1.1A bill for an act
1.2relating to transportation; modifying or adding provisions relating to
1.3transportation tax compliance and appropriations, easements, transportation
1.4construction impacts on business, rest areas, highways, bridges, pavement,
1.5special license plates, deputy registrars, vehicles, impounds, towing, quick
1.6clearance of highway obstructions, intersection gridlock, bus operation,
1.7various traffic regulations, cargo tank vehicle weight exemptions, driver
1.8records, transportation department goals and mission, a Minnesota Council of
1.9Transportation Access, a Commuter Rail Corridor Coordinating Committee,
1.10railroad track safety, motor carriers, allocation of certain traffic fine proceeds,
1.11airport authorities, property acquisition for highways, transit, town road
1.12interest extinguishment nullification, roundabouts design, and a pilot program
1.13to obtain federal assistance for transportation projects; delaying effective
1.14date of amendment to definition of passenger automobile; requiring reports;
1.15making technical and clarifying changes; appropriating money;amending
1.16Minnesota Statutes 2008, sections 117.225; 161.14, by adding subdivisions;
1.17161.32, by adding a subdivision; 165.14, subdivisions 4, 5; 168.002, by adding
1.18a subdivision; 168.12, subdivision 2b; 168.123, by adding a subdivision;
1.19168.1293; 168.33, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision
1.203; 169.04; 169.041, subdivision 5, by adding a subdivision; 169.15; 169.306;
1.21169.345, subdivision 1; 169.87, by adding a subdivision; 171.12, subdivision 6;
1.22174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.185; 174.22, by adding a
1.23subdivision; 174.23, subdivisions 1, 2; 174.24, subdivisions 2, 3b, by adding a
1.24subdivision; 174.247; 174.86, subdivision 5; 219.01; 221.012, subdivision 38, by
1.25adding a subdivision; 360.061, subdivision 3; 473.167, subdivision 2a; 473.411,
1.26subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009 Supplement,
1.27sections 160.165; 161.14, subdivision 62; 169.865, subdivision 1; 174.24,
1.28subdivisions 1a, 5; 299D.03, subdivision 5; Laws 2008, chapter 287, article 1,
1.29section 122; Laws 2008, chapter 350, article 1, section 5; Laws 2009, chapter
1.3036, article 1, sections 1; 5, subdivisions 1, 3, 4; proposing coding for new law
1.31in Minnesota Statutes, chapters 160; 174; 221; repealing Minnesota Statutes
1.322008, section 169.041, subdivisions 3, 4.
1.33BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1
ARTICLE 1
2.2
TRANSPORTATION TAX COMPLIANCE
2.3 Section 1. Laws 2009, chapter 36, article 1, section 1, is amended to read:
2.4
Section 1. SUMMARY OF APPROPRIATIONS.
2.5 The amounts shown in this section summarize direct appropriations, by fund, made
2.6in this article.
2.7
2010
2011
Total
2.8
2.9
General
$
98,385,000
$
95,885,000
new text begin 95,897,000new text end
$
194,270,000
new text begin 194,282,000new text end
2.10
Airports
21,909,000
19,659,000
41,568,000
2.11
C.S.A.H.
496,786,000
524,478,000
1,021,264,000
2.12
M.S.A.S.
134,003,000
141,400,000
275,403,000
2.13
2.14
Special Revenue
49,038,000
49,038,000
new text begin 49,088,000new text end
98,076,000
new text begin 98,126,000new text end
2.15
2.16
H.U.T.D.
9,538,000
9,838,000
new text begin 9,945,000new text end
19,376,000
new text begin 19,483,000new text end
2.17
2.18
Trunk Highway
1,264,921,000
1,372,687,000
new text begin 1,372,496,000new text end
2,637,608,000
new text begin 2,637,417,000new text end
2.19
new text begin Transit Assistancenew text end
new text begin -0-new text end
new text begin 72,000new text end
new text begin 72,000new text end
2.20
2.21
Total
$
2,074,580,000
$
2,212,985,000new text begin new text end
new text begin 2,213,035,000new text end
$
4,287,565,000new text begin new text end
new text begin 4,287,615,000new text end
2.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
2.23 Sec. 2. Laws 2009, chapter 36, article 1, section 5, subdivision 1, is amended to read:
2.24
2.25
Subdivision 1.Total Appropriation
$
152,478,000
$
152,578,000new text begin new text end
new text begin 152,628,000new text end
2.26
Appropriations by Fund
2.27
2010
2011
2.28
2.29
General
7,959,000
7,959,000
new text begin 7,971,000new text end
2.30
2.31
Special Revenue
49,038,000
49,038,000
new text begin 49,088,000new text end
2.32
2.33
H.U.T.D.
9,413,000
9,713,000
new text begin 9,820,000new text end
2.34
2.35
Trunk Highway
86,068,000
85,868,000
new text begin 85,677,000new text end
2.36
new text begin Transit Assistancenew text end
new text begin -0-new text end
new text begin 72,000new text end
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.4
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
3.5 Sec. 3. Laws 2009, chapter 36, article 1, section 5, subdivision 3, is amended to read:
3.7
3.8
(a) Patrolling Highways
71,522,000
71,522,000
new text begin 71,331,000new text end
3.9
Appropriations by Fund
3.10
General
37,000
37,000
3.11
H.U.T.D.
92,000
92,000
3.12
3.13
Trunk Highway
71,393,000
71,393,000
new text begin 71,202,000new text end
3.14
new text begin The base appropriation from the trunk new text end
3.15
new text begin highway fund in fiscal years 2012 and 2013 new text end
3.16
new text begin is $71,393,000 for each fiscal year.new text end
3.17
(b) Commercial Vehicle Enforcement
7,996,000
7,796,000
3.18This appropriation is from the trunk highway
3.19fund.
3.20$800,000 the first year and $600,000 the
3.21second year are for the Office of Pupil
3.22Transportation Safety.
3.23
(c) Capitol Security
3,113,000
3,113,000
3.24This appropriation is from the general fund.
3.25The commissioner may not: (1) spend
3.26any money from the trunk highway fund
3.27for capitol security; or (2) permanently
3.28transfer any state trooper from the patrolling
3.29highways activity to capitol security.
3.30The commissioner may not transfer any
3.31money: (1) appropriated for Department of
3.32Public Safety administration, the patrolling of
3.33highways, commercial vehicle enforcement,
4.1or driver and vehicle services to capitol
4.2security; or (2) from capitol security.
4.3
new text begin (d) new text end new text begin Vehicle Crimes Unitnew text end
new text begin -0-new text end
new text begin 191,000new text end
4.4
new text begin Appropriations by Fundnew text end
4.5
new text begin Generalnew text end
new text begin -0-new text end
new text begin 12,000new text end
4.6
new text begin Transit Assistancenew text end
new text begin -0-new text end
new text begin 72,000new text end
4.7
new text begin H.U.T.D.new text end
new text begin -0-new text end
new text begin 107,000new text end
4.8
new text begin This appropriation is to investigate new text end
4.9
new text begin registration tax and motor vehicle sales tax new text end
4.10
new text begin liabilities from individuals and businesses new text end
4.11
new text begin that currently do not pay all taxes owed new text end
4.12
new text begin and illegal or improper activity related to new text end
4.13
new text begin sale, transfer, titling, and registration of new text end
4.14
new text begin motor vehicles. The commissioner shall new text end
4.15
new text begin staff the Vehicle Crimes Unit in a manner new text end
4.16
new text begin that minimizes overall personnel costs, and new text end
4.17
new text begin assigns all duties and functions as reasonable new text end
4.18
new text begin and appropriate to employees who are not new text end
4.19
new text begin peace officers, as provided in Minnesota new text end
4.20
new text begin Statutes, section 299D.06. This initiative is new text end
4.21
new text begin expected to result in new revenues for the new text end
4.22
new text begin biennium as follows:new text end
4.23
new text begin (1) $114,000 for the highway user tax new text end
4.24
new text begin distribution fund;new text end
4.25
new text begin (2) $75,000 for the transit assistance fund; new text end
4.26
new text begin andnew text end
4.27
new text begin (3) $13,000 for the general fund.new text end
4.28
new text begin The general fund appropriation for fiscal year new text end
4.29
new text begin 2011 is a onetime appropriation.new text end
4.30
new text begin Notwithstanding the appropriation under new text end
4.31
new text begin Minnesota Statutes, section 16A.88, new text end
4.32
new text begin subdivision 2, $65,000 of the amount new text end
4.33
new text begin appropriated in fiscal year 2011 is from the new text end
4.34
new text begin metropolitan area transit account in the transit new text end
4.35
new text begin assistance fund. The base appropriation from new text end
5.1
new text begin the metropolitan area transit account in fiscal new text end
5.2
new text begin years 2012 and 2013 is $250,000 for each new text end
5.3
new text begin fiscal year.new text end
5.4
new text begin Notwithstanding the appropriation under new text end
5.5
new text begin Minnesota Statutes, section 16A.88, new text end
5.6
new text begin subdivision 1a, $7,000 of the amount new text end
5.7
new text begin appropriated in fiscal year 2011 is from new text end
5.8
new text begin the greater Minnesota transit account new text end
5.9
new text begin in the transit assistance fund. The base new text end
5.10
new text begin appropriation from the greater Minnesota new text end
5.11
new text begin transit account in fiscal years 2012 and 2013 new text end
5.12
new text begin is $27,000 for each fiscal year.new text end
5.13
new text begin The base appropriation from the highway new text end
5.14
new text begin user tax distribution fund in fiscal years 2012 new text end
5.15
new text begin and 2013 is $416,000 for each fiscal year.new text end
5.16
new text begin By February 1, 2015, the commissioner shall new text end
5.17
new text begin submit a report to the house of representatives new text end
5.18
new text begin and senate committees having jurisdiction new text end
5.19
new text begin over transportation finance on the revenues new text end
5.20
new text begin generated by the Vehicle Crimes Unit.new text end
5.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
5.22 Sec. 4. Laws 2009, chapter 36, article 1, section 5, subdivision 4, is amended to read:
5.23
Subd. 4.Driver and Vehicle Services
5.24
5.25
(a) Vehicle Services
26,909,000
27,209,000
new text begin 27,259,000new text end
5.26
Appropriations by Fund
5.27
5.28
Special Revenue
18,973,000
18,973,000
new text begin 19,023,000new text end
5.29
H.U.T.D.
7,936,000
8,236,000
5.30The special revenue fund appropriation is
5.31from the vehicle services operating account.
5.32
new text begin Of the appropriation for fiscal year 2011 new text end
5.33
new text begin from the special revenue fund, $50,000 is new text end
5.34
new text begin for assistance to the Vehicle Crimes Unit in new text end
6.1
new text begin investigations as provided under subdivision new text end
6.2
new text begin 3, paragraph (d).new text end
6.3
(b) Driver Services
28,712,000
28,712,000
6.4
Appropriations by Fund
6.5
Special Revenue
28,711,000
28,711,000
6.6
Trunk Highway
1,000
1,000
6.7The special revenue fund appropriation is
6.8from the driver services operating account.
6.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
6.10
ARTICLE 2
6.11
TRANSPORTATION POLICY
6.12 Section 1. Minnesota Statutes 2008, section 117.225, is amended to read:
6.13
117.225 EASEMENT DISCHARGE.
6.14Whenever claiming that an easement
new text begin or portion of an easement new text end acquired by
6.15condemnation is not being used for the purposes for which it was acquired, the underlying
6.16fee owner may apply to the district court of the county in which the land is situated for an
6.17order discharging the easement
new text begin or portion of the easementnew text end , upon such terms as are just and
6.18equitable. Due notice of said application shall be given to all interested parties. Provided,
6.19however, this section shall not apply to easements
new text begin or portions of easements new text end acquired by
6.20condemnation by a public service corporation now or hereafter doing business in the
6.21state of Minnesota.
6.22 Sec. 2. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:
6.23
160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
6.24
ON BUSINESS.
6.25 Subdivision 1.
Definitions. For the purposes of this section, the following terms
6.26have the meanings given:
6.27(1) "project" means construction work to maintain, construct, reconstruct, or
6.28improve a street or highway
new text begin or for a rail transit projectnew text end ;
6.29(2) "substantial business impacts" means impairment of road access, parking, or
6.30visibility for one or more business establishments as a result of a project, for a minimum
6.31period of one month; and
7.1(3) "transportation authority" means the commissioner, as to trunk highways; the
7.2county board, as to county state-aid highways and county highways; the town board, as to
7.3town roads; and statutory or home rule charter cities, as to city streets
new text begin ; the Metropolitan new text end
7.4
new text begin Council, for rail transit projects located entirely within the metropolitan area as defined in new text end
7.5
new text begin section 473.121, subdivision 2; and the commissioner, for all other rail transit projectsnew text end .
7.6 Subd. 2.
Business liaison. (a) Before beginning construction work on a project,
7.7a transportation authority shall identify whether the project is anticipated to include
7.8substantial business impacts. For such projects, the transportation authority shall designate
7.9an individual to serve as business liaison between the transportation authority and affected
7.10businesses.
7.11(b) The business liaison shall consult with affected businesses before and
7.12during construction to investigate means of mitigating project impacts to businesses.
7.13The mitigation considered must include signage. The business liaison shall provide
7.14information to the identified businesses before and during construction, concerning project
7.15duration and timetables, lane and road closures, detours, access impacts, customer parking
7.16impacts, visibility, noise, dust, vibration, and public participation opportunities.
