HF 2214

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:26pm

A bill for an act
relating to transportation; making technical changes to provisions affecting the
Department of Transportation; clarifying contracting requirements; modifying
U-turn rules; providing bridge inspection authority in certain instances;
modifying reporting requirements; modifying appropriations; amending
Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivisions
1f, 5; 161.3209, subdivision 2; 161.3420, subdivision 4; 161.3426, subdivisions
1, 4; 162.06, subdivision 1; 162.12, subdivision 1; 165.03, subdivision 3;
165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782,
subdivision 4; 169.865, subdivision 2; 171.02, subdivision 2; 171.03; 174.37,
subdivision 6; 221.031, by adding subdivisions; Minnesota Statutes 2013
Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12,
subdivision 2; Laws 2010, chapter 189, section 15, subdivision 12; Laws 2012,
chapter 287, article 2, section 1; Laws 2012, First Special Session chapter 1,
article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota
Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013
Supplement, section 221.0314, subdivision 9a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 16A.124, subdivision 5, is amended to read:

Subd. 5.

Payment of interest on late payments required.

(a) A state agency shall
pay interest to a vendor for undisputed billings when the agency has not paid the billing
within 30 days following receipt of the invoice, merchandise, or service whichever is later.
A negotiated contract or agreement between a vendor and a state agency which requires an
audit by the state agency prior to acceptance and payment of the vendor's invoice shall not
be considered past due until 30 days after the completion of the audit by the state agency.
Before any interest payment is made, the vendor must invoice the state agency for such
interest. new text begin For construction contracts, "receipt of an invoice" means a payment estimate or
payment application has been approved by the engineer or architect, as applicable, provided
the estimates and applications are made at regular intervals as specified in the contract.
new text end

(b) The rate of interest paid by the agency on undisputed bills not paid within 30
days shall be 1-1/2 percent per month or any part thereof.

(c) All interest penalties and collection costs must be paid from the agency's current
operating budget. No agency may seek to increase its appropriation for the purpose of
obtaining funds to pay interest penalties or collection costs.

(d) Any vendor who prevails in a civil action to collect interest penalties from a state
agency shall be awarded its costs and disbursements, including attorney's fees, incurred
in bringing the actions.

(e) No interest penalties may accrue against an agency that delays payment of a bill
due to a disagreement with the vendor; provided, that the dispute must be settled within 30
days after the bill became overdue. Upon the resolution of the dispute, the agency must
pay the vendor accrued interest on all proper invoices for which payment was not received
within the applicable time limit contained in subdivision 3. new text begin No interest penalties accrue
against an agency for claims made by a contractor under a construction contract.
new text end

(f) The minimum monthly interest penalty payment that a state agency shall pay a
vendor for the unpaid balance for any one overdue bill equal to or in excess of $100 is
$10. For unpaid balances of less than $100, the state agency shall pay the actual penalty
due to the vendor.

Sec. 2.

Minnesota Statutes 2012, section 161.32, subdivision 1f, is amended to read:

Subd. 1f.

Best-value alternative.

As an alternative to the procurement method
described in subdivisions 1a to 1e, the commissioner may issue a request for proposals and
award the contract to the vendor or contractor offering the best value as described in section
16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). new text begin If the commissioner
uses a multistage procurement process, the commissioner must reject any vendor or
contractor submission received after the deadline established in the solicitation document.
new text end

Sec. 3.

Minnesota Statutes 2012, section 161.32, subdivision 5, is amended to read:

Subd. 5.

Default by contractor.

In cases where work is being done under contract
and the commissioner finds that the contractor has failed to comply within deleted text begin 60 days deleted text end new text begin the
period specified in the contract new text end from the date of receipt of a written demand to make
arrangements, satisfactory to the commissioner, to correct specified delays, neglect, or
default, within the control of the contractor, the commissioner may negotiate with others,
with the approval of the defaulting contractor's surety, for the completion of the contract
according to the terms and provisions of the contract.

Sec. 4.

