1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2540
1.2A bill for an act
1.3relating to transportation; modifying or adding provisions relating to truck
1.4insurance, school bus transportation, transportation construction impacts on
1.5business, rest areas, highways, bridges, transportation contracts, variances
1.6from rules and engineering standards for local streets and highways, the state
1.7park road account, tax-exempt vehicles, license plates, deputy registrars,
1.8vehicles and drivers, impounds, towing, pedestrians, intersection gridlock, bus
1.9and type III vehicle operation, various traffic regulations, cargo tank vehicle
1.10weight exemptions, drivers' licenses, transportation department goals and
1.11mission, the Disadvantaged Business Enterprise Collaborative, a Minnesota
1.12Council of Transportation Access, complete streets, a Commuter Rail Corridor
1.13Coordinating Committee, railroad track safety, motor carriers, allocation of
1.14traffic fines, airport authorities, property acquisition for highways, transit,
1.15town road interest extinguishment nullification, Northstar commuter rail, and
1.16roundabouts design; providing for State Patrol tax compliance and vehicle
1.17crimes investigations; providing for issuance and sale of trunk highway bonds;
1.18requiring reports; making technical and clarifying changes; appropriating money;
1.19amending Minnesota Statutes 2008, sections 65B.43, subdivision 2; 161.14,
1.20by adding subdivisions; 161.3426, subdivision 3, by adding a subdivision;
1.21162.02, subdivision 3a; 162.09, subdivision 3a; 165.14, subdivisions 4, 5;
1.22168.12, subdivisions 2a, 2b, by adding a subdivision; 168.123, subdivisions 1,
1.232; 168.1255, subdivision 1; 168.1291, subdivisions 1, 2; 168.33, subdivision
1.242; 168B.04, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision 3;
1.25169.041, subdivision 5; 169.09, subdivision 5a; 169.15; 169.26, by adding a
1.26subdivision; 169.306; 169.79, subdivision 3; 169.87, by adding a subdivision;
1.27169.92, subdivision 4; 171.321, subdivision 2; 174.01, subdivisions 1, 2;
1.28174.02, subdivision 1a; 174.86, subdivision 5; 219.01; 221.012, subdivision
1.2938, by adding a subdivision; 221.0252, subdivision 7; 221.036, subdivisions
1.301, 3; 221.221, subdivision 3; 221.251, subdivision 1; 360.061, subdivision
1.313; 473.167, subdivision 2a; 473.411, subdivision 5; 514.18, subdivision 1a;
1.32Minnesota Statutes 2009 Supplement, sections 123B.92, subdivision 1; 160.165;
1.33161.14, subdivision 62; 162.06, subdivision 5; 168.012, subdivision 1; 168.12,
1.34subdivision 5; 169.71, subdivision 1; 169.865, subdivision 1; 171.02, subdivision
1.352b; 174.66; 221.026, subdivision 2; 221.031, subdivision 1; 221.122, subdivision
1.361; 299D.03, subdivision 5; Laws 2008, chapter 287, article 1, section 122; Laws
1.372009, chapter 36, article 1, sections 1; 3, subdivisions 1, 2, 3; 5, subdivisions 1, 3,
1.384; proposing coding for new law in Minnesota Statutes, chapters 160; 168; 174;
1.39221; 383D; repealing Minnesota Statutes 2008, sections 169.041, subdivisions 3,
1.404; 221.161, subdivisions 2, 3; 221.291, subdivision 5; Minnesota Statutes 2009
1.41Supplement, sections 221.161, subdivisions 1, 4; 221.171; Minnesota Rules,
1.42parts 7805.0300; 7805.0400.
2.1May 8, 2010
2.2The Honorable James P. Metzen
2.3President of the Senate
2.4The Honorable Margaret Anderson Kelliher
2.5Speaker of the House of Representatives
2.6We, the undersigned conferees for S.F. No. 2540 report that we have agreed upon
2.7the items in dispute and recommend as follows:
2.8That the House recede from its amendments and that S.F. No. 2540 be further
2.9amended as follows:
2.10Delete everything after the enacting clause and insert:
2.11 "Section 1. Minnesota Statutes 2009 Supplement, section 123B.92, subdivision 1,
2.12is amended to read:
2.13 Subdivision 1.
Definitions. For purposes of this section and section
125A.76, the
2.14terms defined in this subdivision have the meanings given to them.
2.15 (a) "Actual expenditure per pupil transported in the regular and excess transportation
2.16categories" means the quotient obtained by dividing:
2.17 (1) the sum of:
2.18 (i) all expenditures for transportation in the regular category, as defined in paragraph
2.19(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
2.20 (ii) an amount equal to one year's depreciation on the district's school bus fleet
2.21and mobile units computed on a straight line basis at the rate of 15 percent per year for
2.22districts operating a program under section
124D.128 for grades 1 to 12 for all students in
2.23the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
2.24 (iii) an amount equal to one year's depreciation on the district's type III vehicles, as
2.25defined in section
169.011, subdivision 71, which must be used a majority of the time for
2.26pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
2.27per year of the cost of the type three school buses by:
2.28 (2) the number of pupils eligible for transportation in the regular category, as defined
2.29in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
2.30 (b) "Transportation category" means a category of transportation service provided to
2.31pupils as follows:
2.32 (1) Regular transportation is:
2.33 (i) transportation to and from school during the regular school year for resident
2.34elementary pupils residing one mile or more from the public or nonpublic school they
2.35attend, and resident secondary pupils residing two miles or more from the public
2.36or nonpublic school they attend, excluding desegregation transportation and noon
3.1kindergarten transportation; but with respect to transportation of pupils to and from
3.2nonpublic schools, only to the extent permitted by sections
123B.84 to
123B.87;
3.3 (ii) transportation of resident pupils to and from language immersion programs;
3.4 (iii) transportation of a pupil who is a custodial parent and that pupil's child between
3.5the pupil's home and the child care provider and between the provider and the school, if
3.6the home and provider are within the attendance area of the school;
3.7 (iv) transportation to and from or board and lodging in another district, of resident
3.8pupils of a district without a secondary school; and
3.9 (v) transportation to and from school during the regular school year required under
3.10subdivision 3 for nonresident elementary pupils when the distance from the attendance
3.11area border to the public school is one mile or more, and for nonresident secondary pupils
3.12when the distance from the attendance area border to the public school is two miles or
3.13more, excluding desegregation transportation and noon kindergarten transportation.
3.14 For the purposes of this paragraph, a district may designate a licensed day care
3.15facility, school day care facility, respite care facility, the residence of a relative, or the
3.16residence of a person chosen by the pupil's parent or guardian
new text begin , or an after school program new text end
3.17
new text begin for children operated by a political subdivision of the state, new text end as the home of a pupil for part
3.18or all of the day, if requested by the pupil's parent or guardian, and if that facility or
new text begin ,new text end
3.19residence
new text begin , or program new text end is within the attendance area of the school the pupil attends.
3.20 (2) Excess transportation is:
3.21 (i) transportation to and from school during the regular school year for resident
3.22secondary pupils residing at least one mile but less than two miles from the public or
3.23nonpublic school they attend, and transportation to and from school for resident pupils
3.24residing less than one mile from school who are transported because of extraordinary
3.25traffic, drug, or crime hazards; and
3.26 (ii) transportation to and from school during the regular school year required under
3.27subdivision 3 for nonresident secondary pupils when the distance from the attendance area
3.28border to the school is at least one mile but less than two miles from the public school
3.29they attend, and for nonresident pupils when the distance from the attendance area border
3.30to the school is less than one mile from the school and who are transported because of
3.31extraordinary traffic, drug, or crime hazards.
3.32 (3) Desegregation transportation is transportation within and outside of the district
3.33during the regular school year of pupils to and from schools located outside their normal
3.34attendance areas under a plan for desegregation mandated by the commissioner or under
3.35court order.
3.36 (4) "Transportation services for pupils with disabilities" is:
4.1 (i) transportation of pupils with disabilities who cannot be transported on a regular
4.2school bus between home or a respite care facility and school;
4.3 (ii) necessary transportation of pupils with disabilities from home or from school to
4.4other buildings, including centers such as developmental achievement centers, hospitals,
4.5and treatment centers where special instruction or services required by sections
125A.03
4.6to
125A.24,
125A.26 to
125A.48, and
125A.65 are provided, within or outside the district
4.7where services are provided;
4.8 (iii) necessary transportation for resident pupils with disabilities required by sections
4.9125A.12
, and
125A.26 to
125A.48;
4.10 (iv) board and lodging for pupils with disabilities in a district maintaining special
4.11classes;
4.12 (v) transportation from one educational facility to another within the district for
4.13resident pupils enrolled on a shared-time basis in educational programs, and necessary
4.14transportation required by sections
125A.18, and
125A.26 to
125A.48, for resident pupils
4.15with disabilities who are provided special instruction and services on a shared-time basis
4.16or if resident pupils are not transported, the costs of necessary travel between public
4.17and private schools or neutral instructional sites by essential personnel employed by the
4.18district's program for children with a disability;
4.19 (vi) transportation for resident pupils with disabilities to and from board and lodging
4.20facilities when the pupil is boarded and lodged for educational purposes; and
4.21(vii) services described in clauses (i) to (vi), when provided for pupils with
4.22disabilities in conjunction with a summer instructional program that relates to the pupil's
4.23individual education plan or in conjunction with a learning year program established
4.24under section
124D.128.
4.25 For purposes of computing special education initial aid under section
125A.76,
4.26subdivision 2
, the cost of providing transportation for children with disabilities includes
4.27(A) the additional cost of transporting a homeless student from a temporary nonshelter
4.28home in another district to the school of origin, or a formerly homeless student from a
4.29permanent home in another district to the school of origin but only through the end of the
4.30academic year; and (B) depreciation on district-owned school buses purchased after July 1,
4.312005, and used primarily for transportation of pupils with disabilities, calculated according
4.32to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
4.33transportation category must be excluded in calculating the actual expenditure per pupil
4.34transported in the regular and excess transportation categories according to paragraph (a).
4.35 (5) "Nonpublic nonregular transportation" is:
5.1 (i) transportation from one educational facility to another within the district for
5.2resident pupils enrolled on a shared-time basis in educational programs, excluding
5.3transportation for nonpublic pupils with disabilities under clause (4);
5.4 (ii) transportation within district boundaries between a nonpublic school and a
5.5public school or a neutral site for nonpublic school pupils who are provided pupil support
5.6services pursuant to section
123B.44; and
5.7 (iii) late transportation home from school or between schools within a district for
5.8nonpublic school pupils involved in after-school activities.
5.9 (c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
5.10educational programs and services, including diagnostic testing, guidance and counseling
5.11services, and health services. A mobile unit located off nonpublic school premises is a
5.12neutral site as defined in section
123B.41, subdivision 13.
5.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
5.14 Sec. 2. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:
5.15
160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
5.16
ON BUSINESS.
5.17 Subdivision 1.
Definitions. For the purposes of this section, the following terms
5.18have the meanings given:
5.19(1) "project" means construction work to maintain, construct, reconstruct, or
5.20improve a street or highway
new text begin or for a rail transit projectnew text end ;
5.21(2) "substantial business impacts" means impairment of road access, parking, or
5.22visibility for one or more business establishments as a result of a project, for a minimum
5.23period of one month; and
5.24(3) "transportation authority" means the commissioner, as to trunk highways; the
5.25county board, as to county state-aid highways and county highways; the town board, as to
5.26town roads; and statutory or home rule charter cities, as to city streets
new text begin ; the Metropolitan new text end
5.27
new text begin Council, for rail transit projects located entirely within the metropolitan area as defined in new text end
5.28
new text begin section 473.121, subdivision 2; and the commissioner, for all other rail transit projectsnew text end .
5.29 Subd. 2.
Business liaison. (a) Before beginning construction work on a project,
5.30a transportation authority shall identify whether the project is anticipated to include
5.31substantial business impacts. For such projects, the transportation authority shall designate
5.32an individual to serve as business liaison between the transportation authority and affected
5.33businesses.
6.1(b) The business liaison shall consult with affected businesses before and
6.2during construction to investigate means of mitigating project impacts to businesses.
6.3The mitigation considered must include signage. The business liaison shall provide
6.4information to the identified businesses before and during construction, concerning project
6.5duration and timetables, lane and road closures, detours, access impacts, customer parking
6.6impacts, visibility, noise, dust, vibration, and public participation opportunities.
6.7
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
6.8
new text begin with the Central Corridor light rail transit line that will connect downtown Minneapolis new text end
6.9
new text begin and downtown St. Paul.new text end
6.10
new text begin EFFECTIVE DATE.new text end new text begin Subdivision 1 is effective July 1, 2012. Subdivision 3 is new text end
6.11
new text begin effective July 1, 2010.new text end
6.12 Sec. 3.
new text begin [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.new text end
6.13
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
6.14
new text begin (1) dispose of travel-related trash and rubbish, except if depositing it in a designated new text end
6.15
new text begin receptacle;new text end
6.16
new text begin (2) dump household or commercial trash and rubbish into containers or anywhere new text end
6.17
new text begin else on site; ornew text end
6.18
new text begin (3) drain or dump refuse or waste from any trailer, recreational vehicle, or other new text end
6.19
new text begin vehicle except where receptacles are provided and designated to receive the refuse or new text end
6.20
new text begin waste.new text end
6.21
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
6.22
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
6.23
new text begin committed on or after that date.new text end
6.24 Sec. 4. Minnesota Statutes 2009 Supplement, section 161.14, subdivision 62, is
6.25amended to read:
6.26 Subd. 62.
Clearwater County Veterans Memorial Highway. (a) The following
6.27described route is designated the "Clearwater County Veterans Memorial Highway": that
6.28portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk Highway 200,
6.29from its intersection with Clearwater County State-Aid Highway 37
new text begin 39new text end to its intersection
6.30with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that
6.31portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5.
6.32(b) The commissioner shall adopt a suitable marking design to mark this highway
6.33and erect appropriate signs, subject to section
161.139.
7.1 Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
7.2to read:
7.3
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
7.4
new text begin Trunk Highway 200 as of the effective date of this section, from the border with North new text end
7.5
new text begin Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The new text end
7.6
new text begin commissioner shall adopt a suitable design to mark this highway and erect appropriate new text end
7.7
new text begin signs, subject to section 161.139.new text end
7.8 Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
7.9to read:
7.10
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
7.11
new text begin 34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with new text end
7.12
new text begin County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection new text end
7.13
new text begin with County State-Aid Highway 33 to its intersection with County State-Aid Highway new text end
7.14
new text begin 39, is named and designated the "Becker County Veterans Memorial Highway." Subject new text end
7.15
new text begin to section 161.139, the commissioner shall adopt a suitable marking design to mark this new text end
7.16
new text begin highway and erect appropriate signs.new text end
7.17 Sec. 7. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
7.18to read:
7.19
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
7.20
new text begin Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner new text end
7.21
new text begin of transportation shall adopt a suitable design to mark this bridge and erect appropriate new text end
7.22
new text begin signs, subject to section 161.139.new text end
7.23 Sec. 8. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
7.24to read:
7.25
new text begin Subd. 67.new text end new text begin Veterans Memorial Highway.new text end new text begin Marked Trunk Highway 59 from the city new text end
7.26
new text begin of Karlstad to the border with Canada is designated as the "Veterans Memorial Highway." new text end
7.27
new text begin The commissioner shall adopt a suitable design to mark this highway and erect appropriate new text end
7.28
new text begin signs, subject to section 161.139.new text end
7.29 Sec. 9. Minnesota Statutes 2008, section 161.3426, subdivision 3, is amended to read:
7.30 Subd. 3.
Stipulated fee. The commissioner shall award a stipulated fee not less than
7.31two-tenths of one percent of the department's estimated cost of design and construction
7.32to each short-listed, responsible proposer who provides a responsive but unsuccessful
8.1proposal.
new text begin When the request for proposals specifies a maximum price, the stipend shall be new text end
8.2
new text begin awarded if the proposal is responsive in all other aspects but comes in above the maximum new text end
8.3
new text begin price. new text end If the commissioner does not award a contract, all short-listed proposers must
8.4receive the stipulated fee. If the commissioner cancels the contract before reviewing the
8.5technical proposals, the commissioner shall award each design-builder on the short list a
8.6stipulated fee of not less than two-tenths of one percent of the commissioner's estimated
8.7cost of design and construction. The commissioner shall pay the stipulated fee to each
8.8proposer within 90 days after the award of the contract or the decision not to award a
8.9contract. In consideration for paying the stipulated fee, the commissioner may use any
8.10ideas or information contained in the proposals in connection with any contract awarded
8.11for the project or in connection with a subsequent procurement, without any obligation
8.12to pay any additional compensation to the unsuccessful proposers. Notwithstanding the
8.13other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
8.14the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated
8.15fee, the commissioner may not use ideas and information contained in that proposer's
8.16proposal. Upon the request of the commissioner, a proposer who waived a stipulated fee
8.17may withdraw the waiver, in which case the commissioner shall pay the stipulated fee to
8.18the proposer and thereafter may use ideas and information in the proposer's proposal.
8.19 Sec. 10. Minnesota Statutes 2008, section 161.3426, is amended by adding a
8.20subdivision to read:
8.21
new text begin Subd. 6.new text end new text begin Reissue of request for proposals.new text end new text begin If the commissioner rejects all bids new text end
8.22
new text begin or does not execute the contract, the commissioner may reissue the request for proposals new text end
8.23
new text begin and allow only short-listed teams to resubmit proposals. The commissioner shall then pay new text end
8.24
new text begin a reasonable stipulated fee to each short-listed, responsible proposer who provides a new text end
8.25
new text begin responsive but unsuccessful proposal in response to the reissued request for proposals. new text end
8.26
new text begin When the reissued request for proposals specifies a maximum price, the stipend shall new text end
8.27
new text begin be awarded if the proposal is responsive in all other aspects but comes in above the new text end
8.28
new text begin maximum price.new text end
8.29 Sec. 11. Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read:
8.30 Subd. 3a.
Variances from rules and engineering standards. new text begin (a) new text end The commissioner
8.31may grant variances from the rules and from the engineering standards developed
8.32pursuant to section
162.021 or
162.07, subdivision 2. A political subdivision in which
8.33a county state-aid highway is located or is proposed to be located may submit a written
8.34request to the commissioner for a variance for that highway.
new text begin The commissioner shall new text end
9.1
new text begin comply with section 174.75, subdivision 5, in evaluating a variance request related to a new text end
9.2
new text begin complete streets project.new text end
9.3
new text begin (b)new text end The commissioner shall publish notice of the request in the State Register and
9.4give notice to all persons known to the commissioner to have an interest in the matter. The
9.5commissioner may grant or deny the variance within 30 days of providing notice of the
9.6request. If a written objection to the request is received within seven days of providing
9.7notice, the variance shall be granted or denied only after a contested case hearing has been
9.8held on the request. If no timely objection is received and the variance is denied without
9.9hearing, the political subdivision may request, within 30 days of receiving notice of denial,
9.10and shall be granted a contested case hearing.
