1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 25401.2A bill for an act1.3relating 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, 20102.2The Honorable James P. Metzen2.3President of the Senate2.4The Honorable Margaret Anderson Kelliher2.5Speaker of the House of Representatives2.6We, 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), plus2.20    (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, plus2.24    (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; and3.9    (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, or an after school program 3.17for children operated by a political subdivision of the state,  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,3.19residence, or program  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; and3.26    (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; and4.21(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; and5.7    (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 13.5.13EFFECTIVE DATE.This section is effective the day following final enactment.5.14    Sec. 2. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:5.15160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS 5.16ON 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 or for a rail transit project;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; and5.24(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; the Metropolitan 5.27Council, for rail transit projects located entirely within the metropolitan area as defined in 5.28section 473.121, subdivision 2; and the commissioner, for all other rail transit projects.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    Subd. 3.Exception.This section does not apply to construction work in connection 6.8with the Central Corridor light rail transit line that will connect downtown Minneapolis 6.9and downtown St. Paul.6.10EFFECTIVE DATE.Subdivision 1 is effective July 1, 2012. Subdivision 3 is 6.11effective July 1, 2010.6.12    Sec. 3. [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.6.13    Subdivision 1.Prohibited activities.It is unlawful at rest areas to:6.14(1) dispose of travel-related trash and rubbish, except if depositing it in a designated 6.15receptacle;6.16(2) dump household or commercial trash and rubbish into containers or anywhere 6.17else on site; or6.18(3) drain or dump refuse or waste from any trailer, recreational vehicle, or other 6.19vehicle except where receptacles are provided and designated to receive the refuse or 6.20waste.6.21    Subd. 2.Penalty.Violation of this section is a petty misdemeanor.6.22EFFECTIVE DATE.This section is effective August 1, 2010, and applies to acts 6.23committed on or after that date.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 39 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    Subd. 64.Veterans Memorial Highway.Legislative Route No. 31, signed as 7.4Trunk Highway 200 as of the effective date of this section, from the border with North 7.5Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The 7.6commissioner shall adopt a suitable design to mark this highway and erect appropriate 7.7signs, subject to section 161.139.7.8    Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 7.9to read:7.10    Subd. 65.Becker County Veterans Memorial Highway.Marked Trunk Highway 7.1134, from its intersection with Washington Avenue in Detroit Lakes to its intersection with 7.12County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection 7.13with County State-Aid Highway 33 to its intersection with County State-Aid Highway 7.1439, is named and designated the "Becker County Veterans Memorial Highway." Subject 7.15to section 161.139, the commissioner shall adopt a suitable marking design to mark this 7.16highway and erect appropriate signs.7.17    Sec. 7. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 7.18to read:7.19    Subd. 66.Granite City Crossing.The bridge over the Mississippi River on marked 7.20Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner 7.21of transportation shall adopt a suitable design to mark this bridge and erect appropriate 7.22signs, subject to section 161.139.7.23    Sec. 8. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision 7.24to read:7.25    Subd. 67.Veterans Memorial Highway.Marked Trunk Highway 59 from the city 7.26of Karlstad to the border with Canada is designated as the "Veterans Memorial Highway." 7.27The commissioner shall adopt a suitable design to mark this highway and erect appropriate 7.28signs, subject to section 161.139.7.29    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. When the request for proposals specifies a maximum price, the stipend shall be 8.2awarded if the proposal is responsive in all other aspects but comes in above the maximum 8.3price. 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    Subd. 6.Reissue of request for proposals.If the commissioner rejects all bids 8.22or does not execute the contract, the commissioner may reissue the request for proposals 8.23and allow only short-listed teams to resubmit proposals. The commissioner shall then pay 8.24a reasonable stipulated fee to each short-listed, responsible proposer who provides a 8.25responsive but unsuccessful proposal in response to the reissued request for proposals. 8.26When the reissued request for proposals specifies a maximum price, the stipend shall 8.27be awarded if the proposal is responsive in all other aspects but comes in above the 8.28maximum price.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.(a) 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. The commissioner shall 9.1comply with section 174.75, subdivision 5, in evaluating a variance request related to a 9.2complete streets project.9.3(b) 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(c) 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. The commissioner shall comply with section 9.19174.75, subdivision 5, in evaluating a variance request related to a complete streets project.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) All bridge projects funded under this section in fiscal year 2012 or later must 10.16include bicycle and pedestrian accommodations if both sides of the bridge are located in a 10.17city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.10.18Bicycle and pedestrian accommodations would not be required if:10.19(1) a comprehensive assessment demonstrates that there is an absence of need for 10.20bicycle and pedestrian accommodations for the life of the bridge; or10.21(2) there is a reasonable alternative bicycle and pedestrian crossing within 10.22one-quarter mile of the bridge project.10.23All bicycle and pedestrian accommodations should enable a connection to any existing 10.24bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian 10.25facilities must meet or exceed federal accessibility requirements as outlined in Title II of 10.26the Americans with Disabilities Act, codified in United States Code, title 42, chapter 10.27126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United 10.28States Code, title 29, section 794.10.29(e) The commissioner shall establish criteria for determining the priority of bridge 10.30projects within each tier, and must include safety considerations as a criterion. 10.31EFFECTIVE DATE.This section is effective July 1, 2010.10.32    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 and comply with the accessibility requirements 11.7of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336; 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 of 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    Subd. 31a.Special plates.Unless otherwise specified, "special plates" or "special 11.21plate" means plates, or a single motorcycle plate, that are designed with wording or 11.22graphics that differ from a regular Minnesota passenger automobile plate or motorcycle 11.23plate.11.24EFFECTIVE DATE.This section is effective the day following final enactment.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; and12.8    (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) Provided the general appearance of the vehicle is unmistakable, the following 12.12vehicles are not required to register or display number plates:12.13(1) vehicles owned by the federal government, municipal;12.14(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by 12.15the state or a political subdivision;12.16(3) police patrols, owned or leased by the state or a political subdivision; and 12.17(4) ambulances, the general appearance of which is unmistakable, are not required to 12.18register or display number plates owned or leased by the state or a political subdivision.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; and14.29    (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(i) A personalized vertical motorcycle plate may be issued upon payment of an 15.31additional payment of $100. The vertical plate must have not more than four identification 15.32characters, cannot be a duplication of any current or reserved license plate, and must 15.33meet the requirements in paragraph (d).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:

16.13License PlateSingleDouble16.14Regular and Disability$4.50$6.0016.15Special$8.50$10.0016.16Personalized (Replacement)$10.00$14.0016.17Collector Category$13.50$15.0016.18Emergency Vehicle Display$3.00$6.0016.19Utility Trailer Self-Adhesive$2.5016.20Vertical Motorcycle Plate$100.00NA16.21Stickers16.22Duplicate year$1.00$1.0016.23International 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
         ; or17.1(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a), 17.2(f), (h), or (i), or (j), 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), or (j). 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; or18.4(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; or19.1(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; or19.4(4) the Armed Forces Expeditionary Medal, the special plates must bear an 19.5appropriate inscription that includes a facsimile of that medal.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(j) For a veteran who is the recipient of the Korean Defense Service Medal, 19.15the special plates must be inscribed with a facsimile of that medal and must bear the 19.16inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.19.17(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear 19.18the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official 19.19Bronze Star medal.19.20(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear 19.21the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official 19.22Silver Star medal.19.23    Sec. 21. Minnesota Statutes 2008, section 168.123, is amended by adding a subdivision 19.24to read:19.25    Subd. 2b.Eligibility; combat wounded plate.A member of the United States 19.26armed forces who is serving actively in the military and who is a recipient of the purple 19.27heart medal is also eligible for the license plate under subdivision 2, paragraph (e). The 19.28commissioner of public safety shall ensure that information regarding the required proof 19.29of eligibility for any applicant under this subdivision who has not yet been issued military 19.30discharge papers is distributed to the public officials responsible for administering this 19.31section. 19.32EFFECTIVE DATE.This section is effective August 1, 2010.19.33    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, recreational vehicle, one-ton 20.5pickup truck,  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. 20.15EFFECTIVE DATE.This section is effective August 1, 2010.20.16    Sec. 23. Minnesota Statutes 2008, section 168.1293, is amended to read:20.17168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION, 20.18DISCONTINUANCE.20.19    Subdivision 1. Definition. For purposes of this section and section 168.1297, the 20.20following terms have the meanings given them:20.21(1) "new special plate" or "proposed special plate" means a special plate authorized 20.22by sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, to have wording and 20.23graphics that differ from a Minnesota passenger vehicle plate. that is not authorized under 20.24this chapter and for which legislation authorizing the plate, including but not limited to a 20.25bill or amendment, is introduced or presented to the legislature; and20.26(2) "proximate special plate" means a special plate (i) authorized under section 20.27168.12, subdivisions 2b and 2e; 168.1235; or 168.129; or (ii) authorized in law on or 20.28after August 1, 2010.20.29    Subd. 1a.Establishment of plate.The commissioner may only establish a special 20.30plate as authorized under this chapter. This requirement does not apply to alternative 20.31or additional designs for a special plate.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 special21.1plate, or is a proponent of a new special plate, 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 special 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. This requirement does not 21.16apply if legislation or a bill introduced to the legislature proposing the new special plate 21.17contains a mechanism by which all costs incurred by the commissioner for development 21.18and implementation of the plate are covered, provided that the application fee subsequently 21.19does apply if such a mechanism is not enacted in the law authorizing the new special plate.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    Subd. 2a.Information for legislature.(a) Within 15 days of the introduction of a 21.28bill proposing a new special plate, the commissioner shall submit a briefing to the chairs 21.29and ranking minority members of the house of representatives and senate committees to 21.30which the bill was referred. At a minimum, the briefing must:21.31(1) summarize the requirements for a special plate under this section; and21.32(2) identify which of the requirements have been met for the proposed special plate.21.33(b) If a proposed special plate is a topic of discussion at a legislative committee 21.34hearing, the commissioner shall make every reasonable effort to provide testimony. The 21.35testimony must include the information required in the briefing under paragraph (a).22.1(c) Notwithstanding section 3.195, the commissioner may submit the briefing under 22.2paragraph (a) by submitting an electronic version rather than a printed version.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 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, if 22.15applicable, 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 proximate special plate authorized by sections 168.12, 22.18subdivisions 2b and 2e; 168.1235; and 168.129, 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 proximate22.23special plate authorized by sections 168.12, subdivisions 2b and 2e; 168.1235; 22.24and 168.129, 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(d) Upon commencing discontinuance of a proximate special plate under this 22.32subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and 22.33(2) shall allow retention of any existing plate for the regular period. For purposes of this 22.34paragraph, "regular period" may be, as appropriate, the period specified under section 22.35168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as 22.36otherwise provided by law.23.1    Subd. 6. Use of contributions. Contributions made as a condition of obtaining a23.2proximate special plate authorized by sections 168.12, subdivisions 2b and 2e; 168.1235; 23.3and 168.129, 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 or 317A24.6may 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; or25.16    (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; and25.20    (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, or 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; and25.30    (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, or 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,(a) 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; or26.16(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.26.18(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:26.19(1) the vehicle is parked in violation of snow emergency regulations;26.20(2) the vehicle is parked in a rush-hour restricted parking area;26.21(3) the vehicle is blocking a driveway, alley, or fire hydrant;26.22(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking 26.23is prohibited;26.24(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the 26.25stop sign;26.26(6) the vehicle is parked in a disability transfer zone or disability parking space 26.27without a disability parking certificate or disability license plates;26.28(7) the vehicle is parked in an area that has been posted for temporary restricted 26.29parking (A) at least 12 hours in advance in a home rule charter or statutory city having 26.30a population under 50,000, or (B) at least 24 hours in advance in another political 26.31subdivision;26.32(8) the vehicle is parked within the right-of-way of a controlled-access highway or 26.33within the traveled portion of a public street when travel is allowed there;26.34(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to 26.35use by fire, police, public safety, or emergency vehicles;27.1(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul 27.2International Airport owned by the Metropolitan Airports Commission;27.3(11) a law enforcement official has probable cause to believe that the vehicle is 27.4stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is 27.5reasonably necessary to obtain or preserve the evidence;27.6(12) the driver, operator, or person in physical control of the vehicle is taken into 27.7custody and the vehicle is impounded for safekeeping;27.8(13) a law enforcement official has probable cause to believe that the owner, 27.9operator, or person in physical control of the vehicle has failed to respond to five or more 27.10citations for parking or traffic offenses;27.11(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs 27.12to use by taxicabs;27.13(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked 27.14vehicle;27.15(16) the vehicle is parked, on a school day during prohibited hours, in a school zone 27.16on a public street where official signs prohibit parking; or27.17(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 27.18168B.011, and subject to immediate removal under chapter 168B.27.19    Sec. 28. Minnesota Statutes 2008, section 169.041, is amended by adding a subdivision 27.20to read:27.21    Subd. 5a.Quick clearance.