7.17
new text begin Subd. 3.new text end new text begin Exception.new text end new text begin This section does not apply to construction work in connection new text end
7.18
new text begin with the Central Corridor light rail transit line that will connect downtown Minneapolis new text end
7.19
new text begin and downtown St. Paul.new text end
7.20
new text begin EFFECTIVE DATE.new text end new text begin Subdivision 1 is effective July 1, 2012. Subdivision 3 is new text end
7.21
new text begin effective July 1, 2010.new text end
7.22 Sec. 3.
new text begin [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.new text end
7.23
new text begin Subdivision 1.new text end new text begin Prohibited activities.new text end new text begin It is unlawful at rest areas to:new text end
7.24
new text begin (1) dispose of travel-related trash and rubbish, except if depositing it in a designated new text end
7.25
new text begin receptacle;new text end
7.26
new text begin (2) dump household or commercial trash and rubbish into containers or anywhere new text end
7.27
new text begin else on site; ornew text end
7.28
new text begin (3) drain or dump refuse or waste from any trailer, recreational vehicle, or other new text end
7.29
new text begin vehicle except where receptacles are provided and designated to receive the refuse or new text end
7.30
new text begin waste.new text end
7.31
new text begin Subd. 2.new text end new text begin Penalty.new text end new text begin Violation of this section is a petty misdemeanor.new text end
7.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2010, and applies to acts new text end
7.33
new text begin committed on or after that date.new text end
8.1 Sec. 4. Minnesota Statutes 2009 Supplement, section 161.14, subdivision 62, is
8.2amended to read:
8.3 Subd. 62.
Clearwater County Veterans Memorial Highway. (a) The following
8.4described route is designated the "Clearwater County Veterans Memorial Highway": that
8.5portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk Highway 200,
8.6from its intersection with Clearwater County State-Aid Highway 37
new text begin 39new text end to its intersection
8.7with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that
8.8portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5.
8.9(b) The commissioner shall adopt a suitable marking design to mark this highway
8.10and erect appropriate signs, subject to section
161.139.
8.11 Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.12to read:
8.13
new text begin Subd. 64.new text end new text begin Veterans Memorial Highway.new text end new text begin Legislative Route No. 31, signed as new text end
8.14
new text begin Trunk Highway 200 as of the effective date of this section, from the border with North new text end
8.15
new text begin Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The new text end
8.16
new text begin commissioner shall adopt a suitable design to mark this highway and erect appropriate new text end
8.17
new text begin signs, subject to section 161.139.new text end
8.18 Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.19to read:
8.20
new text begin Subd. 65.new text end new text begin Becker County Veterans Memorial Highway.new text end new text begin Marked Trunk Highway new text end
8.21
new text begin 34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with new text end
8.22
new text begin County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection new text end
8.23
new text begin with County State-Aid Highway 33 to its intersection with County State-Aid Highway new text end
8.24
new text begin 39, is named and designated the "Becker County Veterans Memorial Highway." Subject new text end
8.25
new text begin to section 161.139, the commissioner shall adopt a suitable marking design to mark this new text end
8.26
new text begin highway and erect appropriate signs.new text end
8.27 Sec. 7. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.28to read:
8.29
new text begin Subd. 66.new text end new text begin Granite City Crossing.new text end new text begin The bridge over the Mississippi River on marked new text end
8.30
new text begin Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner new text end
8.31
new text begin of transportation shall adopt a suitable design to mark this bridge and erect appropriate new text end
8.32
new text begin signs, subject to section 161.139.new text end
9.1 Sec. 8. Minnesota Statutes 2008, section 161.32, is amended by adding a subdivision
9.2to read:
9.3
new text begin Subd. 8.new text end new text begin Alternative bidding; paving materials.new text end new text begin (a) For purposes of this new text end
9.4
new text begin subdivision, the terms defined in section 174.185, subdivision 1, have the meanings given new text end
9.5
new text begin them.new text end
9.6
new text begin (b) For all contracts for an applicable project entered into on or after January 31, new text end
9.7
new text begin 2011, the commissioner shall use the standard for life-cycle cost analysis developed under new text end
9.8
new text begin section 174.185, subdivision 1a, as the basis for alternative bidding in which bidders may new text end
9.9
new text begin select alternative project designs that use alternative paving materials.new text end
9.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
9.11 Sec. 9. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
9.12 Subd. 4.
Prioritization of bridge projects. (a) The commissioner shall classify all
9.13bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
9.14the commissioner identifies a reason for proceeding otherwise, before commencing bridge
9.15projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
9.16be selected and funded in the approved state transportation improvement program, at
9.17any stage in the project development process, solicited for bids, in contract negotiation,
9.18under construction, or completed.
9.19 (b) The classification of each tier is as follows:
9.20 (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
9.21count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
9.22identified by the commissioner as a priority project;
9.23 (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
9.24fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
9.25 (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
9.26 (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
9.27must be under contract for repair or replacement with a new bridge that contains a
9.28load-path-redundant design, except that a specific bridge may remain in continued service
9.29if the reasons are documented in the report required under subdivision 5.
9.30 (d)
new text begin All bridge projects funded under this section in fiscal year 2012 or later must new text end
9.31
new text begin include bicycle and pedestrian accommodations if both sides of the bridge are located in a new text end
9.32
new text begin city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.new text end
9.33
new text begin Bicycle and pedestrian accommodations would not be required if:new text end
10.1
new text begin (1) a comprehensive assessment demonstrates that there is an absence of need for new text end
10.2
new text begin bicycle and pedestrian accommodations for the life of the bridge; ornew text end
10.3
new text begin (2) there is a reasonable alternative bicycle and pedestrian crossing within new text end
10.4
new text begin one-quarter mile of the bridge project.new text end
10.5
new text begin All bicycle and pedestrian accommodations should enable a connection to any existing new text end
10.6
new text begin bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian new text end
10.7
new text begin facilities must meet or exceed federal accessibility requirements as outlined in Title II of new text end
10.8
new text begin the Americans with Disabilities Act, codified in United States Code, title 42, chapter new text end
10.9
new text begin 126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United new text end
10.10
new text begin States Code, title 29, section 794.new text end
10.11
new text begin (e) new text end The commissioner shall establish criteria for determining the priority of bridge
10.12projects within each tier, and must include safety considerations as a criterion.
10.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2010.new text end
10.14 Sec. 10. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
10.15 Subd. 5.
Statewide transportation planning report. In conjunction with each
10.16update to the Minnesota statewide transportation plan, or at least every six years, the
10.17commissioner shall submit a report to the chairs and ranking minority members of the
10.18house of representatives and senate committees with jurisdiction over transportation
10.19finance. The report must include:
10.20 (1) an explanation of the criteria and decision-making processes used to prioritize
10.21bridge projects;
10.22 (2) a historical and projected analysis of the extent to which all trunk highway
10.23bridges meet bridge performance targets
new text begin and comply with the accessibility requirements new text end
10.24
new text begin of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336new text end ;
10.25 (3) a summary of bridge projects (i) completed in the previous six years or since the
10.26last update to the Minnesota statewide transportation plan, and (ii) currently in progress
10.27under the program;
10.28 (4) a summary of bridge projects scheduled in the next four fiscal years and included
10.29in the state transportation improvement program;
10.30 (5) a projection of annual needs over the next 20 years;
10.31 (6) a calculation
new text begin of new text end funding necessary to meet the completion date under subdivision
10.324, paragraph (c), compared to the total amount of bridge-related funding available; and
10.33 (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
10.34explanation of the reasons for repair instead of replacement.
11.1 Sec. 11. Minnesota Statutes 2008, section 168.002, is amended by adding a subdivision
11.2to read:
11.3
new text begin Subd. 31a.new text end new text begin Special plates.new text end new text begin Unless otherwise specified, "special plates" or "special new text end
11.4
new text begin plate" means plates, or a single motorcycle plate, that are designed with wording or new text end
11.5
new text begin graphics that differ from a regular Minnesota passenger automobile plate or motorcycle new text end
11.6
new text begin plate.new text end
11.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.8 Sec. 12. Minnesota Statutes 2008, section 168.12, subdivision 2b, is amended to read:
11.9 Subd. 2b.
Firefighters; special plates, rules. (a) The commissioner shall issue
11.10special plates, or a single license plate in the case of a motorcycle plate, to any applicant
11.11who:
11.12 (1) is a member of
new text begin , or has retired after at least 15 years of service as a member new text end
11.13
new text begin of,new text end a fire department receiving state aid under chapter 69,
new text begin andnew text end has a letter from the fire
11.14chief, and
new text begin ;new text end
11.15
new text begin (2)new text end is an owner of a passenger automobile, a truck with a manufacturer's nominal
11.16rated capacity of one ton and resembling a pickup truck, or a motorcycle;
11.17 (2)
new text begin (3)new text end pays a fee of $10 and any other fees required by this chapter;
11.18 (3)
new text begin (4)new text end pays the registration tax required by this chapter for the motor vehicle; and
11.19 (4)
new text begin (5)new text end complies with this chapter and rules governing the registration of motor
11.20vehicles and licensing of drivers.
11.21 (b) In lieu of the identification required under subdivision 1, the special plates must
11.22bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
11.23the commissioner.
11.24 (c) Special plates issued under this subdivision may only be used during the period
11.25that the owner of the motor vehicle is a member of a fire department as specified in this
11.26subdivision. When the individual to whom the special plates were issued is no longer a
11.27member of a fire department or when the motor vehicle ownership is transferred, the
11.28owner shall remove the special plates from the motor vehicle. If the commissioner
11.29receives written notification that an individual is no longer qualified for these special
11.30plates, the commissioner shall invalidate the plates and notify the individual of this
11.31action. The individual may retain the plate only upon demonstrating compliance with the
11.32qualifications of this subdivision. Upon removal or invalidation of the special plates, or
11.33special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
11.34regular plates or a regular motorcycle plate for the proper registration classification for
11.35the motor vehicle.
12.1 (d) A special motorcycle license plate issued under this subdivision must be the
12.2same size as a standard motorcycle license plate.
12.3 (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
12.4automobile or truck may be transferred to another passenger automobile or truck owned
12.5or jointly owned by the person to whom the plates were issued. On payment of a fee of
12.6$5, a plate issued under this subdivision for a motorcycle may be transferred to another
12.7motorcycle owned or jointly owned by the person to whom the plate was issued.
12.8 (f) The commissioner may adopt rules under the Administrative Procedure Act,
12.9sections
14.001 to
14.69, to govern the issuance and use of the special plates authorized
12.10in this subdivision.
12.11 Sec. 13. Minnesota Statutes 2008, section 168.123, is amended by adding a subdivision
12.12to read:
12.13
new text begin Subd. 2b.new text end new text begin Eligibility; combat wounded plate.new text end new text begin A member of the United States new text end
12.14
new text begin armed forces who is serving actively in the military and who is a recipient of the purple new text end
12.15
new text begin heart medal is also eligible for the license plate under subdivision 2, paragraph (e). The new text end
12.16
new text begin commissioner of public safety shall ensure that information regarding the required proof new text end
12.17
new text begin of eligibility for any applicant under this subdivision who has not yet been issued military new text end
12.18
new text begin discharge papers is distributed to the public officials responsible for administering this new text end
12.19
new text begin section. new text end
12.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2010.new text end
12.21 Sec. 14. Minnesota Statutes 2008, section 168.1293, is amended to read:
12.22
168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
12.23
DISCONTINUANCE.
12.24 Subdivision 1.
Definition. For purposes of this section and section
,
new text begin the new text end
12.25
new text begin following terms have the meanings given them:new text end
12.26
new text begin (1)new text end "
new text begin new new text end special plate"
new text begin or "proposed special plate"new text end means a
new text begin specialnew text end plate authorized
12.27by sections
168.12, subdivisions 2b and 2e;
; and
, to have wording and
12.28graphics that differ from a Minnesota passenger vehicle plate.
new text begin that is not authorized under new text end
12.29
new text begin this chapter and for which legislation authorizing the plate, including but not limited to a new text end
12.30
new text begin bill or amendment, is introduced or presented to the legislature; andnew text end
12.31
new text begin (2) "proximate special plate" means a special plate (i) authorized under section new text end
12.32
new text begin 168.12, subdivisions 2b and 2enew text end new text begin ; new text end
new text begin ; or new text end
new text begin ; or (ii) authorized in law on or new text end
12.33
new text begin after August 1, 2010.new text end
13.1
new text begin Subd. 1a.new text end new text begin Establishment of plate.new text end new text begin The commissioner may only establish a special new text end
13.2
new text begin plate as authorized under this chapter. This requirement does not apply to alternative new text end
13.3
new text begin or additional designs for a special plate.new text end
13.4 Subd. 2.
Submissions to commissioner. (a) A person, legal entity, or other
13.5requester, however organized, that plans to seek legislation establishing a new
new text begin specialnew text end
13.6plate
new text begin , or is a proponent of a new special plate,new text end shall submit the following information and
13.7fee to the commissioner:
13.8(1) The requester shall submit a request for the special plate being sought, describing
13.9the proposed
new text begin specialnew text end plate in general terms, the purpose of the plate, and the proposed fee
13.10or minimum contribution required for the plate.
13.11(2) The requester shall submit the results of a scientific sample survey of Minnesota
13.12motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend
13.13to purchase the proposed plate with the proposed fee or minimum contribution. The
13.14requester's plan to undertake the survey must be reported to the commissioner before the
13.15survey is undertaken. The survey must be performed independently of the requester by
13.16another person or legal entity, however organized, that conducts similar sample surveys
13.17in the normal course of business.