9.11
new text begin (c)new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of
9.12a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
9.13 Sec. 12. Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read:
9.14 Subd. 3a.
Variances from rules and engineering standards. (a) The commissioner
9.15may grant variances from the rules and from the engineering standards developed
9.16pursuant to section
162.13, subdivision 2. A political subdivision in which a municipal
9.17state-aid street is located or is proposed to be located may submit a written request to the
9.18commissioner for a variance for that street.
new text begin The commissioner shall comply with section new text end
9.19
new text begin 174.75, subdivision 5, in evaluating a variance request related to a complete streets project.new text end
9.20(b) The commissioner shall publish notice of the request in the State Register and
9.21give notice to all persons known to the commissioner to have an interest in the matter. The
9.22commissioner may grant or deny the variance within 30 days of providing notice of the
9.23request. If a written objection to the request is received within seven days of providing
9.24notice, the variance shall be granted or denied only after a contested case hearing has been
9.25held on the request. If no timely objection is received and the variance is denied without
9.26hearing, the political subdivision may request, within 30 days of receiving notice of denial,
9.27and shall be granted a contested case hearing.
9.28(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
9.29a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
9.30 Sec. 13. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
9.31 Subd. 4.
Prioritization of bridge projects. (a) The commissioner shall classify all
9.32bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
9.33the commissioner identifies a reason for proceeding otherwise, before commencing bridge
9.34projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
10.1be selected and funded in the approved state transportation improvement program, at
10.2any stage in the project development process, solicited for bids, in contract negotiation,
10.3under construction, or completed.
10.4 (b) The classification of each tier is as follows:
10.5 (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
10.6count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
10.7identified by the commissioner as a priority project;
10.8 (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
10.9fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
10.10 (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
10.11 (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
10.12must be under contract for repair or replacement with a new bridge that contains a
10.13load-path-redundant design, except that a specific bridge may remain in continued service
10.14if the reasons are documented in the report required under subdivision 5.
10.15 (d)
new text begin All bridge projects funded under this section in fiscal year 2012 or later must new text end
10.16
new text begin include bicycle and pedestrian accommodations if both sides of the bridge are located in a new text end
10.17
new text begin city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.new text end
10.18
new text begin Bicycle and pedestrian accommodations would not be required if:new text end
10.19
new text begin (1) a comprehensive assessment demonstrates that there is an absence of need for new text end
10.20
new text begin bicycle and pedestrian accommodations for the life of the bridge; ornew text end
10.21
new text begin (2) there is a reasonable alternative bicycle and pedestrian crossing within new text end
10.22
new text begin one-quarter mile of the bridge project.new text end
10.23
new text begin All bicycle and pedestrian accommodations should enable a connection to any existing new text end
10.24
new text begin bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian new text end
10.25
new text begin facilities must meet or exceed federal accessibility requirements as outlined in Title II of new text end
10.26
new text begin the Americans with Disabilities Act, codified in United States Code, title 42, chapter new text end
10.27
new text begin 126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United new text end
10.28
new text begin States Code, title 29, section 794.new text end
10.29
new text begin (e) new text end The commissioner shall establish criteria for determining the priority of bridge
10.30projects within each tier, and must include safety considerations as a criterion.
10.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
10.32 Sec. 14. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
10.33 Subd. 5.
Statewide transportation planning report. In conjunction with each
10.34update to the Minnesota statewide transportation plan, or at least every six years, the
10.35commissioner shall submit a report to the chairs and ranking minority members of the
11.1house of representatives and senate committees with jurisdiction over transportation
11.2finance. The report must include:
11.3 (1) an explanation of the criteria and decision-making processes used to prioritize
11.4bridge projects;
11.5 (2) a historical and projected analysis of the extent to which all trunk highway
11.6bridges meet bridge performance targets
new text begin and comply with the accessibility requirements new text end
11.7
new text begin of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336new text end ;
11.8 (3) a summary of bridge projects (i) completed in the previous six years or since the
11.9last update to the Minnesota statewide transportation plan, and (ii) currently in progress
11.10under the program;
11.11 (4) a summary of bridge projects scheduled in the next four fiscal years and included
11.12in the state transportation improvement program;
11.13 (5) a projection of annual needs over the next 20 years;
11.14 (6) a calculation
new text begin of new text end funding necessary to meet the completion date under subdivision
11.154, paragraph (c), compared to the total amount of bridge-related funding available; and
11.16 (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
11.17explanation of the reasons for repair instead of replacement.
11.18 Sec. 15. Minnesota Statutes 2008, section 168.002, is amended by adding a subdivision
11.19to read:
11.20
new text begin Subd. 31a.new text end new text begin Special plates.new text end new text begin Unless otherwise specified, "special plates" or "special new text end
11.21
new text begin plate" means plates, or a single motorcycle plate, that are designed with wording or new text end
11.22
new text begin graphics that differ from a regular Minnesota passenger automobile plate or motorcycle new text end
11.23
new text begin plate.new text end
11.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.25 Sec. 16. Minnesota Statutes 2009 Supplement, section 168.012, subdivision 1, is
11.26amended to read:
11.27 Subdivision 1.
Vehicles exempt from tax, fees, or plate display. (a) The following
11.28vehicles are exempt from the provisions of this chapter requiring payment of tax and
11.29registration fees, except as provided in subdivision 1c:
11.30 (1) vehicles owned and used solely in the transaction of official business by the
11.31federal government, the state, or any political subdivision;
11.32 (2) vehicles owned and used exclusively by educational institutions and used solely
11.33in the transportation of pupils to and from those institutions;
11.34 (3) vehicles used solely in driver education programs at nonpublic high schools;
12.1 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
12.2persons for charitable, religious, or educational purposes;
12.3 (5) vehicles owned by nonprofit charities and used exclusively for disaster response
12.4and related activities;
12.5 (6) vehicles owned by ambulance services licensed under section
144E.10 that
12.6are equipped and specifically intended for emergency response or providing ambulance
12.7services; and
12.8 (7) vehicles owned by a commercial driving school licensed under section
171.34,
12.9or an employee of a commercial driving school licensed under section
171.34, and the
12.10vehicle is used exclusively for driver education and training.
12.11 (b)
new text begin Provided the general appearance of the vehicle is unmistakable, the following new text end
12.12
new text begin vehicles are not required to register or display number plates:new text end
12.13
new text begin (1) new text end vehicles owned by the federal government, municipal
new text begin ;new text end
12.14
new text begin (2)new text end fire apparatuses
new text begin ,new text end including fire-suppression support vehicles,
new text begin owned or leased by new text end
12.15
new text begin the state or a political subdivision;new text end
12.16
new text begin (3) new text end police patrols,
new text begin owned or leased by the state or a political subdivision;new text end and
12.17
new text begin (4) new text end ambulances, the general appearance of which is unmistakable, are not required to
12.18register or display number plates
new text begin owned or leased by the state or a political subdivisionnew text end .
12.19 (c) Unmarked vehicles used in general police work, liquor investigations, or arson
12.20investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
12.21the Department of Corrections, must be registered and must display appropriate license
12.22number plates, furnished by the registrar at cost. Original and renewal applications for
12.23these license plates authorized for use in general police work and for use by the Department
12.24of Corrections must be accompanied by a certification signed by the appropriate chief of
12.25police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
12.26the commissioner of corrections if issued to a Department of Corrections vehicle, or the
12.27appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
12.28The certification must be on a form prescribed by the commissioner and state that the
12.29vehicle will be used exclusively for a purpose authorized by this section.
12.30 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
12.31fraud unit, in conducting seizures or criminal investigations must be registered and must
12.32display passenger vehicle classification license number plates, furnished at cost by the
12.33registrar. Original and renewal applications for these passenger vehicle license plates
12.34must be accompanied by a certification signed by the commissioner of revenue or the
12.35commissioner of labor and industry. The certification must be on a form prescribed by
13.1the commissioner and state that the vehicles will be used exclusively for the purposes
13.2authorized by this section.
13.3 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
13.4Department of Health must be registered and must display passenger vehicle classification
13.5license number plates. These plates must be furnished at cost by the registrar. Original
13.6and renewal applications for these passenger vehicle license plates must be accompanied
13.7by a certification signed by the commissioner of health. The certification must be on a
13.8form prescribed by the commissioner and state that the vehicles will be used exclusively
13.9for the official duties of the Division of Disease Prevention and Control.
13.10 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
13.11investigations and reviews must be registered and must display passenger vehicle
13.12classification license number plates. These plates must be furnished at cost by the
13.13registrar. Original and renewal applications for these passenger vehicle license plates must
13.14be accompanied by a certification signed by the board chair. The certification must be on a
13.15form prescribed by the commissioner and state that the vehicles will be used exclusively
13.16for the official duties of the Gambling Control Board.
13.17 (g) Unmarked vehicles used in general investigation, surveillance, supervision,
13.18and monitoring by the staff of the Department of Human Services Office of Special
13.19Investigations and the executive director of the Minnesota sex offender program must
13.20be registered and must display passenger vehicle classification license number plates,
13.21furnished by the registrar at cost. Original and renewal applications for passenger vehicle
13.22license plates must be accompanied by a certification signed by the commissioner of
13.23human services. The certification must be on a form prescribed by the commissioner and
13.24state that the vehicles must be used exclusively for the official duties of the Office of
13.25Special Investigations and the executive director of the Minnesota sex offender program.
13.26(h) Each state hospital and institution for persons who are mentally ill and
13.27developmentally disabled may have one vehicle without the required identification on
13.28the sides of the vehicle. The vehicle must be registered and must display passenger
13.29vehicle classification license number plates. These plates must be furnished at cost by the
13.30registrar. Original and renewal applications for these passenger vehicle license plates must
13.31be accompanied by a certification signed by the hospital administrator. The certification
13.32must be on a form prescribed by the commissioner and state that the vehicles will be used
13.33exclusively for the official duties of the state hospital or institution.
13.34 (i) Each county social service agency may have vehicles used for child and
13.35vulnerable adult protective services without the required identification on the sides of the
13.36vehicle. The vehicles must be registered and must display passenger vehicle classification
14.1license number plates. These plates must be furnished at cost by the registrar. Original
14.2and renewal applications for these passenger vehicle license plates must be accompanied
14.3by a certification signed by the agency administrator. The certification must be on a form
14.4prescribed by the commissioner and state that the vehicles will be used exclusively for the
14.5official duties of the social service agency.
14.6 (j) All other motor vehicles must be registered and display tax-exempt number
14.7plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
14.8vehicles required to display tax-exempt number plates must have the name of the state
14.9department or political subdivision, nonpublic high school operating a driver education
14.10program, licensed commercial driving school, or other qualifying organization or entity,
14.11plainly displayed on both sides of the vehicle. This identification must be in a color
14.12giving contrast with that of the part of the vehicle on which it is placed and must endure
14.13throughout the term of the registration. The identification must not be on a removable
14.14plate or placard and must be kept clean and visible at all times; except that a removable
14.15plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
14.16to a nonpublic high school driver education program.
14.17 Sec. 17. Minnesota Statutes 2008, section 168.12, subdivision 2a, is amended to read:
14.18 Subd. 2a.
Personalized plates; rules. (a) The commissioner may issue personalized
14.19plates or, if requested for special plates issued under section
168.123 for veterans,
14.20168.124
for medal of honor recipients, or
168.125 for former prisoners of war, applicable
14.21personalized special veterans plates, to an applicant who:
14.22 (1) is an owner of a passenger automobile including a passenger automobile
14.23registered as a classic car, pioneer car, collector car, or street rod; any truck with a
14.24manufacturer's nominal rated capacity of one ton or less and resembling a pickup truck; a
14.25motorcycle, including a classic motorcycle; a motorized bicycle; a commuter van as
14.26defined in section
168.126; or a recreational vehicle;
14.27 (2) pays a onetime fee of $100 and any other fees required by this chapter;
14.28 (3) pays the registration tax required by this chapter for the motor vehicle; and
14.29 (4) complies with this chapter and rules governing registration of motor vehicles
14.30and licensing of drivers.
14.31 (b) The commissioner shall charge a replacement fee for personalized license plates
14.32and personalized special veterans plates issued under section
168.123 as specified in
14.33subdivision 5. This fee must be paid by the applicant whenever the personalized plates are
14.34required to be replaced by law, except that as provided in section
168.124, subdivision
15.13
, and
168.125, subdivision 1b, no fee may be charged to replace plates issued under
15.2those sections.
15.3 (c) In lieu of the registration number assigned as provided in subdivision 1,
15.4personalized plates and personalized special veterans plates must have imprinted on them
15.5a series of not more than seven numbers and letters, or five numbers and letters for
15.6personalized special veterans plates, in any combination and, as applicable, satisfy the
15.7design requirements of section
168.123,
168.124, or
168.125. When an applicant has once
15.8obtained personalized plates or personalized special veterans plates, the applicant shall
15.9have a prior claim for similar personalized plates or personalized special veterans plates in
15.10the next succeeding year as long as current motor vehicle registration is maintained.
15.11 (d) The commissioner shall adopt rules in the manner provided by chapter 14,
15.12regulating the issuance and transfer of personalized plates and personalized special
15.13veterans plates. No words or combination of letters placed on these plates may be used
15.14for commercial advertising, be of an obscene, indecent, or immoral nature, or be of a
15.15nature that would offend public morals or decency. The call signals or letters of a radio or
15.16television station are not commercial advertising for the purposes of this subdivision.
15.17 (e) Despite the provisions of subdivision 1, personalized plates and personalized
15.18special veterans plates issued under this subdivision may be transferred to another motor
15.19vehicle listed in paragraph (a) and owned by the applicant, upon the payment of a fee of $5.
15.20 (f) The commissioner may by rule specify the format for notification.
15.21 (g) A personalized plate or personalized special veterans plate issued for a classic
15.22car, pioneer car, collector car, street rod, or classic motorcycle may not be transferred
15.23to a vehicle not eligible for such a plate.
15.24 (h) Despite any law to the contrary, if the personalized license plates are lost, stolen,
15.25or destroyed, the applicant may apply and must be issued duplicate license plates bearing
15.26the same combination of letters and numbers and the same design as (1) the former
15.27personalized plates or personalized special veterans plates under section
168.123 upon
15.28the payment of the fee required by section
168.29 or (2) the former personalized special
15.29veterans plates issued under section
168.124 or
168.125, without charge.
15.30
new text begin (i) A personalized vertical motorcycle plate may be issued upon payment of an new text end
15.31
new text begin additional payment of $100. The vertical plate must have not more than four identification new text end
15.32
new text begin characters, cannot be a duplication of any current or reserved license plate, and must new text end
15.33
new text begin meet the requirements in paragraph (d).new text end
15.34 Sec. 18. Minnesota Statutes 2009 Supplement, section 168.12, subdivision 5, is
15.35amended to read:
16.1 Subd. 5.
Additional fee. (a) In addition to any fee otherwise authorized or any tax
16.2otherwise imposed upon any vehicle, the payment of which is required as a condition to
16.3the issuance of any plate or plates, the commissioner shall impose the fee specified in
16.4paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
16.5or plates, except for plates issued to disabled veterans as defined in section
168.031 and
16.6plates issued pursuant to section
168.124,
168.125, or
168.27, subdivisions 16 and 17,
16.7for passenger automobiles. The commissioner shall issue graphic design plates only
16.8for vehicles registered pursuant to section
168.017 and recreational vehicles registered
16.9pursuant to section
168.013, subdivision 1g.
16.10 (b) Unless otherwise specified or exempted by statute, the following plate and
16.11validation sticker fees apply for the original, duplicate, or replacement issuance of a
16.12plate in a plate year:
16.13
License Plate
Single
Double
16.14
Regular and Disability
$
4.50
$
6.00
16.15
Special
$
8.50
$
10.00
16.16
Personalized (Replacement)
$
10.00
$
14.00
16.17
Collector Category
$
13.50
$
15.00
16.18
Emergency Vehicle Display
$
3.00
$
6.00
16.19
Utility Trailer Self-Adhesive
$
2.50
16.20
new text begin Vertical Motorcycle Platenew text end
new text begin $new text end
new text begin 100.00new text end
new text begin NAnew text end
16.21
Stickers
16.22
Duplicate year
$
1.00
$
1.00
16.23
International Fuel Tax Agreement
$
2.50
16.24 (c) For vehicles that require two of the categories above, the registrar shall only
16.25charge the higher of the two fees and not a combined total.
16.26 Sec. 19. Minnesota Statutes 2008, section 168.123, subdivision 1, is amended to read:
16.27 Subdivision 1.
General requirements; fees. (a) On payment of a fee of $10 for
16.28each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
16.29the registration tax required by law, and compliance with other applicable laws relating to
16.30vehicle registration and licensing, as applicable, the commissioner shall issue:
16.31(1) special veteran's plates to an applicant who served in the active military service
16.32in a branch of the armed forces of the United States or of a nation or society allied with the
16.33United States in conducting a foreign war, was discharged under honorable conditions,
16.34and is a registered owner of a passenger automobile, recreational motor vehicle, or
16.35truck resembling a pickup truck and having a manufacturer's nominal rated capacity
16.36of one ton, but which is not a commercial motor vehicle as defined in section
169.011,
16.37subdivision 16
; or
17.1(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
17.2(f), (h), or (i),
new text begin or (j), new text end or another special plate designed by the commissioner to an applicant
17.3who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
17.4and in subdivision 2, paragraph (a), (f), (h), or (i)
new text begin , or (j)new text end . Plates issued under this clause
17.5must be the same size as regular motorcycle plates. Special motorcycle license plates
17.6issued under this clause are not subject to section
168.1293.
17.7(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
17.8only when the plates are issued, and is not payable in a year in which stickers are issued
17.9instead of plates.