Minnesota Statutes 2012, section 161.3209, subdivision 2, is amended to read:

Subd. 2.

Phase 1 - request for proposals.

(a) The commissioner shall prepare
or have prepared an RFP for each construction manager/general contractor contract as
provided in this section. The RFP must contain, at a minimum, the following elements:

(1) the minimum qualifications of the construction manager/general contractor;

(2) the procedures for submitting proposals and the criteria for evaluation of
qualifications and the relative weight for each criteria;

(3) the form of the contract to be awarded;

(4) the scope of intended construction work;

(5) a listing of the types of preconstruction services that will be required;

(6) an anticipated schedule for commencing and completing the project;

(7) any applicable budget limits for the project;

(8) the requirements for insurance, statutorily required performance, and payment
bonds;

(9) the requirements that the construction manager/general contractor provide a
letter from a surety or insurance company stating that the construction manager/general
contractor is capable of obtaining a performance bond and payment bond covering the
estimated contract cost;

(10) the method for how construction manager/general contractor fees for the
preconstruction services contract will be negotiated;

(11) a statement that past performance or experience does not include the exercise
or assertion of a person's legal rights; and

(12) any other information desired by the commissioner.

(b) Before receiving any responses to the RFP:

(1) the commissioner shall appoint a technical review committee of at least five
individuals, of which one is a Department of Transportation manager who is also a
licensed professional engineer in Minnesota;

(2) the technical review committee shall evaluate the construction manager/general
contractor proposals according to criteria and subcriteria published in the RFP and
procedures established by the commissioner. The commissioner shall, as designated in
the RFP, evaluate construction manager/general contractor proposals on the basis of best
value as defined in section 16C.05, or using the qualifications-based selection process set
forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If
the commissioner does not receive at least two proposals from construction managers,
the commissioner may:

(i) solicit new proposals;

(ii) revise the RFP and thereafter solicit new proposals using the revised RFP;

(iii) select another allowed procurement method; or

(iv) reject the proposals; and

(3) the technical review committee shall evaluate the responses to the request for
proposals and rank the construction manager/general contractor based on the predefined
criteria set forth in the RFP in accordance with paragraph (a), clause (2).

(c) Unless all proposals are rejected, the commissioner shall conduct contract
negotiations for a preconstruction services contract with the construction manager/general
contractor with the highest ranking. If the construction manager/general contractor with the
highest ranking declines or is unable to reach an agreement, the commissioner may begin
contract negotiations with the next highest ranked construction manager/general contractor.

(d) Before issuing the RFP, the commissioner may elect to issue a request for
qualifications (RFQ) and short-list the most highly qualified construction managers/general
contractors. The RFQ must include the procedures for submitting statements of
qualification, the criteria for evaluation of qualifications, and the relative weight for each
criterion. The statements of qualifications must be evaluated by the technical review
committee. new text begin The commissioner must reject any statement of qualifications not received
by the deadline established in the RFQ.
new text end

Sec. 5.

Minnesota Statutes 2012, section 161.3420, subdivision 4, is amended to read:

Subd. 4.

Evaluation.

The selection team shall evaluate the design-build
qualifications of responding firms and shall compile a short list of no more than five most
highly qualified firms in accordance with qualifications criteria described in the request for
qualifications (RFQ). If only one design-build firm responds to the RFQ or remains on the
short list, the commissioner may readvertise or cancel the project as the commissioner
deems necessary. new text begin The commissioner must reject any response to the RFQ not received
by the deadline established in the RFQ.
new text end

Sec. 6.

Minnesota Statutes 2012, section 161.3426, subdivision 1, is amended to read:

Subdivision 1.

Award; computation; announcement.

Except as provided in
subdivision 2, a design-build contract shall be awarded as follows:

(a) The Technical Review Committee shall score the technical proposals using the
selection criteria in the request for proposals (RFP). The Technical Review Committee
shall then submit a technical proposal score for each design-builder to the commissioner.
The Technical Review Committee shall reject any proposal it deems nonresponsive new text begin , and
must reject any proposal not received by the deadline established in the RFP new text end .