13.18(3) The requester shall submit an application fee of $20,000, to cover the cost of
13.19reviewing the application for a new plate and developing the new special plate if authorized
13.20by law. State funds may not be used to pay the application fee.
new text begin This requirement does not new text end
13.21
new text begin apply if legislation or a bill introduced to the legislature proposing the new special plate new text end
13.22
new text begin contains a mechanism by which all costs incurred by the commissioner for development new text end
13.23
new text begin and implementation of the plate are covered, provided that the application fee subsequently new text end
13.24
new text begin does apply if such a mechanism is not enacted in the law authorizing the new special plate.new text end
13.25(4) The requester shall submit a marketing strategy that contains (i) short-term and
13.26long-term marketing plans for the requested plate, and (ii) a financial analysis showing
13.27the anticipated revenues and the planned expenditures of any fee or contribution derived
13.28from the requested plate.
13.29(b) The requester shall submit the information required under paragraph (a) to the
13.30commissioner at least 120 days before the convening of the next regular legislative session
13.31at which the requester will submit the proposal.
13.32
new text begin Subd. 2a.new text end new text begin Information for legislature.new text end new text begin (a) Within 15 days of the introduction of a new text end
13.33
new text begin bill proposing a new special plate, the commissioner shall submit a briefing to the chairs new text end
13.34
new text begin and ranking minority members of the house of representatives and senate committees to new text end
13.35
new text begin which the bill was referred. At a minimum, the briefing must:new text end
13.36
new text begin (1) summarize the requirements for a special plate under this section; andnew text end
14.1
new text begin (2) identify which of the requirements have been met for the proposed special plate.new text end
14.2
new text begin (b) If a proposed special plate is a topic of discussion at a legislative committee new text end
14.3
new text begin hearing, the commissioner shall make every reasonable effort to provide testimony. The new text end
14.4
new text begin testimony must include the information required in the briefing under paragraph (a).new text end
14.5
new text begin (c) Notwithstanding section 3.195, the commissioner may submit the briefing under new text end
14.6
new text begin paragraph (a) by submitting an electronic version rather than a printed version.new text end
14.7 Subd. 3.
Design; redesign. (a) If the proposed new special plate sought by the
14.8requester is approved by law, the requester shall submit the proposed design for the plate
14.9to the commissioner as soon as practicable, but not later than 120 days after the effective
14.10date of the law authorizing issuance of the plate. The commissioner is responsible for
14.11selecting the final design for the special plate.
14.12(b) The requester that originally requested a
new text begin newnew text end special plate subsequently approved
14.13by law may not submit a new design for the plate within the five years following the date
14.14of first issuance of the plate unless the inventory of those plates has been exhausted.
14.15The requester may deplete the remaining inventory of the plates by reimbursing the
14.16commissioner for the cost of the plates.
14.17 Subd. 4.
Refund of fee. If the special plate requested is not authorized in the
14.18legislative session at which authorization was sought, the commissioner shall
new text begin , if new text end
14.19
new text begin applicable,new text end refund $17,500 of the application fee to the requester.
14.20 Subd. 5.
Discontinuance of plate. (a) The commissioner shall discontinue the
14.21issuance or renewal of any
new text begin proximatenew text end special plate authorized by sections
168.12,
14.22subdivisions 2b and 2e
;
; and
, if (1) fewer than 1,000 sets of those
14.23plates are currently registered at the end of the first six years during which the plates are
14.24available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of
14.25any subsequent two-year period following the first six years of availability.
14.26(b) The commissioner shall discontinue the issuance or renewal of any
new text begin proximatenew text end
14.27special plate authorized by sections
168.12, subdivisions 2b and 2e;
;
14.28and
, and distribution of any contributions resulting from that plate, if the
14.29commissioner determines that (1) the fund or requester receiving the contributions no
14.30longer exists, (2) the requester has stopped providing services that are authorized to be
14.31funded from the contribution proceeds, (3) the requester has requested discontinuance, or
14.32(4) contributions have been used in violation of subdivision 6.
14.33(c) Nothing in this subdivision applies to plates issued under section
168.123,
14.34168.124
,
168.125,
168.1251, or
168.1255.
14.35
new text begin (d) Upon commencing discontinuance of a proximate special plate under this new text end
14.36
new text begin subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and new text end
15.1
new text begin (2) shall allow retention of any existing plate for the regular period. For purposes of this new text end
15.2
new text begin paragraph, "regular period" may be, as appropriate, the period specified under section new text end
15.3
new text begin 168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as new text end
15.4
new text begin otherwise provided by law.new text end
15.5 Subd. 6.
Use of contributions. Contributions made as a condition of obtaining a
new text begin new text end
15.6
new text begin proximatenew text end special plate authorized by sections
168.12, subdivisions 2b and 2e;
;
15.7and
, and interest earned on the contributions, may not be spent for commercial or
15.8for-profit purposes.
15.9 Subd. 7.
Deposit of fee; appropriation. The commissioner shall deposit the
15.10application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services
15.11operating account of the special revenue fund under section
299A.705. An amount
15.12sufficient to pay the department's cost in implementing and administering this section,
15.13including payment of refunds under subdivision 4, is appropriated to the commissioner.
15.14 Sec. 15. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
15.15 Subd. 2.
Deputy registrars. (a) The commissioner may appoint, and for cause
15.16discontinue, a deputy registrar for any statutory or home rule charter city as the public
15.17interest and convenience may require, without regard to whether the county auditor of
15.18the county in which the city is situated has been appointed as the deputy registrar for the
15.19county or has been discontinued as the deputy registrar for the county, and without regard
15.20to whether the county in which the city is situated has established a county license bureau
15.21that issues motor vehicle licenses as provided in section
373.32.
15.22(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
15.23for any statutory or home rule charter city as the public interest and convenience may
15.24require, if the auditor for the county in which the city is situated chooses not to accept
15.25appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
15.26or if the county in which the city is situated has not established a county license bureau
15.27that issues motor vehicle licenses as provided in section
373.32. The individual appointed
15.28by the commissioner as a deputy registrar for any statutory or home rule charter city must
15.29be a resident of the county in which the city is situated.
15.30(c) The commissioner may appoint, and for cause discontinue, the county auditor of
15.31each county as a deputy registrar.
15.32(d) Despite any other provision, a person other than a county auditor or a director
15.33of a county license bureau, who was appointed by the registrar before August 1, 1976,
15.34as a deputy registrar for any statutory or home rule charter city, may continue to serve
15.35as deputy registrar and may be discontinued for cause only by the commissioner. The
16.1county auditor who appointed the deputy registrars is responsible for the acts of deputy
16.2registrars appointed by the auditor.
16.3(e) Each deputy, before entering upon the discharge of duties, shall take and
16.4subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
16.5(f) If a deputy registrar appointed under this subdivision is not an officer or employee
16.6of a county or statutory or home rule charter city, the deputy shall in addition give bond to
16.7the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
16.8conditioned upon the faithful discharge of duties as deputy registrar.
16.9(g) Until January 1, 2012, A corporation governed by chapter 302A
new text begin or 317Anew text end
16.10may be appointed a deputy registrar. Upon application by an individual serving as a
16.11deputy registrar and the giving of the requisite bond as provided in this subdivision,
16.12personally assured by the individual or another individual approved by the commissioner,
16.13a corporation named in an application then becomes the duly appointed and qualified
16.14successor to the deputy registrar. The appointment of any corporation as a deputy registrar
16.15expires January 1, 2012. The commissioner shall appoint an individual as successor to
16.16the corporation as a deputy registrar. The commissioner shall appoint as the successor
16.17agent to a corporation whose appointment expires under this paragraph an officer of the
16.18corporation if the officer applies for appointment before July 1, 2012.
16.19(h) Each deputy registrar appointed under this subdivision shall keep and maintain
16.20office locations approved by the commissioner for the registration of vehicles and the
16.21collection of taxes and fees on vehicles.
16.22(i) The deputy registrar shall keep records and make reports to the commissioner as
16.23the commissioner requires. The records must be maintained at the offices of the deputy
16.24registrar. The records and offices of the deputy registrar must at all times be open to the
16.25inspection of the commissioner or the commissioner's agents. The deputy registrar shall
16.26report to the commissioner by the next working day following receipt all registrations
16.27made and taxes and fees collected by the deputy registrar.
16.28(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
16.29the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
16.30but the registration tax and any additional fees for delayed registration the deputy registrar
16.31has collected the deputy registrar shall deposit by the next working day following receipt
16.32in an approved state depository to the credit of the state through the commissioner of
16.33management and budget. The place for which the deputy registrar is appointed through its
16.34governing body must provide the deputy registrar with facilities and personnel to carry out
16.35the duties imposed by this subdivision if the deputy is a public official. In all other cases,
16.36the deputy shall maintain a suitable facility for serving the public.
17.1 Sec. 16. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
17.2 Subdivision 1.
Written notice of impound. (a) When an impounded vehicle is
17.3taken into custody, the unit of government or impound lot operator taking it into custody
17.4shall give written notice of the taking within five days to the registered vehicle owner
17.5and any lienholders.
17.6 (b) The notice must:
17.7 (1) set forth the date and place of the taking;
17.8 (2) provide the year, make, model, and serial number of the impounded motor
17.9vehicle, if such information can be reasonably obtained, and the place where the vehicle
17.10is being held;
17.11 (3) inform the owner and any lienholders of their right to reclaim the vehicle under
17.12section
168B.07;
17.13 (4) state that failure of the owner or lienholders to:
17.14 (i) exercise their right to reclaim the vehicle within the appropriate time allowed
17.15under section
168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in
17.16section
168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest
17.17in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
17.18pursuant to section
168B.08; or
17.19 (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
17.20time allowed and under the conditions set forth in section
168B.07, subdivision 3,
17.21constitutes a waiver by them of all right, title, and interest in the contents and consent to
17.22sell or dispose of the contents under section
168B.08; and
17.23 (5) state that a vehicle owner who provides to the impound lot operator
17.24documentation from a government or nonprofit agency or legal aid office that the owner
17.25is homeless, receives relief based on need,
new text begin or new text end is eligible for legal aid services, or has a
17.26household income at or below 50 percent of state median income has the unencumbered
17.27right to retrieve any and all contents without charge.
17.28 Sec. 17. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
17.29 Subd. 3.
Retrieval of contents. (a) For purposes of this subdivision:
17.30 (1) "contents" does not include any permanently affixed mechanical or
17.31nonmechanical automobile parts; automobile body parts; or automobile accessories,
17.32including audio or video players; and
17.33 (2) "relief based on need" includes, but is not limited to, receipt of MFIP
17.34and Diversionary Work Program, medical assistance, general assistance, general
17.35assistance medical care, emergency general assistance, Minnesota supplemental aid,
18.1MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
18.2assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
18.3working family tax credit.
18.4 (b) A unit of government or impound lot operator shall establish reasonable
18.5procedures for retrieval of vehicle contents, and may establish reasonable procedures to
18.6protect the safety and security of the impound lot and its personnel.
18.7 (c) At any time before the expiration of the waiting periods provided in section
18.8168B.051
, a registered owner who provides documentation from a government or
18.9nonprofit agency or legal aid office that the registered owner is homeless, receives relief
18.10based on need,
new text begin or new text end is eligible for legal aid services, or has a household income at or below
18.1150 percent of state median income has the unencumbered right to retrieve any and all
18.12contents without charge and regardless of whether the registered owner pays incurred
18.13charges or fees, transfers title, or reclaims the vehicle.
18.14 Sec. 18. Minnesota Statutes 2008, section 169.04, is amended to read:
18.15
169.04 LOCAL AUTHORITY.
18.16(a) The provisions of this chapter shall not be deemed to prevent local authorities,
18.17with respect to streets and highways under their jurisdiction, and with the consent of
18.18the commissioner, with respect to state trunk highways, within the corporate limits of a
18.19municipality, or within the limits of a town in a county in this state now having or which
18.20may hereafter have, a population of 500,000 or more, and a land area of not more than 600
18.21square miles, and within the reasonable exercise of the police power from:
18.22(1) regulating the standing or parking of vehicles;
18.23(2) regulating traffic by means of police officers or traffic-control signals;
18.24(3) regulating or prohibiting processions or assemblages on the highways;
18.25(4) designating particular highways as one-way roadways and requiring that all
18.26vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one
18.27specific direction;
18.28(5) designating any highway as a through highway and requiring that all vehicles stop
18.29before entering or crossing the same, or designating any intersection as a stop intersection,
18.30and requiring all vehicles to stop at one or more entrances to such intersections;
18.31(6) restricting the use of highways as authorized in sections
169.80 to
169.88.
18.32(b) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6),
18.33shall be effective until signs giving notice of such local traffic regulations are posted
18.34upon and kept posted upon or at the entrance to the highway or part thereof affected as
18.35may be most appropriate.
19.1(c) No ordinance or regulation enacted under paragraph (a), clause (3), or any other
19.2provision of law shall prohibit:
19.3(1) the use of motorcycles or vehicles utilizing flashing red lights for the purpose of
19.4escorting funeral processions, oversize buildings, heavy equipment, parades or similar
19.5processions or assemblages on the highways; or
19.6(2) the use of motorcycles or vehicles that are owned by the funeral home and that
19.7utilize flashing red lights for the purpose of escorting funeral processions.