17.10(c) The veteran must have a certified copy of the veteran's discharge papers,
17.11indicating character of discharge, at the time of application. If an applicant served in the
17.12active military service in a branch of the armed forces of a nation or society allied with the
17.13United States in conducting a foreign war and is unable to obtain a record of that service
17.14and discharge status, the commissioner of veterans affairs may certify the applicant as
17.15qualified for the veterans' plates provided under this section.
17.16(d) For license plates issued for one-ton trucks described in paragraph (a), clause
17.17(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
17.18paragraph (a). The surcharge must be deposited in the vehicle services operating account
17.19in the special revenue fund.
17.20 Sec. 20. Minnesota Statutes 2008, section 168.123, subdivision 2, is amended to read:
17.21 Subd. 2.
Design. The commissioner of veterans affairs shall design the emblem for
17.22the veterans' special plates, subject to the approval of the commissioner, that satisfy the
17.23following requirements:
17.24(a) For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
17.25in the active military service in a branch of the armed forces of the United States or a
17.26nation or society allied with the United States the special plates must bear the inscription
17.27"VIETNAM VET" and the letters "V" and "V" with the first letter directly above the
17.28second letter and both letters just preceding the first numeral of the special plate number.
17.29(b) For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
17.30attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
17.31"PEARL HARBOR SURVIVOR" and the letters "P" and "H" with the first letter directly
17.32above the second letter and both letters just preceding the first numeral of the special
17.33plate number.
17.34(c) For a veteran who served during World War I or World War II, the plates must
17.35bear the inscription "WORLD WAR VET" and:
18.1(1) for a World War I veteran, the characters "W" and "I" with the first character
18.2directly above the second character and both characters just preceding the first numeral
18.3of the special plate number; or
18.4(2) for a World War II veteran, the characters "W" and "II" with the first character
18.5directly above the second character and both characters just preceding the first numeral of
18.6the special plate number.
18.7(d) For a veteran who served during the Korean Conflict, the special plates must
18.8bear the inscription "KOREAN VET" and the letters "K" and "V" with the first letter
18.9directly above the second letter and both letters just preceding the first numeral of the
18.10special plate number.
18.11(e) For a combat wounded veteran who is a recipient of the purple heart medal, the
18.12plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile on an
18.13emblem of the official purple heart medal and the letters "C" over "W" with the first letter
18.14directly over the second letter just preceding the first numeral of the special plate number.
18.15(f) For a Persian Gulf War veteran, the plates must bear the inscription "GULF
18.16WAR VET" and the letters "G" and "W" with the first letter directly above the second
18.17letter and both letters just preceding the first numeral of the special plate number. For
18.18the purposes of this section, "Persian Gulf War veteran" means a person who served on
18.19active duty after August 1, 1990, in a branch of the armed forces of the United States or
18.20a nation or society allied with the United States or the United Nations during Operation
18.21Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf
18.22area combat zone as designated in United States Presidential Executive Order No. 12744,
18.23dated January 21, 1991.
18.24(g) For a veteran who served in the Laos War after July 1, 1961, and before July 1,
18.251978, the special plates must bear the inscription "LAOS WAR VET" and the letters "L"
18.26and "V" with the first letter directly above the second letter and both letters just preceding
18.27the first numeral of the special plate number.
18.28(h) For a veteran who is the recipient of:
18.29(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
18.30that medal and must bear the inscription "IRAQ WAR VET" directly below the special
18.31plate number;
18.32(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
18.33facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
18.34below the special plate number; or
19.1(3) the Global War on Terrorism Expeditionary Medal, the special plates must
19.2be inscribed with a facsimile of that medal and must bear the inscription "GWOT
19.3VETERAN" directly below the special plate number
new text begin ; ornew text end
19.4
new text begin (4) the Armed Forces Expeditionary Medal, the special plates must bear an new text end
19.5
new text begin appropriate inscription that includes a facsimile of that medalnew text end .
19.6(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal,
19.7the special plates must be inscribed with a facsimile of that medal and must bear the
19.8inscription "GWOT VETERAN" directly below the special plate number. In addition,
19.9any member of the National Guard or other military reserves who has been ordered to
19.10federally funded state active service under United States Code, title 32, as defined in
19.11section
190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
19.12Service Medal, is eligible for the license plate described in this paragraph, irrespective of
19.13whether that person qualifies as a veteran under section
197.447.
19.14
new text begin (j) For a veteran who is the recipient of the Korean Defense Service Medal, new text end
19.15
new text begin the special plates must be inscribed with a facsimile of that medal and must bear the new text end
19.16
new text begin inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.new text end
19.17
new text begin (k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear new text end
19.18
new text begin the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official new text end
19.19
new text begin Bronze Star medal.new text end
19.20
new text begin (l) For a veteran who is a recipient of the Silver Star medal, the plates must bear new text end
19.21
new text begin the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official new text end
19.22
new text begin Silver Star medal.new text end
19.23 Sec. 21. Minnesota Statutes 2008, section 168.123, is amended by adding a subdivision
19.24to read:
19.25
new text begin Subd. 2b.new text end new text begin Eligibility; combat wounded plate.new text end new text begin A member of the United States new text end
19.26
new text begin armed forces who is serving actively in the military and who is a recipient of the purple new text end
19.27
new text begin heart medal is also eligible for the license plate under subdivision 2, paragraph (e). The new text end
19.28
new text begin commissioner of public safety shall ensure that information regarding the required proof new text end
19.29
new text begin of eligibility for any applicant under this subdivision who has not yet been issued military new text end
19.30
new text begin discharge papers is distributed to the public officials responsible for administering this new text end
19.31
new text begin section. new text end
19.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2010.new text end
19.33 Sec. 22. Minnesota Statutes 2008, section 168.1255, subdivision 1, is amended to read:
20.1 Subdivision 1.
General requirements and procedures. The commissioner shall
20.2issue special veteran contribution plates or a single motorcycle plate to an applicant who:
20.3 (1) is a veteran, as defined in section
197.447;
20.4 (2) is a registered owner of a passenger automobile
new text begin , recreational vehicle, one-ton new text end
20.5
new text begin pickup truck, new text end or motorcycle;
20.6 (3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
20.7 (4) pays the registration tax required under section
168.013;
20.8 (5) pays the fees required under this chapter;
20.9 (6) pays an additional onetime World War II memorial contribution of $30, which
20.10the department shall retain until all start-up costs associated with the development and
20.11issuing of the plates have been recovered, after which the commissioner shall deposit
20.12contributions in the World War II donation match account; and
20.13 (7) complies with this chapter and rules governing the registration of motor vehicles
20.14and licensing of drivers.
20.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2010.new text end
20.16 Sec. 23. Minnesota Statutes 2008, section 168.1293, is amended to read:
20.17
168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
20.18
DISCONTINUANCE.
20.19 Subdivision 1.
Definition. For purposes of this section and section
,
new text begin the new text end
20.20
new text begin following terms have the meanings given them:new text end
20.21
new text begin (1)new text end "
new text begin new new text end special plate"
new text begin or "proposed special plate"new text end means a
new text begin specialnew text end plate authorized
20.22by sections
168.12, subdivisions 2b and 2e;
; and
, to have wording and
20.23graphics that differ from a Minnesota passenger vehicle plate.
new text begin that is not authorized under new text end
20.24
new text begin this chapter and for which legislation authorizing the plate, including but not limited to a new text end
20.25
new text begin bill or amendment, is introduced or presented to the legislature; andnew text end
20.26
new text begin (2) "proximate special plate" means a special plate (i) authorized under section new text end
20.27
new text begin 168.12, subdivisions 2b and 2enew text end new text begin ; new text end
new text begin ; or new text end
new text begin ; or (ii) authorized in law on or new text end
20.28
new text begin after August 1, 2010.new text end
20.29
new text begin Subd. 1a.new text end new text begin Establishment of plate.new text end new text begin The commissioner may only establish a special new text end
20.30
new text begin plate as authorized under this chapter. This requirement does not apply to alternative new text end
20.31
new text begin or additional designs for a special plate.new text end
20.32 Subd. 2.
Submissions to commissioner. (a) A person, legal entity, or other
20.33requester, however organized, that plans to seek legislation establishing a new
new text begin specialnew text end
21.1plate
new text begin , or is a proponent of a new special plate,new text end shall submit the following information and
21.2fee to the commissioner:
21.3(1) The requester shall submit a request for the special plate being sought, describing
21.4the proposed
new text begin specialnew text end plate in general terms, the purpose of the plate, and the proposed fee
21.5or minimum contribution required for the plate.
21.6(2) The requester shall submit the results of a scientific sample survey of Minnesota
21.7motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend
21.8to purchase the proposed plate with the proposed fee or minimum contribution. The
21.9requester's plan to undertake the survey must be reported to the commissioner before the
21.10survey is undertaken. The survey must be performed independently of the requester by
21.11another person or legal entity, however organized, that conducts similar sample surveys
21.12in the normal course of business.
21.13(3) The requester shall submit an application fee of $20,000, to cover the cost of
21.14reviewing the application for a new plate and developing the new special plate if authorized
21.15by law. State funds may not be used to pay the application fee.
new text begin This requirement does not new text end
21.16
new text begin apply if legislation or a bill introduced to the legislature proposing the new special plate new text end
21.17
new text begin contains a mechanism by which all costs incurred by the commissioner for development new text end
21.18
new text begin and implementation of the plate are covered, provided that the application fee subsequently new text end
21.19
new text begin does apply if such a mechanism is not enacted in the law authorizing the new special plate.new text end
21.20(4) The requester shall submit a marketing strategy that contains (i) short-term and
21.21long-term marketing plans for the requested plate, and (ii) a financial analysis showing
21.22the anticipated revenues and the planned expenditures of any fee or contribution derived
21.23from the requested plate.
21.24(b) The requester shall submit the information required under paragraph (a) to the
21.25commissioner at least 120 days before the convening of the next regular legislative session
21.26at which the requester will submit the proposal.
21.27
new text begin Subd. 2a.new text end new text begin Information for legislature.new text end new text begin (a) Within 15 days of the introduction of a new text end
21.28
new text begin bill proposing a new special plate, the commissioner shall submit a briefing to the chairs new text end
21.29
new text begin and ranking minority members of the house of representatives and senate committees to new text end
21.30
new text begin which the bill was referred. At a minimum, the briefing must:new text end
21.31
new text begin (1) summarize the requirements for a special plate under this section; andnew text end
21.32
new text begin (2) identify which of the requirements have been met for the proposed special plate.new text end
21.33
new text begin (b) If a proposed special plate is a topic of discussion at a legislative committee new text end
21.34
new text begin hearing, the commissioner shall make every reasonable effort to provide testimony. The new text end
21.35
new text begin testimony must include the information required in the briefing under paragraph (a).new text end
22.1
new text begin (c) Notwithstanding section 3.195, the commissioner may submit the briefing under new text end
22.2
new text begin paragraph (a) by submitting an electronic version rather than a printed version.new text end
22.3 Subd. 3.
Design; redesign. (a) If the proposed new special plate sought by the
22.4requester is approved by law, the requester shall submit the proposed design for the plate
22.5to the commissioner as soon as practicable, but not later than 120 days after the effective
22.6date of the law authorizing issuance of the plate. The commissioner is responsible for
22.7selecting the final design for the special plate.
22.8(b) The requester that originally requested a
new text begin newnew text end special plate subsequently approved
22.9by law may not submit a new design for the plate within the five years following the date
22.10of first issuance of the plate unless the inventory of those plates has been exhausted.
22.11The requester may deplete the remaining inventory of the plates by reimbursing the
22.12commissioner for the cost of the plates.
22.13 Subd. 4.
Refund of fee. If the special plate requested is not authorized in the
22.14legislative session at which authorization was sought, the commissioner shall
new text begin , if new text end
22.15
new text begin applicable,new text end refund $17,500 of the application fee to the requester.
22.16 Subd. 5.
Discontinuance of plate. (a) The commissioner shall discontinue the
22.17issuance or renewal of any
new text begin proximatenew text end special plate authorized by sections
168.12,
22.18subdivisions 2b and 2e
;
; and
, if (1) fewer than 1,000 sets of those
22.19plates are currently registered at the end of the first six years during which the plates are
22.20available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of
22.21any subsequent two-year period following the first six years of availability.
22.22(b) The commissioner shall discontinue the issuance or renewal of any
new text begin proximatenew text end
22.23special plate authorized by sections
168.12, subdivisions 2b and 2e;
;
22.24and
, and distribution of any contributions resulting from that plate, if the
22.25commissioner determines that (1) the fund or requester receiving the contributions no
22.26longer exists, (2) the requester has stopped providing services that are authorized to be
22.27funded from the contribution proceeds, (3) the requester has requested discontinuance, or
22.28(4) contributions have been used in violation of subdivision 6.
22.29(c) Nothing in this subdivision applies to plates issued under section
168.123,
22.30168.124
,
168.125,
168.1251, or
168.1255.
22.31
new text begin (d) Upon commencing discontinuance of a proximate special plate under this new text end
22.32
new text begin subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and new text end
22.33
new text begin (2) shall allow retention of any existing plate for the regular period. For purposes of this new text end
22.34
new text begin paragraph, "regular period" may be, as appropriate, the period specified under section new text end
22.35
new text begin 168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as new text end
22.36
new text begin otherwise provided by law.new text end
23.1 Subd. 6.
Use of contributions. Contributions made as a condition of obtaining a
new text begin new text end
23.2
new text begin proximatenew text end special plate authorized by sections
168.12, subdivisions 2b and 2e;
;
23.3and
, and interest earned on the contributions, may not be spent for commercial or
23.4for-profit purposes.
23.5 Subd. 7.
Deposit of fee; appropriation. The commissioner shall deposit the
23.6application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services
23.7operating account of the special revenue fund under section
299A.705. An amount
23.8sufficient to pay the department's cost in implementing and administering this section,
23.9including payment of refunds under subdivision 4, is appropriated to the commissioner.
23.10 Sec. 24. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
23.11 Subd. 2.
Deputy registrars. (a) The commissioner may appoint, and for cause
23.12discontinue, a deputy registrar for any statutory or home rule charter city as the public
23.13interest and convenience may require, without regard to whether the county auditor of
23.14the county in which the city is situated has been appointed as the deputy registrar for the
23.15county or has been discontinued as the deputy registrar for the county, and without regard
23.16to whether the county in which the city is situated has established a county license bureau
23.17that issues motor vehicle licenses as provided in section
373.32.
23.18(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
23.19for any statutory or home rule charter city as the public interest and convenience may
23.20require, if the auditor for the county in which the city is situated chooses not to accept
23.21appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
23.22or if the county in which the city is situated has not established a county license bureau
23.23that issues motor vehicle licenses as provided in section
373.32. The individual appointed
23.24by the commissioner as a deputy registrar for any statutory or home rule charter city must
23.25be a resident of the county in which the city is situated.
23.26(c) The commissioner may appoint, and for cause discontinue, the county auditor of
23.27each county as a deputy registrar.
23.28(d) Despite any other provision, a person other than a county auditor or a director
23.29of a county license bureau, who was appointed by the registrar before August 1, 1976,
23.30as a deputy registrar for any statutory or home rule charter city, may continue to serve
23.31as deputy registrar and may be discontinued for cause only by the commissioner. The
23.32county auditor who appointed the deputy registrars is responsible for the acts of deputy
23.33registrars appointed by the auditor.
23.34(e) Each deputy, before entering upon the discharge of duties, shall take and
23.35subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
24.1(f) If a deputy registrar appointed under this subdivision is not an officer or employee
24.2of a county or statutory or home rule charter city, the deputy shall in addition give bond to
24.3the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
24.4conditioned upon the faithful discharge of duties as deputy registrar.
24.5(g) Until January 1, 2012, A corporation governed by chapter 302A
new text begin or 317Anew text end
24.6may be appointed a deputy registrar. Upon application by an individual serving as a
24.7deputy registrar and the giving of the requisite bond as provided in this subdivision,
24.8personally assured by the individual or another individual approved by the commissioner,
24.9a corporation named in an application then becomes the duly appointed and qualified
24.10successor to the deputy registrar. The appointment of any corporation as a deputy registrar
24.11expires January 1, 2012. The commissioner shall appoint an individual as successor to
24.12the corporation as a deputy registrar. The commissioner shall appoint as the successor
24.13agent to a corporation whose appointment expires under this paragraph an officer of the
24.14corporation if the officer applies for appointment before July 1, 2012.
24.15(h) Each deputy registrar appointed under this subdivision shall keep and maintain
24.16office locations approved by the commissioner for the registration of vehicles and the
24.17collection of taxes and fees on vehicles.
24.18(i) The deputy registrar shall keep records and make reports to the commissioner as
24.19the commissioner requires. The records must be maintained at the offices of the deputy
24.20registrar. The records and offices of the deputy registrar must at all times be open to the
24.21inspection of the commissioner or the commissioner's agents. The deputy registrar shall
24.22report to the commissioner by the next working day following receipt all registrations
24.23made and taxes and fees collected by the deputy registrar.
24.24(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
24.25the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
24.26but the registration tax and any additional fees for delayed registration the deputy registrar
24.27has collected the deputy registrar shall deposit by the next working day following receipt
24.28in an approved state depository to the credit of the state through the commissioner of
24.29management and budget. The place for which the deputy registrar is appointed through its
24.30governing body must provide the deputy registrar with facilities and personnel to carry out
24.31the duties imposed by this subdivision if the deputy is a public official. In all other cases,
24.32the deputy shall maintain a suitable facility for serving the public.
24.33 Sec. 25. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
24.34 Subdivision 1.
Written notice of impound. (a) When an impounded vehicle is
24.35taken into custody, the unit of government or impound lot operator taking it into custody
25.1shall give written notice of the taking within five days to the registered vehicle owner
25.2and any lienholders.
25.3 (b) The notice must:
25.4 (1) set forth the date and place of the taking;
25.5 (2) provide the year, make, model, and serial number of the impounded motor
25.6vehicle, if such information can be reasonably obtained, and the place where the vehicle
25.7is being held;
25.8 (3) inform the owner and any lienholders of their right to reclaim the vehicle under
25.9section
168B.07;
25.10 (4) state that failure of the owner or lienholders to:
25.11 (i) exercise their right to reclaim the vehicle within the appropriate time allowed
25.12under section
168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in
25.13section
168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest
25.14in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
25.15pursuant to section
168B.08; or
25.16 (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
25.17time allowed and under the conditions set forth in section
168B.07, subdivision 3,
25.18constitutes a waiver by them of all right, title, and interest in the contents and consent to
25.19sell or dispose of the contents under section
168B.08; and
25.20 (5) state that a vehicle owner who provides to the impound lot operator
25.21documentation from a government or nonprofit agency or legal aid office that the owner
25.22is homeless, receives relief based on need,
new text begin or new text end is eligible for legal aid services, or has a
25.23household income at or below 50 percent of state median income has the unencumbered
25.24right to retrieve any and all contents without charge.