(a) For purposes of this subdivision:27.22(1) "road" includes the roadway, a lane for vehicular traffic, shoulder, on-ramp, and 27.23off-ramp of a street or highway, including a parkway; and27.24(2) "obstructions" includes motor vehicles, debris, personal property, and cargo.27.25(b) Within the Department of Transportation's eight-county metropolitan district, 27.26the department and the State Patrol may move, remove, or cause to remove obstructions 27.27from a road if:27.28(1) there has been a traffic incident involving a collision, accident, or spilled load;27.29(2) the obstructions block a road or aggravate an emergency on a road; and27.30(3) the department cooperates with the State Patrol and private towing or recovery 27.31companies authorized by the State Patrol concerning towing of the vehicle and removal of 27.32other obstructions.27.33(c) The State Patrol shall make a reasonable effort to contact the owner of the motor 27.34vehicle or other obstructions before undertaking an action under this subdivision.28.1(d) The department shall make a reasonable effort to allow the owner of the motor 28.2vehicle to arrange for its removal, taking into account any time delay and safety issues, 28.3and shall give due consideration to having the vehicle towed by a licensed towing service 28.4capable of safely moving the vehicle.28.5(e) Towing charges accrued by the owner or owners of the vehicle must be 28.6reasonable for the type of vehicle removed and the circumstances surrounding its removal.28.7    Sec. 29. Minnesota Statutes 2008, section 169.15, is amended to read:28.8169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.28.9    Subdivision 1.Impeding traffic; drive at slow speed. 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    Subd. 2.Intersection gridlock; stop or block traffic.(a) Except as provided 28.15in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a 28.16traffic-control signal until the driver is able to move the vehicle immediately, continuously, 28.17and completely through the intersection without impeding or blocking the subsequent 28.18movement of cross traffic.28.19(b) Paragraph (a) does not apply to movement of a vehicle made: 28.20(1) at the direction of a city-authorized traffic-control agent or a peace officer;28.21(2) to facilitate passage of an authorized emergency vehicle with its emergency 28.22lights activated; or28.23(3) to make a turn, as permitted under section 169.19, that allows the vehicle to 28.24safely leave the intersection.28.25(c) A violation of this subdivision does not constitute grounds for suspension or 28.26revocation of the violator's driver's license.28.27EFFECTIVE DATE.This section is effective January 1, 2011, and applies to acts 28.28committed on or after that date.28.29    Sec. 30. Minnesota Statutes 2008, section 169.26, is amended by adding a subdivision 28.30to read:28.31    Subd. 4.Pedestrians; penalty.(a) A pedestrian shall not pass through, around, 28.32over, or under any crossing gate or barrier at a railroad grade crossing while the gate or 28.33barrier is closed or is being opened or closed.29.1    (b) A pedestrian shall not enter, remain upon, or traverse over a railroad track, grade 29.2crossing, or pedestrian walkway crossing a railroad track when an audible bell or clearly 29.3visible electric or mechanical signal device is operational and warning of the presence, 29.4approach, passage, or departure of a railroad train.29.5    (c) A person who violates this subdivision is subject to a fine of up to $100.29.6    Sec. 31. Minnesota Statutes 2008, section 169.306, is amended to read:29.7169.306 USE OF SHOULDERS BY BUSES. 29.8(a) The commissioner of transportation may is authorized to permit the use by transit 29.9buses and Metro Mobility buses of a shoulder, as designated by the commissioner, of a 29.10freeway or expressway, as defined in section 
         160.02, in the seven-county metropolitan 29.11area in Minnesota.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 (1) 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 or 29.16(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or 29.17Metro Mobility services, and operated by or under contract with the Metropolitan Council, 29.18a local transit authority, or a transit authority created by the legislature. Drivers of these 29.19buses must have adequate training in the requirements of paragraph (c), as determined by 29.20the commissioner.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 or under contract with a 29.32public or private entity receiving financial assistance to provide transit services from the 29.33Metropolitan Council or the commissioner of transportation; and29.34(2) authorized by the council commissioner 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(iii) driver feedback and safety-monitoring equipment when mounted immediately 30.10behind, slightly above, or slightly below the rearview mirror;30.11(iii) (iv) global positioning systems or navigation systems when mounted or located 30.12near the bottommost portion of the windshield; and30.13(iv) (v) electronic toll collection devices; or30.14(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 or vertically, for a motorcycle issued vertical license 30.25plates under section 168.12, subdivision 2a, 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 3, 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. 31.8EFFECTIVE DATE.This section is effective retroactively from July 1, 2008.31.9    Sec. 35. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision 31.10to read:31.11    Subd. 7.Cargo tank vehicles.(a) Weight restrictions imposed by the commissioner 31.12under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent 31.13axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted 31.14roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.31.15(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle 31.16used for propane must have an operating gauge on the cargo tank that shows the amount of 31.17propane as a percent of capacity of the cargo tank. Documentation of the capacity of the 31.18cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of 31.19this subdivision, propane weighs 4.2 pounds per gallon.31.20(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle 31.21used for dyed fuel oil must utilize the forward two tank compartments and must carry 31.22documentation of the empty weight of the cargo tank vehicle from a certified scale in the 31.23cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds 31.24per gallon.31.25(d) To the extent practicable, cargo tank vehicles that are exempt from weight 31.26restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted 31.27roads by 12:00 p.m. and before the last week of April.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; and32.24    (iv) placing the type III vehicle in "park" during loading and unloading; and32.25    (v) escorting a pupil across the road under clause (iii) only after the motor is 32.26stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise 32.27rendered immobile; and32.28    (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. Notwithstanding any law to the 33.4contrary, the operator's employer may use a breathalyzer or similar device to fulfill 33.5random alcohol testing requirements.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 type III vehicle as required under section 171.321, 33.8subdivision 5.33.9    (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).33.36EFFECTIVE DATE.This section is effective July 1, 2010.34.1    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 (1) the physical qualifications of school bus drivers and tests required to obtain 34.4a school bus endorsement, and (2) the physical qualifications of type III vehicle drivers. 