19.8
new text begin (d) No ordinance or regulation enacted under paragraph (a), clause (1), or enacted new text end
19.9
new text begin by any other local authority, may hold an owner of a vehicle liable for parking violations new text end
19.10
new text begin committed before the person became the owner of the vehicle. If a vehicle is towed new text end
19.11
new text begin or impounded for failure of a former owner to pay parking fines accrued for parking new text end
19.12
new text begin violations committed by another before the present owner acquired the vehicle, the new text end
19.13
new text begin vehicle must be returned to the present owner, without charge, upon the present owner's new text end
19.14
new text begin submission of documentation showing that the person became the owner after the parking new text end
19.15
new text begin violations were committed. Local authorities must attempt to recover parking fines new text end
19.16
new text begin from the owner of the vehicle at the time the violation occurred. This paragraph does new text end
19.17
new text begin not apply to (1) a co-owner or joint owner of a vehicle also presently owned by another new text end
19.18
new text begin co-owner or joint owner who was an owner when the violations were committed or (2) to new text end
19.19
new text begin a present owner who committed parking violations while operating the subject vehicle new text end
19.20
new text begin before acquiring the vehicle.new text end
19.21 Sec. 19. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
19.22 Subd. 5.
Towing prohibited. Unless the vehicle is described in subdivision 4,
new text begin (a)new text end A
19.23towing authority may not tow a motor vehicle because:
19.24(1) the vehicle has expired registration tabs that have been expired for less than
19.2590 days;
new text begin ornew text end
19.26(2) the vehicle is at a parking meter on which the time has expired and the vehicle
19.27has fewer than five unpaid parking tickets
new text begin .new text end
19.28
new text begin (b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:new text end
19.29
new text begin (1) the vehicle is parked in violation of snow emergency regulations;new text end
19.30
new text begin (2) the vehicle is parked in a rush-hour restricted parking area;new text end
19.31
new text begin (3) the vehicle is blocking a driveway, alley, or fire hydrant;new text end
19.32
new text begin (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking new text end
19.33
new text begin is prohibited;new text end
19.34
new text begin (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the new text end
19.35
new text begin stop sign;new text end
20.1
new text begin (6) the vehicle is parked in a disability transfer zone or disability parking space new text end
20.2
new text begin without a disability parking certificate or disability license plates;new text end
20.3
new text begin (7) the vehicle is parked in an area that has been posted for temporary restricted new text end
20.4
new text begin parking (A) at least 12 hours in advance in a home rule charter or statutory city having new text end
20.5
new text begin a population under 50,000, or (B) at least 24 hours in advance in another political new text end
20.6
new text begin subdivision;new text end
20.7
new text begin (8) the vehicle is parked within the right-of-way of a controlled-access highway or new text end
20.8
new text begin within the traveled portion of a public street when travel is allowed there;new text end
20.9
new text begin (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to new text end
20.10
new text begin use by fire, police, public safety, or emergency vehicles;new text end
20.11
new text begin (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul new text end
20.12
new text begin International Airport owned by the Metropolitan Airports Commission;new text end
20.13
new text begin (11) a law enforcement official has probable cause to believe that the vehicle is new text end
20.14
new text begin stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is new text end
20.15
new text begin reasonably necessary to obtain or preserve the evidence;new text end
20.16
new text begin (12) the driver, operator, or person in physical control of the vehicle is taken into new text end
20.17
new text begin custody and the vehicle is impounded for safekeeping;new text end
20.18
new text begin (13) a law enforcement official has probable cause to believe that the owner, new text end
20.19
new text begin operator, or person in physical control of the vehicle has failed to respond to five or more new text end
20.20
new text begin citations for parking or traffic offenses;new text end
20.21
new text begin (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs new text end
20.22
new text begin to use by taxicabs;new text end
20.23
new text begin (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked new text end
20.24
new text begin vehicle;new text end
20.25
new text begin (16) the vehicle is parked, on a school day during prohibited hours, in a school zone new text end
20.26
new text begin on a public street where official signs prohibit parking; ornew text end
20.27
new text begin (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section new text end
20.28
new text begin , and subject to immediate removal under chapter 168Bnew text end .
20.29 Sec. 20. Minnesota Statutes 2008, section 169.041, is amended by adding a subdivision
20.30to read:
20.31
new text begin Subd. 5a.new text end new text begin Quick clearance.new text end new text begin (a) For purposes of this subdivision:new text end
20.32
new text begin (1) "road" includes the roadway, a lane for vehicular traffic, shoulder, on-ramp, and new text end
20.33
new text begin off-ramp of a street or highway, including a parkway; andnew text end
20.34
new text begin (2) "obstructions" includes motor vehicles, debris, personal property, and cargo.new text end
21.1
new text begin (b) Within the Department of Transportation's eight-county metropolitan district, the new text end
21.2
new text begin department may move, remove, or cause to remove obstructions from a road if:new text end
21.3
new text begin (1) there has been a traffic incident involving a collision, accident, or spilled load;new text end
21.4
new text begin (2) the obstructions block a road or aggravate an emergency on a road; andnew text end
21.5
new text begin (3) the department cooperates with the State Patrol and private towing or recovery new text end
21.6
new text begin companies authorized by the state concerning towing of the vehicle and removal of new text end
21.7
new text begin other obstructions.new text end
21.8
new text begin (c) The State Patrol shall make a reasonable effort to contact a motor carrier who new text end
21.9
new text begin owns the motor vehicle or other obstructions before undertaking an action under this new text end
21.10
new text begin subdivision.new text end
21.11
new text begin (d) The department shall make a reasonable effort to allow the owner of the motor new text end
21.12
new text begin vehicle to arrange for its removal and shall give due consideration to having the vehicle new text end
21.13
new text begin towed by a licensed towing service capable of safely moving the vehicle.new text end
21.14
new text begin (e) Towing charges accrued by the owner or owners of the vehicle must be new text end
21.15
new text begin reasonable and consistent with customary market prices for the type of vehicle removed new text end
21.16
new text begin and the circumstances giving rise to its removal.new text end
21.17 Sec. 21. Minnesota Statutes 2008, section 169.15, is amended to read:
21.18
169.15 IMPEDING TRAFFICnew text begin ; INTERSECTION GRIDLOCKnew text end .
21.19
new text begin Subdivision 1.new text end new text begin Impeding traffic; drive at slow speed.new text end No person shall drive a
21.20motor vehicle at such a slow speed as to impede or block the normal and reasonable
21.21movement of traffic except when reduced speed is necessary for safe operation or in
21.22compliance with law or except when the vehicle is temporarily unable to maintain a greater
21.23speed due to a combination of the weight of the vehicle and the grade of the highway.
21.24
new text begin Subd. 2.new text end new text begin Intersection gridlock; stop or block traffic.new text end new text begin (a) Except as provided new text end
21.25
new text begin in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a new text end
21.26
new text begin traffic-control signal until the driver is able to move the vehicle immediately, continuously, new text end
21.27
new text begin and completely through the intersection without impeding or blocking the subsequent new text end
21.28
new text begin movement of cross traffic.new text end
21.29
new text begin (b) Paragraph (a) does not apply to movement of a vehicle made: new text end
21.30
new text begin (1) at the direction of a city-authorized traffic-control agent or a peace officer;new text end
21.31
new text begin (2) to facilitate passage of an authorized emergency vehicle with its emergency new text end
21.32
new text begin lights activated; ornew text end
21.33
new text begin (3) to make a turn, as permitted under section 169.19, that allows the vehicle to new text end
21.34
new text begin safely leave the intersection.new text end
22.1
new text begin (c) A violation of this subdivision does not constitute grounds for suspension or new text end
22.2
new text begin revocation of the violator's driver's license.new text end
22.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2011, and applies to acts new text end
22.4
new text begin committed on or after that date.new text end
22.5 Sec. 22. Minnesota Statutes 2008, section 169.306, is amended to read:
22.6
169.306 USE OF SHOULDERS BY BUSES.
22.7(a) The commissioner of transportation may
new text begin is authorized tonew text end permit the use by transit
22.8buses and Metro Mobility buses of a shoulder
new text begin , as designated by the commissioner,new text end of a
22.9freeway or expressway, as defined in section
160.02, in the seven-county metropolitan
22.10area
new text begin in Minnesotanew text end .
22.11(b) If the commissioner permits the use of a freeway or expressway shoulder by
22.12transit buses, the commissioner shall also permit the use on that shoulder of a bus
new text begin (1) new text end with
22.13a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
22.14as defined in section
221.012, subdivision 26, while operating in intrastate commerce
new text begin or new text end
22.15
new text begin (2) providing regular route transit service, as defined in section 174.22, subdivision 8, or new text end
22.16
new text begin Metro Mobility services, and operated by or under contract with the Metropolitan Council, new text end
22.17
new text begin a local transit authority, or a transit authority created by the legislature. Drivers of these new text end
22.18
new text begin buses must have adequate training in the requirements of paragraph (c), as determined by new text end
22.19
new text begin the commissionernew text end .
22.20(c) Buses authorized to use the shoulder under this section may be operated on the
22.21shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
22.22buses being operated on the shoulder may not exceed the speed of main-line traffic by
22.23more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
22.24being operated on the shoulder must yield to merging, entering, and exiting traffic and
22.25must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
22.26registered with the Department of Transportation.
22.27(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
22.28vehicle of not less than 20 feet in length engaged in providing special transportation
22.29services under section
473.386 that is:
22.30(1) operated by the Metropolitan Council, or operated by
new text begin or under contract withnew text end a
22.31public or private entity receiving financial assistance
new text begin to provide transit servicesnew text end from the
22.32Metropolitan Council
new text begin or the commissioner of transportationnew text end ; and
22.33(2) authorized by the council
new text begin commissionernew text end to use freeway or expressway shoulders.
22.34(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
23.1 Sec. 23. Minnesota Statutes 2008, section 169.345, subdivision 1, is amended to read:
23.2 Subdivision 1.
Scope of privilege. (a) A motor vehicle that prominently displays
23.3the certificate authorized by this section or that bears disability plates issued under section
23.4168.021
may be parked by or solely for the benefit of a physically disabled person:
23.5(1) in a designated parking space for disabled persons, as provided in section
23.6169.346
;
23.7(2) in a metered parking space without obligation to pay the meter fee and without
23.8time restrictions unless time restrictions are separately posted on official signs; and
23.9(3) without time restrictions in a nonmetered space where parking is otherwise
23.10allowed for passenger vehicles but restricted to a maximum period of time and that does
23.11not specifically prohibit the exercise of disabled parking privileges in that space.
23.12A person may park a motor vehicle for a physically disabled person in a parking space
23.13described in clause (1) or (2) only when actually transporting the physically disabled
23.14person for the sole benefit of that person and when the parking space is within a reasonable
23.15distance from the drop-off point.
23.16(b) For purposes of this subdivision, a certificate is prominently displayed if
new text begin :new text end
23.17
new text begin (1)new text end it is displayed
new text begin :new text end
23.18
new text begin (i) new text end so that it may be viewed from the front and rear of the motor vehicle by hanging
23.19it from the rearview mirror attached to the front windshield of the motor vehicle.
new text begin , so that it new text end
23.20
new text begin may be viewed from the front and rear of the motor vehicle;new text end
23.21
new text begin (ii) by securing it in a holder or display device located on the dashboard at the new text end
23.22
new text begin center or driver's side of the vehicle, so that it may be viewed from the front of the motor new text end
23.23
new text begin vehicle; ornew text end
23.24
new text begin (iii)new text end if there is no rearview mirror or if the certificate holder's disability precludes
23.25placing the certificate on the mirror, the certificate must be displayed
new text begin by placing itnew text end on the
23.26dashboard on the driver's side of the vehicle.
new text begin ; andnew text end
23.27
new text begin (2)new text end no part of the
new text begin symbols, lettering, or other information shown on thenew text end certificate
23.28may be
new text begin arenew text end obscured.
23.29(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
23.30permit parking in areas prohibited by sections
169.32 and
169.34, in designated no
23.31parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
23.32governmental unit may, by ordinance, prohibit parking on any street or highway to create
23.33a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
23.34these ordinances also apply to physically disabled persons.
24.1 Sec. 24. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
24.2amended to read:
24.3 Subdivision 1.
Six-axle vehicles. (a) A road authority may issue an annual permit
24.4authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
24.5raw or unprocessed agricultural products and be operated with a gross vehicle weight
24.6of up to:
24.7 (1) 90,000 pounds; and
24.8 (2) 99,000 pounds during the period set by the commissioner under section
169.826,
24.9subdivision 1
.
24.10 (b) Notwithstanding subdivision 4
new text begin 3new text end , paragraph (a), clause (4), a vehicle or
24.11combination of vehicles operated under this subdivision and transporting only sealed
24.12intermodal containers may be operated on an interstate highway if allowed by the United
24.13States Department of Transportation.
24.14 (c) The fee for a permit issued under this subdivision is $300.
24.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from July 1, 2008.new text end
24.16 Sec. 25. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
24.17to read:
24.18
new text begin Subd. 7.new text end new text begin Cargo tank vehicles.new text end new text begin (a) Weight restrictions imposed by the commissioner new text end
24.19
new text begin under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent new text end
24.20
new text begin axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted new text end
24.21
new text begin roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.new text end
24.22
new text begin (b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end
24.23
new text begin used for propane must have an operating gauge on the cargo tank that shows the amount of new text end
24.24
new text begin propane as a percent of capacity of the cargo tank. Documentation of the capacity of the new text end
24.25
new text begin cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of new text end
24.26
new text begin this subdivision, propane weighs 4.2 pounds per gallon.new text end
24.27
new text begin (c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle new text end
24.28
new text begin used for dyed fuel oil must utilize the forward two tank compartments and must carry new text end
24.29
new text begin documentation of the empty weight of the cargo tank vehicle from a certified scale in the new text end
24.30
new text begin cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds new text end
24.31
new text begin per gallon.new text end
24.32
new text begin (d) To the extent practicable, cargo tank vehicles that are exempt from weight new text end
24.33
new text begin restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted new text end
24.34
new text begin roads by 12:00 p.m. and before the last week of April.new text end
25.1 Sec. 26. Minnesota Statutes 2008, section 171.12, subdivision 6, is amended to read:
25.2 Subd. 6.
Certain convictions not recorded. (a) Except as provided in paragraph
25.3(b), the department shall not keep on the record of a driver any conviction for a violation
25.4of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
25.5than ten miles per hour in excess of a 55 miles per hour
new text begin thenew text end speed limit, or more than five
25.6miles per hour in excess of a 60 miles per hour speed limit.