25.25 Sec. 26. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
25.26 Subd. 3.
Retrieval of contents. (a) For purposes of this subdivision:
25.27 (1) "contents" does not include any permanently affixed mechanical or
25.28nonmechanical automobile parts; automobile body parts; or automobile accessories,
25.29including audio or video players; and
25.30 (2) "relief based on need" includes, but is not limited to, receipt of MFIP
25.31and Diversionary Work Program, medical assistance, general assistance, general
25.32assistance medical care, emergency general assistance, Minnesota supplemental aid,
25.33MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
25.34assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
25.35working family tax credit.
26.1 (b) A unit of government or impound lot operator shall establish reasonable
26.2procedures for retrieval of vehicle contents, and may establish reasonable procedures to
26.3protect the safety and security of the impound lot and its personnel.
26.4 (c) At any time before the expiration of the waiting periods provided in section
26.5168B.051
, a registered owner who provides documentation from a government or
26.6nonprofit agency or legal aid office that the registered owner is homeless, receives relief
26.7based on need,
new text begin or new text end is eligible for legal aid services, or has a household income at or below
26.850 percent of state median income has the unencumbered right to retrieve any and all
26.9contents without charge and regardless of whether the registered owner pays incurred
26.10charges or fees, transfers title, or reclaims the vehicle.
26.11 Sec. 27. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
26.12 Subd. 5.
Towing prohibited. Unless the vehicle is described in subdivision 4,
new text begin (a)new text end A
26.13towing authority may not tow a motor vehicle because:
26.14(1) the vehicle has expired registration tabs that have been expired for less than
26.1590 days;
new text begin ornew text end
26.16(2) the vehicle is at a parking meter on which the time has expired and the vehicle
26.17has fewer than five unpaid parking tickets
new text begin .new text end
26.18
new text begin (b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:new text end
26.19
new text begin (1) the vehicle is parked in violation of snow emergency regulations;new text end
26.20
new text begin (2) the vehicle is parked in a rush-hour restricted parking area;new text end
26.21
new text begin (3) the vehicle is blocking a driveway, alley, or fire hydrant;new text end
26.22
new text begin (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking new text end
26.23
new text begin is prohibited;new text end
26.24
new text begin (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the new text end
26.25
new text begin stop sign;new text end
26.26
new text begin (6) the vehicle is parked in a disability transfer zone or disability parking space new text end
26.27
new text begin without a disability parking certificate or disability license plates;new text end
26.28
new text begin (7) the vehicle is parked in an area that has been posted for temporary restricted new text end
26.29
new text begin parking (A) at least 12 hours in advance in a home rule charter or statutory city having new text end
26.30
new text begin a population under 50,000, or (B) at least 24 hours in advance in another political new text end
26.31
new text begin subdivision;new text end
26.32
new text begin (8) the vehicle is parked within the right-of-way of a controlled-access highway or new text end
26.33
new text begin within the traveled portion of a public street when travel is allowed there;new text end
26.34
new text begin (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to new text end
26.35
new text begin use by fire, police, public safety, or emergency vehicles;new text end
27.1
new text begin (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul new text end
27.2
new text begin International Airport owned by the Metropolitan Airports Commission;new text end
27.3
new text begin (11) a law enforcement official has probable cause to believe that the vehicle is new text end
27.4
new text begin stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is new text end
27.5
new text begin reasonably necessary to obtain or preserve the evidence;new text end
27.6
new text begin (12) the driver, operator, or person in physical control of the vehicle is taken into new text end
27.7
new text begin custody and the vehicle is impounded for safekeeping;new text end
27.8
new text begin (13) a law enforcement official has probable cause to believe that the owner, new text end
27.9
new text begin operator, or person in physical control of the vehicle has failed to respond to five or more new text end
27.10
new text begin citations for parking or traffic offenses;new text end
27.11
new text begin (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs new text end
27.12
new text begin to use by taxicabs;new text end
27.13
new text begin (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked new text end
27.14
new text begin vehicle;new text end
27.15
new text begin (16) the vehicle is parked, on a school day during prohibited hours, in a school zone new text end
27.16
new text begin on a public street where official signs prohibit parking; ornew text end
27.17
new text begin (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section new text end
27.18
new text begin , and subject to immediate removal under chapter 168Bnew text end .
27.19 Sec. 28. Minnesota Statutes 2008, section 169.041, is amended by adding a subdivision
27.20to read:
27.21
new text begin Subd. 5a.new text end new text begin Quick clearance.new text end new text begin (a) For purposes of this subdivision:new text end
27.22
new text begin (1) "road" includes the roadway, a lane for vehicular traffic, shoulder, on-ramp, and new text end
27.23
new text begin off-ramp of a street or highway, including a parkway; andnew text end
27.24
new text begin (2) "obstructions" includes motor vehicles, debris, personal property, and cargo.new text end
27.25
new text begin (b) Within the Department of Transportation's eight-county metropolitan district, new text end
27.26
new text begin the department and the State Patrol may move, remove, or cause to remove obstructions new text end
27.27
new text begin from a road if:new text end
27.28
new text begin (1) there has been a traffic incident involving a collision, accident, or spilled load;new text end
27.29
new text begin (2) the obstructions block a road or aggravate an emergency on a road; andnew text end
27.30
new text begin (3) the department cooperates with the State Patrol and private towing or recovery new text end
27.31
new text begin companies authorized by the State Patrol concerning towing of the vehicle and removal of new text end
27.32
new text begin other obstructions.new text end
27.33
new text begin (c) The State Patrol shall make a reasonable effort to contact the owner of the motor new text end
27.34
new text begin vehicle or other obstructions before undertaking an action under this subdivision.new text end
28.1
new text begin (d) The department shall make a reasonable effort to allow the owner of the motor new text end
28.2
new text begin vehicle to arrange for its removal, taking into account any time delay and safety issues, new text end
28.3
new text begin and shall give due consideration to having the vehicle towed by a licensed towing service new text end
28.4
new text begin capable of safely moving the vehicle.new text end
28.5
new text begin (e) Towing charges accrued by the owner or owners of the vehicle must be new text end
28.6
new text begin reasonable for the type of vehicle removed and the circumstances surrounding its removal.new text end
28.7 Sec. 29. Minnesota Statutes 2008, section 169.15, is amended to read:
28.8
169.15 IMPEDING TRAFFICnew text begin ; INTERSECTION GRIDLOCKnew text end .
28.9
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
28.10motor vehicle at such a slow speed as to impede or block the normal and reasonable
28.11movement of traffic except when reduced speed is necessary for safe operation or in
28.12compliance with law or except when the vehicle is temporarily unable to maintain a greater
28.13speed due to a combination of the weight of the vehicle and the grade of the highway.
28.14
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
28.15
new text begin in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a new text end
28.16
new text begin traffic-control signal until the driver is able to move the vehicle immediately, continuously, new text end
28.17
new text begin and completely through the intersection without impeding or blocking the subsequent new text end
28.18
new text begin movement of cross traffic.new text end
28.19
new text begin (b) Paragraph (a) does not apply to movement of a vehicle made: new text end
28.20
new text begin (1) at the direction of a city-authorized traffic-control agent or a peace officer;new text end
28.21
new text begin (2) to facilitate passage of an authorized emergency vehicle with its emergency new text end
28.22
new text begin lights activated; ornew text end
28.23
new text begin (3) to make a turn, as permitted under section 169.19, that allows the vehicle to new text end
28.24
new text begin safely leave the intersection.new text end
28.25
new text begin (c) A violation of this subdivision does not constitute grounds for suspension or new text end
28.26
new text begin revocation of the violator's driver's license.new text end
28.27
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
28.28
new text begin committed on or after that date.new text end
28.29 Sec. 30. Minnesota Statutes 2008, section 169.26, is amended by adding a subdivision
28.30to read:
28.31
new text begin Subd. 4.new text end new text begin Pedestrians; penalty.new text end new text begin (a) A pedestrian shall not pass through, around, new text end
28.32
new text begin over, or under any crossing gate or barrier at a railroad grade crossing while the gate or new text end
28.33
new text begin barrier is closed or is being opened or closed.new text end
29.1
new text begin (b) A pedestrian shall not enter, remain upon, or traverse over a railroad track, grade new text end
29.2
new text begin crossing, or pedestrian walkway crossing a railroad track when an audible bell or clearly new text end
29.3
new text begin visible electric or mechanical signal device is operational and warning of the presence, new text end
29.4
new text begin approach, passage, or departure of a railroad train.new text end
29.5
new text begin (c) A person who violates this subdivision is subject to a fine of up to $100.new text end
29.6 Sec. 31. Minnesota Statutes 2008, section 169.306, is amended to read:
29.7
169.306 USE OF SHOULDERS BY BUSES.
29.8(a) The commissioner of transportation may
new text begin is authorized tonew text end permit the use by transit
29.9buses and Metro Mobility buses of a shoulder
new text begin , as designated by the commissioner,new text end of a
29.10freeway or expressway, as defined in section
160.02, in the seven-county metropolitan
29.11area
new text begin in Minnesotanew text end .
29.12(b) If the commissioner permits the use of a freeway or expressway shoulder by
29.13transit buses, the commissioner shall also permit the use on that shoulder of a bus
new text begin (1) new text end with
29.14a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
29.15as defined in section
221.012, subdivision 26, while operating in intrastate commerce
new text begin or new text end
29.16
new text begin (2) providing regular route transit service, as defined in section 174.22, subdivision 8, or new text end
29.17
new text begin Metro Mobility services, and operated by or under contract with the Metropolitan Council, new text end
29.18
new text begin a local transit authority, or a transit authority created by the legislature. Drivers of these new text end
29.19
new text begin buses must have adequate training in the requirements of paragraph (c), as determined by new text end
29.20
new text begin the commissionernew text end .
29.21(c) Buses authorized to use the shoulder under this section may be operated on the
29.22shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
29.23buses being operated on the shoulder may not exceed the speed of main-line traffic by
29.24more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
29.25being operated on the shoulder must yield to merging, entering, and exiting traffic and
29.26must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
29.27registered with the Department of Transportation.
29.28(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
29.29vehicle of not less than 20 feet in length engaged in providing special transportation
29.30services under section
473.386 that is:
29.31(1) operated by the Metropolitan Council, or operated by
new text begin or under contract withnew text end a
29.32public or private entity receiving financial assistance
new text begin to provide transit servicesnew text end from the
29.33Metropolitan Council
new text begin or the commissioner of transportationnew text end ; and
29.34(2) authorized by the council
new text begin commissionernew text end to use freeway or expressway shoulders.
29.35(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
30.1 Sec. 32. Minnesota Statutes 2009 Supplement, section 169.71, subdivision 1, is
30.2amended to read:
30.3 Subdivision 1.
Prohibitions generally; exceptions. (a) A person shall not drive or
30.4operate any motor vehicle with:
30.5(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;
30.6(2) any objects suspended between the driver and the windshield, other than:
30.7(i) sun visors;
30.8(ii) rearview mirrors;
30.9
new text begin (iii) driver feedback and safety-monitoring equipment when mounted immediately new text end
30.10
new text begin behind, slightly above, or slightly below the rearview mirror;new text end
30.11(iii)
new text begin (iv)new text end global positioning systems or navigation systems when mounted or located
30.12near the bottommost portion of the windshield; and
30.13(iv)
new text begin (v)new text end electronic toll collection devices; or
30.14(3) any sign, poster, or other nontransparent material upon the front windshield,
30.15sidewings, or side or rear windows of the vehicle, other than a certificate or other paper
30.16required to be so displayed by law or authorized by the state director of the Division of
30.17Emergency Management or the commissioner of public safety.
30.18(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
30.19(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.
30.20 Sec. 33. Minnesota Statutes 2008, section 169.79, subdivision 3, is amended to read:
30.21 Subd. 3.
Rear display of single plate. If the vehicle is a motorcycle, motor scooter,
30.22motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds gross
30.23vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one license
30.24plate must be displayed horizontally
new text begin or vertically, for a motorcycle issued vertical license new text end
30.25
new text begin plates under section 168.12, subdivision 2a, new text end with the identifying numbers and letters
30.26facing outward from the vehicle and must be mounted in the upright position on the
30.27rear of the vehicle.
30.28 Sec. 34. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
30.29amended to read:
30.30 Subdivision 1.
Six-axle vehicles. (a) A road authority may issue an annual permit
30.31authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
30.32raw or unprocessed agricultural products and be operated with a gross vehicle weight
30.33of up to:
30.34 (1) 90,000 pounds; and
31.1 (2) 99,000 pounds during the period set by the commissioner under section
169.826,
31.2subdivision 1
.
31.3 (b) Notwithstanding subdivision 4
new text begin 3new text end , paragraph (a), clause (4), a vehicle or
31.4combination of vehicles operated under this subdivision and transporting only sealed
31.5intermodal containers may be operated on an interstate highway if allowed by the United
31.6States Department of Transportation.
31.7 (c) The fee for a permit issued under this subdivision is $300.
31.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from July 1, 2008.new text end
31.9 Sec. 35. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
31.10to read:
31.11
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
31.12
new text begin under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent new text end
31.13
new text begin axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted new text end
31.14
new text begin roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.new text end
31.15
new text begin (b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end
31.16
new text begin used for propane must have an operating gauge on the cargo tank that shows the amount of new text end
31.17
new text begin propane as a percent of capacity of the cargo tank. Documentation of the capacity of the new text end
31.18
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
31.19
new text begin this subdivision, propane weighs 4.2 pounds per gallon.new text end
31.20
new text begin (c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end
31.21
new text begin used for dyed fuel oil must utilize the forward two tank compartments and must carry new text end
31.22
new text begin documentation of the empty weight of the cargo tank vehicle from a certified scale in the new text end
31.23
new text begin cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds new text end
31.24
new text begin per gallon.new text end
31.25
new text begin (d) To the extent practicable, cargo tank vehicles that are exempt from weight new text end
31.26
new text begin restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted new text end
31.27
new text begin roads by 12:00 p.m. and before the last week of April.new text end
31.28 Sec. 36. Minnesota Statutes 2009 Supplement, section 171.02, subdivision 2b, is
31.29amended to read:
31.30 Subd. 2b.
Exception for type III vehicle drivers. (a) Notwithstanding subdivision
31.312, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
31.32may operate a type III vehicle described in section
169.011, subdivision 71, paragraph (h),
31.33under the conditions in paragraphs (b) through (o).
32.1 (b) The operator is an employee of the entity that owns, leases, or contracts for
32.2the school bus.
32.3 (c) The operator's employer has adopted and implemented a policy that provides for
32.4annual training and certification of the operator in:
32.5 (1) safe operation of a type III vehicle;
32.6 (2) understanding student behavior, including issues relating to students with
32.7disabilities;
32.8 (3) encouraging orderly conduct of students on the bus and handling incidents of
32.9misconduct appropriately;
32.10 (4) knowing and understanding relevant laws, rules of the road, and local school
32.11bus safety policies;
32.12 (5) handling emergency situations;
32.13 (6) proper use of seat belts and child safety restraints;
32.14 (7) performance of pretrip vehicle inspections;
32.15 (8) safe loading and unloading of students, including, but not limited to:
32.16 (i) utilizing a safe location for loading and unloading students at the curb, on the
32.17nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
32.18areas to enable the student to avoid hazardous conditions;
32.19 (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
32.20shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
32.21 (iii) avoiding a loading or unloading location that would require a pupil to cross a
32.22road, or ensuring that the driver or an aide personally escort the pupil across the road if
32.23it is not reasonably feasible to avoid such a location; and
32.24 (iv) placing the type III vehicle in "park" during loading and unloading; and
32.25
new text begin (v) escorting a pupil across the road under clause (iii) only after the motor is new text end
32.26
new text begin stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise new text end
32.27
new text begin rendered immobile; andnew text end
32.28 (9) compliance with paragraph (k), concerning reporting certain convictions to the
32.29employer within ten days of the date of conviction.
32.30 (d) A background check or background investigation of the operator has been
32.31conducted that meets the requirements under section
122A.18, subdivision 8, or
123B.03
32.32for school district employees; section
144.057 or chapter 245C for day care employees;
32.33or section
171.321, subdivision 3, for all other persons operating a type A or type III
32.34vehicle under this subdivision.
32.35 (e) Operators shall submit to a physical examination as required by section
171.321,
32.36subdivision 2
.
33.1 (f) The operator's employer requires preemployment drug and alcohol testing of
33.2applicants for operator positions. Current operators must comply with the employer's
33.3policy under section
181.951, subdivisions 2, 4, and 5.
new text begin Notwithstanding any law to the new text end
33.4
new text begin contrary, the operator's employer may use a breathalyzer or similar device to fulfill new text end
33.5
new text begin random alcohol testing requirements.new text end
33.6 (g) The operator's driver's license is verified annually by the entity that owns,
33.7leases, or contracts for the school bus
new text begin type III vehicle as required under section 171.321, new text end
33.8
new text begin subdivision 5new text end .
33.9 (h) A person who sustains a conviction, as defined under section
609.02, of violating
33.10section
169A.25,
169A.26,
169A.27, or
169A.31, or whose driver's license is revoked
33.11under sections
169A.50 to
169A.53 of the implied consent law, or who is convicted of
33.12violating or whose driver's license is revoked under a similar statute or ordinance of
33.13another state, is precluded from operating a type III vehicle for five years from the date
33.14of conviction.
33.15 (i) A person who has ever been convicted of a disqualifying offense as defined in
33.16section
171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under
33.17this subdivision.
33.18 (j) A person who sustains a conviction, as defined under section
609.02, of a moving
33.19offense in violation of chapter 169 within three years of the first of three other moving
33.20offenses is precluded from operating a type III vehicle for one year from the date of
33.21the last conviction.
33.22 (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
33.23while employed by the entity that owns, leases, or contracts for the school bus, shall report
33.24the conviction to the employer within ten days of the date of the conviction.
33.25 (l) Students riding the type III vehicle must have training required under section
33.26123B.90, subdivision 2
.
