officer timely complete 30.21their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.30.22    Sec. 43. ENVIRONMENTAL IMPACT STATEMENT COMPLETION.30.23By December 31, 2009, the commissioner of transportation shall submit the final 30.24environmental impact statement to the Federal Highway Administration in the United 30.25States Department of Transportation for any project:30.26(1) that is a trunk highway construction or reconstruction project on a high-priority 30.27or medium-priority interregional corridor; and30.28(2) for which an environmental impact statement was started before August 1, 2006.30.29The commissioner shall perform this duty within existing appropriations that are 30.30allocated to District 7.30.31EFFECTIVE DATE.This section is effective the day following final enactment.30.32    Sec. 44. STUDY OF MANDATORY 24-HOUR VEHICLE LIGHTING.31.1(a) The commissioner of public safety, in cooperation with the commissioner of 31.2transportation, shall study the mandatory 24-hour use of vehicle lighting by vehicles 31.3on public highways. The study must examine the experience of jurisdictions in this 31.4country, Canada, and the European Union, that require 24-hour display of vehicle lighting, 31.5including but not limited to:31.6(1) environmental consequences;31.7(2) crash prevention;31.8(3) motorcycle, bicycle, and pedestrian safety;31.9(4) cost to drivers; and31.10(5) application to motorcycles.31.11(b) By January 15, 2011, the commissioners of transportation and public safety shall 31.12report their findings and recommendations to the chairs and ranking minority members of 31.13the legislative committees with jurisdiction over transportation policy. The report must be 31.14made electronically and available in print only upon request.31.15(c) The commissioners of public safety and transportation shall study and report 31.16under this section within current appropriations.31.17    Sec. 45. HIGHWAY CONSTRUCTION IN ROCHESTER.31.18The commissioner of transportation shall proceed without delay to issue to the 31.19city of Rochester the necessary permits that allow the city to complete the construction 31.20of a new interchange at marked Trunk Highway 52 and 65th Street NW in the city of 31.21Rochester. The commissioner shall review the environmental documentation prepared 31.22by the city in a timely manner and shall issue the necessary construction permits without 31.23delay upon the issuance of a finding of no significant impact. The city of Rochester shall 31.24be responsible for up to $5,000,000 of the cost of the design, right-of-way acquisition, and 31.25construction for the 65th Street NW Interchange.31.26    Sec. 46. ECONOMIC RECOVERY FUNDS APPLICATION.31.27The commissioner of transportation shall work in cooperation with the state of 31.28Wisconsin to prepare and submit timely application under the American Recovery and 31.29Reinvestment Act of 2009, Public Law 111-5, for grant funding relating to the planning, 31.30design, development, and construction of a high-speed passenger rail line connecting 31.31Chicago, La Crosse, and the Union Depot Concourse Multimodal Transit Hub, located in 31.32downtown St. Paul in the area south of Kellogg Boulevard and east of Jackson Street and 31.33the potential future connection to Minneapolis.32.1    Sec. 47. AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION 32.2CARD.32.3The commissioner of public safety shall enter into an agreement with the secretary 32.4of the United States Department of Homeland Security to develop an enhanced Minnesota 32.5driver's license and an enhanced Minnesota identification card to be designated by the 32.6secretary as acceptable documents to denote identity and citizenship for purposes of 32.7entering the United States at land and sea ports of entry upon implementation of section 32.87209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (United States 32.9Code, title 8, section 1185 Note).32.10EFFECTIVE DATE.This section is effective the day following final enactment.32.11    Sec. 48. RULEMAKING.32.12The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100, 32.137410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or 32.14enhanced identification card must prove United States citizenship and otherwise comply 32.15with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The 32.16amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20.32.17EFFECTIVE DATE.This section is effective the day following final enactment.32.18    Sec. 49.  REPEALER.32.19(a) Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355, 32.20subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18, are repealed.32.21(b) Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, are repealed.32.22    Sec. 50. EFFECTIVE DATE.32.23Sections 14 to 24 are effective June 1, 2009, for every enhanced driver's license and 32.24enhanced identification card that is issued on or after January 1, 2010.