34.5    (b) The rules under paragraph (a) 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) (c) 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    (d) The commissioner may exempt a type III vehicle driver from the physical 34.23qualifications required to operate a type III vehicle upon receiving evidence of the 34.24driver having been medically examined and certified within the preceding 24 months as 34.25physically qualified to operate a commercial motor vehicle as provided for applicants for a 34.26school bus endorsement under paragraph (b).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 balancedan integrated 34.29transportation system, includingof aeronautics, highways, motor carriers, ports, public 34.30transit, railroads, and pipelines, and including facilities for walking and bicycling, 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 transportationminimize fatalities and injuries for transportation 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 nofacilities and services to increase access for all persons and 35.8businesses and to ensure economic well-being and quality of life without undue burden 35.9placed on any community; 35.10    (3) to provide a reasonable travel time for commuters; 35.11    (4) to enhance economic development and 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 and to enhance the appeal, through transportation 35.15investments, of tourist destinations across the state; 35.16    (6) to provide transit services throughoutto all counties in the state to meet the 35.17needs of transit users; 35.18    (7) to promote productivityaccountability through systemsystematic management 35.19of system performance and productivity through 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 for and prioritize funding forof transportation investments that, at a 35.24minimum, preserves the transportation infrastructure ensures that the state's transportation 35.25infrastructure is maintained in a state of good repair; 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 of transit as a percentage of all trips 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 and walking as a percentage of all trips as an35.36energy-efficient, nonpolluting, and healthful formhealthy forms 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, water quality, and the climate, including 36.11reduction in greenhouse gas emissions; 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. [174.186] DISADVANTAGED BUSINESS ENTERPRISE 36.25COLLABORATIVE.36.26    Subdivision 1.Establishment; purpose.(a) The commissioner of transportation 36.27shall convene regular meetings of the disadvantaged business enterprise program and 36.28workforce inclusion collaborative, as constituted by the commissioner as of January 36.291, 2010.36.30(b) The collaborative shall review and evaluate the commissioner's implementation 36.31of the disadvantaged business enterprise program, under Code of Federal Regulations, title 36.3249, and recommend changes, including possible legislation, to improve the effectiveness 36.33of the program in this state. At a minimum, the collaborative shall review, evaluate, and 36.34recommend program changes where necessary in the following areas:37.1(1) an on-the-job training program to increase the diversity of the workforce on 37.2projects;37.3(2) on-the-job trainee tracking and retention;37.4(3) a mentor and protégé program for small, disadvantaged business entrepreneurs;37.5(4) requirements for participation of disadvantaged business enterprises at the time 37.6of letting bids for contracts;37.7(5) a coordinated access point to recruit disadvantaged business enterprises and a 37.8diverse workforce;37.9(6) objective measures for good-faith efforts to recruit disadvantaged business 37.10enterprises;37.11(7) a working capital fund for small disadvantaged business enterprises;37.12(8) increased transparency for results in the on-the-job training and disadvantaged 37.13business enterprise programs;37.14(9) civil rights program training;37.15(10) a targeted group business program for state-funded projects; and37.16(11) coding systems and dual goals for women and people of color.37.17(c) The commissioner shall provide staff and administrative support for the 37.18collaborative and shall establish policies and procedures for the collaborative, including 37.19quorum requirements and majority decision making.37.20(d) The representatives of the Department of Transportation with responsibility for 37.21civil rights and contracting shall participate in collaborative meetings and deliberations.37.22(e) Members of the collaborative do not receive compensation or reimbursement of 37.23expenses.37.24    Subd. 2.Powers and duties; report.(a) The collaborative shall develop 37.25recommendations to the commissioner and to the legislature as provided in paragraph (b) 37.26designed to implement fully the federal Disadvantaged Business Enterprise program in 37.27this state and to improve the effectiveness of the program. These recommendations, 37.28including any draft legislation if the collaborative decides to recommend legislation, may 37.29include, but are not limited to, strategies, policies, and actions focused on:37.30(1) requiring bid proposals to include information on disadvantaged business 37.31enterprise participation;37.32(2) defining and implementing appropriate accountability measures when 37.33disadvantaged business enterprise contract goals are not met in accordance with Code 37.34of Federal Regulations, title 49;37.35(3) sponsoring disadvantaged business enterprise training and development 37.36workshops; and38.1(4) strengthening the content and frequency of department reporting requirements 38.2relating to the disadvantaged business enterprise program.38.3(b) The collaborative shall report its findings and legislative recommendations, 38.4including draft legislation if the collaborative decides to recommend legislation, to the 38.5chairs and ranking minority members of the legislative committees and divisions with 38.6jurisdiction over transportation policy and finance by February 1, 2011. The report must 38.7be made available electronically and available in print upon request.38.8EFFECTIVE DATE.This section is effective the day following final enactment.38.9    Sec. 42. Minnesota Statutes 2008, section 174.22, is amended by adding a subdivision 38.10to read:38.11    Subd. 14a.State sources of funds."State sources of funds" means funding for the 38.12public transit participation program appropriated from (1) the general fund, and (2) the 38.13greater Minnesota transit account.38.14    Sec. 43. Minnesota Statutes 2008, section 174.23, subdivision 1, is amended to read:38.15    Subdivision 1. General.(a) 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,;38.20(2) accept and disburse federal funds available for the purposes of sections 
         174.21 to 38.21174.27
         , and such funds are appropriated to the commissioner; and38.22(3) act upon request as the designated agent of any eligible person for the receipt and 38.23disbursal of federal funds.38.24(b) 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 assistance; application, approval.(a) The commissioner 39.3shall seek out and select eligible recipients of financial assistance under sections 
         174.2139.4to 