33.27 (m) Documentation of meeting the requirements listed in this subdivision must be
33.28maintained under separate file at the business location for each type III vehicle operator.
33.29The business manager, school board, governing body of a nonpublic school, or any
33.30other entity that owns, leases, or contracts for the type III vehicle operating under this
33.31subdivision is responsible for maintaining these files for inspection.
33.32 (n) The type III vehicle must bear a current certificate of inspection issued under
33.33section
169.451.
33.34 (o) An employee of a school or of a school district, who is not employed for the sole
33.35purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).
33.36
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
34.1 Sec. 37. Minnesota Statutes 2008, section 171.321, subdivision 2, is amended to read:
34.2 Subd. 2.
Rules. (a) The commissioner of public safety shall prescribe rules
34.3governing
new text begin (1) new text end the physical qualifications of school bus drivers and tests required to obtain
34.4a school bus endorsement
new text begin , and (2) the physical qualifications of type III vehicle driversnew text end .
34.5
new text begin (b) new text end The rules
new text begin under paragraph (a) new text end must provide that an applicant for a school
34.6bus endorsement or renewal is exempt from the physical qualifications and medical
34.7examination required to operate a school bus upon providing evidence of being medically
34.8examined and certified within the preceding 24 months as physically qualified to operate a
34.9commercial motor vehicle, pursuant to Code of Federal Regulations, title 49, part 391,
34.10subpart E, or rules of the commissioner of transportation incorporating those federal
34.11regulations. The commissioner shall accept physical examinations for school bus drivers
34.12conducted by medical examiners authorized as provided by Code of Federal Regulations,
34.13title 49, chapter 3, part 391, subpart E.
34.14 (b)
new text begin (c)new text end The commissioner of public safety, in conjunction with the commissioner
34.15of education, shall adopt rules prescribing a training program for Head Start bus drivers.
34.16The program must provide for initial classroom and behind-the-wheel training, and annual
34.17in-service training. The program must provide training in defensive driving, human
34.18relations, emergency and accident procedures, vehicle maintenance, traffic laws, and use
34.19of safety equipment. The program must provide that the training will be conducted by the
34.20contract operator for a Head Start agency, the Head Start grantee, a licensed driver training
34.21school, or by another person or entity approved by both commissioners.
34.22
new text begin (d) The commissioner may exempt a type III vehicle driver from the physical new text end
34.23
new text begin qualifications required to operate a type III vehicle upon receiving evidence of the new text end
34.24
new text begin driver having been medically examined and certified within the preceding 24 months as new text end
34.25
new text begin physically qualified to operate a commercial motor vehicle as provided for applicants for a new text end
34.26
new text begin school bus endorsement under paragraph (b).new text end
34.27 Sec. 38. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
34.28 Subdivision 1.
Department created. In order to provide a balanced
new text begin an integrated new text end
34.29transportation system, including
new text begin of new text end aeronautics, highways, motor carriers, ports, public
34.30transit, railroads, and pipelines,
new text begin and including facilities for walking and bicycling, new text end a
34.31Department of Transportation is created. The department is the principal agency of the
34.32state for development, implementation, administration, consolidation, and coordination of
34.33state transportation policies, plans, and programs.
34.34 Sec. 39. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
35.1 Subd. 2.
Transportation goals. The goals of the state transportation system are
35.2as follows:
35.3 (1) to provide safe transportation
new text begin minimize fatalities and injuries new text end for
new text begin transportation new text end
35.4users throughout the state;
35.5 (2) to provide multimodal and intermodal transportation that enhances mobility and
35.6economic development and provides access to all persons and businesses in Minnesota
35.7while ensuring that there is no
new text begin facilities and services to increase access for all persons and new text end
35.8
new text begin businesses and to ensure economic well-being and quality of life without new text end undue burden
35.9placed on any community;
35.10 (3) to provide a reasonable travel time for commuters;
35.11 (4) to
new text begin enhance economic development and new text end provide for the economical, efficient, and
35.12safe movement of goods to and from markets by rail, highway, and waterway;
35.13 (5) to encourage tourism by providing appropriate transportation to Minnesota
35.14facilities designed to attract tourists
new text begin and to enhance the appeal, through transportation new text end
35.15
new text begin investments, of tourist destinations across the statenew text end ;
35.16 (6) to provide transit services throughout
new text begin to all counties in new text end the state to meet the
35.17needs of transit users;
35.18 (7) to promote productivity
new text begin accountability new text end through system
new text begin systematic new text end management
35.19
new text begin of system performance new text end and
new text begin productivity through new text end the utilization of technological
35.20advancements;
35.21 (8) to maximize the long-term benefits received for each state transportation
35.22investment;
35.23 (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
35.24minimum, preserves the transportation infrastructure
new text begin ensures that the state's transportation new text end
35.25
new text begin infrastructure is maintained in a state of good repairnew text end ;
35.26 (10) to ensure that the planning and implementation of all modes of transportation
35.27are consistent with the environmental and energy goals of the state;
35.28 (11) to promote and increase the use of high-occupancy vehicles and low-emission
35.29vehicles;
35.30 (12) to provide an air transportation system sufficient to encourage economic growth
35.31and allow all regions of the state the ability to participate in the global economy;
35.32 (13) to increase transit use
new text begin of transit as a percentage of all trips new text end statewide by giving
35.33highest priority to the transportation modes with the greatest people-moving capacity and
35.34lowest long-term economic and environmental cost;
35.35 (14) to promote and increase bicycling
new text begin and walking as a percentage of all trips new text end as an
35.36energy-efficient, nonpolluting, and healthful form
new text begin healthy forms new text end of transportation;
36.1 (15) to reduce greenhouse gas emissions from the state's transportation sector; and
36.2 (16) to accomplish these goals with minimal impact on the environment.
36.3 Sec. 40. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
36.4 Subd. 1a.
Mission; efficiency; legislative report, recommendations. It is part
36.5of the department's mission that within the department's resources the commissioner
36.6shall endeavor to:
36.7 (1) prevent the waste or unnecessary spending of public money;
36.8 (2) use innovative fiscal and human resource practices to manage the state's
36.9resources and operate the department as efficiently as possible;
36.10 (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
36.11
new text begin reduction in greenhouse gas emissionsnew text end ;
36.12 (4) coordinate the department's activities wherever appropriate with the activities
36.13of other governmental agencies;
36.14 (5) use technology where appropriate to increase agency productivity, improve
36.15customer service, increase public access to information about government, and increase
36.16public participation in the business of government;
36.17 (6) utilize constructive and cooperative labor-management practices to the extent
36.18otherwise required by chapters 43A and 179A;
36.19 (7) report to the legislature on the performance of agency operations and the
36.20accomplishment of agency goals in the agency's biennial budget according to section
36.2116A.10, subdivision 1
; and
36.22 (8) recommend to the legislature appropriate changes in law necessary to carry out
36.23the mission and improve the performance of the department.
36.24 Sec. 41.
new text begin [174.186] DISADVANTAGED BUSINESS ENTERPRISE new text end
36.25
new text begin COLLABORATIVE.new text end
36.26
new text begin Subdivision 1.new text end new text begin Establishment; purpose.new text end new text begin (a) The commissioner of transportation new text end
36.27
new text begin shall convene regular meetings of the disadvantaged business enterprise program and new text end
36.28
new text begin workforce inclusion collaborative, as constituted by the commissioner as of January new text end
36.29
new text begin 1, 2010.new text end
36.30
new text begin (b) The collaborative shall review and evaluate the commissioner's implementation new text end
36.31
new text begin of the disadvantaged business enterprise program, under Code of Federal Regulations, title new text end
36.32
new text begin 49, and recommend changes, including possible legislation, to improve the effectiveness new text end
36.33
new text begin of the program in this state. At a minimum, the collaborative shall review, evaluate, and new text end
36.34
new text begin recommend program changes where necessary in the following areas:new text end
37.1
new text begin (1) an on-the-job training program to increase the diversity of the workforce on new text end
37.2
new text begin projects;new text end
37.3
new text begin (2) on-the-job trainee tracking and retention;new text end
37.4
new text begin (3) a mentor and protégé program for small, disadvantaged business entrepreneurs;new text end
37.5
new text begin (4) requirements for participation of disadvantaged business enterprises at the time new text end
37.6
new text begin of letting bids for contracts;new text end
37.7
new text begin (5) a coordinated access point to recruit disadvantaged business enterprises and a new text end
37.8
new text begin diverse workforce;new text end
37.9
new text begin (6) objective measures for good-faith efforts to recruit disadvantaged business new text end
37.10
new text begin enterprises;new text end
37.11
new text begin (7) a working capital fund for small disadvantaged business enterprises;new text end
37.12
new text begin (8) increased transparency for results in the on-the-job training and disadvantaged new text end
37.13
new text begin business enterprise programs;new text end
37.14
new text begin (9) civil rights program training;new text end
37.15
new text begin (10) a targeted group business program for state-funded projects; andnew text end
37.16
new text begin (11) coding systems and dual goals for women and people of color.new text end
37.17
new text begin (c) The commissioner shall provide staff and administrative support for the new text end
37.18
new text begin collaborative and shall establish policies and procedures for the collaborative, including new text end
37.19
new text begin quorum requirements and majority decision making.new text end
37.20
new text begin (d) The representatives of the Department of Transportation with responsibility for new text end
37.21
new text begin civil rights and contracting shall participate in collaborative meetings and deliberations.new text end
37.22
new text begin (e) Members of the collaborative do not receive compensation or reimbursement of new text end
37.23
new text begin expenses.new text end
37.24
new text begin Subd. 2.new text end new text begin Powers and duties; report.new text end new text begin (a) The collaborative shall develop new text end
37.25
new text begin recommendations to the commissioner and to the legislature as provided in paragraph (b) new text end
37.26
new text begin designed to implement fully the federal Disadvantaged Business Enterprise program in new text end
37.27
new text begin this state and to improve the effectiveness of the program. These recommendations, new text end
37.28
new text begin including any draft legislation if the collaborative decides to recommend legislation, may new text end
37.29
new text begin include, but are not limited to, strategies, policies, and actions focused on:new text end
37.30
new text begin (1) requiring bid proposals to include information on disadvantaged business new text end
37.31
new text begin enterprise participation;new text end
37.32
new text begin (2) defining and implementing appropriate accountability measures when new text end
37.33
new text begin disadvantaged business enterprise contract goals are not met in accordance with Code new text end
37.34
new text begin of Federal Regulations, title 49;new text end
37.35
new text begin (3) sponsoring disadvantaged business enterprise training and development new text end
37.36
new text begin workshops; andnew text end
38.1
new text begin (4) strengthening the content and frequency of department reporting requirements new text end
38.2
new text begin relating to the disadvantaged business enterprise program.new text end
38.3
new text begin (b) The collaborative shall report its findings and legislative recommendations, new text end
38.4
new text begin including draft legislation if the collaborative decides to recommend legislation, to the new text end
38.5
new text begin chairs and ranking minority members of the legislative committees and divisions with new text end
38.6
new text begin jurisdiction over transportation policy and finance by February 1, 2011. The report must new text end
38.7
new text begin be made available electronically and available in print upon request.new text end
38.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
38.9 Sec. 42. Minnesota Statutes 2008, section 174.22, is amended by adding a subdivision
38.10to read:
38.11
new text begin Subd. 14a.new text end new text begin State sources of funds.new text end new text begin "State sources of funds" means funding for the new text end
38.12
new text begin public transit participation program appropriated from (1) the general fund, and (2) the new text end
38.13
new text begin greater Minnesota transit account.new text end
38.14 Sec. 43. Minnesota Statutes 2008, section 174.23, subdivision 1, is amended to read:
38.15 Subdivision 1.
General. new text begin (a) new text end The commissioner shall have all powers necessary and
38.16convenient to carry out the provisions of sections
174.21 to
174.27 including the power to:
38.17(1) review applications for financial assistance, execute contracts, and obligate
38.18and expend program funds, upon conditions and limitations as the commissioner deems
38.19necessary for purposes of program and project implementation, operation, and evaluation,
new text begin ;new text end
38.20(2) accept and disburse federal funds available for the purposes of sections
174.21 to
38.21174.27
, and
new text begin such funds are appropriated to the commissioner; andnew text end
38.22(3) act upon request as the designated agent of any eligible person for the receipt and
38.23disbursal of federal funds.
38.24
new text begin (b)new text end The commissioner shall perform the duties and exercise the powers under
38.25sections
174.21 to
174.27 in coordination with and in furtherance of statewide,
38.26regional, and local transportation plans and transportation development programs. The
38.27commissioner shall set guidelines for financial assistance under the public transit subsidy
38.28program. The commissioner shall present any proposed guidelines regarding public transit
38.29financial assistance to a legislative committee composed of equal numbers appointed by
38.30the house of representatives local and urban affairs and senate transportation committees.
38.31The commissioner shall not implement any new guidelines regarding public transit
38.32financial assistance, between the period January 1, 1981 to April 15, 1982, without the
38.33prior approval of that committee.
39.1 Sec. 44. Minnesota Statutes 2008, section 174.23, subdivision 2, is amended to read:
39.2 Subd. 2.
Financial assistancenew text begin ; application, approvalnew text end . new text begin (a) new text end The commissioner
39.3shall seek out and select eligible recipients of financial assistance under sections
174.21
39.4to
174.27.
39.5
new text begin (b)new text end The commissioner shall establish by rule the procedures and standards for review
39.6and approval of applications for financial assistance submitted to the commissioner
39.7pursuant to sections
174.21 to
174.27. Any applicant shall provide to the commissioner
39.8any financial or other information required by the commissioner to carry out the
39.9commissioner's duties. The commissioner may require local contributions from applicants
39.10as a condition for receiving financial assistance.
39.11
new text begin (c)new text end Before the commissioner approves any grant, the application for the grant shall
new text begin new text end
39.12
new text begin maynew text end be reviewed and approved by the appropriate regional development commission only
39.13for consistency with regional transportation plans and development guides. If an applicant
39.14proposes a project within the jurisdiction of a transit authority or commission or a transit
39.15system assisted or operated by a city or county, the application shall also be reviewed
39.16by that commission, authority, or political subdivision for consistency with its transit
39.17programs, policies, and plans. Any regional development commission that has not adopted
39.18a transportation plan may review but may not approve or disapprove of any application.
39.19 Sec. 45. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 1a, is
39.20amended to read:
39.21 Subd. 1a.
Transit service needs implementationnew text begin Greater Minnesota transit new text end
39.22
new text begin investmentnew text end plan. new text begin (a) new text end The commissioner shall develop a
new text begin greater Minnesota new text end transit service
39.23needs implementation
new text begin investmentnew text end plan that contains a goal of meeting at least 80 percent
39.24of unmet
new text begin totalnew text end transit service needs in greater Minnesota by July 1, 2015, and meeting at
39.25least 90 percent of unmet
new text begin totalnew text end transit service needs in greater Minnesota by July 1, 2025.
39.26
new text begin (b)new text end The plan must include, but is not limited to, the following:
39.27
new text begin (1)new text end an analysis of ridership and
new text begin totalnew text end transit service needs throughout greater
39.28Minnesota;
39.29
new text begin (2)new text end a calculation of unmet needs; an assessment of the level and type of service
39.30required to meet unmet
new text begin total transit servicenew text end needs
new text begin , for the transit system classifications new text end
39.31
new text begin as provided under subdivision 3b, paragraph (c), of urbanized area, small urban area, new text end
39.32
new text begin rural area, and elderly and disabled servicenew text end ;
39.33
new text begin (3)new text end an analysis of costs and revenue options; and,
39.34
new text begin (4)new text end a plan to reduce unmet
new text begin totalnew text end transit service needs as specified in this subdivision
new text begin ; new text end
39.35
new text begin andnew text end
40.1
new text begin (5) identification of the operating and capital costs necessary to meet 100 percent of new text end
40.2
new text begin the greater Minnesota transit targeted and projected bus service hours, as identified in the new text end
40.3
new text begin greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030new text end .
40.4
new text begin (c)new text end The plan must specifically address special transportation service ridership and
40.5needs. The plan must also provide that recipients of operating assistance under this
40.6section provide fixed route public transit service without charge for disabled veterans in
40.7accordance with subdivision 7. The commissioner may amend the plan as necessary, and
40.8may use all or part of the 2001 greater Minnesota public transportation plan created by the
40.9Minnesota Department of Transportation.
40.10 Sec. 46. Minnesota Statutes 2008, section 174.24, subdivision 2, is amended to read:
40.11 Subd. 2.
Eligibility; application. Any legislatively established public transit
40.12commission or authority, any county or statutory or home rule charter city providing
40.13financial assistance to or operating public transit, any private operator of public transit, or
40.14any combination thereof is eligible to receive financial assistance through the public transit
40.15participation program.
new text begin Except as provided in subdivision 2b for assistance provided from new text end
40.16
new text begin federal funds,new text end eligible recipients must be located outside of the metropolitan area.
40.17 Sec. 47. Minnesota Statutes 2008, section 174.24, is amended by adding a subdivision
40.18to read:
40.19
new text begin Subd. 2b.new text end new text begin Federal aid.new text end new text begin (a) The commissioner may accept and disburse federal funds new text end
40.20
new text begin received and appropriated under section 174.23, subdivision 1, as an additional source of new text end
40.21
new text begin funds for implementing the public transit participation program established in this section. new text end
40.22
new text begin This authority includes, but is not limited to:new text end
40.23
new text begin (1) adopting administrative rules to establish financial assistance allocation priorities, new text end
40.24
new text begin identify factors to consider in reviewing an applicant's management plan, evaluate a new text end
40.25
new text begin request for financial assistance, and determine the amount of financial assistance to be new text end
40.26
new text begin provided; andnew text end
40.27
new text begin (2) establishing project selection criteria under the United States Code, title 49, new text end
40.28
new text begin section 5311, state management plan as approved by the Federal Transit Administration, new text end
40.29
new text begin United States Department of Transportation.new text end
40.30
new text begin (b) If the commissioner accepts and disburses federal funds as provided in paragraph new text end
40.31
new text begin (a), the commissioner shall:new text end
40.32
new text begin (1) maintain separate accounts for (i) state sources of funds, and (ii) federal sources new text end
40.33
new text begin of funding; andnew text end
41.1
new text begin (2) ensure that all state sources of funds are only used for assistance to eligible new text end
41.2
new text begin recipients as provided in subdivision 2.new text end
41.3 Sec. 48. Minnesota Statutes 2008, section 174.24, subdivision 3b, is amended to read:
41.4 Subd. 3b.
Operating assistance; recipient classifications. (a) The commissioner
41.5shall determine the total operating cost of any public transit system receiving or applying
41.6for assistance in accordance with generally accepted accounting principles. To be eligible
41.7for financial assistance, an applicant or recipient shall provide to the commissioner
41.8all financial records and other information and shall permit any inspection reasonably
41.9necessary to determine total operating cost and correspondingly the amount of assistance
41.10that may be paid to the applicant or recipient. Where more than one county or municipality
41.11contributes assistance to the operation of a public transit system, the commissioner shall
41.12identify one as lead agency for the purpose of receiving money under this section.
