HF 2807

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to transportation; modifying or adding provisions relating to 1.3transportation construction impacts on business, rest areas, highways, bridges, 1.4deputy registrars, vehicles, impounds, towing, intersection gridlock, bus 1.5operation, various traffic regulations, cargo tank vehicle weight exemptions, 1.6transportation department goals and mission, a Minnesota Council of 1.7Transportation Access, a Commuter Rail Corridor Coordinating Committee, 1.8railroad track safety, motor carriers of railroad employees, airport authorities, 1.9property acquisition for highways, transit, and town road interest extinguishment 1.10nullification; requiring a report; making technical and clarifying changes; 1.11amending Minnesota Statutes 2008, sections 161.14, by adding subdivisions; 1.12165.14, subdivisions 4, 5; 168.33, subdivision 2; 168B.06, subdivision 1; 1.13168B.07, subdivision 3; 169.041, subdivision 5; 169.15; 169.306; 169.87, 1.14by adding a subdivision; 174.01, subdivisions 1, 2; 174.02, subdivision 1a; 1.15174.86, subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision; 1.16360.061, subdivision 3; 473.167, subdivision 2a; 473.411, subdivision 5; 514.18, 1.17subdivision 1a; Minnesota Statutes 2009 Supplement, sections 160.165; 161.14, 1.18subdivision 62; 169.71, subdivision 1; 169.865, subdivision 1; Laws 2008, 1.19chapter 287, article 1, section 122; proposing coding for new law in Minnesota 1.20Statutes, chapters 160; 174; 221; repealing Minnesota Statutes 2008, sections 1.2113.721, subdivision 4; 169.041, subdivisions 3, 4; 221.0355, subdivisions 1, 2, 1.223, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18. 1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24    Section 1. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read: 1.25160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS 1.26ON BUSINESS. 1.27    Subdivision 1. Definitions. For the purposes of this section, the following terms 1.28have the meanings given: 1.29(1) "project" means construction work to maintain, construct, reconstruct, or 1.30improve 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 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, 2012. Subdivision 3 is new text end 2.24 new text begin effective July 1, 2010. 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, 2010, 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 2009 Supplement, section 161.14, subdivision 62, is 3.9amended 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 August 1, 2009, as Trunk Highway 200, 3.13from its intersection with Clearwater County State-Aid Highway 37 new text begin 39 new text end to its intersection 3.14with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that 3.15portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5. 3.16(b) The commissioner shall adopt a suitable marking design to mark this highway 3.17and erect appropriate signs, subject to section 161.139. 3.18    Sec. 4. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 3.19to read: 3.20     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 3.21 new text begin Trunk Highway 200 as of the effective date of this section, from the border with North new text end 3.22 new text begin Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The new text end 3.23 new text begin commissioner shall adopt a suitable design to mark this highway and erect appropriate new text end 3.24 new text begin signs, subject to section 161.139. new text end 3.25    Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 3.26to read: 3.27     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 3.28 new text begin 34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with new text end 3.29 new text begin County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection new text end 3.30 new text begin with County State-Aid Highway 33 to its intersection with County State-Aid Highway new text end 3.31 new text begin 39, is named and designated the "Becker County Veterans Memorial Highway." Subject new text end 3.32 new text begin to section 161.139, the commissioner shall adopt a suitable marking design to mark this new text end 3.33 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 2012 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 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010. new text end 5.8    Sec. 8. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read: 5.9    Subd. 5. Statewide transportation planning report. In conjunction with each 5.10update to the Minnesota statewide transportation plan, or at least every six years, the 5.11commissioner shall submit a report to the chairs and ranking minority members of the 5.12house of representatives and senate committees with jurisdiction over transportation 5.13finance. The report must include: 5.14    (1) an explanation of the criteria and decision-making processes used to prioritize 5.15bridge projects; 5.16    (2) a historical and projected analysis of the extent to which all trunk highway 5.17bridges meet bridge performance targets new text begin and comply with the accessibility requirements new text end 5.18 new text begin of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336 new text end ; 5.19    (3) a summary of bridge projects (i) completed in the previous six years or since the 5.20last update to the Minnesota statewide transportation plan, and (ii) currently in progress 5.21under the program; 5.22    (4) a summary of bridge projects scheduled in the next four fiscal years and included 5.23in the state transportation improvement program; 5.24    (5) a projection of annual needs over the next 20 years; 5.25    (6) a calculation new text begin of new text end funding necessary to meet the completion date under subdivision 5.264, paragraph (c), compared to the total amount of bridge-related funding available; and 5.27    (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an 5.28explanation of the reasons for repair instead of replacement. 5.29    Sec. 9. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read: 5.30    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause 5.31discontinue, a deputy registrar for any statutory or home rule charter city as the public 5.32interest and convenience may require, without regard to whether the county auditor of 5.33the county in which the city is situated has been appointed as the deputy registrar for the 5.34county or has been discontinued as the deputy registrar for the county, and without regard 6.1to whether the county in which the city is situated has established a county license bureau 6.2that issues motor vehicle licenses as provided in section 373.32. 6.3(b) The commissioner may appoint, and for cause discontinue, a deputy registrar 6.4for any statutory or home rule charter city as the public interest and convenience may 6.5require, if the auditor for the county in which the city is situated chooses not to accept 6.6appointment as the deputy registrar for the county or is discontinued as a deputy registrar, 6.7or if the county in which the city is situated has not established a county license bureau 6.8that issues motor vehicle licenses as provided in section 373.32. The individual appointed 6.9by the commissioner as a deputy registrar for any statutory or home rule charter city must 6.10be a resident of the county in which the city is situated. 6.11(c) The commissioner may appoint, and for cause discontinue, the county auditor of 6.12each county as a deputy registrar. 6.13(d) Despite any other provision, a person other than a county auditor or a director 6.14of a county license bureau, who was appointed by the registrar before August 1, 1976, 6.15as a deputy registrar for any statutory or home rule charter city, may continue to serve 6.16as deputy registrar and may be discontinued for cause only by the commissioner. The 6.17county auditor who appointed the deputy registrars is responsible for the acts of deputy 6.18registrars appointed by the auditor. 6.19(e) Each deputy, before entering upon the discharge of duties, shall take and 6.20subscribe an oath to faithfully discharge the duties and to uphold the laws of the state. 6.21(f) If a deputy registrar appointed under this subdivision is not an officer or employee 6.22of a county or statutory or home rule charter city, the deputy shall in addition give bond to 6.23the state in the sum of $10,000, or a larger sum as may be required by the commissioner, 6.24conditioned upon the faithful discharge of duties as deputy registrar. 