         174.27.39.5(b) 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(c) Before the commissioner approves any grant, the application for the grant shall39.12may 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 implementation Greater Minnesota transit 39.22investment plan.(a) The commissioner shall develop a  greater Minnesota transit service 39.23needs implementation investment plan that contains a goal of meeting at least 80 percent 39.24of unmet total transit service needs in greater Minnesota by July 1, 2015, and meeting at 39.25least 90 percent of unmet total transit service needs in greater Minnesota by July 1, 2025.39.26(b) The plan must include, but is not limited to, the following:39.27(1) an analysis of ridership and total transit service needs throughout greater 39.28Minnesota;39.29(2) a calculation of unmet needs; an assessment of the level and type of service 39.30required to meet unmet total transit service needs, for the transit system classifications 39.31as provided under subdivision 3b, paragraph (c), of urbanized area, small urban area, 39.32rural area, and elderly and disabled service;39.33(3) an analysis of costs and revenue options; and,39.34(4) a plan to reduce unmet total transit service needs as specified in this subdivision; 39.35and40.1(5) identification of the operating and capital costs necessary to meet 100 percent of 40.2the greater Minnesota transit targeted and projected bus service hours, as identified in the 40.3greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030.40.4(c) 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. Except as provided in subdivision 2b for assistance provided from 40.16federal funds, 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    Subd. 2b.Federal aid.(a) The commissioner may accept and disburse federal funds 40.20received and appropriated under section 174.23, subdivision 1, as an additional source of 40.21funds for implementing the public transit participation program established in this section. 40.22This authority includes, but is not limited to:40.23(1) adopting administrative rules to establish financial assistance allocation priorities, 40.24identify factors to consider in reviewing an applicant's management plan, evaluate a 40.25request for financial assistance, and determine the amount of financial assistance to be 40.26provided; and40.27(2) establishing project selection criteria under the United States Code, title 49, 40.28section 5311, state management plan as approved by the Federal Transit Administration, 40.29United States Department of Transportation.40.30(b) If the commissioner accepts and disburses federal funds as provided in paragraph 40.31(a), the commissioner shall:40.32(1) maintain separate accounts for (i) state sources of funds, and (ii) federal sources 40.33of funding; and41.1(2) ensure that all state sources of funds are only used for assistance to eligible 41.2recipients as provided in subdivision 2.41.3    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(c) The commissioner shall distribute funds under this section so that the percentage 41.18of total contracted 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 this subdivision. The percentages must be:41.21(1) for urbanized area service and small urban area service, 20 percent;41.22(2) for rural area service, 15 percent; and41.23(3) for elderly and disabled service, 15 percent. 41.24Except as provided in a United States Department of Transportation program allowing 41.25or requiring a lower percentage to be paid from local sources, the remainder of the 41.26recipient's total contracted operating cost will be paid from state sources of funds less any 41.27assistance received by the recipient from any federal source the United States Department 41.28of Transportation.41.29(d) 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) (e) 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 from state sources of funds 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; 42.22and42.23    (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; and42.27    (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:42.29174.247 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
         :43.9(i) the operating and capital costs;43.10(ii) each of the funding sources used to provide financial assistance; and43.11(iii) for federal funds, the amount from each specific federal program under which 43.12funding is provided;43.13    (6) a summary of the differences in program implementation requirements and aid 43.14recipient eligibility between federal aid and state sources of funds;43.15(7) in each odd-numbered year, an analysis of public transit system needs and 43.16operating expenditures on an annual basis, which must include a methodology for 43.17identifying monetary needs, and calculations of:43.18(i) the total monetary needs for all public transit systems, for the year of the report 43.19and the ensuing five years;43.20(ii) the total expenditures from local sources for each transit system classification;43.21(iii) the comprehensive transit assistance percentage for each transit system 43.22classification, which equals (A) the expenditures identified under clause (7), item (ii), for 43.23a transit system classification, divided by (B) the amounts identified under subitem (A), 43.24plus the sum of state sources of funds plus federal funds provided to all transit systems 43.25in that classification; and43.26(iv) in each odd-numbered year, beginning in 2009, a calculation of the amounts the 43.27amount 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 greater Minnesota transit 43.30investment plan under section 
         174.24, subdivision 1a.43.31    Sec. 51. [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.43.32    Subdivision 1.Council established.A Minnesota Council on Transportation 43.33Access is established to study, evaluate, oversee, and make recommendations to improve 43.34the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of 43.35transportation services provided to the transit public. "Transit public" means those persons 44.1who utilize public transit and those who, because of mental or physical disability, income 44.2status, or age are unable to transport themselves and are dependent upon others for 44.3transportation services.44.4    Subd. 2.Duties of council.In order to accomplish the purposes in subdivision 44.51, the council, following consultation with the legislative committees or divisions 44.6with jurisdiction over transportation policy and budget, or with appropriate legislative 44.7transportation subcommittees, shall adopt a biennial work plan that must incorporate 44.8the following activities:44.9(1) compile information on existing transportation alternatives for the transit public, 44.10and serve as a clearinghouse for information on services, funding sources, innovations, 44.11and coordination efforts;44.12(2) identify best practices and strategies that have been successful in Minnesota and 44.13in other states for coordination of local, regional, state, and federal funding and services;44.14(3) recommend statewide objectives for providing public transportation services 44.15for the transit public;44.16(4) identify barriers prohibiting coordination and accessibility of public 44.17transportation services and aggressively pursue the elimination of those barriers;44.18(5) recommend policies and procedures for coordinating local, regional, state, and 44.19federal funding and services for the transit public;44.20(6) identify stakeholders in providing services for the transit public, and seek input 44.21from them concerning barriers and appropriate strategies;44.22(7) recommend guidelines for developing transportation coordination plans 44.23throughout the state;44.24(8) encourage all state agencies participating in the council to purchase trips within 44.25the coordinated system;44.26(9) facilitate the creation and operation of transportation brokerages to match 44.27riders to the appropriate service, promote shared dispatching, compile and disseminate 44.28information on transportation options, and promote regional communication;44.29(10) encourage volunteer driver programs and recommend legislation to address 44.30liability and insurance issues;44.31(11) recommend minimum performance standards for delivery of services;44.32(12) identify methods to eliminate fraud and abuse in special transportation services;44.33(13) develop a standard method for addressing liability insurance requirements for 44.34transportation services purchased, provided, or coordinated;44.35(14) design and develop a contracting template for providing coordinated 44.36transportation services;45.1(15) recommend an interagency uniform contracting and billing and accounting 45.2system for providing coordinated transportation services;45.3(16) encourage the design and development of training programs for coordinated 45.4transportation services; 45.5(17) encourage the use of public school transportation vehicles for the transit public;45.6(18) develop an allocation methodology that equitably distributes transportation 45.7funds to compensate units of government and all entities that provide coordinated 45.8transportation services;45.9(19) identify policies and necessary legislation to facilitate vehicle sharing; and45.10(20) advocate aggressively for eliminating barriers to coordination, implementing 45.11coordination strategies, enacting necessary legislation, and appropriating resources to 45.12achieve the council's objectives.45.13    Subd. 3.Coordination with legislative committees.The council shall coordinate 45.14its meeting schedule and activities pursuant to its work plan, to the extent practicable, with 45.15legislative committees and divisions with jurisdiction over transportation budget and 45.16policy, or with appropriate subcommittees. The chairperson of the council shall act as 45.17a liaison with the chairs and ranking minority members of the legislative transportation 45.18committees, divisions, and appropriate subcommittees, in carrying out these duties.45.19    Subd. 4.Membership.