(b) The commissioner shall announce the technical proposal score for each
design-builder and shall publicly open the sealed price proposals and shall divide each
design-builder's price by the technical score that the Technical Review Committee has
given to it to obtain an adjusted score. The design-builder selected must be that responsive
and responsible design-builder whose adjusted score is the lowest.

(c) If a time factor is included with the selection criteria in the RFP package, the
commissioner may also adjust the bids using a value of the time factor established
by the commissioner. The value of the time factor must be expressed as a value per
day. The adjustment must be based on the total time value. The total time value is the
design-builder's total number of days to complete the project multiplied by the factor. The
time-adjusted price is the total time value plus the bid amount. This adjustment must be
used for selection purposes only, and must not affect the Department of Transportation's
liquidated damages schedule or incentive or disincentive program. An adjusted score
must then be obtained by dividing each design-builder's time-adjusted price by the score
given by the technical review team. The commissioner shall select the responsive and
responsible design-builder whose adjusted score is the lowest.

(d) Unless all proposals are rejected, the commissioner shall award the contract
to the responsive and responsible design-builder with the lowest adjusted score. The
commissioner shall reserve the right to reject all proposals.

Sec. 7.

Minnesota Statutes 2012, section 161.3426, subdivision 4, is amended to read:

Subd. 4.

Low-bid design-build process.

(a) The commissioner may also use
low-bid, design-build procedures to award a design-build contract where the scope of
the work can be clearly defined.

(b) Low-bid design-build projects may require a request for qualifications (RFQ)
and short-listing, and must require a request for proposals (RFP). new text begin If an RFQ is used, the
commissioner must reject any statement of qualifications not received by the deadline
established in the RFQ.
new text end

(c) Submitted proposals under this subdivision must include separately a technical
proposal and a price proposal. new text begin The commissioner must reject any technical proposal
or price proposal not received by the deadline established in the RFP. new text end The low-bid,
design-build procedures must follow a two-step process for review of the responses to
the RFP as follows:

(1) The first step is the review of the technical proposal by the Technical Review
Committee as provided in section 161.3420, subdivision 2. The Technical Review
Committee must open the technical proposal first and must determine if it complies with
the requirements of the RFP and is responsive. The Technical Review Committee may not
perform any ranking or scoring of the technical proposals.

(2) The second step is the determination of the low bidder based on the price
proposal. The commissioner may not open the price proposal until the review of the
technical proposal is complete.

(d) The contract award under low-bid, design-build procedures must be made to the
proposer whose sealed bid is responsive to the technical requirements as determined by
the Technical Review Committee and that is also the lowest bid.

(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build
projects only when the commissioner has required an RFQ and short-listed the most
highly qualified responsive bidders.

Sec. 8.

Minnesota Statutes 2013 Supplement, section 161.44, subdivision 1a, is
amended to read:

Subd. 1a.

Periodic review.

(a) The commissioner is encouraged to examine all real
property owned by the state and under the custodial control of the department to decide
whether any real property may be suitable for sale or some other means of disposal.

(b) The commissioner may not sell or otherwise dispose of property under this
subdivision unless: (1) an analysis deleted text begin has been performed of suitability of the property
for bicycle or pedestrian facilities deleted text end , which must deleted text begin take into account deleted text end new text begin consider new text end any relevant
nonmotorized transportation plans or in the absence of such plans, demographic and
development factors affecting the region deleted text begin ; and (2) the analysis deleted text end new text begin , new text end demonstrates that (i) the
property is not reasonably suitable for bicycle or pedestrian facilities, and (ii) there is not
a likelihood of new text begin bicycle or pedestrian new text end facility development involving the property new text begin ; or (2)
the use of the property for bicycle or pedestrian facilities is protected by deed restriction,
easement, agreement, or other means new text end .