6.25(g) Until January 1, 2012, A corporation governed by chapter 302A new text begin or 317A new text end 6.26may be appointed a deputy registrar. Upon application by an individual serving as a 6.27deputy registrar and the giving of the requisite bond as provided in this subdivision, 6.28personally assured by the individual or another individual approved by the commissioner, 6.29a corporation named in an application then becomes the duly appointed and qualified 6.30successor to the deputy registrar. The appointment of any corporation as a deputy registrar 6.31expires January 1, 2012. The commissioner shall appoint an individual as successor to 6.32the corporation as a deputy registrar. The commissioner shall appoint as the successor 6.33agent to a corporation whose appointment expires under this paragraph an officer of the 6.34corporation if the officer applies for appointment before July 1, 2012. 7.1(h) Each deputy registrar appointed under this subdivision shall keep and maintain 7.2office locations approved by the commissioner for the registration of vehicles and the 7.3collection of taxes and fees on vehicles. 7.4(i) The deputy registrar shall keep records and make reports to the commissioner as 7.5the commissioner requires. The records must be maintained at the offices of the deputy 7.6registrar. The records and offices of the deputy registrar must at all times be open to the 7.7inspection of the commissioner or the commissioner's agents. The deputy registrar shall 7.8report to the commissioner by the next working day following receipt all registrations 7.9made and taxes and fees collected by the deputy registrar. 7.10(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of 7.11the place for which appointed or, if not a public official, a deputy shall retain the filing fee, 7.12but the registration tax and any additional fees for delayed registration the deputy registrar 7.13has collected the deputy registrar shall deposit by the next working day following receipt 7.14in an approved state depository to the credit of the state through the commissioner of 7.15management and budget. The place for which the deputy registrar is appointed through its 7.16governing body must provide the deputy registrar with facilities and personnel to carry out 7.17the duties imposed by this subdivision if the deputy is a public official. In all other cases, 7.18the deputy shall maintain a suitable facility for serving the public. 7.19    Sec. 10. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read: 7.20    Subdivision 1. Written notice of impound. (a) When an impounded vehicle is 7.21taken into custody, the unit of government or impound lot operator taking it into custody 7.22shall give written notice of the taking within five days to the registered vehicle owner 7.23and any lienholders. 7.24    (b) The notice must: 7.25    (1) set forth the date and place of the taking; 7.26    (2) provide the year, make, model, and serial number of the impounded motor 7.27vehicle, if such information can be reasonably obtained, and the place where the vehicle 7.28is being held; 7.29    (3) inform the owner and any lienholders of their right to reclaim the vehicle under 7.30section 168B.07; 7.31    (4) state that failure of the owner or lienholders to: 7.32    (i) exercise their right to reclaim the vehicle within the appropriate time allowed 7.33under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in 7.34section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest 8.1in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle 8.2pursuant to section 168B.08; or 8.3    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate 8.4time allowed and under the conditions set forth in section 168B.07, subdivision 3, 8.5constitutes a waiver by them of all right, title, and interest in the contents and consent to 8.6sell or dispose of the contents under section 168B.08; and 8.7    (5) state that a vehicle owner who provides to the impound lot operator 8.8documentation from a government or nonprofit agency or legal aid office that the owner 8.9is homeless, receives relief based on need, new text begin or new text end is eligible for legal aid services, or has a 8.10household income at or below 50 percent of state median income has the unencumbered 8.11right to retrieve any and all contents without charge. 8.12    Sec. 11. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read: 8.13    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision: 8.14    (1) "contents" does not include any permanently affixed mechanical or 8.15nonmechanical automobile parts; automobile body parts; or automobile accessories, 8.16including audio or video players; and 8.17    (2) "relief based on need" includes, but is not limited to, receipt of MFIP 8.18and Diversionary Work Program, medical assistance, general assistance, general 8.19assistance medical care, emergency general assistance, Minnesota supplemental aid, 8.20MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy 8.21assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota 8.22working family tax credit. 8.23    (b) A unit of government or impound lot operator shall establish reasonable 8.24procedures for retrieval of vehicle contents, and may establish reasonable procedures to 8.25protect the safety and security of the impound lot and its personnel. 8.26    (c) At any time before the expiration of the waiting periods provided in section 8.27168B.051 , a registered owner who provides documentation from a government or 8.28nonprofit agency or legal aid office that the registered owner is homeless, receives relief 8.29based on need, new text begin or new text end is eligible for legal aid services, or has a household income at or below 8.3050 percent of state median income has the unencumbered right to retrieve any and all 8.31contents without charge and regardless of whether the registered owner pays incurred 8.32charges or fees, transfers title, or reclaims the vehicle. 8.33    Sec. 12. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read: 9.1    Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, new text begin (a) new text end A 9.2towing authority may not tow a motor vehicle because: 9.3(1) the vehicle has expired registration tabs that have been expired for less than 9.490 days; new text begin or new text end 9.5(2) the vehicle is at a parking meter on which the time has expired and the vehicle 9.6has fewer than five unpaid parking tickets new text begin . new text end 9.7 new text begin (b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if: new text end 9.8 new text begin (1) the vehicle is parked in violation of snow emergency regulations; new text end 9.9 new text begin (2) the vehicle is parked in a rush-hour restricted parking area; new text end 9.10 new text begin (3) the vehicle is blocking a driveway, alley, or fire hydrant; new text end 9.11 new text begin (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking new text end 9.12 new text begin is prohibited; new text end 9.13 new text begin (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the new text end 9.14 new text begin stop sign; new text end 9.15 new text begin (6) the vehicle is parked in a disability transfer zone or disability parking space new text end 9.16 new text begin without a disability parking certificate or disability license plates; new text end 9.17 new text begin (7) the vehicle is parked in an area that has been posted for temporary restricted new text end 9.18 new text begin parking (A) at least 12 hours in advance in a home rule charter or statutory city having new text end 9.19 new text begin a population under 50,000, or (B) at least 24 hours in advance in another political new text end 9.20 new text begin subdivision; new text end 9.21 new text begin (8) the vehicle is parked within the right-of-way of a controlled-access highway or new text end 9.22 new text begin within the traveled portion of a public street when travel is allowed there; new text end 9.23 new text begin (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to new text end 9.24 new text begin use by fire, police, public safety, or emergency vehicles; new text end 9.25 new text begin (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul new text end 9.26 new text begin International Airport owned by the Metropolitan Airports Commission; new text end 9.27 new text begin (11) a law enforcement official has probable cause to believe that the vehicle is new text end 9.28 new text begin stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is new text end 9.29 new text begin reasonably necessary to obtain or preserve the evidence; new text end 9.30 new text begin (12) the driver, operator, or person in physical control of the vehicle is taken into new text end 9.31 new text begin custody and the vehicle is impounded for safekeeping; new text end 9.32 new text begin (13) a law enforcement official has probable cause to believe that the owner, new text end 9.33 new text begin operator, or person in physical control of the vehicle has failed to respond to five or more new text end 9.34 new text begin citations for parking or traffic offenses; new text end 9.35 new text begin (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs new text end 9.36 new text begin to use by taxicabs; new text end 10.1 new text begin (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked new text end 10.2 new text begin vehicle; new text end 10.3 new text begin (16) the vehicle is parked, on a school day during prohibited hours, in a school zone new text end 10.4 new text begin on a public street where official signs prohibit parking; or new text end 10.5 new text begin (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section new text end 10.6 new text begin , and subject to immediate removal under chapter 168B new text end . 10.7    Sec. 13. Minnesota Statutes 2008, section 169.15, is amended to read: 10.8169.15 IMPEDING TRAFFIC new text begin ; INTERSECTION GRIDLOCK new text end . 10.9     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 10.10motor vehicle at such a slow speed as to impede or block the normal and reasonable 10.11movement of traffic except when reduced speed is necessary for safe operation or in 10.12compliance with law or except when the vehicle is temporarily unable to maintain a greater 10.13speed due to a combination of the weight of the vehicle and the grade of the highway. 10.14     new text begin Subd. 2. new text end new text begin Intersection gridlock; stop or block traffic. new text end new text begin (a) Except as provided new text end 10.15 new text begin in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a new text end 10.16 new text begin traffic-control signal until the driver is able to move the vehicle immediately, continuously, new text end 10.17 new text begin and completely through the intersection without impeding or blocking the subsequent new text end 10.18 new text begin movement of cross traffic. new text end 10.19 new text begin (b) Paragraph (a) does not apply to movement of a vehicle made: new text end 10.20 new text begin (1) at the direction of a city-authorized traffic-control agent or a peace officer; new text end 10.21 new text begin (2) to facilitate passage of an authorized emergency vehicle with its emergency new text end 10.22 new text begin lights activated; or new text end 10.23 new text begin (3) to make a turn, as permitted under section 169.19, that allows the vehicle to new text end 10.24 new text begin safely leave the intersection. new text end 10.25 new text begin (c) A violation of this subdivision does not constitute grounds for suspension or new text end 10.26 new text begin revocation of the violator's driver's license. new text end 10.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2011, and applies to acts new text end 10.28 new text begin committed on or after that date. new text end 10.29    Sec. 14. Minnesota Statutes 2008, section 169.306, is amended to read: 10.30169.306 USE OF SHOULDERS BY BUSES. 10.31(a) The commissioner of transportation may new text begin is authorized to new text end permit the use by transit 10.32buses and Metro Mobility buses of a shoulder new text begin , as designated by the commissioner, new text end of a 11.1freeway or expressway, as defined in section 160.02, in the seven-county metropolitan 11.2area new text begin in Minnesota new text end . 11.3(b) If the commissioner permits the use of a freeway or expressway shoulder by 11.4transit buses, the commissioner shall also permit the use on that shoulder of a bus new text begin (1) new text end with 11.5a seating capacity of 40 passengers or more operated by a motor carrier of passengers, 11.6as defined in section 221.012, subdivision 26, while operating in intrastate commerce new text begin or new text end 11.7 new text begin (2) providing regular route transit service, as defined in section 174.22, subdivision 8, or new text end 11.8 new text begin Metro Mobility services, and operated by or under contract with the Metropolitan Council, new text end 11.9 new text begin a local transit authority, or a transit authority created by the legislature. Drivers of these new text end 11.10 new text begin buses must have adequate training in the requirements of paragraph (c), as determined by new text end 11.11 new text begin the commissioner new text end . 11.12(c) Buses authorized to use the shoulder under this section may be operated on the 11.13shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of 11.14buses being operated on the shoulder may not exceed the speed of main-line traffic by 11.15more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses 11.16being operated on the shoulder must yield to merging, entering, and exiting traffic and 11.17must yield to other vehicles on the shoulder. Buses operated on the shoulder must be 11.18registered with the Department of Transportation. 11.19(d) For the purposes of this section, the term "Metro Mobility bus" means a motor 11.20vehicle of not less than 20 feet in length engaged in providing special transportation 11.21services under section 473.386 that is: 11.22(1) operated by the Metropolitan Council, or operated by new text begin or under contract with new text end a 11.23public or private entity receiving financial assistance new text begin to provide transit services new text end from the 11.24Metropolitan Council new text begin or the commissioner of transportation new text end ; and 11.25(2) authorized by the council new text begin commissioner new text end to use freeway or expressway shoulders. 11.26(e) This section does not apply to the operation of buses on dynamic shoulder lanes. 11.27    Sec. 15. Minnesota Statutes 2009 Supplement, section 169.71, subdivision 1, is 11.28amended to read: 11.29    Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or 11.30operate any motor vehicle with: 11.31(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision; 11.32(2) any objects suspended between the driver and the windshield, other than: 11.33(i) sun visors; 11.34(ii) rearview mirrors; 12.1 new text begin (iii) driver feedback and safety-monitoring equipment when mounted immediately new text end 12.2 new text begin behind, slightly above, or slightly below the rearview mirror; new text end 12.3(iii) new text begin (iv) new text end global positioning systems or navigation systems when mounted or located 12.4near the bottommost portion of the windshield; and 12.5(iv) new text begin (v) new text end electronic toll collection devices; or 12.6(3) any sign, poster, or other nontransparent material upon the front windshield, 12.7sidewings, or side or rear windows of the vehicle, other than a certificate or other paper 12.8required to be so displayed by law or authorized by the state director of the Division of 12.9Emergency Management or the commissioner of public safety. 12.10(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles. 12.11(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles. 12.12    Sec. 16. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is 12.13amended to read: 12.14    Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit 12.15authorizing a vehicle or combination of vehicles with a total of six or more axles to haul 12.16raw or unprocessed agricultural products and be operated with a gross vehicle weight 12.17of up to: 12.18    (1) 90,000 pounds; and 12.19    (2) 99,000 pounds during the period set by the commissioner under section 169.826, 12.20subdivision 1 . 