(a) The council is composed of the following 13 members:45.20(1) one representative from the Office of the Governor;45.21(2) one representative from the Council on Disability;45.22(3) one representative from the Minnesota Public Transit Association;45.23(4) the commissioner of transportation or a designee;45.24(5) the commissioner of human services or a designee;45.25(6) the commissioner of health or a designee;45.26(7) the chair of the Metropolitan Council or a designee;45.27(8) the commissioner of education or a designee;45.28(9) the commissioner of veterans affairs or a designee;45.29(10) one representative from the Board on Aging;45.30(11) the commissioner of employment and economic development or a designee;45.31(12) the commissioner of commerce or a designee; and45.32(13) the commissioner of management and budget or a designee.45.33(b) All appointments required by paragraph (a) must be completed by August 45.341, 2010.46.1(c) The commissioner of transportation or a designee shall convene the first meeting 46.2of the council within two weeks after the members have been appointed to the council. 46.3The members shall elect a chairperson from their membership at the first meeting.46.4(d) The Department of Transportation and the Department of Human Services shall 46.5provide necessary staff support for the council.46.6    Subd. 5.Report.By January 15 of each year, beginning in 2012, the council shall 46.7report its findings, recommendations, and activities to the governor's office and to the 46.8chairs and ranking minority members of the legislative committees with jurisdiction 46.9over transportation, health, and human services, and to the legislature as provided under 46.10section 3.195.46.11    Subd. 6.Reimbursement.Members of the council shall receive reimbursement 46.12of expenses from the commissioner of transportation as provided in section 15.059, 46.13subdivision 3.46.14    Subd. 7.Transfer of appropriation.The amount appropriated to the Metropolitan 46.15Council in Laws 2009, chapter 36, article 1, section 4, subdivision 2, for the administrative 46.16expenses of the Minnesota Council on Transportation Access, and for other costs relating 46.17to the preparation of required reports, including the costs of hiring a consultant, is 46.18transferred to the Department of Transportation for the same purposes.46.19    Subd. 8.Expiration.This section expires June 30, 2014.46.20    Sec. 52. [174.75] COMPLETE STREETS.46.21    Subdivision 1.Definition."Complete streets" is the planning, scoping, design, 46.22implementation, operation, and maintenance of roads in order to reasonably address the 46.23safety and accessibility needs of users of all ages and abilities. Complete streets considers 46.24the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial 46.25and emergency vehicles moving along and across roads, intersections, and crossings in a 46.26manner that is sensitive to the local context and recognizes that the needs vary in urban, 46.27suburban, and rural settings.46.28    Subd. 2.Implementation.The commissioner shall implement a complete streets 46.29policy after consultation with stakeholders, state and regional agencies, local governments, 46.30and road authorities. The commissioner, after such consultation, shall address relevant 46.31protocols, guidance, standards, requirements, and training, and shall integrate related 46.32principles of context-sensitive solutions.46.33    Subd. 3.Report.Beginning in 2011, the commissioner shall report on the 46.34implementation of the complete streets policy in the agency's biennial budget submission 46.35under section 174.02.47.1    Subd. 4.Local road authorities.Local road authorities are encouraged, but not 47.2required, to create and adopt complete streets policies for their roads that reflect local 47.3context and goals. Nothing in this section may be construed to prohibit a local road 47.4authority from adopting a complete streets policy that incorporates or exceeds statutory 47.5complete streets principles.47.6    Subd. 5.Variances from engineering standards.(a) When evaluating a request 47.7for a variance from the engineering standards for state-aid projects under chapter 162 in 47.8which the variance request is related to complete streets, the commissioner shall consider 47.9the latest edition of: 47.10(1) A Policy on Geometric Design of Highways and Streets, from the American 47.11Association of State Highway and Transportation Officials; and47.12(2) for projects in urban areas, the Context Sensitive Solutions in Designing Major 47.13Urban Thoroughfares for Walkable Communities, from the Institute of Transportation 47.14Engineers.47.15(b) If the commissioner denies a variance request related to complete streets, the 47.16commissioner shall provide written reasons for the denial to the political subdivision 47.17that submitted the request.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 is 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; and47.34(6) one member appointed by the president of the University of Minnesota, if a 47.35designated corridor provides direct service to the university.; and48.1(7) two ex-officio members who are members of labor organizations operating 48.2in, and with authority for, trains or rail yards or stations junctioning with freight and 48.3commuter rail lines on corridors, with one member appointed by the speaker of the house 48.4and the other member appointed by the senate Rules and Administration Subcommittee 48.5on Committees.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:48.11219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.48.12(a) 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(b) The commissioner of transportation shall apply to the Federal Railroad 48.16Administration under Public Law 110-432, the Railroad Safety Enhancement Act of 48.172008 (the act), for (1) railroad safety technology grant funding available under section 48.18105 of the act and (2) development and installation of rail safety technology, including 48.19provision for switch position indicator signals in nonsignalized main track territory, 48.20under section 406 of the act. The commissioner shall respond and make application to 48.21the Federal Railroad Administration notice of funds availability under the Rail Safety 48.22Assurance Act in a timely manner and before the date of the program deadline to assure 48.23full consideration of the application. The commissioner shall (i) prioritize grant requests 48.24for the installation of switch indicator signals on all segments of nonsignalized track 48.25where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in 48.26each year after 2010 until all nonsignalized track territory in the state has switch indicator 48.27signals installed and in operation.48.28(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit 48.29grant requests from all eligible railroads. The commissioner shall submit written notice to 48.30the chairs of the legislative committees with jurisdiction over transportation policy and 48.31finance of an acceptance by a class I or class II railroad of federal grant program funding 48.32for switch point indicator monitor systems.48.33(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads 48.34shall provide all technical documentation requested by the commissioner and required by 48.35the Federal Railroad Administration for the applications under paragraph (b). Railroads 49.1are responsible for developing, acquiring, and installing all rail safety technology obtained 49.2under this section in accordance with requirements established by the Federal Railroad 49.3Administration.49.4    Sec. 55. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision 49.5to read:49.6    Subd. 27a.Motor carrier of railroad employees."Motor carrier of railroad 49.7employees" means a motor carrier engaged in the for-hire transportation of railroad 49.8employees of a class I or II common carrier, as defined in Code of Federal Regulations, 49.9title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with 49.10a common carrier, as defined in section 218.011, subdivision 10.49.11    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(c) Small vehicle passenger service does not include a motor carrier of railroad 49.21employees.49.22    Sec. 57. [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.49.23(a) A motor carrier of railroad employees must meet the requirements specified in 49.24this section, is subject to section 221.291, and is otherwise exempt from the provisions 49.25of this chapter.49.26(b) A vehicle operator for a motor carrier of railroad employees who transports 49.27passengers must:49.28(1) have a valid driver's license under chapter 171; and49.29(2) submit to a physical examination.49.30(c) The carrier must implement a policy that provides for annual training and 49.31certification of the operator in:49.32    (1) safe operation of the vehicle transporting railroad employees;49.33    (2) knowing and understanding relevant laws, rules of the road, and safety policies;50.1    (3) handling emergency situations;50.2(4) proper use of seat belts;50.3    (5) performance of pretrip and posttrip vehicle inspections, and inspection record 50.4keeping; and50.5(6) proper maintenance of required records.50.6(d) The carrier must:50.7(1) perform a background check or background investigation of the operator;50.8(2) annually verify the operator's driver's license;50.9(3) document meeting the requirements in this subdivision, and maintain the file 50.10at the carrier's business location;50.11(4) maintain liability insurance in a minimum amount of $5,000,000 regardless 50.12of the seating capacity of the vehicle; and50.13(5) maintain uninsured and underinsured coverage in a minimum amount of 50.14$1,000,000.50.15If a party contracts with the motor carrier on behalf of the railroad to transport the railroad 50.16employees, then the insurance requirements may be satisfied by either that party or the 50.17motor carrier, so long as the motor carrier is a named insured or additional insured under 50.18any policy.50.19    (e) A person who sustains a conviction of violating section 169A.25, 169A.26, 50.20169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to 50.21169A.53 of the implied consent law, or who is convicted of or has their driver's license 50.22revoked under a similar statute or ordinance of another state, may not operate a vehicle 50.23under this subdivision for five years from the date of conviction. A person who sustains a 50.24conviction of a moving offense in violation of chapter 169 within three years of the first 50.25of three other moving offenses may not operate a vehicle under this subdivision for one 50.26year from the date of the last conviction. A person who has ever been convicted of a 50.27disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may 50.28not operate a vehicle under this subdivision.50.29(f) An operator who sustains a conviction as described in paragraph (e) while 50.30employed by the carrier shall report the conviction to the carrier within ten days of the 50.31date of the conviction.50.32(g) A carrier must implement a mandatory alcohol and controlled substance testing 50.33program as provided under sections 181.950 to 181.957 that consists of preemployment 50.34testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty 50.35testing, and follow-up testing.51.1(h) A motor carrier of railroad employees shall not allow or require a driver to drive 51.2or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours 51.3of combined on-duty time and drive time since last obtaining eight consecutive hours of 51.4off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive 51.5days. After 24 hours off duty, a driver begins a new seven consecutive day period and 51.6on-duty time is reset to zero.51.7(i) An operator who encounters an emergency and cannot, because of that 51.8emergency, safely complete a transportation assignment within the ten-hour maximum 51.9driving time permitted under paragraph (h), may drive for not more than two additional 51.10hours in order to complete that transportation assignment or to reach a place offering 51.11safety for the occupants of the vehicle and security for the transport motor vehicle, if the 51.12transportation assignment reasonably could have been completed within the ten-hour 51.13period absent the emergency.51.14(j) A carrier shall maintain and retain for a period of six months accurate time 51.15records that show the time the driver reports for duty each day; the total number of hours 51.16of on-duty time for each driver for each day; the time the driver is released from duty each 51.17day; and the total number of hours driven each day.51.18(k) For purposes of this subdivision, the following terms have the meanings given:51.19(1) "conviction" has the meaning given in section 609.02; and51.20(2) "on-duty time" means all time at a terminal, facility, or other property of a 51.21contract carrier or on any public property waiting to be dispatched. On-duty time includes 51.22time spent inspecting, servicing, or conditioning the vehicle.51.23EFFECTIVE DATE.Paragraph (d), clause (5), is effective July 1, 2011.51.24    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 $600,00051.35$1,000,000 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, an airport 52.24authority, the Metropolitan Airports Commission established and operated pursuant to 52.25chapter 473, and the state of Minnesota.52.26    Sec. 60. [383D.75] NEW LOCATION FOR DEPUTY REGISTRAR.52.27Notwithstanding section 168.33, and rules adopted by the commissioner of public 52.28safety, limiting sites for the office of deputy registrar based on either the distance to an 52.29existing deputy registrar office or the annual volume of transactions processed by any 52.30deputy registrar, the commissioner of public safety shall permit the deputy registrar of 52.31motor vehicles agent number 128 and driver's license agent number 726 for Dakota County 52.32to move from the existing deputy registrar location in Burnsville to the Dakota County 52.33Burnhaven Library in Burnsville, with full authority to function as a registration and 52.34motor vehicle tax collection and driver's license bureau, at the Dakota County Burnhaven 53.1Library. All other provisions regarding the appointment and operation of a deputy 53.2registrar of motor vehicles and driver's license agent under sections 168.33 and 171.061, 53.3and Minnesota Rules, chapter 7406, not inconsistent with this section, apply to the office.53.4EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after 53.5the governing body of the county of Dakota and its chief clerical officer timely complete 53.6their compliance with section 645.021, subdivisions 2 and 3.53.7    Sec. 61. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:53.8    Subd. 2a. Hardship Loans for 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
         ; and53.27(4) the council agrees to and approves the fair market value of the homestead 53.28property, which approval shall not be unreasonably withheld; and.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: (i) a single-family dwelling occupied by the 54.4owner, and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured 54.5home, as defined in section 327B.01, subdivision 13.54.6(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 other members of the board. If the use is a designated Minneapolis parkway 54.26for regular route service adjacent to the city of Minneapolis, it must obtain permission 54.27from and is subject to reasonable limitations imposed by a joint board consisting of two 54.28representatives from the council, two members of the board of park commissioners, and a 54.29fifth member jointly selected by other members of the board. The joint board must include 54.30a nonvoting member appointed by the council of the city in which the parkway is located.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) of vehicles parked in violation of snow 55.29emergency regulations.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 55.32EXTINGUISHMENT.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 or funded 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; and56.7    (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.56.21EFFECTIVE DATE.This section is effective the day following final enactment.56.22    Sec. 65. Laws 2008, chapter 350, article 1, section 5, the effective date, is amended to 56.23read:56.24EFFECTIVE 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 2012.56.27    Sec. 66. Laws 2009, chapter 36, article 1, section 3, subdivision 3, is amended to read:

56.28Subd. 3.State Roads

56.29(a) Infrastructure Operations and Maintenance251,643,000245,892,000

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 Support201,461,000196,935,000

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$200,000 the second year is for grants 57.33to nonprofit job training centers for: (1) 57.34job training programs related to highway 58.1construction; and (2) business training for 58.2companies that are certified disadvantaged 58.3business enterprises.