25.7(b) This subdivision does not apply to (1) a violation that occurs in a commercial
25.8motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
25.9driver's license, without regard to whether the violation was committed in a commercial
25.10motor vehicle or another vehicle.
25.11 Sec. 27. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
25.12 Subdivision 1.
Department created. In order to provide a balanced
new text begin an integrated new text end
25.13transportation system, including
new text begin of new text end aeronautics, highways, motor carriers, ports, public
25.14transit, railroads, and pipelines,
new text begin and including facilities for walking and bicycling, new text end a
25.15Department of Transportation is created. The department is the principal agency of the
25.16state for development, implementation, administration, consolidation, and coordination of
25.17state transportation policies, plans, and programs.
25.18 Sec. 28. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
25.19 Subd. 2.
Transportation goals. The goals of the state transportation system are
25.20as follows:
25.21 (1) to provide safe transportation
new text begin minimize fatalities and injuries new text end for
new text begin transportation new text end
25.22users throughout the state;
25.23 (2) to provide multimodal and intermodal transportation that enhances mobility and
25.24economic development and provides access to all persons and businesses in Minnesota
25.25while ensuring that there is no
new text begin facilities and services to increase access for all persons and new text end
25.26
new text begin businesses and to ensure economic well-being and quality of life without new text end undue burden
25.27placed on any community;
25.28 (3) to provide a reasonable travel time for commuters;
25.29 (4) to
new text begin enhance economic development and new text end provide for the economical, efficient, and
25.30safe movement of goods to and from markets by rail, highway, and waterway;
25.31 (5) to encourage tourism by providing appropriate transportation to Minnesota
25.32facilities designed to attract tourists
new text begin and to enhance the appeal, through transportation new text end
25.33
new text begin investments, of tourist destinations across the statenew text end ;
26.1 (6) to provide transit services throughout
new text begin to all counties in new text end the state to meet the
26.2needs of transit users;
26.3 (7) to promote productivity
new text begin accountability new text end through system
new text begin systematic new text end management
26.4
new text begin of system performance new text end and
new text begin productivity through new text end the utilization of technological
26.5advancements;
26.6 (8) to maximize the long-term benefits received for each state transportation
26.7investment;
26.8 (9) to provide
new text begin for and prioritize new text end funding for
new text begin of new text end transportation
new text begin investments new text end that, at a
26.9minimum, preserves the transportation infrastructure
new text begin ensures that the state's transportation new text end
26.10
new text begin infrastructure is maintained in a state of good repairnew text end ;
26.11 (10) to ensure that the planning and implementation of all modes of transportation
26.12are consistent with the environmental and energy goals of the state;
26.13 (11) to promote and increase the use of high-occupancy vehicles and low-emission
26.14vehicles;
26.15 (12) to provide an air transportation system sufficient to encourage economic growth
26.16and allow all regions of the state the ability to participate in the global economy;
26.17 (13) to increase transit use
new text begin of transit as a percentage of all trips new text end statewide by giving
26.18highest priority to the transportation modes with the greatest people-moving capacity and
26.19lowest long-term economic and environmental cost;
26.20 (14) to promote and increase bicycling
new text begin and walking as a percentage of all trips new text end as an
26.21energy-efficient, nonpolluting, and healthful form
new text begin healthy forms new text end of transportation;
26.22 (15) to reduce greenhouse gas emissions from the state's transportation sector; and
26.23 (16) to accomplish these goals with minimal impact on the environment.
26.24 Sec. 29. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
26.25 Subd. 1a.
Mission; efficiency; legislative report, recommendations. It is part
26.26of the department's mission that within the department's resources the commissioner
26.27shall endeavor to:
26.28 (1) prevent the waste or unnecessary spending of public money;
26.29 (2) use innovative fiscal and human resource practices to manage the state's
26.30resources and operate the department as efficiently as possible;
26.31 (3) minimize the degradation of air and
new text begin ,new text end water quality
new text begin , and the climate, including new text end
26.32
new text begin reduction in greenhouse gas emissionsnew text end ;
26.33 (4) coordinate the department's activities wherever appropriate with the activities
26.34of other governmental agencies;
27.1 (5) use technology where appropriate to increase agency productivity, improve
27.2customer service, increase public access to information about government, and increase
27.3public participation in the business of government;
27.4 (6) utilize constructive and cooperative labor-management practices to the extent
27.5otherwise required by chapters 43A and 179A;
27.6 (7) report to the legislature on the performance of agency operations and the
27.7accomplishment of agency goals in the agency's biennial budget according to section
27.816A.10, subdivision 1
; and
27.9 (8) recommend to the legislature appropriate changes in law necessary to carry out
27.10the mission and improve the performance of the department.
27.11 Sec. 30. Minnesota Statutes 2008, section 174.185, is amended to read:
27.12
174.185 PAVEMENT LIFE-CYCLE COST ANALYSIS.
27.13 Subdivision 1.
Definitions. For the purposes of this section, the following
27.14definitions apply.
27.15 (a)
new text begin "Applicable project" means a trunk highway project in the statewide new text end
27.16
new text begin transportation improvement program categorized for construction, reconstruction, new text end
27.17
new text begin resurfacing, reconditioning, or road repair. Applicable project does not include (1) on new text end
27.18
new text begin a two-lane road, a main-line project in which there is less than two miles of length of new text end
27.19
new text begin roadway within the construction limits; and (2) on a multilane road, a main-line project in new text end
27.20
new text begin which there is less than 30,000 square yards of paving within the construction limits.new text end
27.21
new text begin (b) new text end "Life-cycle cost" is the sum of the cost of the initial pavement project and
27.22all anticipated costs for maintenance, repair, and resurfacing over the life of the
27.23pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected
27.24maintenance, repair, and resurfacing schedules, and costs determined by the Department
27.25of Transportation district personnel based upon recently awarded local projects and
27.26experience with local material costs.
27.27 (b)
new text begin (c)new text end "Life-cycle cost analysis" is a comparison of life-cycle costs among
27.28competing paving materials using equal design lives and equal comparison periods.
27.29
new text begin Subd. 1a.new text end new text begin Uniform standard.new text end new text begin By January 15, 2011, the commissioner shall develop new text end
27.30
new text begin a statewide uniform standard for life-cycle cost analysis based on the net present value new text end
27.31
new text begin method of comparative analysis of alternate paving materials from the Federal Highway new text end
27.32
new text begin Administration, United States Department of Transportation.new text end
27.33 Subd. 2.
Required analysis. For each
new text begin applicablenew text end project in the reconditioning,
27.34resurfacing, and road repair funding categories, the commissioner shall perform a
27.35life-cycle cost analysis and shall document the lowest life-cycle costs and all alternatives
28.1considered. The commissioner shall document the chosen pavement strategy and, if the
28.2lowest life cycle is not selected, document the justification for the chosen strategy. A
28.3life-cycle cost analysis is required for projects to be constructed after July 1
new text begin January 31new text end ,
28.42011. For projects to be constructed prior to July
new text begin before Februarynew text end 1, 2011, when feasible,
28.5the department will use its best efforts to perform life-cycle cost analyses.
28.6 Subd. 3.
Report. new text begin By January 15, 2012, and annually by January 15 thereafter, new text end the
28.7commissioner shall report annually to the chairs and ranking minority members of the
28.8senate and house of representatives committees with jurisdiction over transportation
28.9finance beginning on January 1, 2012,
new text begin on:new text end
28.10
new text begin (1) new text end the results of the analyses required in subdivision 2
new text begin ; andnew text end
28.11
new text begin (2) the results of alternative bidding under section 161.32, subdivision 8, including a new text end
28.12
new text begin listing of projects awarded using alternative bidding and projects identified as unsuitable new text end
28.13
new text begin for alternative biddingnew text end .
28.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
28.15 Sec. 31. Minnesota Statutes 2008, section 174.22, is amended by adding a subdivision
28.16to read:
28.17
new text begin Subd. 14a.new text end new text begin State sources of funds.new text end new text begin "State sources of funds" means funding for the new text end
28.18
new text begin public transit participation program appropriated from (1) the general fund, and (2) the new text end
28.19
new text begin greater Minnesota transit account.new text end
28.20 Sec. 32. Minnesota Statutes 2008, section 174.23, subdivision 1, is amended to read:
28.21 Subdivision 1.
General. new text begin (a) new text end The commissioner shall have all powers necessary and
28.22convenient to carry out the provisions of sections
174.21 to
174.27 including the power to:
28.23(1) review applications for financial assistance, execute contracts, and obligate
28.24and expend program funds, upon conditions and limitations as the commissioner deems
28.25necessary for purposes of program and project implementation, operation, and evaluation,
new text begin ;new text end
28.26(2) accept and disburse federal funds available for the purposes of sections
174.21 to
28.27174.27
, and
new text begin such funds are appropriated to the commissioner; andnew text end
28.28(3) act upon request as the designated agent of any eligible person for the receipt and
28.29disbursal of federal funds.
28.30
new text begin (b)new text end The commissioner shall perform the duties and exercise the powers under
28.31sections
174.21 to
174.27 in coordination with and in furtherance of statewide,
28.32regional, and local transportation plans and transportation development programs. The
28.33commissioner shall set guidelines for financial assistance under the public transit subsidy
28.34program. The commissioner shall present any proposed guidelines regarding public transit
29.1financial assistance to a legislative committee composed of equal numbers appointed by
29.2the house of representatives local and urban affairs and senate transportation committees.
29.3The commissioner shall not implement any new guidelines regarding public transit
29.4financial assistance, between the period January 1, 1981 to April 15, 1982, without the
29.5prior approval of that committee.
29.6 Sec. 33. Minnesota Statutes 2008, section 174.23, subdivision 2, is amended to read:
29.7 Subd. 2.
Financial assistancenew text begin ; application, approvalnew text end . new text begin (a) new text end The commissioner
29.8shall seek out and select eligible recipients of financial assistance under sections
174.21
29.9to
174.27.
29.10
new text begin (b)new text end The commissioner shall establish by rule the procedures and standards for review
29.11and approval of applications for financial assistance submitted to the commissioner
29.12pursuant to sections
174.21 to
174.27. Any applicant shall provide to the commissioner
29.13any financial or other information required by the commissioner to carry out the
29.14commissioner's duties. The commissioner may require local contributions from applicants
29.15as a condition for receiving financial assistance.
29.16
new text begin (c)new text end Before the commissioner approves any grant, the application for the grant shall
new text begin new text end
29.17
new text begin maynew text end be reviewed and approved by the appropriate regional development commission only
29.18for consistency with regional transportation plans and development guides. If an applicant
29.19proposes a project within the jurisdiction of a transit authority or commission or a transit
29.20system assisted or operated by a city or county, the application shall also be reviewed
29.21by that commission, authority, or political subdivision for consistency with its transit
29.22programs, policies, and plans. Any regional development commission that has not adopted
29.23a transportation plan may review but may not approve or disapprove of any application.
29.24 Sec. 34. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 1a, is
29.25amended to read:
29.26 Subd. 1a.
Transit service needs implementationnew text begin Greater Minnesota transit new text end
29.27
new text begin investmentnew text end plan. new text begin (a) new text end The commissioner shall develop a
new text begin greater Minnesota new text end transit service
29.28needs implementation
new text begin investmentnew text end plan that contains a goal of meeting at least 80 percent
29.29of unmet
new text begin totalnew text end transit service needs in greater Minnesota by July 1, 2015, and meeting at
29.30least 90 percent of unmet
new text begin totalnew text end transit service needs in greater Minnesota by July 1, 2025.
29.31
new text begin (b)new text end The plan must include, but is not limited to, the following:
29.32
new text begin (1)new text end an analysis of ridership and
new text begin totalnew text end transit service needs throughout greater
29.33Minnesota;
30.1
new text begin (2)new text end a calculation of unmet needs; an assessment of the level and type of service
30.2required to meet unmet
new text begin total transit servicenew text end needs
new text begin , for the transit system classifications new text end
30.3
new text begin as provided under subdivision 3b, paragraph (c), of urbanized area, small urban area, new text end
30.4
new text begin rural area, and elderly and disabled servicenew text end ;
30.5
new text begin (3)new text end an analysis of costs and revenue options; and,
30.6
new text begin (4)new text end a plan to reduce unmet
new text begin totalnew text end transit service needs as specified in this subdivision
new text begin ; new text end
30.7
new text begin andnew text end
30.8
new text begin (5) identification of the operating and capital costs necessary to meet 100 percent of new text end
30.9
new text begin the greater Minnesota transit targeted and projected bus service hours, as identified in the new text end
30.10
new text begin greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030new text end .
30.11
new text begin (c)new text end The plan must specifically address special transportation service ridership and
30.12needs. The plan must also provide that recipients of operating assistance under this
30.13section provide fixed route public transit service without charge for disabled veterans in
30.14accordance with subdivision 7. The commissioner may amend the plan as necessary, and
30.15may use all or part of the 2001 greater Minnesota public transportation plan created by the
30.16Minnesota Department of Transportation.
30.17 Sec. 35. Minnesota Statutes 2008, section 174.24, subdivision 2, is amended to read:
30.18 Subd. 2.
Eligibility; application. Any legislatively established public transit
30.19commission or authority, any county or statutory or home rule charter city providing
30.20financial assistance to or operating public transit, any private operator of public transit, or
30.21any combination thereof is eligible to receive financial assistance through the public transit
30.22participation program.
new text begin Except as provided in subdivision 2b for assistance provided from new text end
30.23
new text begin federal funds,new text end eligible recipients must be located outside of the metropolitan area.