12.21    (b) Notwithstanding subdivision 4 new text begin 3 new text end , paragraph (a), clause (4), a vehicle or 12.22combination of vehicles operated under this subdivision and transporting only sealed 12.23intermodal containers may be operated on an interstate highway if allowed by the United 12.24States Department of Transportation. 12.25    (c) The fee for a permit issued under this subdivision is $300. 12.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2008. new text end 12.27    Sec. 17. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision 12.28to read: 12.29     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 12.30 new text begin under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent new text end 12.31 new text begin axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted new text end 12.32 new text begin roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank. new text end 12.33 new text begin (b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end 12.34 new text begin used for propane must have an operating gauge on the cargo tank that shows the amount of new text end 13.1 new text begin propane as a percent of capacity of the cargo tank. Documentation of the capacity of the new text end 13.2 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 13.3 new text begin this subdivision, propane weighs 4.2 pounds per gallon. new text end 13.4 new text begin (c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end 13.5 new text begin used for dyed fuel oil must utilize the forward two tank compartments and must carry new text end 13.6 new text begin documentation of the empty weight of the cargo tank vehicle from a certified scale in the new text end 13.7 new text begin cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds new text end 13.8 new text begin per gallon. new text end 13.9 new text begin (d) To the extent practicable, cargo tank vehicles that are exempt from weight new text end 13.10 new text begin restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted new text end 13.11 new text begin roads by 12:00 p.m. and before the last week of April. new text end 13.12    Sec. 18. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read: 13.13    Subdivision 1. Department created. In order to provide a balanced new text begin an integrated new text end 13.14transportation system, including new text begin of new text end aeronautics, highways, motor carriers, ports, public 13.15transit, railroads, and pipelines, new text begin and including facilities for walking and bicycling, new text end a 13.16Department of Transportation is created. The department is the principal agency of the 13.17state for development, implementation, administration, consolidation, and coordination of 13.18state transportation policies, plans, and programs. 13.19    Sec. 19. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read: 13.20    Subd. 2. Transportation goals. The goals of the state transportation system are 13.21as follows: 13.22    (1) to provide safe transportation new text begin minimize fatalities and injuries new text end for new text begin transportation new text end 13.23users throughout the state; 13.24    (2) to provide multimodal and intermodal transportation that enhances mobility and 13.25economic development and provides access to all persons and businesses in Minnesota 13.26while ensuring that there is no new text begin facilities and services to increase access for all persons and new text end 13.27 new text begin businesses and to ensure economic well-being and quality of life without new text end undue burden 13.28placed on any community; 13.29    (3) to provide a reasonable travel time for commuters; 13.30    (4) to new text begin enhance economic development and new text end provide for the economical, efficient, and 13.31safe movement of goods to and from markets by rail, highway, and waterway; 13.32    (5) to encourage tourism by providing appropriate transportation to Minnesota 13.33facilities designed to attract tourists new text begin and to enhance the appeal, through transportation new text end 13.34 new text begin investments, of tourist destinations across the state new text end ; 14.1    (6) to provide transit services throughout new text begin to all counties in new text end the state to meet the 14.2needs of transit users; 14.3    (7) to promote productivity new text begin accountability new text end through system new text begin systematic new text end management 14.4 new text begin of system performance new text end and new text begin productivity through new text end the utilization of technological 14.5advancements; 14.6    (8) to maximize the long-term benefits received for each state transportation 14.7investment; 14.8    (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 14.9minimum, preserves the transportation infrastructure new text begin ensures that the state's transportation new text end 14.10 new text begin infrastructure is maintained in a state of good repair new text end ; 14.11    (10) to ensure that the planning and implementation of all modes of transportation 14.12are consistent with the environmental and energy goals of the state; 14.13    (11) to promote and increase the use of high-occupancy vehicles and low-emission 14.14vehicles; 14.15    (12) to provide an air transportation system sufficient to encourage economic growth 14.16and allow all regions of the state the ability to participate in the global economy; 14.17    (13) to increase transit use new text begin of transit as a percentage of all trips new text end statewide by giving 14.18highest priority to the transportation modes with the greatest people-moving capacity and 14.19lowest long-term economic and environmental cost; 14.20    (14) to promote and increase bicycling new text begin and walking as a percentage of all trips new text end as an 14.21energy-efficient, nonpolluting, and healthful form new text begin healthy forms new text end of transportation; 14.22    (15) to reduce greenhouse gas emissions from the state's transportation sector; and 14.23    (16) to accomplish these goals with minimal impact on the environment. 14.24    Sec. 20. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read: 14.25    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part 14.26of the department's mission that within the department's resources the commissioner 14.27shall endeavor to: 14.28    (1) prevent the waste or unnecessary spending of public money; 14.29    (2) use innovative fiscal and human resource practices to manage the state's 14.30resources and operate the department as efficiently as possible; 14.31    (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 14.32 new text begin reduction in greenhouse gas emissions new text end ; 14.33    (4) coordinate the department's activities wherever appropriate with the activities 14.34of other governmental agencies; 15.1    (5) use technology where appropriate to increase agency productivity, improve 15.2customer service, increase public access to information about government, and increase 15.3public participation in the business of government; 15.4    (6) utilize constructive and cooperative labor-management practices to the extent 15.5otherwise required by chapters 43A and 179A; 15.6    (7) report to the legislature on the performance of agency operations and the 15.7accomplishment of agency goals in the agency's biennial budget according to section 15.816A.10, subdivision 1 ; and 15.9    (8) recommend to the legislature appropriate changes in law necessary to carry out 15.10the mission and improve the performance of the department. 