58.4(2) State Road Construction551,300,000598,700,000

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:

58.9Appropriations by Fund58.1058.11Federal Highway 
                  		Aid301,100,000 388,500,00058.12Highway User Taxes250,200,000210,200,000

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.58.29The commissioner may spend up to $250,000 58.30of trunk highway funds in fiscal year 2011 58.31to pay the operating costs of bus service 58.32between Hastings and Minneapolis-St. Paul 58.33to mitigate the traffic impacts of the project 58.34involving construction of a bridge crossing 59.1the Mississippi River in the city of Hastings 59.2on marked Trunk Highway 61.59.3The 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 Service101,170,000173,400,000

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 Communications5,177,0005,177,000

59.32Appropriations by Fund59.33General9,0009,00059.34Trunk Highway5,168,0005,168,000

60.1The general fund appropriation is to equip 60.2and operate the Roosevelt signal tower for 60.3Lake of the Woods weather broadcasting.60.4EFFECTIVE DATE.This section is effective July 1, 2010.60.5    Sec. 67. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR 60.6CITY OF FARMINGTON.60.7Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the 60.8commissioner of public safety, limiting sites for the office of deputy registrar based 60.9on either the distance to an existing deputy registrar office or the annual volume of 60.10transactions processed by any deputy registrar, the commissioner of public safety shall 60.11appoint a municipal deputy registrar of motor vehicles for the city of Farmington to 60.12operate a new full-service Office of Deputy Registrar, with full authority to function 60.13as a registration and motor vehicle tax collection bureau, at the city hall in the city of 60.14Farmington. All other provisions regarding the appointment and operation of a deputy 60.15registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota 60.16Rules, chapter 7406, apply to the office.60.17EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after 60.18the governing body of the city of Farmington and its chief clerical officer timely complete 60.19their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.60.20    Sec. 68. ROUNDABOUTS DESIGN.60.21(a) The commissioner of transportation shall, as part of the next regular update of 60.22appropriate design and highway construction manuals, develop specifications or standards 60.23on the design of roundabouts. The specifications or standards must include consideration 60.24of the suitability of roundabout designs for commercial motor vehicles, as defined in 60.25Minnesota Statutes, section 169.011, subdivision 16, and disabled persons as defined 60.26by Minnesota Statutes, section 256.481.60.27(b) In developing the specifications or standards, the commissioner shall consult 60.28with:60.29(1) the Minnesota Trucking Association;60.30(2) representatives, as identified by the commissioner, of persons who regularly 60.31obtain oversize or overweight permits under Minnesota Statutes, chapter 169, and are 60.32reasonably likely to travel on routes that would include a roundabout; and60.33(3) the Council on Disability established under Minnesota Statutes, section 256.482.61.1(c) The commissioner shall distribute the specifications or standards, or a similar 61.2advisory guidance document, to local road authorities.61.3EFFECTIVE DATE.This section is effective the day following final enactment.61.4    Sec. 69. TIFIA PILOT PROGRAM.61.5(a) The commissioner of transportation may conduct a pilot program to apply for 61.6and receive financial assistance under the Transportation Infrastructure Finance and 61.7Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other 61.8federal transportation loan, grant, or credit assistance programs. The assistance may 61.9include but is not limited to loans, loan guarantees, and lines of credit. The commissioner 61.10may enter into agreements to repay the financial assistance subject to the availability of 61.11state money or other dedicated revenue or resources, with the approval of Minnesota 61.12Management and Budget.61.13(b) The pilot program under this section is available for one transportation project 61.14identified by the commissioner.61.15(c) Upon completion of the transportation project under the pilot program, the 61.16commissioner shall submit a report on the pilot program to the chairs and ranking 61.17minority members of the house of representatives and senate committees having 61.18jurisdiction over transportation policy and finance. At a minimum, the report must: 61.19describe the transportation project undertaken and each financing mechanism utilized; 61.20analyze the effectiveness of each financing mechanism; evaluate the costs, risks, and 61.21benefits of additional participation in federal financial assistance programs; and provide 61.22any recommendations for related legislative changes. The report may be submitted 61.23electronically, and is subject to Minnesota Statutes, section 3.195, subdivision 1.61.24EFFECTIVE DATE.This section is effective the day following final enactment.61.25    Sec. 70. NORTHSTAR COMMUTER RAIL INFILL STATIONS IN CITIES 61.26OF RAMSEY AND COON RAPIDS.61.27The Metropolitan Council shall consider designating Northstar commuter rail 61.28stations at the city of Ramsey in the vicinity of the city of Ramsey Municipal Center and 61.29in the city of Coon Rapids at Foley Boulevard.61.30    Sec. 71. REPORT ON FINANCING OF BRIDGE CONSTRUCTION.61.31By January 15, 2011, the commissioner of transportation shall report to the chairs 61.32and ranking minority members of the legislative committees with jurisdiction over 62.1transportation policy and finance on the feasibility of utilizing any potential value capture 62.2options or potential public-private partnerships, which may include charging tolls, for 62.3construction of a new bridge over the St. Croix River at or near Stillwater. The report 62.4must be submitted electronically.62.5    Sec. 72. COMPLETE STREETS REPORTS.62.6The commissioner of transportation shall submit to the chairs and ranking minority 62.7members of the house of representatives and senate committees with jurisdiction over 62.8transportation policy and finance reports that:62.9(1) by January 15, 2011, summarize the department's complete streets initiatives, 62.10summarize steps taken to expedite and improve the transparency of the state-aid variance 62.11process related to complete streets, outline plans to develop and implement a complete 62.12streets policy, and identify any statutory barriers to complete streets implementation;62.13(2) by January 15, 2012, summarize the results of the collaboration under Minnesota 62.14Statutes, section 174.75, subdivision 3; identify modifications made to or recommended 62.15for protocols, guidance, standards, or other requirements to facilitate complete streets 62.16implementation; report status of development of complete streets performance indicators; 62.17outline other work planned related to the complete streets policy; and identify statutory 62.18recommendations to facilitate complete streets policy implementation; and62.19(3) by January 15, 2014, overview the department's implementation of complete 62.20streets policy; note updates to protocols, guidance, standards, or requirements; identify 62.21any recommendations for supporting local complete streets implementation under the 62.22state-aid standards variance process; and identify statutory recommendations to facilitate 62.23complete streets policy implementation.62.24The reports in clauses (1), (2), and (3) must be made available electronically and 62.25made available in print only upon request.62.26    Sec. 73. RULEMAKING EXCEPTION.62.27    The actions of the commissioner of public safety in establishing physical 62.28qualifications for type III vehicle drivers are not rulemaking for purposes of Minnesota 62.29Statutes, chapter 14, are not subject to the Administrative Procedure Act contained in 62.30Minnesota Statutes, chapter 14, and are not subject to Minnesota Statutes, section 14.386.62.31    Sec. 74.  REPEALER.62.32Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, are repealed."62.33Delete the title and insert:63.1"A bill for an act63.2relating 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."

64.1We request the adoption of this report and repassage of the bill.64.2Senate Conferees:64.3
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                     						64.4Steve MurphyD. Scott Dibble64.5
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                     						64.6Michael JungbauerKathy Saltzman64.7
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                     						64.8Katie Sieben64.9House Conferees:64.10
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                     						64.11Frank HornsteinMelissa Hortman64.12
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                     						64.13Terry MorrowBernard Lieder64.14
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                     						64.15Dean Urdahl