41.13 (b) Prior to distributing operating assistance to eligible recipients for any contract
41.14period, the commissioner shall place all recipients into one of the following classifications:
41.15urbanized area service, small urban area service, rural area service, and elderly and
41.16disabled service.
41.17
new text begin (c)new text end The commissioner shall distribute funds under this section so that the percentage
41.18of total
new text begin contracted new text end operating cost paid by any recipient from local sources will not exceed
41.19the percentage for that recipient's classification, except as provided in an undue hardship
41.20case
new text begin this subdivisionnew text end . The percentages must be:
41.21
new text begin (1)new text end for urbanized area service and small urban area service, 20 percent;
41.22
new text begin (2)new text end for rural area service, 15 percent; and
41.23
new text begin (3)new text end for elderly and disabled service, 15 percent.
41.24
new text begin Except as provided in a United States Department of Transportation program allowing new text end
41.25
new text begin or requiring a lower percentage to be paid from local sources, new text end the remainder of the
41.26
new text begin recipient's new text end total
new text begin contracted new text end operating cost will be paid from state
new text begin sources ofnew text end funds less any
41.27assistance received by the recipient from any federal source
new text begin the United States Department new text end
41.28
new text begin of Transportationnew text end .
41.29
new text begin (d)new text end For purposes of this subdivision, "local sources" means all local sources of funds
41.30and includes all operating revenue, tax levies, and contributions from public funds, except
41.31that the commissioner may exclude from the total assistance contract revenues derived
41.32from operations the cost of which is excluded from the computation of total operating
41.33cost. Total operating costs of the Duluth Transit Authority or a successor agency does
41.34not include costs related to the Superior, Wisconsin service contract and the Independent
41.35School District No. 709 service contract.
42.1 (c)
new text begin (e)new text end If a recipient informs the commissioner in writing after the establishment of
42.2these percentages but prior to the distribution of financial assistance for any year that
42.3paying its designated percentage of total operating cost from local sources will cause
42.4undue hardship, the commissioner may reduce the percentage to be paid from local
42.5sources by the recipient and increase the percentage to be paid from local sources by one
42.6or more other recipients inside or outside the classification. However, the commissioner
42.7may not reduce or increase any recipient's percentage under this paragraph for more than
42.8two years successively. If for any year the funds appropriated to the commissioner to carry
42.9out the purposes of this section are insufficient to allow the commissioner to pay the state
42.10share of total operating cost as provided in this paragraph, the commissioner shall reduce
42.11the state share in each classification to the extent necessary.
42.12 Sec. 49. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 5, is
42.13amended to read:
42.14 Subd. 5.
Method of payment, operating assistance. Payments for operating
42.15assistance under this section
new text begin from state sources of fundsnew text end must be made in the following
42.16manner:
42.17 (a) For payments made from the general fund:
42.18 (1) 50 percent of the total contract amount in or before the first month of operation;
42.19 (2) 40 percent of the total contract amount in or before the seventh month of
42.20operation;
42.21 (3) 9 percent of the total contract amount in or before the 12th month of operation;
42.22and
42.23 (4) 1 percent of the total contract amount after the final audit.
42.24 (b) For payments made from the greater Minnesota transit account:
42.25 (1) 50 percent of the total contract amount in or before the seventh month of
42.26operation; and
42.27 (2) 50 percent of the total contract amount in or before the 11th month of operation.
42.28 Sec. 50. Minnesota Statutes 2008, section 174.247, is amended to read:
42.29
174.247 ANNUAL TRANSIT REPORT.
42.30 (a) By February 15 annually, the commissioner shall submit a report to the legislature
42.31on transit services outside the metropolitan area. The Metropolitan Council and any
42.32public transit system receiving assistance under section
174.24 shall provide assistance
42.33in creating the report, as requested by the commissioner.
42.34 (b) The report must include, at a minimum, the following:
43.1 (1) a descriptive overview of public transit in Minnesota;
43.2 (2) a descriptive summary of funding sources and assistance programs;
43.3 (3) a summary of each public transit system receiving assistance under section
43.4174.24
;
43.5 (4) data that identifies use of volunteers in providing transit service;
43.6 (5) financial data that identifies operating and capital costs, and funding sources,
43.7for each public transit system and for each transit system classification under section
43.8174.24, subdivision 3b
new text begin :new text end
43.9
new text begin (i) the operating and capital costs;new text end
43.10
new text begin (ii) each of the funding sources used to provide financial assistancenew text end ; and
43.11
new text begin (iii) for federal funds, the amount from each specific federal program under which new text end
43.12
new text begin funding is provided;new text end
43.13 (6)
new text begin a summary of the differences in program implementation requirements and aid new text end
43.14
new text begin recipient eligibility between federal aid and state sources of funds;new text end
43.15
new text begin (7) in each odd-numbered year, an analysis of public transit system needs and new text end
43.16
new text begin operating expenditures on an annual basis, which must include a methodology for new text end
43.17
new text begin identifying monetary needs, and calculations of:new text end
43.18
new text begin (i) the total monetary needs for all public transit systems, for the year of the report new text end
43.19
new text begin and the ensuing five years;new text end
43.20
new text begin (ii) the total expenditures from local sources for each transit system classification;new text end
43.21
new text begin (iii) the comprehensive transit assistance percentage for each transit system new text end
43.22
new text begin classification, which equals (A) the expenditures identified under clause (7), item (ii), for new text end
43.23
new text begin a transit system classification, divided by (B) the amounts identified under subitem (A), new text end
43.24
new text begin plus the sum of state sources of funds plus federal funds provided to all transit systems new text end
43.25
new text begin in that classification; andnew text end
43.26
new text begin (iv) new text end in each odd-numbered year, beginning in 2009, a calculation of the amounts
new text begin the new text end
43.27
new text begin amountnew text end of surplus or insufficient funds available for (i) paying the state share of transit
43.28operating costs under section
174.24, subdivision 3b, and (ii) paying capital and operating
43.29costs to fully implement the transit service needs implementation
new text begin greater Minnesota transit new text end
43.30
new text begin investmentnew text end plan under section
174.24, subdivision 1a.
43.31 Sec. 51.
new text begin [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.new text end
43.32
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
43.33
new text begin Access is established to study, evaluate, oversee, and make recommendations to improve new text end
43.34
new text begin the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of new text end
43.35
new text begin transportation services provided to the transit public. "Transit public" means those persons new text end
44.1
new text begin who utilize public transit and those who, because of mental or physical disability, income new text end
44.2
new text begin status, or age are unable to transport themselves and are dependent upon others for new text end
44.3
new text begin transportation services.new text end
44.4
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 new text end
44.5
new text begin 1, the council, following consultation with the legislative committees or divisions new text end
44.6
new text begin with jurisdiction over transportation policy and budget, or with appropriate legislative new text end
44.7
new text begin transportation subcommittees, shall adopt a biennial work plan that must incorporate new text end
44.8
new text begin the following activities:new text end
44.9
new text begin (1) compile information on existing transportation alternatives for the transit public, new text end
44.10
new text begin and serve as a clearinghouse for information on services, funding sources, innovations, new text end
44.11
new text begin and coordination efforts;new text end
44.12
new text begin (2) identify best practices and strategies that have been successful in Minnesota and new text end
44.13
new text begin in other states for coordination of local, regional, state, and federal funding and services;new text end
44.14
new text begin (3) recommend statewide objectives for providing public transportation services new text end
44.15
new text begin for the transit public;new text end
44.16
new text begin (4) identify barriers prohibiting coordination and accessibility of public new text end
44.17
new text begin transportation services and aggressively pursue the elimination of those barriers;new text end
44.18
new text begin (5) recommend policies and procedures for coordinating local, regional, state, and new text end
44.19
new text begin federal funding and services for the transit public;new text end
44.20
new text begin (6) identify stakeholders in providing services for the transit public, and seek input new text end
44.21
new text begin from them concerning barriers and appropriate strategies;new text end
44.22
new text begin (7) recommend guidelines for developing transportation coordination plans new text end
44.23
new text begin throughout the state;new text end
44.24
new text begin (8) encourage all state agencies participating in the council to purchase trips within new text end
44.25
new text begin the coordinated system;new text end
44.26
new text begin (9) facilitate the creation and operation of transportation brokerages to match new text end
44.27
new text begin riders to the appropriate service, promote shared dispatching, compile and disseminate new text end
44.28
new text begin information on transportation options, and promote regional communication;new text end
44.29
new text begin (10) encourage volunteer driver programs and recommend legislation to address new text end
44.30
new text begin liability and insurance issues;new text end
44.31
new text begin (11) recommend minimum performance standards for delivery of services;new text end
44.32
new text begin (12) identify methods to eliminate fraud and abuse in special transportation services;new text end
44.33
new text begin (13) develop a standard method for addressing liability insurance requirements for new text end
44.34
new text begin transportation services purchased, provided, or coordinated;new text end
44.35
new text begin (14) design and develop a contracting template for providing coordinated new text end
44.36
new text begin transportation services;new text end
45.1
new text begin (15) recommend an interagency uniform contracting and billing and accounting new text end
45.2
new text begin system for providing coordinated transportation services;new text end
45.3
new text begin (16) encourage the design and development of training programs for coordinated new text end
45.4
new text begin transportation services; new text end
45.5
new text begin (17) encourage the use of public school transportation vehicles for the transit public;new text end
45.6
new text begin (18) develop an allocation methodology that equitably distributes transportation new text end
45.7
new text begin funds to compensate units of government and all entities that provide coordinated new text end
45.8
new text begin transportation services;new text end
45.9
new text begin (19) identify policies and necessary legislation to facilitate vehicle sharing; andnew text end
45.10
new text begin (20) advocate aggressively for eliminating barriers to coordination, implementing new text end
45.11
new text begin coordination strategies, enacting necessary legislation, and appropriating resources to new text end
45.12
new text begin achieve the council's objectives.new text end
45.13
new text begin Subd. 3.new text end new text begin Coordination with legislative committees.new text end new text begin The council shall coordinate new text end
45.14
new text begin its meeting schedule and activities pursuant to its work plan, to the extent practicable, with new text end
45.15
new text begin legislative committees and divisions with jurisdiction over transportation budget and new text end
45.16
new text begin policy, or with appropriate subcommittees. The chairperson of the council shall act as new text end
45.17
new text begin a liaison with the chairs and ranking minority members of the legislative transportation new text end
45.18
new text begin committees, divisions, and appropriate subcommittees, in carrying out these duties.new text end
45.19
new text begin Subd. 4.new text end new text begin Membership.new text end new text begin (a) The council is composed of the following 13 members:new text end
45.20
new text begin (1) one representative from the Office of the Governor;new text end
45.21
new text begin (2) one representative from the Council on Disability;new text end
45.22
new text begin (3) one representative from the Minnesota Public Transit Association;new text end
45.23
new text begin (4) the commissioner of transportation or a designee;new text end
45.24
new text begin (5) the commissioner of human services or a designee;new text end
45.25
new text begin (6) the commissioner of health or a designee;new text end
45.26
new text begin (7) the chair of the Metropolitan Council or a designee;new text end
45.27
new text begin (8) the commissioner of education or a designee;new text end
45.28
new text begin (9) the commissioner of veterans affairs or a designee;new text end
45.29
new text begin (10) one representative from the Board on Aging;new text end
45.30
new text begin (11) the commissioner of employment and economic development or a designee;new text end
45.31
new text begin (12) the commissioner of commerce or a designee; andnew text end
45.32
new text begin (13) the commissioner of management and budget or a designee.new text end
45.33
new text begin (b) All appointments required by paragraph (a) must be completed by August new text end
45.34
new text begin 1, 2010.new text end
46.1
new text begin (c) The commissioner of transportation or a designee shall convene the first meeting new text end
46.2
new text begin of the council within two weeks after the members have been appointed to the council. new text end
46.3
new text begin The members shall elect a chairperson from their membership at the first meeting.new text end
46.4
new text begin (d) The Department of Transportation and the Department of Human Services shall new text end
46.5
new text begin provide necessary staff support for the council.new text end
46.6
new text begin Subd. 5.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
46.7
new text begin report its findings, recommendations, and activities to the governor's office and to the new text end
46.8
new text begin chairs and ranking minority members of the legislative committees with jurisdiction new text end
46.9
new text begin over transportation, health, and human services, and to the legislature as provided under new text end
46.10
new text begin section 3.195.new text end
46.11
new text begin Subd. 6.new text end new text begin Reimbursement.new text end new text begin Members of the council shall receive reimbursement new text end
46.12
new text begin of expenses from the commissioner of transportation as provided in section 15.059, new text end
46.13
new text begin subdivision 3.new text end
46.14
new text begin Subd. 7.new text end new text begin Transfer of appropriation.new text end new text begin The amount appropriated to the Metropolitan new text end
46.15
new text begin Council in Laws 2009, chapter 36, article 1, section 4, subdivision 2, for the administrative new text end
46.16
new text begin expenses of the Minnesota Council on Transportation Access, and for other costs relating new text end
46.17
new text begin to the preparation of required reports, including the costs of hiring a consultant, is new text end
46.18
new text begin transferred to the Department of Transportation for the same purposes.new text end
46.19
new text begin Subd. 8.new text end new text begin Expiration.new text end new text begin This section expires June 30, 2014.new text end
46.20 Sec. 52.
new text begin [174.75] COMPLETE STREETS.new text end
46.21
new text begin Subdivision 1.new text end new text begin Definition.new text end new text begin "Complete streets" is the planning, scoping, design, new text end
46.22
new text begin implementation, operation, and maintenance of roads in order to reasonably address the new text end
46.23
new text begin safety and accessibility needs of users of all ages and abilities. Complete streets considers new text end
46.24
new text begin the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial new text end
46.25
new text begin and emergency vehicles moving along and across roads, intersections, and crossings in a new text end
46.26
new text begin manner that is sensitive to the local context and recognizes that the needs vary in urban, new text end
46.27
new text begin suburban, and rural settings.new text end
46.28
new text begin Subd. 2.new text end new text begin Implementation.new text end new text begin The commissioner shall implement a complete streets new text end
46.29
new text begin policy after consultation with stakeholders, state and regional agencies, local governments, new text end
46.30
new text begin and road authorities. The commissioner, after such consultation, shall address relevant new text end
46.31
new text begin protocols, guidance, standards, requirements, and training, and shall integrate related new text end
46.32
new text begin principles of context-sensitive solutions.new text end
46.33
new text begin Subd. 3.new text end new text begin Report.new text end new text begin Beginning in 2011, the commissioner shall report on the new text end
46.34
new text begin implementation of the complete streets policy in the agency's biennial budget submission new text end
46.35
new text begin under section 174.02.new text end
47.1
new text begin Subd. 4.new text end new text begin Local road authorities.new text end new text begin Local road authorities are encouraged, but not new text end
47.2
new text begin required, to create and adopt complete streets policies for their roads that reflect local new text end
47.3
new text begin context and goals. Nothing in this section may be construed to prohibit a local road new text end
47.4
new text begin authority from adopting a complete streets policy that incorporates or exceeds statutory new text end
47.5
new text begin complete streets principles.new text end
47.6
new text begin Subd. 5.new text end new text begin Variances from engineering standards.new text end new text begin (a) When evaluating a request new text end
47.7
new text begin for a variance from the engineering standards for state-aid projects under chapter 162 in new text end
47.8
new text begin which the variance request is related to complete streets, the commissioner shall consider new text end
47.9
new text begin the latest edition of: new text end
47.10
new text begin (1) A Policy on Geometric Design of Highways and Streets, from the American new text end
47.11
new text begin Association of State Highway and Transportation Officials; andnew text end
47.12
new text begin (2) for projects in urban areas, the Context Sensitive Solutions in Designing Major new text end
47.13
new text begin Urban Thoroughfares for Walkable Communities, from the Institute of Transportation new text end
47.14
new text begin Engineers.new text end
47.15
new text begin (b) If the commissioner denies a variance request related to complete streets, the new text end
47.16
new text begin commissioner shall provide written reasons for the denial to the political subdivision new text end
47.17
new text begin that submitted the request.new text end
47.18 Sec. 53. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
47.19 Subd. 5.
Commuter Rail Corridor Coordinating Committee. (a) A Commuter
47.20Rail Corridor Coordinating Committee shall be
new text begin isnew text end established to advise the commissioner
47.21on issues relating to the alternatives analysis, environmental review, advanced corridor
47.22planning, preliminary engineering, final design, implementation method, construction of
47.23commuter rail, public involvement, land use, service, and safety. The Commuter Rail
47.24Corridor Coordinating Committee shall consist of:
47.25(1) one member representing each significant funding partner in whose jurisdiction
47.26the line or lines are located;
47.27(2) one member appointed by each county in which the corridors are located;
47.28(3) one member appointed by each city in which advanced corridor plans indicate
47.29that a station may be located;
47.30(4) two members appointed by the commissioner, one of whom shall be designated
47.31by the commissioner as the chair of the committee;
47.32(5) one member appointed by each metropolitan planning organization through
47.33which the commuter rail line may pass; and
47.34(6) one member appointed by the president of the University of Minnesota, if a
47.35designated corridor provides direct service to the university.
new text begin ; andnew text end
48.1
new text begin (7) two ex-officio members who are members of labor organizations operating new text end
48.2
new text begin in, and with authority for, trains or rail yards or stations junctioning with freight and new text end
48.3
new text begin commuter rail lines on corridors, with one member appointed by the speaker of the house new text end
48.4
new text begin and the other member appointed by the senate Rules and Administration Subcommittee new text end
48.5
new text begin on Committees.new text end
48.6(b) A joint powers board existing on April 1, 1999, consisting of local governments
48.7along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
48.8place of the committee.