15.11    Sec. 21. new text begin [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS. new text end 15.12     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 15.13 new text begin Access is established to study, evaluate, oversee, and make recommendations to improve new text end 15.14 new text begin the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of new text end 15.15 new text begin transportation services provided to the transit public. "Transit public" means those persons new text end 15.16 new text begin who utilize public transit and those who, because of mental or physical disability, income new text end 15.17 new text begin status, or age are unable to transport themselves and are dependent upon others for new text end 15.18 new text begin transportation services. new text end 15.19     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 15.20 new text begin the council shall adopt a biennial work plan that must incorporate the following activities: new text end 15.21 new text begin (1) compile information on existing transportation alternatives for the transit public, new text end 15.22 new text begin and serve as a clearinghouse for information on services, funding sources, innovations, new text end 15.23 new text begin and coordination efforts; new text end 15.24 new text begin (2) identify best practices and strategies that have been successful in Minnesota and new text end 15.25 new text begin in other states for coordination of local, regional, state, and federal funding and services; new text end 15.26 new text begin (3) recommend statewide objectives for providing public transportation services new text end 15.27 new text begin for the transit public; new text end 15.28 new text begin (4) identify barriers prohibiting coordination and accessibility of public new text end 15.29 new text begin transportation services and aggressively pursue the elimination of those barriers; new text end 15.30 new text begin (5) recommend policies and procedures for coordinating local, regional, state, and new text end 15.31 new text begin federal funding and services for the transit public; new text end 15.32 new text begin (6) identify stakeholders in providing services for the transit public, and seek input new text end 15.33 new text begin from them concerning barriers and appropriate strategies; new text end 15.34 new text begin (7) recommend guidelines for developing transportation coordination plans new text end 15.35 new text begin throughout the state; new text end 16.1 new text begin (8) encourage all state agencies participating in the council to purchase trips within new text end 16.2 new text begin the coordinated system; new text end 16.3 new text begin (9) facilitate the creation and operation of transportation brokerages to match new text end 16.4 new text begin riders to the appropriate service, promote shared dispatching, compile and disseminate new text end 16.5 new text begin information on transportation options, and promote regional communication; new text end 16.6 new text begin (10) encourage volunteer driver programs and recommend legislation to address new text end 16.7 new text begin liability and insurance issues; new text end 16.8 new text begin (11) recommend minimum performance standards for delivery of services; new text end 16.9 new text begin (12) identify methods to eliminate fraud and abuse in special transportation services; new text end 16.10 new text begin (13) develop a standard method for addressing liability insurance requirements for new text end 16.11 new text begin transportation services purchased, provided, or coordinated; new text end 16.12 new text begin (14) design and develop a contracting template for providing coordinated new text end 16.13 new text begin transportation services; new text end 16.14 new text begin (15) recommend an interagency uniform contracting and billing and accounting new text end 16.15 new text begin system for providing coordinated transportation services; new text end 16.16 new text begin (16) encourage the design and development of training programs for coordinated new text end 16.17 new text begin transportation services; new text end 16.18 new text begin (17) encourage the use of public school transportation vehicles for the transit public; new text end 16.19 new text begin (18) develop an allocation methodology that equitably distributes transportation new text end 16.20 new text begin funds to compensate units of government and all entities that provide coordinated new text end 16.21 new text begin transportation services; new text end 16.22 new text begin (19) identify policies and necessary legislation to facilitate vehicle sharing; and new text end 16.23 new text begin (20) advocate aggressively for eliminating barriers to coordination, implementing new text end 16.24 new text begin coordination strategies, enacting necessary legislation, and appropriating resources to new text end 16.25 new text begin achieve the council's objectives. new text end 16.26     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 16.27 new text begin (1) two members of the senate appointed by the Subcommittee on Committees of the new text end 16.28 new text begin Committee on Rules and Administration, one of whom must be a member of the minority; new text end 16.29 new text begin (2) two members of the house of representatives, one appointed by the speaker of the new text end 16.30 new text begin house and one appointed by the minority leader; new text end 16.31 new text begin (3) one representative from the Office of the Governor; new text end 16.32 new text begin (4) one representative from the Council on Disability; new text end 16.33 new text begin (5) one representative from the Minnesota Public Transit Association; new text end 16.34 new text begin (6) the commissioner of transportation or a designee; new text end 16.35 new text begin (7) the commissioner of human services or a designee; new text end 16.36 new text begin (8) the commissioner of health or a designee; new text end 17.1 new text begin (9) the chair of the Metropolitan Council or a designee; new text end 17.2 new text begin (10) the commissioner of education or a designee; new text end 17.3 new text begin (11) the commissioner of veterans affairs or a designee; new text end 17.4 new text begin (12) one representative from the Board on Aging; new text end 17.5 new text begin (13) the commissioner of employment and economic development or a designee; new text end 17.6 new text begin (14) the commissioner of commerce or a designee; and new text end 17.7 new text begin (15) the commissioner of finance or a designee. new text end 17.8 new text begin (b) All appointments required by paragraph (a) must be completed by August new text end 17.9 new text begin 1, 2010. new text end 17.10 new text begin (c) The commissioner of transportation or a designee shall convene the first meeting new text end 17.11 new text begin of the council within two weeks after the members have been appointed to the council. new text end 17.12 new text begin The members shall elect a chairperson from their membership at the first meeting. new text end 17.13 new text begin (d) The Department of Transportation and the Department of Human Services shall new text end 17.14 new text begin provide necessary staff support for the council. new text end 17.15     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 2012, the council shall new text end 17.16 new text begin report its findings, recommendations, and activities to the governor's office and to the new text end 17.17 new text begin chairs and ranking minority members of the legislative committees with jurisdiction new text end 17.18 new text begin over transportation, health, and human services, and to the legislature as provided under new text end 17.19 new text begin section 3.195. new text end 17.20     new text begin Subd. 5. new text end new text begin Reimbursement. new text end new text begin Members of the council shall receive reimbursement new text end 17.21 new text begin of expenses as provided in section 15.059, subdivision 3. new text end 17.22     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin This section expires June 30, 2014. new text end 17.23    Sec. 22. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read: 17.24    Subd. 5. Commuter Rail Corridor Coordinating Committee. (a) A Commuter 17.25Rail Corridor Coordinating Committee shall be new text begin is new text end established to advise the commissioner 17.26on issues relating to the alternatives analysis, environmental review, advanced corridor 17.27planning, preliminary engineering, final design, implementation method, construction of 17.28commuter rail, public involvement, land use, service, and safety. The Commuter Rail 17.29Corridor Coordinating Committee shall consist of: 17.30(1) one member representing each significant funding partner in whose jurisdiction 17.31the line or lines are located; 17.32(2) one member appointed by each county in which the corridors are located; 17.33(3) one member appointed by each city in which advanced corridor plans indicate 17.34that a station may be located; 18.1(4) two members appointed by the commissioner, one of whom shall be designated 18.2by the commissioner as the chair of the committee; 18.3(5) one member appointed by each metropolitan planning organization through 18.4which the commuter rail line may pass; and 18.5(6) one member appointed by the president of the University of Minnesota, if a 18.6designated corridor provides direct service to the university. new text begin ; and new text end 18.7 new text begin (7) two ex-officio members who are members of labor organizations operating new text end 18.8 new text begin in, and with authority for, trains or rail yards or stations junctioning with freight and new text end 18.9 new text begin commuter rail lines on corridors, with one member appointed by the speaker of the house new text end 18.10 new text begin and the other member appointed by the senate Rules and Administration Subcommittee new text end 18.11 new text begin on Committees. new text end 18.12(b) A joint powers board existing on April 1, 1999, consisting of local governments 18.13along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in 18.14place of the committee. 18.15(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire. 18.16    Sec. 23. Minnesota Statutes 2008, section 219.01, is amended to read: 18.17219.01 TRACK SAFETY STANDARDS new text begin ; SAFETY TECHNOLOGY GRANTS new text end . 18.18 new text begin (a) new text end The track safety standards of the United States Department of Transportation and 18.19Federal Railroad Administration apply to railroad trackage and are the standards for the 18.20determination of unsafe trackage within the state. 18.21 new text begin (b) The commissioner of transportation shall apply to the Federal Railroad new text end 18.22 new text begin Administration under Public Law 110-432, the Railroad Safety Enhancement Act of new text end 18.23 new text begin 2008 (the act), for (1) railroad safety technology grant funding available under section new text end 18.24 new text begin 105 of the act and (2) development and installation of rail safety technology, including new text end 18.25 new text begin provision for switch position indicator signals in nonsignalized main track territory, new text end 18.26 new text begin under section 406 of the act. The commissioner shall respond and make application to new text end 18.27 new text begin the Federal Railroad Administration notice of funds availability under the Rail Safety new text end 18.28 new text begin Assurance Act in a timely manner and before the date of the program deadline to assure new text end 18.29 new text begin full consideration of the application. The commissioner shall (i) prioritize grant requests new text end 18.30 new text begin for the installation of switch indicator signals on all segments of nonsignalized track new text end 18.31 new text begin where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in new text end 18.32 new text begin each year after 2010 until all nonsignalized track territory in the state has switch indicator new text end 18.33 new text begin signals installed and in operation. new text end 18.34 new text begin (c) Prior to applying for funds under paragraph (b), the commissioner shall solicit new text end 18.35 new text begin grant requests from all eligible railroads. The commissioner shall submit written notice to new text end 19.1 new text begin the chairs of the legislative committees with jurisdiction over transportation policy and new text end 19.2 new text begin finance of an acceptance by a class I or class II railroad of federal grant program funding new text end 19.3 new text begin for switch point indicator monitor systems. new text end 19.4 new text begin (d) Participating railroads shall provide the 20 percent nonfederal match. Railroads new text end 19.5 new text begin shall provide all technical documentation requested by the commissioner and required by new text end 19.6 new text begin the Federal Railroad Administration for the applications under paragraph (b). Railroads new text end 19.7 new text begin are responsible for developing, acquiring, and installing all rail safety technology obtained new text end 19.8 new text begin under this section in accordance with requirements established by the Federal Railroad new text end 19.9 new text begin Administration. new text end 19.10    Sec. 24. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision 19.11to read: 19.12     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 19.13 new text begin employees" means a motor carrier engaged in the for-hire transportation of railroad new text end 19.14 new text begin employees of a class I or II common carrier, as defined in Code of Federal Regulations, new text end 19.15 new text begin title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with new text end 19.16 new text begin a common carrier, as defined in section 218.011, subdivision 10. new text end 19.17    Sec. 25. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read: 19.18    Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service" 19.19means a service provided by a person engaged in the for-hire transportation of passengers 19.20in a vehicle designed to transport seven or fewer persons, including the driver. 19.21(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small 19.22vehicle passenger service" also includes for-hire transportation of persons who are certified 19.23by the Metropolitan Council to use special transportation service provided under section 19.24473.386 , in a vehicle designed to transport not more than 15 persons including the driver, 19.25that is equipped with a wheelchair lift and at least three wheelchair securement positions. 19.26 new text begin (c) Small vehicle passenger service does not include a motor carrier of railroad new text end 19.27 new text begin employees. new text end 19.28    Sec. 26. new text begin [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES. new text end 19.29 new text begin (a) A motor carrier of railroad employees must meet the requirements specified in new text end 19.30 new text begin this section, is subject to section 221.291, and is otherwise exempt from the provisions new text end 19.31 new text begin of this chapter. new text end 19.32 new text begin (b) A vehicle operator for a motor carrier of railroad employees who transports new text end 19.33 new text begin passengers must: new text end 20.1 new text begin (1) have a valid driver's license under chapter 171; and new text end 20.2 new text begin (2) submit to a physical examination. new text end 20.3 new text begin (c) The carrier must implement a policy that provides for annual training and new text end 20.4 new text begin certification of the operator in: new text end 20.5     new text begin (1) safe operation of the vehicle transporting railroad employees; new text end 20.6     new text begin (2) knowing and understanding relevant laws, rules of the road, and safety policies; new text end 20.7     new text begin (3) handling emergency situations; new text end 20.8 new text begin (4) proper use of seat belts; new text end 20.9     new text begin (5) performance of pretrip and posttrip vehicle inspections, and inspection record new text end 20.10 new text begin keeping; and new text end 20.11 new text begin (6) proper maintenance of required records. new text end 20.12 new text begin (d) The carrier must: new text end 20.13 new text begin (1) perform a background check or background investigation of the operator; new text end 20.14 new text begin (2) annually verify the operator's driver's license; new text end 20.15 new text begin (3) document meeting the requirements in this subdivision, and maintain the file new text end 20.16 new text begin at the carrier's business location; new text end 20.17 new text begin (4) maintain liability insurance in a minimum amount of $5,000,000 regardless new text end 20.18 new text begin of the seating capacity of the vehicle; and new text end 20.19 new text begin (5) maintain uninsured and underinsured coverage in a minimum amount of new text end 20.20 new text begin $1,000,000. new text end 20.21 new text begin If a party contracts with the motor carrier on behalf of the railroad to transport the railroad new text end 20.22 new text begin employees, then the insurance requirements may be satisfied by either that party or the new text end 20.23 new text begin motor carrier, so long as the motor