30.24 Sec. 36. Minnesota Statutes 2008, section 174.24, is amended by adding a subdivision
30.25to read:
30.26
new text begin Subd. 2b.new text end new text begin Federal aid.new text end new text begin (a) The commissioner may accept and disburse federal funds new text end
30.27
new text begin received and appropriated under section 174.23, subdivision 1, as an additional source of new text end
30.28
new text begin funds for implementing the public transit participation program established in this section. new text end
30.29
new text begin This authority includes, but is not limited to:new text end
30.30
new text begin (1) adopting administrative rules to establish financial assistance allocation priorities, new text end
30.31
new text begin identify factors to consider in reviewing an applicant's management plan, evaluate a new text end
30.32
new text begin request for financial assistance, and determine the amount of financial assistance to be new text end
30.33
new text begin provided; andnew text end
31.1
new text begin (2) establishing project selection criteria under the United States Code, title 49, new text end
31.2
new text begin section 5311, state management plan as approved by the Federal Transit Administration, new text end
31.3
new text begin United States Department of Transportation.new text end
31.4
new text begin (b) If the commissioner accepts and disburses federal funds as provided in paragraph new text end
31.5
new text begin (a), the commissioner shall:new text end
31.6
new text begin (1) maintain separate accounts for (i) state sources of funds, and (ii) federal sources new text end
31.7
new text begin of funding; andnew text end
31.8
new text begin (2) ensure that all state sources of funds are only used for assistance to eligible new text end
31.9
new text begin recipients as provided in subdivision 2.new text end
31.10 Sec. 37. Minnesota Statutes 2008, section 174.24, subdivision 3b, is amended to read:
31.11 Subd. 3b.
Operating assistance; recipient classifications. (a) The commissioner
31.12shall determine the total operating cost of any public transit system receiving or applying
31.13for assistance in accordance with generally accepted accounting principles. To be eligible
31.14for financial assistance, an applicant or recipient shall provide to the commissioner
31.15all financial records and other information and shall permit any inspection reasonably
31.16necessary to determine total operating cost and correspondingly the amount of assistance
31.17that may be paid to the applicant or recipient. Where more than one county or municipality
31.18contributes assistance to the operation of a public transit system, the commissioner shall
31.19identify one as lead agency for the purpose of receiving money under this section.
31.20 (b) Prior to distributing operating assistance to eligible recipients for any contract
31.21period, the commissioner shall place all recipients into one of the following classifications:
31.22urbanized area service, small urban area service, rural area service, and elderly and
31.23disabled service.
31.24
new text begin (c)new text end The commissioner shall distribute funds under this section so that the percentage
31.25of total
new text begin contracted new text end operating cost paid by any recipient from local sources will not exceed
31.26the percentage for that recipient's classification, except as provided in an undue hardship
31.27case
new text begin this subdivisionnew text end . The percentages must be:
31.28
new text begin (1)new text end for urbanized area service and small urban area service, 20 percent;
31.29
new text begin (2)new text end for rural area service, 15 percent; and
31.30
new text begin (3)new text end for elderly and disabled service, 15 percent.
31.31
new text begin Except as provided in a United States Department of Transportation program allowing new text end
31.32
new text begin or requiring a lower percentage to be paid from local sources, new text end the remainder of the
31.33
new text begin recipient's new text end total
new text begin contracted new text end operating cost will be paid from state
new text begin sources ofnew text end funds less any
31.34assistance received by the recipient from any federal source
new text begin the United States Department new text end
31.35
new text begin of Transportationnew text end .
32.1
new text begin (d)new text end For purposes of this subdivision, "local sources" means all local sources of funds
32.2and includes all operating revenue, tax levies, and contributions from public funds, except
32.3that the commissioner may exclude from the total assistance contract revenues derived
32.4from operations the cost of which is excluded from the computation of total operating
32.5cost. Total operating costs of the Duluth Transit Authority or a successor agency does
32.6not include costs related to the Superior, Wisconsin service contract and the Independent
32.7School District No. 709 service contract.
32.8 (c)
new text begin (e)new text end If a recipient informs the commissioner in writing after the establishment of
32.9these percentages but prior to the distribution of financial assistance for any year that
32.10paying its designated percentage of total operating cost from local sources will cause
32.11undue hardship, the commissioner may reduce the percentage to be paid from local
32.12sources by the recipient and increase the percentage to be paid from local sources by one
32.13or more other recipients inside or outside the classification. However, the commissioner
32.14may not reduce or increase any recipient's percentage under this paragraph for more than
32.15two years successively. If for any year the funds appropriated to the commissioner to carry
32.16out the purposes of this section are insufficient to allow the commissioner to pay the state
32.17share of total operating cost as provided in this paragraph, the commissioner shall reduce
32.18the state share in each classification to the extent necessary.
32.19 Sec. 38. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 5, is
32.20amended to read:
32.21 Subd. 5.
Method of payment, operating assistance. Payments for operating
32.22assistance under this section
new text begin from state sources of fundsnew text end must be made in the following
32.23manner:
32.24 (a) For payments made from the general fund:
32.25 (1) 50 percent of the total contract amount in or before the first month of operation;
32.26 (2) 40 percent of the total contract amount in or before the seventh month of
32.27operation;
32.28 (3) 9 percent of the total contract amount in or before the 12th month of operation;
32.29and
32.30 (4) 1 percent of the total contract amount after the final audit.
32.31 (b) For payments made from the greater Minnesota transit account:
32.32 (1) 50 percent of the total contract amount in or before the seventh month of
32.33operation; and
32.34 (2) 50 percent of the total contract amount in or before the 11th month of operation.
33.1 Sec. 39. Minnesota Statutes 2008, section 174.247, is amended to read:
33.2
174.247 ANNUAL TRANSIT REPORT.
33.3 (a) By February 15 annually, the commissioner shall submit a report to the legislature
33.4on transit services outside the metropolitan area. The Metropolitan Council and any
33.5public transit system receiving assistance under section
174.24 shall provide assistance
33.6in creating the report, as requested by the commissioner.
33.7 (b) The report must include, at a minimum, the following:
33.8 (1) a descriptive overview of public transit in Minnesota;
33.9 (2) a descriptive summary of funding sources and assistance programs;
33.10 (3) a summary of each public transit system receiving assistance under section
33.11174.24
;
33.12 (4) data that identifies use of volunteers in providing transit service;
33.13 (5) financial data that identifies operating and capital costs, and funding sources,
33.14for each public transit system and for each transit system classification under section
33.15174.24, subdivision 3b
new text begin :new text end
33.16
new text begin (i) the operating and capital costs;new text end
33.17
new text begin (ii) each of the funding sources used to provide financial assistancenew text end ; and
33.18
new text begin (iii) for federal funds, the amount from each specific federal program under which new text end
33.19
new text begin funding is provided;new text end
33.20 (6)
new text begin a summary of the differences in program implementation requirements and aid new text end
33.21
new text begin recipient eligibility between federal aid and state sources of funds;new text end
33.22
new text begin (7) in each odd-numbered year, an analysis of public transit system needs and new text end
33.23
new text begin operating expenditures on an annual basis, which must include a methodology for new text end
33.24
new text begin identifying monetary needs, and calculations of:new text end
33.25
new text begin (i) the total monetary needs for all public transit systems, for the year of the report new text end
33.26
new text begin and the ensuing five years;new text end
33.27
new text begin (ii) the total expenditures from local sources for each transit system classification;new text end
33.28
new text begin (iii) the comprehensive transit assistance percentage for each transit system new text end
33.29
new text begin classification, which equals (A) the expenditures identified under clause (7), item (ii), for new text end
33.30
new text begin a transit system classification, divided by (B) the amounts identified under subitem (A), new text end
33.31
new text begin plus the sum of state sources of funds plus federal funds provided to all transit systems new text end
33.32
new text begin in that classification; andnew text end
33.33
new text begin (iv) new text end in each odd-numbered year, beginning in 2009, a calculation of the amounts
new text begin the new text end
33.34
new text begin amountnew text end of surplus or insufficient funds available for (i) paying the state share of transit
33.35operating costs under section
174.24, subdivision 3b, and (ii) paying capital and operating
34.1costs to fully implement the transit service needs implementation
new text begin greater Minnesota transit new text end
34.2
new text begin investmentnew text end plan under section
174.24, subdivision 1a.
34.3 Sec. 40.
new text begin [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.new text end
34.4
new text begin Subdivision 1.new text end new text begin Council established.new text end new text begin A Minnesota Council on Transportation new text end
34.5
new text begin Access is established to study, evaluate, oversee, and make recommendations to improve new text end
34.6
new text begin the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of new text end
34.7
new text begin transportation services provided to the transit public. "Transit public" means those persons new text end
34.8
new text begin who utilize public transit and those who, because of mental or physical disability, income new text end
34.9
new text begin status, or age are unable to transport themselves and are dependent upon others for new text end
34.10
new text begin transportation services.new text end
34.11
new text begin Subd. 2.new text end new text begin Duties of council.new text end new text begin In order to accomplish the purposes in subdivision new text end
34.12
new text begin 1, the council, following consultation with the legislative committees or divisions new text end
34.13
new text begin with jurisdiction over transportation policy and budget, or with appropriate legislative new text end
34.14
new text begin transportation subcommittees, shall adopt a biennial work plan that must incorporate new text end
34.15
new text begin the following activities:new text end
34.16
new text begin (1) compile information on existing transportation alternatives for the transit public, new text end
34.17
new text begin and serve as a clearinghouse for information on services, funding sources, innovations, new text end
34.18
new text begin and coordination efforts;new text end
34.19
new text begin (2) identify best practices and strategies that have been successful in Minnesota and new text end
34.20
new text begin in other states for coordination of local, regional, state, and federal funding and services;new text end
34.21
new text begin (3) recommend statewide objectives for providing public transportation services new text end
34.22
new text begin for the transit public;new text end
34.23
new text begin (4) identify barriers prohibiting coordination and accessibility of public new text end
34.24
new text begin transportation services and aggressively pursue the elimination of those barriers;new text end
34.25
new text begin (5) recommend policies and procedures for coordinating local, regional, state, and new text end
34.26
new text begin federal funding and services for the transit public;new text end
34.27
new text begin (6) identify stakeholders in providing services for the transit public, and seek input new text end
34.28
new text begin from them concerning barriers and appropriate strategies;new text end
34.29
new text begin (7) recommend guidelines for developing transportation coordination plans new text end
34.30
new text begin throughout the state;new text end
34.31
new text begin (8) encourage all state agencies participating in the council to purchase trips within new text end
34.32
new text begin the coordinated system;new text end
34.33
new text begin (9) facilitate the creation and operation of transportation brokerages to match new text end
34.34
new text begin riders to the appropriate service, promote shared dispatching, compile and disseminate new text end
34.35
new text begin information on transportation options, and promote regional communication;new text end
35.1
new text begin (10) encourage volunteer driver programs and recommend legislation to address new text end
35.2
new text begin liability and insurance issues;new text end
35.3
new text begin (11) recommend minimum performance standards for delivery of services;new text end
35.4
new text begin (12) identify methods to eliminate fraud and abuse in special transportation services;new text end
35.5
new text begin (13) develop a standard method for addressing liability insurance requirements for new text end
35.6
new text begin transportation services purchased, provided, or coordinated;new text end
35.7
new text begin (14) design and develop a contracting template for providing coordinated new text end
35.8
new text begin transportation services;new text end
35.9
new text begin (15) recommend an interagency uniform contracting and billing and accounting new text end
35.10
new text begin system for providing coordinated transportation services;new text end
35.11
new text begin (16) encourage the design and development of training programs for coordinated new text end
35.12
new text begin transportation services; new text end
35.13
new text begin (17) encourage the use of public school transportation vehicles for the transit public;new text end
35.14
new text begin (18) develop an allocation methodology that equitably distributes transportation new text end
35.15
new text begin funds to compensate units of government and all entities that provide coordinated new text end
35.16
new text begin transportation services;new text end
35.17
new text begin (19) identify policies and necessary legislation to facilitate vehicle sharing; andnew text end
35.18
new text begin (20) advocate aggressively for eliminating barriers to coordination, implementing new text end
35.19
new text begin coordination strategies, enacting necessary legislation, and appropriating resources to new text end
35.20
new text begin achieve the council's objectives.new text end
35.21
new text begin Subd. 3.new text end new text begin Coordination with legislative committees.new text end new text begin The council shall coordinate new text end
35.22
new text begin its meeting schedule and activities pursuant to its work plan, to the extent practicable, with new text end
35.23
new text begin legislative committees and divisions with jurisdiction over transportation budget and new text end
35.24
new text begin policy, or with appropriate subcommittees. The chairperson of the council shall act as new text end
35.25
new text begin a liaison with the chairs and ranking minority members of the legislative transportation new text end
35.26
new text begin committees, divisions, and appropriate subcommittees, in carrying out these duties.new text end
35.27
new text begin Subd. 4.new text end new text begin Membership.new text end new text begin (a) The council is composed of the following 13 members:new text end
35.28
new text begin (1) one representative from the Office of the Governor;new text end
35.29
new text begin (2) one representative from the Council on Disability;new text end
35.30
new text begin (3) one representative from the Minnesota Public Transit Association;new text end
35.31
new text begin (4) the commissioner of transportation or a designee;new text end
35.32
new text begin (5) the commissioner of human services or a designee;new text end
35.33
new text begin (6) the commissioner of health or a designee;new text end
35.34
new text begin (7) the chair of the Metropolitan Council or a designee;new text end
35.35
new text begin (8) the commissioner of education or a designee;new text end
35.36
new text begin (9) the commissioner of veterans affairs or a designee;new text end
36.1
new text begin (10) one representative from the Board on Aging;new text end
36.2
new text begin (11) the commissioner of employment and economic development or a designee;new text end
36.3
new text begin (12) the commissioner of commerce or a designee; andnew text end
36.4
new text begin (13) the commissioner of management and budget or a designee.new text end
36.5
new text begin (b) All appointments required by paragraph (a) must be completed by August new text end
36.6
new text begin 1, 2010.new text end
36.7
new text begin (c) The commissioner of transportation or a designee shall convene the first meeting new text end
36.8
new text begin of the council within two weeks after the members have been appointed to the council. new text end
36.9
new text begin The members shall elect a chairperson from their membership at the first meeting.new text end
36.10
new text begin (d) The Department of Transportation and the Department of Human Services shall new text end
36.11
new text begin provide necessary staff support for the council.new text end
36.12
new text begin Subd. 5.new text end new text begin Report.new text end new text begin By January 15 of each year, beginning in 2012, the council shall new text end
36.13
new text begin report its findings, recommendations, and activities to the governor's office and to the new text end
36.14
new text begin chairs and ranking minority members of the legislative committees with jurisdiction new text end
36.15
new text begin over transportation, health, and human services, and to the legislature as provided under new text end
36.16
new text begin section 3.195.new text end
36.17
new text begin Subd. 6.new text end new text begin Reimbursement.new text end new text begin Members of the council shall receive reimbursement new text end
36.18
new text begin of expenses as provided in section 15.059, subdivision 3.new text end
36.19
new text begin Subd. 7.new text end new text begin Expiration.new text end new text begin This section expires June 30, 2014.new text end