(c) The commissioner shall report the findings under paragraph (a) to the house
of representatives and senate committees with jurisdiction over transportation policy
and finance by March 1 of each odd-numbered year. The report may be submitted
electronically deleted text begin , and is subject to section 3.195, subdivision 1 deleted text end .

Sec. 9.

Minnesota Statutes 2012, section 162.06, subdivision 1, is amended to read:

Subdivision 1.

Estimate.

(a) By December 15 of each year the commissioner shall
estimate the amount of money that will be available to the county state-aid highway
fund during that fiscal year. The amount available must be based on actual receipts deleted text begin from
July 1 through October 31, deleted text end new text begin at the time of the allocation calculation, new text end the unallocated fund
balance, and the projected receipts for the remainder of the fiscal year. The amount
available, except for deductions as provided in this section, shall be apportioned by the
commissioner to the counties as provided in section 162.07.

(b) For purposes of this section, "amount available" means the amount estimated in
paragraph (a).

Sec. 10.

Minnesota Statutes 2012, section 162.12, subdivision 1, is amended to read:

Subdivision 1.

Estimate of accruals.

By December 15 of each year the
commissioner shall estimate the amount of money that will be available to the municipal
state-aid street fund during that fiscal year. The amount available is based on actual
receipts deleted text begin from July 1 through October 31, deleted text end new text begin at the time of the allocation calculation, new text end the
unallocated fund balance, and the projected receipts for the remainder of the fiscal year.
The total available, except for deductions as provided herein, shall be apportioned by the
commissioner to the cities having a population of 5,000 or more as hereinafter provided.

Sec. 11.

Minnesota Statutes 2012, section 165.03, subdivision 3, is amended to read:

Subd. 3.

County inventory and inspection records and reports.

The county
engineer shall maintain a complete inventory record of all bridges as set forth in subdivision
2, paragraph (b), clause (2), with the inspection reports thereof, and shall certify annually
to the commissioner, as prescribed by the commissioner, that inspections have been made
at regular intervals, not to exceed the intervals outlined in subdivision 1a. A report of the
inspections must be filed annually, on or before February 15 of each year, with the county
auditor or town clerk, or the governing body of the municipality. The report must deleted text begin contain
recommendations for the correction of or deleted text end new text begin identify any deficiency requiring action, including
the new text end legal posting of load limits new text begin or the need to have a load rating analysis performed, new text end on any
bridge or structure that is found to be understrength or unsafe. new text begin The report may also contain
other recommendations for improving the safety of understrength or unsafe bridges.
new text end

Sec. 12.

Minnesota Statutes 2012, section 165.12, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Duty deleted text end new text begin Authority new text end of county when town fails.

new text begin (a) Notwithstanding
any law to the contrary, a county has the following authority regarding town bridges
within its jurisdictional boundaries.
new text end

new text begin (b) new text end When it becomes necessary to reconstruct or repair a bridge on any town road
in any town or upon any town line in this state, and the bridge is unsafe for travel or has
been condemned by the proper authorities, and the town or towns charged with the duty of
maintaining the bridge fail, neglect, or omit to construct, reconstruct, or repair the same or
provide for the expense or cost of so constructing, reconstructing, or repairing the same, new text begin as
identified in the report provided to the town or towns under section 165.03, subdivision
3, new text end the county board of the county in which the town or towns are located shall have the
power and authority to reconstruct and repair the bridge upon giving notice to the town
board of the town or towns of its intention to do so and fixing a time and place for a
hearing as to the necessity and advisability of the reconstruction or repair.