48.9(c) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
48.10 Sec. 54. Minnesota Statutes 2008, section 219.01, is amended to read:
48.11
219.01 TRACK SAFETY STANDARDSnew text begin ; SAFETY TECHNOLOGY GRANTSnew text end .
48.12
new text begin (a) new text end The track safety standards of the United States Department of Transportation and
48.13Federal Railroad Administration apply to railroad trackage and are the standards for the
48.14determination of unsafe trackage within the state.
48.15
new text begin (b) The commissioner of transportation shall apply to the Federal Railroad new text end
48.16
new text begin Administration under Public Law 110-432, the Railroad Safety Enhancement Act of new text end
48.17
new text begin 2008 (the act), for (1) railroad safety technology grant funding available under section new text end
48.18
new text begin 105 of the act and (2) development and installation of rail safety technology, including new text end
48.19
new text begin provision for switch position indicator signals in nonsignalized main track territory, new text end
48.20
new text begin under section 406 of the act. The commissioner shall respond and make application to new text end
48.21
new text begin the Federal Railroad Administration notice of funds availability under the Rail Safety new text end
48.22
new text begin Assurance Act in a timely manner and before the date of the program deadline to assure new text end
48.23
new text begin full consideration of the application. The commissioner shall (i) prioritize grant requests new text end
48.24
new text begin for the installation of switch indicator signals on all segments of nonsignalized track new text end
48.25
new text begin where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in new text end
48.26
new text begin each year after 2010 until all nonsignalized track territory in the state has switch indicator new text end
48.27
new text begin signals installed and in operation.new text end
48.28
new text begin (c) Prior to applying for funds under paragraph (b), the commissioner shall solicit new text end
48.29
new text begin grant requests from all eligible railroads. The commissioner shall submit written notice to new text end
48.30
new text begin the chairs of the legislative committees with jurisdiction over transportation policy and new text end
48.31
new text begin finance of an acceptance by a class I or class II railroad of federal grant program funding new text end
48.32
new text begin for switch point indicator monitor systems.new text end
48.33
new text begin (d) Participating railroads shall provide the 20 percent nonfederal match. Railroads new text end
48.34
new text begin shall provide all technical documentation requested by the commissioner and required by new text end
48.35
new text begin the Federal Railroad Administration for the applications under paragraph (b). Railroads new text end
49.1
new text begin are responsible for developing, acquiring, and installing all rail safety technology obtained new text end
49.2
new text begin under this section in accordance with requirements established by the Federal Railroad new text end
49.3
new text begin Administration.new text end
49.4 Sec. 55. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
49.5to read:
49.6
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
49.7
new text begin employees" means a motor carrier engaged in the for-hire transportation of railroad new text end
49.8
new text begin employees of a class I or II common carrier, as defined in Code of Federal Regulations, new text end
49.9
new text begin title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with new text end
49.10
new text begin a common carrier, as defined in section 218.011, subdivision 10.new text end
49.11 Sec. 56. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
49.12 Subd. 38.
Small vehicle passenger service. (a) "Small vehicle passenger service"
49.13means a service provided by a person engaged in the for-hire transportation of passengers
49.14in a vehicle designed to transport seven or fewer persons, including the driver.
49.15(b) In the metropolitan area as defined in section
473.121, subdivision 2, "small
49.16vehicle passenger service" also includes for-hire transportation of persons who are certified
49.17by the Metropolitan Council to use special transportation service provided under section
49.18473.386
, in a vehicle designed to transport not more than 15 persons including the driver,
49.19that is equipped with a wheelchair lift and at least three wheelchair securement positions.
49.20
new text begin (c) Small vehicle passenger service does not include a motor carrier of railroad new text end
49.21
new text begin employees.new text end
49.22 Sec. 57.
new text begin [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.new text end
49.23
new text begin (a) A motor carrier of railroad employees must meet the requirements specified in new text end
49.24
new text begin this section, is subject to section 221.291, and is otherwise exempt from the provisions new text end
49.25
new text begin of this chapter.new text end
49.26
new text begin (b) A vehicle operator for a motor carrier of railroad employees who transports new text end
49.27
new text begin passengers must:new text end
49.28
new text begin (1) have a valid driver's license under chapter 171; andnew text end
49.29
new text begin (2) submit to a physical examination.new text end
49.30
new text begin (c) The carrier must implement a policy that provides for annual training and new text end
49.31
new text begin certification of the operator in:new text end
49.32
new text begin (1) safe operation of the vehicle transporting railroad employees;new text end
49.33
new text begin (2) knowing and understanding relevant laws, rules of the road, and safety policies;new text end
50.1
new text begin (3) handling emergency situations;new text end
50.2
new text begin (4) proper use of seat belts;new text end
50.3
new text begin (5) performance of pretrip and posttrip vehicle inspections, and inspection record new text end
50.4
new text begin keeping; andnew text end
50.5
new text begin (6) proper maintenance of required records.new text end
50.6
new text begin (d) The carrier must:new text end
50.7
new text begin (1) perform a background check or background investigation of the operator;new text end
50.8
new text begin (2) annually verify the operator's driver's license;new text end
50.9
new text begin (3) document meeting the requirements in this subdivision, and maintain the file new text end
50.10
new text begin at the carrier's business location;new text end
50.11
new text begin (4) maintain liability insurance in a minimum amount of $5,000,000 regardless new text end
50.12
new text begin of the seating capacity of the vehicle; andnew text end
50.13
new text begin (5) maintain uninsured and underinsured coverage in a minimum amount of new text end
50.14
new text begin $1,000,000.new text end
50.15
new text begin If a party contracts with the motor carrier on behalf of the railroad to transport the railroad new text end
50.16
new text begin employees, then the insurance requirements may be satisfied by either that party or the new text end
50.17
new text begin motor carrier, so long as the motor carrier is a named insured or additional insured under new text end
50.18
new text begin any policy.new text end
50.19
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
50.20
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
50.21
new text begin of the implied consent law, or who is convicted of or has their driver's license new text end
50.22
new text begin revoked under a similar statute or ordinance of another state, may not operate a vehicle new text end
50.23
new text begin under this subdivision for five years from the date of conviction. A person who sustains a new text end
50.24
new text begin conviction of a moving offense in violation of chapter 169 within three years of the first new text end
50.25
new text begin of three other moving offenses may not operate a vehicle under this subdivision for one new text end
50.26
new text begin year from the date of the last conviction. A person who has ever been convicted of a new text end
50.27
new text begin disqualifying offense as defined in section new text end
new text begin 171.3215, subdivision 1new text end new text begin , paragraph (c), may new text end
50.28
new text begin not operate a vehicle under this subdivision.new text end
50.29
new text begin (f) An operator who sustains a conviction as described in paragraph (e) while new text end
50.30
new text begin employed by the carrier shall report the conviction to the carrier within ten days of the new text end
50.31
new text begin date of the conviction.new text end
50.32
new text begin (g) A carrier must implement a mandatory alcohol and controlled substance testing new text end
50.33
new text begin program as provided under sections 181.950 to 181.957 that consists of preemployment new text end
50.34
new text begin testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty new text end
50.35
new text begin testing, and follow-up testing.new text end
51.1
new text begin (h) A motor carrier of railroad employees shall not allow or require a driver to drive new text end
51.2
new text begin or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours new text end
51.3
new text begin of combined on-duty time and drive time since last obtaining eight consecutive hours of new text end
51.4
new text begin off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive new text end
51.5
new text begin days. After 24 hours off duty, a driver begins a new seven consecutive day period and new text end
51.6
new text begin on-duty time is reset to zero.new text end
51.7
new text begin (i) An operator who encounters an emergency and cannot, because of that new text end
51.8
new text begin emergency, safely complete a transportation assignment within the ten-hour maximum new text end
51.9
new text begin driving time permitted under paragraph (h), may drive for not more than two additional new text end
51.10
new text begin hours in order to complete that transportation assignment or to reach a place offering new text end
51.11
new text begin safety for the occupants of the vehicle and security for the transport motor vehicle, if the new text end
51.12
new text begin transportation assignment reasonably could have been completed within the ten-hour new text end
51.13
new text begin period absent the emergency.new text end
51.14
new text begin (j) A carrier shall maintain and retain for a period of six months accurate time new text end
51.15
new text begin records that show the time the driver reports for duty each day; the total number of hours new text end
51.16
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
51.17
new text begin day; and the total number of hours driven each day.new text end
51.18
new text begin (k) For purposes of this subdivision, the following terms have the meanings given:new text end
51.19
new text begin (1) "conviction" has the meaning given in section 609.02; andnew text end
51.20
new text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a new text end
51.21
new text begin contract carrier or on any public property waiting to be dispatched. On-duty time includes new text end
51.22
new text begin time spent inspecting, servicing, or conditioning the vehicle.new text end
51.23
new text begin EFFECTIVE DATE.new text end new text begin Paragraph (d), clause (5), is effective July 1, 2011.new text end
51.24 Sec. 58. Minnesota Statutes 2009 Supplement, section 299D.03, subdivision 5, is
51.25amended to read:
51.26 Subd. 5.
Traffic fines and forfeited bail money. (a) All fines and forfeited bail
51.27money collected from persons apprehended or arrested by officers of the State Patrol
51.28shall be transmitted by the person or officer collecting the fines, forfeited bail money,
51.29or installments thereof, on or before the tenth day after the last day of the month in
51.30which these moneys were collected, to the commissioner of management and budget.
51.31Except where a different disposition is required in this subdivision or section
387.213, or
51.32otherwise provided by law, three-eighths of these receipts must be deposited in the state
51.33treasury and credited to the state general fund. The other five-eighths of these receipts
51.34must be deposited in the state treasury and credited as follows: (1) the first $600,000
new text begin new text end
51.35
new text begin $1,000,000new text end in each fiscal year must be credited to the Minnesota grade crossing safety
52.1account in the special revenue fund, and (2) remaining receipts must be credited to the state
52.2trunk highway fund. If, however, the violation occurs within a municipality and the city
52.3attorney prosecutes the offense, and a plea of not guilty is entered, one-third of the receipts
52.4shall be deposited in the state treasury and credited to the state general fund, one-third of
52.5the receipts shall be paid to the municipality prosecuting the offense, and one-third shall be
52.6deposited in the state treasury and credited to the Minnesota grade crossing safety account
52.7or the state trunk highway fund as provided in this paragraph. When section
387.213 also
52.8is applicable to the fine, section
387.213 shall be applied before this paragraph is applied.
52.9All costs of participation in a nationwide police communication system chargeable to the
52.10state of Minnesota shall be paid from appropriations for that purpose.
52.11(b) Notwithstanding any other provisions of law, All fines and forfeited bail money
52.12from violations of statutes governing the maximum weight of motor vehicles, collected
52.13from persons apprehended or arrested by employees of the state of Minnesota, by means
52.14of stationary or portable scales operated by these employees, shall be transmitted by the
52.15person or officer collecting the fines or forfeited bail money, on or before the tenth day
52.16after the last day of the month in which the collections were made, to the commissioner
52.17of management and budget. Five-eighths of these receipts shall be deposited in the state
52.18treasury and credited to the state highway user tax distribution fund. Three-eighths of
52.19these receipts shall be deposited in the state treasury and credited to the state general fund.
52.20 Sec. 59. Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read:
52.21 Subd. 3.
Municipality. "Municipality" does not include a county unless the county
52.22owns or controls an airport, in which case such county may exercise all the powers
52.23granted by said sections to other municipalities. It specifically includes a town,
new text begin an airport new text end
52.24
new text begin authority,new text end the Metropolitan Airports Commission established and operated pursuant to
52.25chapter 473, and the state of Minnesota.
52.26 Sec. 60.
new text begin [383D.75] NEW LOCATION FOR DEPUTY REGISTRAR.new text end
52.27
new text begin Notwithstanding section 168.33, and rules adopted by the commissioner of public new text end
52.28
new text begin safety, limiting sites for the office of deputy registrar based on either the distance to an new text end
52.29
new text begin existing deputy registrar office or the annual volume of transactions processed by any new text end
52.30
new text begin deputy registrar, the commissioner of public safety shall permit the deputy registrar of new text end
52.31
new text begin motor vehicles agent number 128 and driver's license agent number 726 for Dakota County new text end
52.32
new text begin to move from the existing deputy registrar location in Burnsville to the Dakota County new text end
52.33
new text begin Burnhaven Library in Burnsville, with full authority to function as a registration and new text end
52.34
new text begin motor vehicle tax collection and driver's license bureau, at the Dakota County Burnhaven new text end
53.1
new text begin Library. All other provisions regarding the appointment and operation of a deputy new text end
53.2
new text begin registrar of motor vehicles and driver's license agent under sections 168.33 and 171.061, new text end
53.3
new text begin and Minnesota Rules, chapter 7406, not inconsistent with this section, apply to the office.new text end
53.4
new text begin EFFECTIVE DATE; LOCAL APPROVAL.new text end new text begin This section is effective the day after new text end
53.5
new text begin the governing body of the county of Dakota and its chief clerical officer timely complete new text end
53.6
new text begin their compliance with section 645.021, subdivisions 2 and 3.new text end
53.7 Sec. 61. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:
53.8 Subd. 2a.
Hardshipnew text begin Loans fornew text end acquisition and relocation. (a) The council may
53.9make hardship loans to acquiring authorities within the metropolitan area to purchase
53.10homestead property located in a proposed state trunk highway right-of-way or project,
53.11and to provide relocation assistance. Acquiring authorities are authorized to accept the
53.12loans and to acquire the property. Except as provided in this subdivision, the loans shall
53.13be made as provided in subdivision 2. Loans shall be in the amount of the fair market
53.14value of the homestead property plus relocation costs and less salvage value. Before
53.15construction of the highway begins, the acquiring authority shall convey the property to
53.16the commissioner of transportation at the same price it paid, plus relocation costs and less
53.17its salvage value. Acquisition and assistance under this subdivision must conform to
53.18sections
117.50 to
117.56.
53.19(b) The council may make hardship loans only when:
53.20(1) the owner of affected homestead property requests acquisition and relocation
53.21assistance from an acquiring authority;
53.22(2) federal or state financial participation is not available;
53.23(3) the owner is unable to sell the homestead property at its appraised market
53.24value because the property is located in a proposed state trunk highway right-of-way or
53.25project as indicated on an official map or plat adopted under section
160.085,
394.361, or
53.26462.359
;
new text begin andnew text end
53.27(4) the council agrees to and approves the fair market value of the homestead
53.28property, which approval shall not be unreasonably withheld; and
new text begin .new text end
53.29(5) the owner of the homestead property is burdened by circumstances that constitute
53.30a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
53.31the owner's employer to a distant site of employment; or inability of the owner to maintain
53.32the property due to physical or mental disability or the permanent departure of children
53.33from the homestead.
53.34(c) For purposes of this subdivision, the following terms have the meanings given
53.35them.
54.1(1) "Acquiring authority" means counties, towns, and statutory and home rule
54.2charter cities in the metropolitan area.
54.3(2) "Homestead property" means
new text begin : (i)new text end a single-family dwelling occupied by the
54.4owner, and the surrounding land, not exceeding a total of ten acres
new text begin ; or (ii) a manufactured new text end
54.5
new text begin home, as defined in section 327B.01, subdivision 13new text end .
54.6(3) "Salvage value" means the probable sale price of the dwelling and other property
54.7that is severable from the land if offered for sale on the condition that it be removed from
54.8the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
54.9of the possible uses of the property, including separate use of serviceable components and
54.10scrap when there is no other reasonable prospect of sale.
54.11 Sec. 62. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:
54.12 Subd. 5.
Use of public roadways and appurtenances. The council may use for the
54.13purposes of sections
473.405 to
473.449 upon the conditions stated in this subdivision
54.14any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
54.15other appurtenance of a roadway, without payment of any compensation, provided the
54.16use does not interfere unreasonably with the public use or maintenance of the roadway or
54.17appurtenance or entail any substantial additional costs for maintenance. The provisions of
54.18this subdivision do not apply to the property of any common carrier railroad or common
54.19carrier railroads. The consent of the public agency in charge of such state highway or other
54.20public highway or roadway or appurtenance is not required; except that if the council seeks
54.21to use a designated parkway for regular route service in the city of Minneapolis, it must
54.22obtain permission from and is subject to reasonable limitations imposed by a joint board
54.23consisting of two representatives from the council, two members of the board of park
54.24commissioners, and a fifth member jointly selected by the representatives of the council
54.25and the park
new text begin other members of thenew text end board.
new text begin If the use is a designated Minneapolis parkway new text end
54.26
new text begin for regular route service adjacent to the city of Minneapolis, it must obtain permission new text end
54.27
new text begin from and is subject to reasonable limitations imposed by a joint board consisting of two new text end
54.28
new text begin representatives from the council, two members of the board of park commissioners, and a new text end
54.29
new text begin fifth member jointly selected by other members of the board. The joint board must include new text end
54.30
new text begin a nonvoting member appointed by the council of the city in which the parkway is located.new text end
54.31The board of park commissioners and the council may designate persons to sit on
54.32the joint board. In considering a request by the council to use designated parkways for
54.33additional routes or trips, the joint board consisting of the council or their designees,
54.34the board of park commissioners or their designees, and the fifth member, shall base its
54.35decision to grant or deny the request based on the criteria to be established by the joint
55.1board. The decision to grant or deny the request must be made within 45 days of the
55.2date of the request. The park board must be notified immediately by the council of any
55.3temporary route detours. If the park board objects to the temporary route detours within
55.4five days of being notified, the joint board must convene and decide whether to grant the
55.5request, otherwise the request is deemed granted. If the agency objects to the proposed
55.6use or claims reimbursement from the council for additional cost of maintenance, it may
55.7commence an action against the council in the district court of the county wherein the
55.8highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
55.9in the action must conform to the Rules of Civil Procedure applicable to the district courts.
55.10The court shall sit without jury. If the court determines that the use in question interferes
55.11unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
55.12enjoin the use by the council. If the court determines that the use in question does not
55.13interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
55.14but that it entails substantial additional maintenance costs, the court shall award judgment
55.15to the agency for the amount of the additional costs. Otherwise the court shall award
55.16judgment to the council. An aggrieved party may appeal from the judgment of the district
55.17court in the same manner as is provided for such appeals in other civil actions. The council
55.18may also use land within the right-of-way of any state highway or other public roadway
55.19for the erection of traffic control devices, other signs, and passenger shelters upon the
55.20conditions stated in this subdivision and subject only to the approval of the commissioner
55.21of transportation where required by statute, and subject to the express provisions of other
55.22applicable statutes and to federal requirements where necessary to qualify for federal aid.