36.20 Sec. 41. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
36.21 Subd. 5.
Commuter Rail Corridor Coordinating Committee. (a) A Commuter
36.22Rail Corridor Coordinating Committee shall be
new text begin isnew text end established to advise the commissioner
36.23on issues relating to the alternatives analysis, environmental review, advanced corridor
36.24planning, preliminary engineering, final design, implementation method, construction of
36.25commuter rail, public involvement, land use, service, and safety. The Commuter Rail
36.26Corridor Coordinating Committee shall consist of:
36.27(1) one member representing each significant funding partner in whose jurisdiction
36.28the line or lines are located;
36.29(2) one member appointed by each county in which the corridors are located;
36.30(3) one member appointed by each city in which advanced corridor plans indicate
36.31that a station may be located;
36.32(4) two members appointed by the commissioner, one of whom shall be designated
36.33by the commissioner as the chair of the committee;
36.34(5) one member appointed by each metropolitan planning organization through
36.35which the commuter rail line may pass; and
37.1(6) one member appointed by the president of the University of Minnesota, if a
37.2designated corridor provides direct service to the university.
new text begin ; andnew text end
37.3
new text begin (7) two ex-officio members who are members of labor organizations operating new text end
37.4
new text begin in, and with authority for, trains or rail yards or stations junctioning with freight and new text end
37.5
new text begin commuter rail lines on corridors, with one member appointed by the speaker of the house new text end
37.6
new text begin and the other member appointed by the senate Rules and Administration Subcommittee new text end
37.7
new text begin on Committees.new text end
37.8(b) A joint powers board existing on April 1, 1999, consisting of local governments
37.9along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
37.10place of the committee.
37.11(c) Notwithstanding section
15.059, subdivision 5, the committee does not expire.
37.12 Sec. 42. Minnesota Statutes 2008, section 219.01, is amended to read:
37.13
219.01 TRACK SAFETY STANDARDSnew text begin ; SAFETY TECHNOLOGY GRANTSnew text end .
37.14
new text begin (a) new text end The track safety standards of the United States Department of Transportation and
37.15Federal Railroad Administration apply to railroad trackage and are the standards for the
37.16determination of unsafe trackage within the state.
37.17
new text begin (b) The commissioner of transportation shall apply to the Federal Railroad new text end
37.18
new text begin Administration under Public Law 110-432, the Railroad Safety Enhancement Act of new text end
37.19
new text begin 2008 (the act), for (1) railroad safety technology grant funding available under section new text end
37.20
new text begin 105 of the act and (2) development and installation of rail safety technology, including new text end
37.21
new text begin provision for switch position indicator signals in nonsignalized main track territory, new text end
37.22
new text begin under section 406 of the act. The commissioner shall respond and make application to new text end
37.23
new text begin the Federal Railroad Administration notice of funds availability under the Rail Safety new text end
37.24
new text begin Assurance Act in a timely manner and before the date of the program deadline to assure new text end
37.25
new text begin full consideration of the application. The commissioner shall (i) prioritize grant requests new text end
37.26
new text begin for the installation of switch indicator signals on all segments of nonsignalized track new text end
37.27
new text begin where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in new text end
37.28
new text begin each year after 2010 until all nonsignalized track territory in the state has switch indicator new text end
37.29
new text begin signals installed and in operation.new text end
37.30
new text begin (c) Prior to applying for funds under paragraph (b), the commissioner shall solicit new text end
37.31
new text begin grant requests from all eligible railroads. The commissioner shall submit written notice to new text end
37.32
new text begin the chairs of the legislative committees with jurisdiction over transportation policy and new text end
37.33
new text begin finance of an acceptance by a class I or class II railroad of federal grant program funding new text end
37.34
new text begin for switch point indicator monitor systems.new text end
38.1
new text begin (d) Participating railroads shall provide the 20 percent nonfederal match. Railroads new text end
38.2
new text begin shall provide all technical documentation requested by the commissioner and required by new text end
38.3
new text begin the Federal Railroad Administration for the applications under paragraph (b). Railroads new text end
38.4
new text begin are responsible for developing, acquiring, and installing all rail safety technology obtained new text end
38.5
new text begin under this section in accordance with requirements established by the Federal Railroad new text end
38.6
new text begin Administration.new text end
38.7 Sec. 43. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
38.8to read:
38.9
new text begin Subd. 27a.new text end new text begin Motor carrier of railroad employees.new text end new text begin "Motor carrier of railroad new text end
38.10
new text begin employees" means a motor carrier engaged in the for-hire transportation of railroad new text end
38.11
new text begin employees of a class I or II common carrier, as defined in Code of Federal Regulations, new text end
38.12
new text begin title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with new text end
38.13
new text begin a common carrier, as defined in section 218.011, subdivision 10.new text end
38.14 Sec. 44. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
38.15 Subd. 38.
Small vehicle passenger service. (a) "Small vehicle passenger service"
38.16means a service provided by a person engaged in the for-hire transportation of passengers
38.17in a vehicle designed to transport seven or fewer persons, including the driver.
38.18(b) In the metropolitan area as defined in section
473.121, subdivision 2, "small
38.19vehicle passenger service" also includes for-hire transportation of persons who are certified
38.20by the Metropolitan Council to use special transportation service provided under section
38.21473.386
, in a vehicle designed to transport not more than 15 persons including the driver,
38.22that is equipped with a wheelchair lift and at least three wheelchair securement positions.
38.23
new text begin (c) Small vehicle passenger service does not include a motor carrier of railroad new text end
38.24
new text begin employees.new text end
38.25 Sec. 45.
new text begin [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.new text end
38.26
new text begin (a) A motor carrier of railroad employees must meet the requirements specified in new text end
38.27
new text begin this section, is subject to section 221.291, and is otherwise exempt from the provisions new text end
38.28
new text begin of this chapter.new text end
38.29
new text begin (b) A vehicle operator for a motor carrier of railroad employees who transports new text end
38.30
new text begin passengers must:new text end
38.31
new text begin (1) have a valid driver's license under chapter 171; andnew text end
38.32
new text begin (2) submit to a physical examination.new text end
39.1
new text begin (c) The carrier must implement a policy that provides for annual training and new text end
39.2
new text begin certification of the operator in:new text end
39.3
new text begin (1) safe operation of the vehicle transporting railroad employees;new text end
39.4
new text begin (2) knowing and understanding relevant laws, rules of the road, and safety policies;new text end
39.5
new text begin (3) handling emergency situations;new text end
39.6
new text begin (4) proper use of seat belts;new text end
39.7
new text begin (5) performance of pretrip and posttrip vehicle inspections, and inspection record new text end
39.8
new text begin keeping; andnew text end
39.9
new text begin (6) proper maintenance of required records.new text end
39.10
new text begin (d) The carrier must:new text end
39.11
new text begin (1) perform a background check or background investigation of the operator;new text end
39.12
new text begin (2) annually verify the operator's driver's license;new text end
39.13
new text begin (3) document meeting the requirements in this subdivision, and maintain the file new text end
39.14
new text begin at the carrier's business location;new text end
39.15
new text begin (4) maintain liability insurance in a minimum amount of $5,000,000 regardless new text end
39.16
new text begin of the seating capacity of the vehicle; andnew text end
39.17
new text begin (5) maintain uninsured and underinsured coverage in a minimum amount of new text end
39.18
new text begin $1,000,000.new text end
39.19
new text begin If a party contracts with the motor carrier on behalf of the railroad to transport the railroad new text end
39.20
new text begin employees, then the insurance requirements may be satisfied by either that party or the new text end
39.21
new text begin motor carrier, so long as the motor carrier is a named insured or additional insured under new text end
39.22
new text begin any policy.new text end
39.23
new text begin (e) A person who sustains a conviction of violating section new text end
new text begin , new text end
new text begin , new text end
39.24
new text begin , or new text end
new text begin , or whose driver's license is revoked under sections new text end
new text begin to new text end
39.25
new text begin of the implied consent law, or who is convicted of or has their driver's license new text end
39.26
new text begin revoked under a similar statute or ordinance of another state, may not operate a vehicle new text end
39.27
new text begin under this subdivision for five years from the date of conviction. A person who sustains a new text end
39.28
new text begin conviction of a moving offense in violation of chapter 169 within three years of the first new text end
39.29
new text begin of three other moving offenses may not operate a vehicle under this subdivision for one new text end
39.30
new text begin year from the date of the last conviction. A person who has ever been convicted of a new text end
39.31
new text begin disqualifying offense as defined in section new text end
new text begin 171.3215, subdivision 1new text end new text begin , paragraph (c), may new text end
39.32
new text begin not operate a vehicle under this subdivision.new text end
39.33
new text begin (f) An operator who sustains a conviction as described in paragraph (e) while new text end
39.34
new text begin employed by the carrier shall report the conviction to the carrier within ten days of the new text end
39.35
new text begin date of the conviction.new text end
40.1
new text begin (g) A carrier must implement a mandatory alcohol and controlled substance testing new text end
40.2
new text begin program as provided under sections 181.950 to 181.957 that consists of preemployment new text end
40.3
new text begin testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty new text end
40.4
new text begin testing, and follow-up testing.new text end
40.5
new text begin (h) A motor carrier of railroad employees shall not allow or require a driver to drive new text end
40.6
new text begin or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours new text end
40.7
new text begin of combined on-duty time and drive time since last obtaining eight consecutive hours of new text end
40.8
new text begin off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive new text end
40.9
new text begin days. After 24 hours off duty, a driver begins a new seven consecutive day period and new text end
40.10
new text begin on-duty time is reset to zero.new text end
40.11
new text begin (i) An operator who encounters an emergency and cannot, because of that new text end
40.12
new text begin emergency, safely complete a transportation assignment within the ten-hour maximum new text end
40.13
new text begin driving time permitted under paragraph (h), may drive for not more than two additional new text end
40.14
new text begin hours in order to complete that transportation assignment or to reach a place offering new text end
40.15
new text begin safety for the occupants of the vehicle and security for the transport motor vehicle, if the new text end
40.16
new text begin transportation assignment reasonably could have been completed within the ten-hour new text end
40.17
new text begin period absent the emergency.new text end
40.18
new text begin (j) A carrier shall maintain and retain for a period of six months accurate time new text end
40.19
new text begin records that show the time the driver reports for duty each day; the total number of hours new text end
40.20
new text begin of on-duty time for each driver for each day; the time the driver is released from duty each new text end
40.21
new text begin day; and the total number of hours driven each day.new text end
40.22
new text begin (k) For purposes of this subdivision, the following terms have the meanings given:new text end
40.23
new text begin (1) "conviction" has the meaning given in section 609.02; andnew text end
40.24
new text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a new text end
40.25
new text begin contract carrier or on any public property waiting to be dispatched. On-duty time includes new text end
40.26
new text begin time spent inspecting, servicing, or conditioning the vehicle.new text end
40.27
new text begin EFFECTIVE DATE.new text end new text begin Paragraph (d), clause (5), is effective July 1, 2011.new text end
40.28 Sec. 46. Minnesota Statutes 2009 Supplement, section 299D.03, subdivision 5, is
40.29amended to read:
40.30 Subd. 5.
Traffic fines and forfeited bail money. (a) All fines and forfeited bail
40.31money collected from persons apprehended or arrested by officers of the State Patrol
40.32shall be transmitted by the person or officer collecting the fines, forfeited bail money,
40.33or installments thereof, on or before the tenth day after the last day of the month in
40.34which these moneys were collected, to the commissioner of management and budget.