new text begin (c) If a load rating analysis is required and has not been performed within 90 days of
the date the report required in section 165.03, subdivision 3, was delivered to the town,
the county is authorized to perform the analysis. Before it performs an analysis on a
town bridge, the county shall notify the town or towns that if the town or towns do not
perform the analysis within 90 days the county will perform the analysis and bill the
town or towns for all related expenses. If the town performs the analysis, a copy shall
be provided to the county engineer. If the county performs the analysis, a copy shall be
provided to the town clerk.
new text end

new text begin (d) If a load rating analysis determines a new or different load posting is required on
a town bridge, the town or towns charged with the duty of maintaining the bridge shall
provide the required posting within 30 days. If the town or towns fail to provide the
required posting, the county is authorized to provide the required posting. Before posting
a load limit on a town bridge, the county shall notify the town or towns that if the town
or towns do not provide the posting within 30 days the county will provide the required
posting and bill the town or towns for all related expenses, unless the town or towns and
the county agree to post the bridge in less than 30 days and at an agreed-upon cost.
new text end

new text begin (e) If a bridge constitutes a critical risk to public safety because its deficiencies, if
not immediately corrected, could result in collapse or partial collapse, the county engineer
is authorized to immediately close the bridge. The bridge shall remain closed until the
necessary steps are taken to remove the threat of collapse or partial collapse, or until a
subsequent inspection determines the issues resulting in closure are resolved. The county
may bill the town or towns for all related expenses.
new text end

new text begin (f) A county is not liable for a town's or towns' failure to act as required by this
section or section 165.03.
new text end

Sec. 13.

Minnesota Statutes 2013 Supplement, section 169.19, subdivision 1, is
amended to read:

Subdivision 1.

Turning at intersection.

The driver of a vehicle intending to turn
at an intersection shall do so as follows:

(a) new text begin Except as otherwise provided in this paragraph, new text end both the approach for a right turn
and a right turn shall be made as close as practicable to the right-hand curb or edge of the
roadway. new text begin When necessary to accommodate vehicle configuration, a driver is permitted to
make a right turn into the farthest lane of a roadway with two or more lanes in the same
direction in order to make a U-turn at a reduced conflict intersection, if it is safe to do so.
new text end

(b) Approach for a left turn on other than one-way roadways shall be made in that
portion of the right half of the roadway nearest the centerline thereof, and after entering
the intersection the left turn shall be made so as to leave the intersection to the right of the
centerline of the roadway being entered. Whenever practicable the left turn shall be made
in that portion of the intersection to the left of the center of the intersection.

(c) Approach for a left turn from a two-way roadway into a one-way roadway shall
be made in that portion of the right half of the roadway nearest the centerline thereof and
by passing to the right of such centerline where it enters the intersection.

(d) A left turn from a one-way roadway into a two-way roadway shall be made
from the left-hand lane and by passing to the right of the centerline of the roadway being
entered upon leaving the intersection.

(e) Where both streets or roadways are one way, both the approach for a left turn and
a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.

(f) Local authorities in their respective jurisdictions may cause markers, buttons, or
signs to be placed within or adjacent to intersections and thereby require and direct that a
different course from that specified in this section be traveled by vehicles turning at an
intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall
turn a vehicle at an intersection other than as directed and required by such markers,
buttons, or signs.

(g) Whenever it is necessary for the driver of a motor vehicle to cross a bicycle
lane adjacent to the driver's lane of travel to make a turn, the driver shall first signal the
movement, then drive the motor vehicle into the bicycle lane prior to making the turn,
but only after it is safe to do so. The driver shall then make the turn consistent with any
traffic markers, buttons, or signs, yielding the right-of-way to any vehicles or bicycles
approaching so close thereto as to constitute an immediate hazard.

Sec. 14.

Minnesota Statutes 2012, section 169.19, subdivision 2, is amended to read:

Subd. 2.

U-turn.

No vehicle shall be turned deleted text begin so as deleted text end to proceed in the opposite
direction upon any curve, or upon the approach to or near the crest of a grade, where
deleted text begin such deleted text end new text begin the new text end vehicle cannot be seen by the driver of any other vehicle approaching from
either direction within 1,000 feet, nor shall the driver of a vehicle turn the vehicle deleted text begin so as deleted text end to
proceed in the opposite direction unless the movement can be made safely and without
interfering with other traffic. new text begin When necessary to accommodate vehicle configuration on a
roadway with two or more lanes in the same direction, a driver may turn the vehicle into
the farthest lane and temporarily use the shoulder to make a U-turn.
new text end

Sec. 15.