55.23 Sec. 63. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
55.24 Subd. 1a.
Towed motor vehicles. A person who tows and stores a motor vehicle
55.25at the request of a law enforcement officer shall have a lien on the motor vehicle for the
55.26value of the storage and towing and the right to retain possession of the motor vehicle
55.27until the lien is lawfully discharged. This section does not apply to tows authorized
55.28in section
169.041, subdivision 4, clause (1)
new text begin of vehicles parked in violation of snow new text end
55.29
new text begin emergency regulationsnew text end .
55.30 Sec. 64. Laws 2008, chapter 287, article 1, section 122, is amended to read:
55.31 Sec. 122.
NULLIFICATION OF EXPEDITED TOWN ROAD
55.32
EXTINGUISHMENT.
55.33 (a) Any extinguishment of town interest in a town road under Minnesota Statutes,
55.34section
164.06, subdivision 2, is hereby nullified if:
56.1 (1) the interest was not recorded or filed with the county recorder but was recorded
56.2or filed with the county auditor prior to 1972;
56.3 (2) the state or a political subdivision has constructed
new text begin or fundednew text end a road or bridge
56.4improvement on a right-of-way affected by the interest;
56.5 (3) the affected road was the only means of access to a property;
56.6 (4) the extinguishment took place within the last ten years; and
56.7 (5) a person whose only access to property was lost because of the extinguishment
56.8files a petition of a nullification with the town board stating that the person's property
56.9became landlocked because of the extinguishment and that the road satisfies all of the
56.10requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
56.11recorded with the county auditor must be attached to the petition. The town shall file the
56.12petition with the county auditor and record it with the county recorder.
56.13 (b) Notwithstanding Minnesota Statutes, sections
164.08, subdivision 1, and
56.14541.023
, for any nullification under paragraph (a), the affected road is hereby deemed to
56.15be a cartway. No additional damages or other payments may be required other than those
56.16paid at the time the fee interest was originally acquired and the order filed with the county
56.17auditor. A cartway created by this paragraph may be converted to a private driveway
56.18under Minnesota Statutes, section
164.08, subdivision 2.
56.19 (c) For purposes of this section, "affected road" means the road in which the town
56.20board extinguished its interest.
56.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
56.22 Sec. 65. Laws 2008, chapter 350, article 1, section 5, the effective date, is amended to
56.23read:
56.24
EFFECTIVE DATE.Paragraph (b) and paragraph (c), clause (1), are effective the
56.25day following final enactment and apply to any additional tax for a registration period
56.26that starts on or after March 1, 2011
new text begin 2012new text end .
56.27 Sec. 66. Laws 2009, chapter 36, article 1, section 3, subdivision 3, is amended to read:
56.28
Subd. 3.State Roads
56.29
(a) Infrastructure Operations and Maintenance
251,643,000
245,892,000
56.30The base appropriation for fiscal years 2012
56.31and 2013 is $257,395,000 for each year.
56.32
(b) Infrastructure Investment and Planning
57.1
(1) Infrastructure Investment Support
201,461,000
196,935,000
57.2The base appropriation for fiscal years 2012
57.3and 2013 is $205,988,000 for each year.
57.4$266,000 the first year and $266,000 the
57.5second year are available for grants to
57.6metropolitan planning organizations outside
57.7the seven-county metropolitan area.
57.8$75,000 the first year and $75,000 the
57.9second year are for a transportation research
57.10contingent account to finance research
57.11projects that are reimbursable from the
57.12federal government or from other sources.
57.13If the appropriation for either year is
57.14insufficient, the appropriation for the other
57.15year is available for it.
57.16$600,000 the first year and $600,000
57.17the second year are available for grants
57.18for transportation studies outside the
57.19metropolitan area to identify critical
57.20concerns, problems, and issues. These
57.21grants are available (1) to regional
57.22development commissions; (2) in regions
57.23where no regional development commission
57.24is functioning, to joint powers boards
57.25established under agreement of two or
57.26more political subdivisions in the region to
57.27exercise the planning functions of a regional
57.28development commission; and (3) in regions
57.29where no regional development commission
57.30or joint powers board is functioning, to the
57.31department's district office for that region.
57.32
new text begin $200,000 the second year is for grants new text end
57.33
new text begin to nonprofit job training centers for: (1) new text end
57.34
new text begin job training programs related to highway new text end
58.1
new text begin construction; and (2) business training for new text end
58.2
new text begin companies that are certified disadvantaged new text end
58.3
new text begin business enterprises.new text end
58.4
(2) State Road Construction
551,300,000
598,700,000
58.5The base appropriation for fiscal years 2012
58.6and 2013 is $635,000,000 for each year.
58.7It is estimated that these appropriations will
58.8be funded as follows:
58.9
Appropriations by Fund
58.10
58.11
Federal Highway
Aid
301,100,000
388,500,000
58.12
Highway User Taxes
250,200,000
210,200,000
58.13The commissioner of transportation shall
58.14notify the chairs and ranking minority
58.15members of the senate and house of
58.16representatives committees with jurisdiction
58.17over transportation finance of any significant
58.18events that should cause these estimates to
58.19change.
58.20This appropriation is for the actual
58.21construction, reconstruction, and
58.22improvement of trunk highways, including
58.23design-build contracts and consultant usage
58.24to support these activities. This includes the
58.25cost of actual payment to landowners for
58.26lands acquired for highway rights-of-way,
58.27payment to lessees, interest subsidies, and
58.28relocation expenses.
58.29
new text begin The commissioner may spend up to $250,000 new text end
58.30
new text begin of trunk highway funds in fiscal year 2011 new text end
58.31
new text begin to pay the operating costs of bus service new text end
58.32
new text begin between Hastings and Minneapolis-St. Paul new text end
58.33
new text begin to mitigate the traffic impacts of the project new text end
58.34
new text begin involving construction of a bridge crossing new text end
59.1
new text begin the Mississippi River in the city of Hastings new text end
59.2
new text begin on marked Trunk Highway 61.new text end
59.3The commissioner shall expend up to
59.4one-half of one percent of the federal
59.5appropriations under this paragraph as grants
59.6to opportunity industrialization centers and
59.7other nonprofit job training centers for
59.8job training programs related to highway
59.9construction.
59.10The commissioner may transfer up to
59.11$15,000,000 each year to the transportation
59.12revolving loan fund.
59.13The commissioner may receive money
59.14covering other shares of the cost of
59.15partnership projects. These receipts are
59.16appropriated to the commissioner for these
59.17projects.
59.18
(3) Highway Debt Service
101,170,000
173,400,000
59.19$86,517,000 the first year and $157,304,000
59.20the second year are for transfer to the state
59.21bond fund. If this appropriation is insufficient
59.22to make all transfers required in the year for
59.23which it is made, the commissioner of finance
59.24shall notify the Committee on Finance of
59.25the senate and the Committee on Ways and
59.26Means of the house of representatives of
59.27the amount of the deficiency and shall then
59.28transfer that amount under the statutory open
59.29appropriation. Any excess appropriation
59.30cancels to the trunk highway fund.
59.31
(c) Electronic Communications
5,177,000
5,177,000
59.32
Appropriations by Fund
59.33
General
9,000
9,000
59.34
Trunk Highway
5,168,000
5,168,000
60.1The general fund appropriation is to equip
60.2and operate the Roosevelt signal tower for
60.3Lake of the Woods weather broadcasting.
60.4
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
60.5 Sec. 67.
new text begin ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR new text end
60.6
new text begin CITY OF FARMINGTON.new text end
60.7
new text begin Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the new text end
60.8
new text begin commissioner of public safety, limiting sites for the office of deputy registrar based new text end
60.9
new text begin on either the distance to an existing deputy registrar office or the annual volume of new text end
60.10
new text begin transactions processed by any deputy registrar, the commissioner of public safety shall new text end
60.11
new text begin appoint a municipal deputy registrar of motor vehicles for the city of Farmington to new text end
60.12
new text begin operate a new full-service Office of Deputy Registrar, with full authority to function new text end
60.13
new text begin as a registration and motor vehicle tax collection bureau, at the city hall in the city of new text end
60.14
new text begin Farmington. All other provisions regarding the appointment and operation of a deputy new text end
60.15
new text begin registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota new text end
60.16
new text begin Rules, chapter 7406, apply to the office.new text end
60.17
new text begin EFFECTIVE DATE; LOCAL APPROVAL.new text end new text begin This section is effective the day after new text end
60.18
new text begin the governing body of the city of Farmington and its chief clerical officer timely complete new text end
60.19
new text begin their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.new text end
60.20 Sec. 68.
new text begin ROUNDABOUTS DESIGN.new text end
60.21
new text begin (a) The commissioner of transportation shall, as part of the next regular update of new text end
60.22
new text begin appropriate design and highway construction manuals, develop specifications or standards new text end
60.23
new text begin on the design of roundabouts. The specifications or standards must include consideration new text end
60.24
new text begin of the suitability of roundabout designs for commercial motor vehicles, as defined in new text end
60.25
new text begin Minnesota Statutes, section 169.011, subdivision 16, and disabled persons as defined new text end
60.26
new text begin by Minnesota Statutes, section 256.481.new text end
60.27
new text begin (b) In developing the specifications or standards, the commissioner shall consult new text end
60.28
new text begin with:new text end
60.29
new text begin (1) the Minnesota Trucking Association;new text end
60.30
new text begin (2) representatives, as identified by the commissioner, of persons who regularly new text end
60.31
new text begin obtain oversize or overweight permits under Minnesota Statutes, chapter 169, and are new text end
60.32
new text begin reasonably likely to travel on routes that would include a roundabout; andnew text end
60.33
new text begin (3) the Council on Disability established under Minnesota Statutes, section 256.482.new text end
61.1
new text begin (c) The commissioner shall distribute the specifications or standards, or a similar new text end
61.2
new text begin advisory guidance document, to local road authorities.new text end
61.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
61.4 Sec. 69.
new text begin TIFIA PILOT PROGRAM.new text end
61.5
new text begin (a) The commissioner of transportation may conduct a pilot program to apply for new text end
61.6
new text begin and receive financial assistance under the Transportation Infrastructure Finance and new text end
61.7
new text begin Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other new text end
61.8
new text begin federal transportation loan, grant, or credit assistance programs. The assistance may new text end
61.9
new text begin include but is not limited to loans, loan guarantees, and lines of credit. The commissioner new text end
61.10
new text begin may enter into agreements to repay the financial assistance subject to the availability of new text end
61.11
new text begin state money or other dedicated revenue or resources, with the approval of Minnesota new text end
61.12
new text begin Management and Budget.new text end
61.13
new text begin (b) The pilot program under this section is available for one transportation project new text end
61.14
new text begin identified by the commissioner.new text end
61.15
new text begin (c) Upon completion of the transportation project under the pilot program, the new text end
61.16
new text begin commissioner shall submit a report on the pilot program to the chairs and ranking new text end
61.17
new text begin minority members of the house of representatives and senate committees having new text end
61.18
new text begin jurisdiction over transportation policy and finance. At a minimum, the report must: new text end
61.19
new text begin describe the transportation project undertaken and each financing mechanism utilized; new text end
61.20
new text begin analyze the effectiveness of each financing mechanism; evaluate the costs, risks, and new text end
61.21
new text begin benefits of additional participation in federal financial assistance programs; and provide new text end
61.22
new text begin any recommendations for related legislative changes. The report may be submitted new text end
61.23
new text begin electronically, and is subject to Minnesota Statutes, section 3.195, subdivision 1.new text end
61.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
61.25 Sec. 70.
new text begin NORTHSTAR COMMUTER RAIL INFILL STATIONS IN CITIES new text end
61.26
new text begin OF RAMSEY AND COON RAPIDS.new text end
61.27
new text begin The Metropolitan Council shall consider designating Northstar commuter rail new text end
61.28
new text begin stations at the city of Ramsey in the vicinity of the city of Ramsey Municipal Center and new text end
61.29
new text begin in the city of Coon Rapids at Foley Boulevard.new text end
61.30 Sec. 71.
new text begin REPORT ON FINANCING OF BRIDGE CONSTRUCTION.new text end
61.31
new text begin By January 15, 2011, the commissioner of transportation shall report to the chairs new text end
61.32
new text begin and ranking minority members of the legislative committees with jurisdiction over new text end
62.1
new text begin transportation policy and finance on the feasibility of utilizing any potential value capture new text end
62.2
new text begin options or potential public-private partnerships, which may include charging tolls, for new text end
62.3
new text begin construction of a new bridge over the St. Croix River at or near Stillwater. The report new text end
62.4
new text begin must be submitted electronically.new text end
62.5 Sec. 72.
new text begin COMPLETE STREETS REPORTS.new text end
62.6
new text begin The commissioner of transportation shall submit to the chairs and ranking minority new text end
62.7
new text begin members of the house of representatives and senate committees with jurisdiction over new text end
62.8
new text begin transportation policy and finance reports that:new text end
62.9
new text begin (1) by January 15, 2011, summarize the department's complete streets initiatives, new text end
62.10
new text begin summarize steps taken to expedite and improve the transparency of the state-aid variance new text end
62.11
new text begin process related to complete streets, outline plans to develop and implement a complete new text end
62.12
new text begin streets policy, and identify any statutory barriers to complete streets implementation;new text end
62.13
new text begin (2) by January 15, 2012, summarize the results of the collaboration under Minnesota new text end
62.14
new text begin Statutes, section 174.75, subdivision 3; identify modifications made to or recommended new text end
62.15
new text begin for protocols, guidance, standards, or other requirements to facilitate complete streets new text end
62.16
new text begin implementation; report status of development of complete streets performance indicators; new text end
62.17
new text begin outline other work planned related to the complete streets policy; and identify statutory new text end
62.18
new text begin recommendations to facilitate complete streets policy implementation; andnew text end
62.19
new text begin (3) by January 15, 2014, overview the department's implementation of complete new text end
62.20
new text begin streets policy; note updates to protocols, guidance, standards, or requirements; identify new text end
62.21
new text begin any recommendations for supporting local complete streets implementation under the new text end
62.22
new text begin state-aid standards variance process; and identify statutory recommendations to facilitate new text end
62.23
new text begin complete streets policy implementation.new text end
62.24
new text begin The reports in clauses (1), (2), and (3) must be made available electronically and new text end
62.25
new text begin made available in print only upon request.new text end
62.26 Sec. 73.
new text begin RULEMAKING EXCEPTION.new text end
62.27
new text begin The actions of the commissioner of public safety in establishing physical new text end
62.28
new text begin qualifications for type III vehicle drivers are not rulemaking for purposes of Minnesota new text end
62.29
new text begin Statutes, chapter 14, are not subject to the Administrative Procedure Act contained in new text end
62.30
new text begin Minnesota Statutes, chapter 14, and are not subject to Minnesota Statutes, section 14.386.new text end
62.31 Sec. 74.
new text begin REPEALER.new text end
62.32
new text begin Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4,new text end new text begin are repealed.new text end "
62.33Delete the title and insert:
63.1"A bill for an act
63.2relating to transportation; modifying or adding provisions relating to school
63.3bus transportation, transportation construction impacts on business, rest areas,
63.4highways, bridges, transportation contracts, variances from rules and engineering
63.5standards for local streets and highways, tax-exempt vehicles, license plates,
63.6deputy registrars, impounds, towing, quick clearance of highway obstructions,
63.7pedestrians, intersection gridlock, bus and type III vehicle operation, various
63.8traffic regulations, cargo tank vehicle weight exemptions, drivers' licenses,
63.9transportation department goals and mission, the Disadvantaged Business
63.10Enterprise Collaborative, transit, a Minnesota Council of Transportation Access,
63.11complete streets, a Commuter Rail Corridor Coordinating Committee, railroad
63.12track safety, motor carriers, allocation of traffic fines, airport authorities, property
63.13acquisition for highways, town road interest extinguishment nullification,
63.14Northstar commuter rail, roundabouts design, and a pilot program to obtain
63.15federal assistance for transportation projects; providing for bus service
63.16during Hastings bridge construction; requiring reports; making technical and
63.17clarifying changes; appropriating money;amending Minnesota Statutes 2008,
63.18sections 161.14, by adding subdivisions; 161.3426, subdivision 3, by adding a
63.19subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 165.14, subdivisions
63.204, 5; 168.002, by adding a subdivision; 168.12, subdivision 2a; 168.123,
63.21subdivisions 1, 2, by adding a subdivision; 168.1255, subdivision 1; 168.1293;
63.22168.33, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision 3; 169.041,
63.23subdivision 5, by adding a subdivision; 169.15; 169.26, by adding a subdivision;
63.24169.306; 169.79, subdivision 3; 169.87, by adding a subdivision; 171.321,
63.25subdivision 2; 174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.22, by
63.26adding a subdivision; 174.23, subdivisions 1, 2; 174.24, subdivisions 2, 3b,
63.27by adding a subdivision; 174.247; 174.86, subdivision 5; 219.01; 221.012,
63.28subdivision 38, by adding a subdivision; 360.061, subdivision 3; 473.167,
63.29subdivision 2a; 473.411, subdivision 5; 514.18, subdivision 1a; Minnesota
63.30Statutes 2009 Supplement, sections 123B.92, subdivision 1; 160.165; 161.14,
63.31subdivision 62; 168.012, subdivision 1; 168.12, subdivision 5; 169.71,
63.32subdivision 1; 171.02, subdivision 2b; 174.24, subdivisions 1a, 5; 299D.03,
63.33subdivision 5; Laws 2008, chapter 287, article 1, section 122; Laws 2008, chapter
63.34350, article 1, section 5; Laws 2009, chapter 36, article 1, section 3, subdivision
63.353; proposing coding for new law in Minnesota Statutes, chapters 160; 174; 221;
63.36383D; repealing Minnesota Statutes 2008, section 169.041, subdivisions 3, 4."
64.1
We request the adoption of this report and repassage of the bill.
64.2
Senate Conferees:
64.3
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.....
64.4
Steve Murphy
D. Scott Dibble
64.5
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64.6
Michael Jungbauer
Kathy Saltzman
64.7
.....
64.8
Katie Sieben
64.9
House Conferees:
64.10
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64.11
Frank Hornstein
Melissa Hortman
64.12
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64.13
Terry Morrow
Bernard Lieder
64.14
.....
64.15
Dean Urdahl