40.35Except where a different disposition is required in this subdivision or section
387.213, or
41.1otherwise provided by law, three-eighths of these receipts must be deposited in the state
41.2treasury and credited to the state general fund. The other five-eighths of these receipts
41.3must be deposited in the state treasury and credited as follows: (1) the first $600,000
new text begin new text end
41.4
new text begin $1,000,000new text end in each fiscal year must be credited to the Minnesota grade crossing safety
41.5account in the special revenue fund, and (2) remaining receipts must be credited to the state
41.6trunk highway fund. If, however, the violation occurs within a municipality and the city
41.7attorney prosecutes the offense, and a plea of not guilty is entered, one-third of the receipts
41.8shall be deposited in the state treasury and credited to the state general fund, one-third of
41.9the receipts shall be paid to the municipality prosecuting the offense, and one-third shall be
41.10deposited in the state treasury and credited to the Minnesota grade crossing safety account
41.11or the state trunk highway fund as provided in this paragraph. When section
387.213 also
41.12is applicable to the fine, section
387.213 shall be applied before this paragraph is applied.
41.13All costs of participation in a nationwide police communication system chargeable to the
41.14state of Minnesota shall be paid from appropriations for that purpose.
41.15(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
41.16from violations of statutes governing the maximum weight of motor vehicles, collected
41.17from persons apprehended or arrested by employees of the state of Minnesota, by means
41.18of stationary or portable scales operated by these employees, shall be transmitted by the
41.19person or officer collecting the fines or forfeited bail money, on or before the tenth day
41.20after the last day of the month in which the collections were made, to the commissioner
41.21of management and budget. Five-eighths of these receipts shall be deposited in the state
41.22treasury and credited to the state highway user tax distribution fund. Three-eighths of
41.23these receipts shall be deposited in the state treasury and credited to the state general fund.
41.24 Sec. 47. Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read:
41.25 Subd. 3.
Municipality. "Municipality" does not include a county unless the county
41.26owns or controls an airport, in which case such county may exercise all the powers
41.27granted by said sections to other municipalities. It specifically includes a town,
new text begin an airport new text end
41.28
new text begin authority,new text end the Metropolitan Airports Commission established and operated pursuant to
41.29chapter 473, and the state of Minnesota.
41.30 Sec. 48. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:
41.31 Subd. 2a.
Hardshipnew text begin Loans fornew text end acquisition and relocation. (a) The council may
41.32make hardship loans to acquiring authorities within the metropolitan area to purchase
41.33homestead property located in a proposed state trunk highway right-of-way or project,
41.34and to provide relocation assistance. Acquiring authorities are authorized to accept the
42.1loans and to acquire the property. Except as provided in this subdivision, the loans shall
42.2be made as provided in subdivision 2. Loans shall be in the amount of the fair market
42.3value of the homestead property plus relocation costs and less salvage value. Before
42.4construction of the highway begins, the acquiring authority shall convey the property to
42.5the commissioner of transportation at the same price it paid, plus relocation costs and less
42.6its salvage value. Acquisition and assistance under this subdivision must conform to
42.7sections
117.50 to
117.56.
42.8(b) The council may make hardship loans only when:
42.9(1) the owner of affected homestead property requests acquisition and relocation
42.10assistance from an acquiring authority;
42.11(2) federal or state financial participation is not available;
42.12(3) the owner is unable to sell the homestead property at its appraised market
42.13value because the property is located in a proposed state trunk highway right-of-way or
42.14project as indicated on an official map or plat adopted under section
160.085,
394.361, or
42.15462.359
;
new text begin andnew text end
42.16(4) the council agrees to and approves the fair market value of the homestead
42.17property, which approval shall not be unreasonably withheld; and
new text begin .new text end
42.18(5) the owner of the homestead property is burdened by circumstances that constitute
42.19a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
42.20the owner's employer to a distant site of employment; or inability of the owner to maintain
42.21the property due to physical or mental disability or the permanent departure of children
42.22from the homestead.
42.23(c) For purposes of this subdivision, the following terms have the meanings given
42.24them.
42.25(1) "Acquiring authority" means counties, towns, and statutory and home rule
42.26charter cities in the metropolitan area.
42.27(2) "Homestead property" means
new text begin (i)new text end a single-family dwelling occupied by the owner,
42.28and the surrounding land, not exceeding a total of ten acres
new text begin ; or (ii) a manufactured home, new text end
42.29
new text begin as defined in section 327B.01, subdivision 13new text end .
42.30(3) "Salvage value" means the probable sale price of the dwelling and other property
42.31that is severable from the land if offered for sale on the condition that it be removed from
42.32the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
42.33of the possible uses of the property, including separate use of serviceable components and
42.34scrap when there is no other reasonable prospect of sale.
42.35 Sec. 49. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:
43.1 Subd. 5.
Use of public roadways and appurtenances. The council may use for the
43.2purposes of sections
473.405 to
473.449 upon the conditions stated in this subdivision
43.3any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
43.4other appurtenance of a roadway, without payment of any compensation, provided the
43.5use does not interfere unreasonably with the public use or maintenance of the roadway or
43.6appurtenance or entail any substantial additional costs for maintenance. The provisions of
43.7this subdivision do not apply to the property of any common carrier railroad or common
43.8carrier railroads. The consent of the public agency in charge of such state highway or other
43.9public highway or roadway or appurtenance is not required; except that if the council seeks
43.10to use a designated parkway for regular route service in the city of Minneapolis, it must
43.11obtain permission from and is subject to reasonable limitations imposed by a joint board
43.12consisting of two representatives from the council, two members of the board of park
43.13commissioners, and a fifth member jointly selected by the representatives of the council
43.14and the park
new text begin other members of thenew text end board.
new text begin If the use is a designated Minneapolis parkway new text end
43.15
new text begin for regular route service adjacent to the city of Minneapolis, it must obtain permission new text end
43.16
new text begin from and is subject to reasonable limitations imposed by a joint board consisting of two new text end
43.17
new text begin representatives from the council, two members of the board of park commissioners, and a new text end
43.18
new text begin fifth member jointly selected by other members of the board. The joint board must include new text end
43.19
new text begin a nonvoting member appointed by the council of the city in which the parkway is located.new text end
43.20The board of park commissioners and the council may designate persons to sit on
43.21the joint board. In considering a request by the council to use designated parkways for
43.22additional routes or trips, the joint board consisting of the council or their designees,
43.23the board of park commissioners or their designees, and the fifth member, shall base its
43.24decision to grant or deny the request based on the criteria to be established by the joint
43.25board. The decision to grant or deny the request must be made within 45 days of the
43.26date of the request. The park board must be notified immediately by the council of any
43.27temporary route detours. If the park board objects to the temporary route detours within
43.28five days of being notified, the joint board must convene and decide whether to grant the
43.29request, otherwise the request is deemed granted. If the agency objects to the proposed
43.30use or claims reimbursement from the council for additional cost of maintenance, it may
43.31commence an action against the council in the district court of the county wherein the
43.32highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
43.33in the action must conform to the Rules of Civil Procedure applicable to the district courts.
43.34The court shall sit without jury. If the court determines that the use in question interferes
43.35unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
43.36enjoin the use by the council. If the court determines that the use in question does not
44.1interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
44.2but that it entails substantial additional maintenance costs, the court shall award judgment
44.3to the agency for the amount of the additional costs. Otherwise the court shall award
44.4judgment to the council. An aggrieved party may appeal from the judgment of the district
44.5court in the same manner as is provided for such appeals in other civil actions. The council
44.6may also use land within the right-of-way of any state highway or other public roadway
44.7for the erection of traffic control devices, other signs, and passenger shelters upon the
44.8conditions stated in this subdivision and subject only to the approval of the commissioner
44.9of transportation where required by statute, and subject to the express provisions of other
44.10applicable statutes and to federal requirements where necessary to qualify for federal aid.
44.11 Sec. 50. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
44.12 Subd. 1a.
Towed motor vehicles. A person who tows and stores a motor vehicle
44.13at the request of a law enforcement officer shall have a lien on the motor vehicle for the
44.14value of the storage and towing and the right to retain possession of the motor vehicle
44.15until the lien is lawfully discharged. This section does not apply to tows authorized
44.16in section
169.041, subdivision 4, clause (1)
new text begin of vehicles parked in violation of snow new text end
44.17
new text begin emergency regulationsnew text end .
44.18 Sec. 51. Laws 2008, chapter 287, article 1, section 122, is amended to read:
44.19 Sec. 122.
NULLIFICATION OF EXPEDITED TOWN ROAD
44.20
EXTINGUISHMENT.
44.21 (a) Any extinguishment of town interest in a town road under Minnesota Statutes,
44.22section
164.06, subdivision 2, is hereby nullified if:
44.23 (1) the interest was not recorded or filed with the county recorder but was recorded
44.24or filed with the county auditor prior to 1972;
44.25 (2) the state or a political subdivision has constructed
new text begin or fundednew text end a road or bridge
44.26improvement on a right-of-way affected by the interest;
44.27 (3) the affected road was the only means of access to a property;
44.28 (4) the extinguishment took place within the last ten years; and
44.29 (5) a person whose only access to property was lost because of the extinguishment
44.30files a petition of a nullification with the town board stating that the person's property
44.31became landlocked because of the extinguishment and that the road satisfies all of the
44.32requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
44.33recorded with the county auditor must be attached to the petition. The town shall file the
44.34petition with the county auditor and record it with the county recorder.
45.1 (b) Notwithstanding Minnesota Statutes, sections
164.08, subdivision 1, and
45.2541.023
, for any nullification under paragraph (a), the affected road is hereby deemed to
45.3be a cartway. No additional damages or other payments may be required other than those
45.4paid at the time the fee interest was originally acquired and the order filed with the county
45.5auditor. A cartway created by this paragraph may be converted to a private driveway
45.6under Minnesota Statutes, section
164.08, subdivision 2.
45.7 (c) For purposes of this section, "affected road" means the road in which the town
45.8board extinguished its interest.
45.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
45.10 Sec. 52. Laws 2008, chapter 350, article 1, section 5, the effective date, is amended to
45.11read:
45.12
EFFECTIVE DATE.Paragraph (b) and paragraph (c), clause (1), are effective the
45.13day following final enactment and apply to any additional tax for a registration period
45.14that starts on or after March 1, 2011
new text begin 2012new text end .
45.15 Sec. 53.
new text begin ROUNDABOUTS DESIGN.new text end
45.16
new text begin (a) The commissioner of transportation shall, as part of the next regular update of new text end
45.17
new text begin appropriate design and highway construction manuals, develop specifications or standards new text end
45.18
new text begin on the design of roundabouts. The specifications or standards must include consideration new text end
45.19
new text begin of the suitability of roundabout designs for commercial motor vehicles, as defined in new text end
45.20
new text begin Minnesota Statutes, section 169.011, subdivision 16, and disabled persons as defined new text end
45.21
new text begin by Minnesota Statutes, section 256.481.new text end
45.22
new text begin (b) In developing the specifications or standards, the commissioner shall consult new text end
45.23
new text begin with:new text end
45.24
new text begin (1) the Minnesota Trucking Association;new text end
45.25
new text begin (2) representatives, as identified by the commissioner, of persons who regularly new text end
45.26
new text begin obtain oversize or overweight permits under Minnesota Statutes, chapter 169, and are new text end
45.27
new text begin reasonably likely to travel on routes that would include a roundabout; andnew text end
45.28
new text begin (3) the Council on Disability established under Minnesota Statutes, section 256.482.new text end
45.29
new text begin (c) The commissioner shall distribute the specifications or standards, or a similar new text end
45.30
new text begin advisory guidance document, to local road authorities.new text end
45.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
45.32 Sec. 54.
new text begin TIFIA PILOT PROGRAM.new text end
46.1
new text begin (a) The commissioner of transportation may conduct a pilot program to apply for new text end
46.2
new text begin and receive financial assistance under the Transportation Infrastructure Finance and new text end
46.3
new text begin Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other new text end
46.4
new text begin federal transportation loan, grant, or credit assistance programs. The assistance may new text end
46.5
new text begin include but is not limited to loans, loan guarantees, and lines of credit. The commissioner new text end
46.6
new text begin may enter into agreements to repay the financial assistance subject to the availability of new text end
46.7
new text begin state money or other dedicated revenue or resources, with the approval of Minnesota new text end
46.8
new text begin Management and Budget.new text end
46.9
new text begin (b) The pilot program under this section is available for one transportation project new text end
46.10
new text begin identified by the commissioner.new text end
46.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
46.12 Sec. 55.
new text begin ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR new text end
46.13
new text begin CITY OF FARMINGTON.new text end
46.14
new text begin Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the new text end
46.15
new text begin commissioner of public safety, limiting sites for the office of deputy registrar based new text end
46.16
new text begin on either the distance to an existing deputy registrar office or the annual volume of new text end
46.17
new text begin transactions processed by any deputy registrar, the commissioner of public safety shall new text end
46.18
new text begin appoint a municipal deputy registrar of motor vehicles for the city of Farmington to new text end
46.19
new text begin operate a new full-service Office of Deputy Registrar, with full authority to function new text end
46.20
new text begin as a registration and motor vehicle tax collection bureau, at the city hall in the city of new text end
46.21
new text begin Farmington. All other provisions regarding the appointment and operation of a deputy new text end
46.22
new text begin registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota new text end
46.23
new text begin Rules, chapter 7406, apply to the office.new text end
46.24
new text begin EFFECTIVE DATE; LOCAL APPROVAL.new text end new text begin This section is effective the day after new text end
46.25
new text begin the governing body of the city of Farmington and its chief clerical officer timely complete new text end
46.26
new text begin their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.new text end
46.27 Sec. 56.
new text begin REPEALER.new text end
46.28
new text begin Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4,new text end new text begin are repealed.new text end
46.29 Sec. 57.
new text begin EFFECTIVE DATE.new text end
46.30
new text begin Except as otherwise provided, this article is effective August 1, 2010.new text end