Minnesota Statutes 2012, section 169.781, subdivision 10, is amended to read:

Subd. 10.

deleted text begin Exemption deleted text end new text begin Exemptions new text end .

new text begin (a) new text end This section does not apply to a vehicle
operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26,
if the vehicle has been inspected under section 221.0252, subdivision 3, paragraph (a),
clause (2), within the previous 12 months.

new text begin (b) This section does not apply to a covered farm vehicle, as defined in Code of
Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
a type or quantity that requires the vehicle to be placarded in accordance with Code of
Federal Regulations, title 49, section 172.504.
new text end

Sec. 16.

Minnesota Statutes 2012, section 169.782, subdivision 4, is amended to read:

Subd. 4.

Exceptions.

(a) With the exception of subdivision 2, paragraph (a), clause
(2), this section does not apply to a commercial motor vehicle that is a farm truck that may
be operated by a person not holding a commercial driver's license.

(b) This section does not apply to a commercial motor vehicle held for resale by a
motor vehicle dealer licensed under section 168.27.

new text begin (c) This section does not apply to a covered farm vehicle as defined in Code of
Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
a type or quantity that requires the vehicle to be placarded in accordance with Code of
Federal Regulations, title 49, section 172.504.
new text end

Sec. 17.

Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:

Subd. 2.

Seven-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of seven or more axles to
haul raw or unprocessed agricultural products and be operated with a gross deleted text begin vehicle deleted text end weight
of up to:

(1) 97,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1.

(b) Drivers of vehicles operating under this subdivision must comply with driver
qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code
of Federal Regulations, title 49, parts 40 deleted text begin and deleted text end new text begin , new text end 382 new text begin , and 391, unless exempt under section
221.031, subdivision 2c new text end .

(c) The fee for a permit issued under this subdivision is $500.

Sec. 18.

Minnesota Statutes 2012, section 171.02, subdivision 2, is amended to read:

Subd. 2.

Driver's license classifications, endorsements, exemptions.

(a) Drivers'
licenses are classified according to the types of vehicles that may be driven by the holder
of each type or class of license. The commissioner may, as appropriate, subdivide the
classes listed in this subdivision and issue licenses classified accordingly.

(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
so endorsed. There are four general classes of licenses as described in paragraphs (c)
through (f).

(c) Class D drivers' licenses are valid for:

(1) operating all farm trucks if the farm truck is:

(i) controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;

(ii) used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;

(iii) not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and

(iv) used within 150 miles of the farm;

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as
defined in section 169.011, subdivision 3, whether or not in excess of 26,000 pounds
gross vehicle weight;

(3) operating a recreational vehicle as defined in section 168.002, subdivision 27,
that is operated for personal use;

(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
the driver, and vehicles that carry hazardous materials;

(5) notwithstanding paragraph (d), operating a type A school bus or a multifunction
school activity bus without a school bus endorsement if the requirements of subdivision 2a
are satisfied, as determined by the commissioner;

(6) operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; deleted text begin and
deleted text end

(7) towing vehicles if:

(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or

(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or less deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) operating a covered farm vehicle as defined in Code of Federal Regulations,
title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that
requires the vehicle to be placarded in accordance with Code of Federal Regulations,
title 49, section 172.504.
new text end

(d) Class C drivers' licenses are valid for:

(1) operating class D motor vehicles;

(2) with a hazardous materials endorsement, operating class D vehicles to transport
hazardous materials;

(3) with a passenger endorsement, operating buses; and

(4) with a passenger endorsement and school bus endorsement, operating school
buses.

(e) Class B drivers' licenses are valid for:

(1) operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

(f) Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.

Sec. 19.

Minnesota Statutes 2012, section 171.03, is amended to read:

171.03 PERSONS EXEMPT.

The following persons are exempt from license hereunder:

(a) A person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the United
States federal government.