carrier is a named insured or additional insured under new text end 20.24 new text begin any policy. new text end 20.25     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 20.26 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 20.27 new text begin of the implied consent law, or who is convicted of or has their driver's license new text end 20.28 new text begin revoked under a similar statute or ordinance of another state, may not operate a vehicle new text end 20.29 new text begin under this subdivision for five years from the date of conviction. A person who sustains a new text end 20.30 new text begin conviction of a moving offense in violation of chapter 169 within three years of the first new text end 20.31 new text begin of three other moving offenses may not operate a vehicle under this subdivision for one new text end 20.32 new text begin year from the date of the last conviction. A person who has ever been convicted of a new text end 20.33 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 20.34 new text begin not operate a vehicle under this subdivision. new text end 21.1 new text begin (f) An operator who sustains a conviction as described in paragraph (e) while new text end 21.2 new text begin employed by the carrier shall report the conviction to the carrier within ten days of the new text end 21.3 new text begin date of the conviction. new text end 21.4 new text begin (g) A carrier must implement a mandatory alcohol and controlled substance testing new text end 21.5 new text begin program as provided under sections 181.950 to 181.957 that consists of preemployment new text end 21.6 new text begin testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty new text end 21.7 new text begin testing, and follow-up testing. new text end 21.8 new text begin (h) A motor carrier of railroad employees shall not allow or require a driver to drive new text end 21.9 new text begin or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours new text end 21.10 new text begin of combined on-duty time and drive time since last obtaining eight consecutive hours of new text end 21.11 new text begin off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive new text end 21.12 new text begin days. After 24 hours off duty, a driver begins a new seven consecutive day period and new text end 21.13 new text begin on-duty time is reset to zero. new text end 21.14 new text begin (i) An operator who encounters an emergency and cannot, because of that new text end 21.15 new text begin emergency, safely complete a transportation assignment within the ten-hour maximum new text end 21.16 new text begin driving time permitted under paragraph (h), may drive for not more than two additional new text end 21.17 new text begin hours in order to complete that transportation assignment or to reach a place offering new text end 21.18 new text begin safety for the occupants of the vehicle and security for the transport motor vehicle, if the new text end 21.19 new text begin transportation assignment reasonably could have been completed within the ten-hour new text end 21.20 new text begin period absent the emergency. new text end 21.21 new text begin (j) A carrier shall maintain and retain for a period of six months accurate time new text end 21.22 new text begin records that show the time the driver reports for duty each day; the total number of hours new text end 21.23 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 21.24 new text begin day; and the total number of hours driven each day. new text end 21.25 new text begin (k) For purposes of this subdivision, the following terms have the meanings given: new text end 21.26 new text begin (1) "conviction" has the meaning given in section 609.02; and new text end 21.27 new text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a new text end 21.28 new text begin contract carrier or on any public property waiting to be dispatched. On-duty time includes new text end 21.29 new text begin time spent inspecting, servicing, or conditioning the vehicle. new text end 21.30 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (d), clause (5), is effective July 1, 2011. new text end 21.31    Sec. 27. Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read: 21.32    Subd. 3. Municipality. "Municipality" does not include a county unless the county 21.33owns or controls an airport, in which case such county may exercise all the powers 21.34granted by said sections to other municipalities. It specifically includes a town, new text begin an airport new text end 22.1 new text begin authority, new text end the Metropolitan Airports Commission established and operated pursuant to 22.2chapter 473, and the state of Minnesota. 22.3    Sec. 28. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read: 22.4    Subd. 2a. Hardship new text begin Loans for new text end acquisition and relocation. (a) The council may 22.5make hardship loans to acquiring authorities within the metropolitan area to purchase 22.6homestead property located in a proposed state trunk highway right-of-way or project, 22.7and to provide relocation assistance. Acquiring authorities are authorized to accept the 22.8loans and to acquire the property. Except as provided in this subdivision, the loans shall 22.9be made as provided in subdivision 2. Loans shall be in the amount of the fair market 22.10value of the homestead property plus relocation costs and less salvage value. Before 22.11construction of the highway begins, the acquiring authority shall convey the property to 22.12the commissioner of transportation at the same price it paid, plus relocation costs and less 22.13its salvage value. Acquisition and assistance under this subdivision must conform to 22.14sections 117.50 to 117.56. 22.15(b) The council may make hardship loans only when: 22.16(1) the owner of affected homestead property requests acquisition and relocation 22.17assistance from an acquiring authority; 22.18(2) federal or state financial participation is not available; 22.19(3) the owner is unable to sell the homestead property at its appraised market 22.20value because the property is located in a proposed state trunk highway right-of-way or 22.21project as indicated on an official map or plat adopted under section 160.085, 394.361, or 22.22462.359 ; new text begin and new text end 22.23(4) the council agrees to and approves the fair market value of the homestead 22.24property, which approval shall not be unreasonably withheld; and new text begin . new text end 22.25(5) the owner of the homestead property is burdened by circumstances that constitute 22.26a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by 22.27the owner's employer to a distant site of employment; or inability of the owner to maintain 22.28the property due to physical or mental disability or the permanent departure of children 22.29from the homestead. 22.30(c) For purposes of this subdivision, the following terms have the meanings given 22.31them. 22.32(1) "Acquiring authority" means counties, towns, and statutory and home rule 22.33charter cities in the metropolitan area. 23.1(2) "Homestead property" means new text begin (i) new text end a single-family dwelling occupied by the owner, 23.2and the surrounding land, not exceeding a total of ten acres new text begin ; or (ii) a manufactured home, new text end 23.3 new text begin as defined in section 327B.01, subdivision 13 new text end . 23.4(3) "Salvage value" means the probable sale price of the dwelling and other property 23.5that is severable from the land if offered for sale on the condition that it be removed from 23.6the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge 23.7of the possible uses of the property, including separate use of serviceable components and 23.8scrap when there is no other reasonable prospect of sale. 23.9    Sec. 29. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read: 23.10    Subd. 5. Use of public roadways and appurtenances. The council may use for the 23.11purposes of sections 473.405 to 473.449 upon the conditions stated in this subdivision 23.12any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or 23.13other appurtenance of a roadway, without payment of any compensation, provided the 23.14use does not interfere unreasonably with the public use or maintenance of the roadway or 23.15appurtenance or entail any substantial additional costs for maintenance. The provisions of 23.16this subdivision do not apply to the property of any common carrier railroad or common 23.17carrier railroads. The consent of the public agency in charge of such state highway or other 23.18public highway or roadway or appurtenance is not required; except that if the council seeks 23.19to use a designated parkway for regular route service in the city of Minneapolis, it must 23.20obtain permission from and is subject to reasonable limitations imposed by a joint board 23.21consisting of two representatives from the council, two members of the board of park 23.22commissioners, and a fifth member jointly selected by the representatives of the council 23.23and 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 23.24 new text begin for regular route service adjacent to the city of Minneapolis, it must obtain permission new text end 23.25 new text begin from and is subject to reasonable limitations imposed by a joint board consisting of two new text end 23.26 new text begin representatives from the council, two members of the board of park commissioners, and a new text end 23.27 new text begin fifth member jointly selected by other members of the board. The joint board must include new text end 23.28 new text begin a nonvoting member appointed by the council of the city in which the parkway is located. new text end 23.29The board of park commissioners and the council may designate persons to sit on 23.30the joint board. In considering a request by the council to use designated parkways for 23.31additional routes or trips, the joint board consisting of the council or their designees, 23.32the board of park commissioners or their designees, and the fifth member, shall base its 23.33decision to grant or deny the request based on the criteria to be established by the joint 23.34board. The decision to grant or deny the request must be made within 45 days of the 23.35date of the request. The park board must be notified immediately by the council of any 24.1temporary route detours. If the park board objects to the temporary route detours within 24.2five days of being notified, the joint board must convene and decide whether to grant the 24.3request, otherwise the request is deemed granted. If the agency objects to the proposed 24.4use or claims reimbursement from the council for additional cost of maintenance, it may 24.5commence an action against the council in the district court of the county wherein the 24.6highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings 24.7in the action must conform to the Rules of Civil Procedure applicable to the district courts. 24.8The court shall sit without jury. If the court determines that the use in question interferes 24.9unreasonably with the public use or maintenance of the roadway or appurtenance, it shall 24.10enjoin the use by the council. If the court determines that the use in question does not 24.11interfere unreasonably with the public use or maintenance of the roadway or appurtenance, 24.12but that it entails substantial additional maintenance costs, the court shall award judgment 24.13to the agency for the amount of the additional costs. Otherwise the court shall award 24.14judgment to the council. An aggrieved party may appeal from the judgment of the district 24.15court in the same manner as is provided for such appeals in other civil actions. The council 24.16may also use land within the right-of-way of any state highway or other public roadway 24.17for the erection of traffic control devices, other signs, and passenger shelters upon the 24.18conditions stated in this subdivision and subject only to the approval of the commissioner 24.19of transportation where required by statute, and subject to the express provisions of other 24.20applicable statutes and to federal requirements where necessary to qualify for federal aid. 24.21    Sec. 30. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read: 24.22    Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle 24.23at the request of a law enforcement officer shall have a lien on the motor vehicle for the 24.24value of the storage and towing and the right to retain possession of the motor vehicle 24.25until the lien is lawfully discharged. This section does not apply to tows authorized 24.26in section 169.041, subdivision 4, clause (1) new text begin of vehicles parked in violation of snow new text end 24.27 new text begin emergency regulations new text end . 24.28    Sec. 31. Laws 2008, chapter 287, article 1, section 122, is amended to read: 24.29    Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD 24.30EXTINGUISHMENT. 24.31    (a) Any extinguishment of town interest in a town road under Minnesota Statutes, 24.32section 164.06, subdivision 2, is hereby nullified if: 24.33    (1) the interest was not recorded or filed with the county recorder but was recorded 24.34or filed with the county auditor prior to 1972; 25.1    (2) the state or a political subdivision has constructed new text begin or funded new text end a road or bridge 25.2improvement on a right-of-way affected by the interest; 25.3    (3) the affected road was the only means of access to a property; 25.4    (4) the extinguishment took place within the last ten years; and 25.5    (5) a person whose only access to property was lost because of the extinguishment 25.6files a petition of a nullification with the town board stating that the person's property 25.7became landlocked because of the extinguishment and that the road satisfies all of the 25.8requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or 25.9recorded with the county auditor must be attached to the petition. The town shall file the 25.10petition with the county auditor and record it with the county recorder. 25.11    (b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and 25.12541.023 , for any nullification under paragraph (a), the affected road is hereby deemed to 25.13be a cartway. No additional damages or other payments may be required other than those 25.14paid at the time the fee interest was originally acquired and the order filed with the county 25.15auditor. A cartway created by this paragraph may be converted to a private driveway 25.16under Minnesota Statutes, section 164.08, subdivision 2. 25.17    (c) For purposes of this section, "affected road" means the road in which the town 25.18board extinguished its interest. 25.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.20    Sec. 32. new text begin ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR new text end 25.21 new text begin CITY OF FARMINGTON. new text end 25.22 new text begin Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the new text end 25.23 new text begin commissioner of public safety, limiting sites for the office of deputy registrar based new text end 25.24 new text begin on either the distance to an existing deputy registrar office or the annual volume of new text end 25.25 new text begin transactions processed by any deputy registrar, the commissioner of public safety shall new text end 25.26 new text begin appoint a municipal deputy registrar of motor vehicles for the city of Farmington to new text end 25.27 new text begin operate a new full-service Office of Deputy Registrar, with full authority to function new text end 25.28 new text begin as a registration and motor vehicle tax collection bureau, at the city hall in the city of new text end 25.29 new text begin Farmington. All other provisions regarding the appointment and operation of a deputy new text end 25.30 new text begin registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota new text end 25.31 new text begin Rules, chapter 7406, apply to the office. new text end 25.32 new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end new text begin This section is effective the day after new text end 25.33 new text begin the governing body of the city of Farmington and its chief clerical officer timely complete new text end 25.34 new text begin their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 26.1    Sec. 33. new text begin REPEALER. new text end 26.2 new text begin Minnesota Statutes 2008, sections 13.721, subdivision 4; 169.041, subdivisions 3 new text end 26.3 new text begin and 4; and 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, new text end 26.4 new text begin and 18, new text end new text begin are repealed. new text end