(b) A person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C commercial
driver's license while driving or operating for military purposes a commercial motor
vehicle for the United States federal government if the person is:

(1) on active duty in the U. S. Coast Guard;

(2) on active duty in a branch of the U. S. armed forces, which includes the Army,
Air Force, Navy, and Marine Corps;

(3) a member of a reserve component of the U. S. armed forces; or

(4) on active duty in the Army National Guard or Air National Guard, which
includes (i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military technician, who is a
civilian required to wear a military uniform.

The exemption provided under this paragraph does not apply to a U. S. armed forces
reserve technician.

new text begin (c) A person operating a covered farm vehicle as defined in Code of Federal
Regulations, title 49, section 390.05, that is not carrying hazardous materials of a type
or quantity that requires the vehicle to be placarded in accordance with Code of Federal
Regulations, title 49, section 172.504, is exempt from the requirement to possess a valid
class A or class B commercial driver's license.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7, are not implements of husbandry.

deleted text begin (d) deleted text end new text begin (e) new text end A nonresident who is at least 15 years of age and who has in immediate
possession a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.

deleted text begin (e) deleted text end new text begin (f) new text end A nonresident who has in immediate possession a valid commercial driver's
license issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.

deleted text begin (f) deleted text end new text begin (g) new text end Any nonresident who is at least 18 years of age, whose home state or country
does not require the licensing of drivers may operate a motor vehicle as a driver, but only for
a period of not more than 90 days in any calendar year, if the motor vehicle so operated is
duly registered for the current calendar year in the home state or country of the nonresident.

deleted text begin (g) deleted text end new text begin (h) new text end Any person who becomes a resident of the state of Minnesota and who has
in possession a valid driver's license issued to the person under and pursuant to the laws
of some other state or jurisdiction or by military authorities of the United States may
operate a motor vehicle as a driver, but only for a period of not more than 60 days after
becoming a resident of this state, without being required to have a Minnesota driver's
license as provided in this chapter.

deleted text begin (h) deleted text end new text begin (i) new text end Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or jurisdiction in
accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
for not more than 30 days after becoming a resident of this state.

deleted text begin (i) deleted text end new text begin (j) new text end Any person operating a snowmobile, as defined in section 84.81, is exempt.

deleted text begin (j) deleted text end new text begin (k) new text end A railroad operator, as defined in section 169.035, subdivision 4, paragraph
(a), is exempt while operating a railroad locomotive or train, or on-track equipment while
being operated upon rails. This exemption includes operation while crossing a street or
highway, whether public or private.

Sec. 20.

Minnesota Statutes 2013 Supplement, section 174.12, subdivision 2, is
amended to read:

Subd. 2.

Transportation economic development accounts.

(a) A transportation
economic development account is established in the special revenue fund under the
budgetary jurisdiction of the legislative committees having jurisdiction over transportation
finance. Money in the account may be expended only as appropriated by law. The account
may not contain money transferred or otherwise provided from the trunk highway fund.

(b) A transportation economic development account is established in the trunk
highway fund. The account consists of funds donated, allotted, transferred, or otherwise
provided to the account. Money in the account may be used only for trunk highway
purposes. All funds in the account deleted text begin available prior to August 1, 2013, deleted text end are available until
expended.

Sec. 21.

Minnesota Statutes 2012, section 174.37, subdivision 6, is amended to read:

Subd. 6.

Expiration.

Notwithstanding section 15.059, subdivision 5, the committee
expires June 30, deleted text begin 2014 deleted text end new text begin 2018 new text end .

Sec. 22.

Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Exemptions for covered farm vehicles. new text end

new text begin (a) For the purposes of
this subdivision, "covered farm vehicle" has the meaning given in Code of Federal
Regulations, title 49, section 390.5.
new text end

new text begin (b) A covered farm vehicle that is not carrying hazardous materials of a type or
quantity that requires the vehicle to be placarded in accordance with Code of Federal
Regulations, title 49, section 172.504, including the operator of the vehicle, is exempt
from the federal regulations incorporated by reference in:
new text end

new text begin (1) section 221.0314, subdivision 2, for driver qualifications;
new text end

new text begin (2) section 221.0314, subdivision 9, for hours of service; and
new text end

new text begin (3) section 221.0314, subdivision 10, for inspection, repair, and maintenance.
new text end

Sec. 23.

Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Hours of service exemptions. new text end

new text begin The federal regulations incorporated in
section 221.0314, subdivision 9, for maximum driving and on-duty time, do not apply to
drivers engaged in intrastate transportation with a 150-air-mile radius from the source of
the commodities or from the retail or wholesale distribution point of the farm supplies for:
new text end

new text begin (1) agricultural commodities or farm supplies for agricultural purposes from March
15 to December 15 of each year; or
new text end

new text begin (2) sugar beets from September 1 to May 15 of each year.
new text end

Sec. 24.

Laws 2010, chapter 189, section 15, subdivision 12, is amended to read:

Subd. 12. Rochester Maintenance Facility

deleted text begin 26,430,000 deleted text end new text begin 24,937,000 new text end

This appropriation is from the bond proceeds
account in the trunk highway fund.

To prepare a site for and design, construct,
furnish, and equip a new maintenance facility
in Rochester.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Laws 2012, chapter 287, article 2, section 1, is amended to read:

Section 1. ROCHESTER MAINTENANCE FACILITY.

deleted text begin $16,100,000 deleted text end new text begin $17,593,000 new text end is appropriated to the commissioner of transportation
to design, construct, furnish, and equip the maintenance facility in Rochester and
corresponding remodeling of the existing district headquarters building. This appropriation
is from the bond proceeds account in the trunk highway fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Laws 2012, First Special Session chapter 1, article 1, section 28, is amended
to read:

Sec. 28. TRANSFERS, REDUCTIONS, CANCELLATIONS, AND BOND
SALE AUTHORIZATIONS REDUCED.

(a) The remaining balance of the appropriation in Laws 2010, Second Special
Session chapter 1, article 1, section 7, for the economic development and housing
challenge program, estimated to be $450,000, is transferred to the general fund.

(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section
12A.07, is reduced by $1,358,000.

(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota
Statutes, section 12A.06, is reduced by $30,000.

(d) The appropriation in Laws 2010, Second Special Session chapter 1, article
1, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota
Statutes, section 12A.06, is reduced by $392,000.

(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota
Statutes, section 12A.06, is reduced by $2,000.

(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes,
section 12A.06, is reduced by $5,000.

(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2,
section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes,
section 12A.06, is reduced by $271,000.

(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08,
is reduced by $103,000.

(i) deleted text begin $1,428,000 deleted text end new text begin $534,000 new text end of the appropriation in Laws 2007, First Special Session
chapter 2, article 1, section 4, subdivision 3, for reconstruction and repair of trunk
highways and trunk highway bridges is canceled. The bond sale authorization in Laws
2007, First Special Session chapter 2, article 1, section 15, subdivision 2, is reduced
by deleted text begin $1,428,000 deleted text end new text begin $534,000 new text end .

(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2,
article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for
grants to local governments for capital costs related to rehabilitation and replacement of
local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes,
section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special
Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.

(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1,
article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement
pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond
sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17,
subdivision 2, is reduced by $2,133,000.

(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant
to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.

Sec. 27.

Laws 2013, chapter 127, section 67, is amended to read:

Sec. 67. LEGISLATIVE ROUTE NO. 256 REMOVED.

(a) Minnesota Statutes, section 161.115, subdivision 187, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between
the commissioner and the governing body of Blue Earth County new text begin and a copy of the
agreement between the commissioner and the governing body of the city of Mankato new text end to
transfer jurisdiction of Legislative Route No. 256 and notifies the revisor of statutes
under paragraph (b).

(b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, section 161.115, subdivision 240, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a, new text end new text begin is
repealed.
new text end