HF 2214

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/08/2014 10:00am

1.1A bill for an act

1.2relating to transportation; making technical changes to provisions affecting the
1.3Department of Transportation; clarifying contracting and project requirements;
1.4modifying U-turn rules; providing bridge inspection authority in certain
1.5instances; authorizing a traffic safety educational diversion pilot program;
1.6clarifying bicycle riding rules; requiring user financing for a certain parking
1.7facility; modifying reporting requirements; modifying appropriations;amending
1.8Minnesota Statutes 2012, sections 13.6905, by adding a subdivision; 16A.124,
1.9subdivision 5; 161.14, by adding a subdivision; 161.32, subdivision 5; 162.06,
1.10subdivision 1; 162.081, subdivision 4; 162.12, subdivision 1; 165.03, subdivision
1.113; 165.12, subdivision 1; 169.022; 169.19, subdivision 2; 169.222, by adding
1.12a subdivision; 169.771, subdivision 2; 169.781, subdivision 10; 169.782,
1.13subdivision 4; 169.865, subdivision 2; 171.02, subdivision 2; 171.03; 174.37,
1.14subdivision 6; 221.031, by adding subdivisions; 331A.12; Minnesota Statutes
1.152013 Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1;
1.16174.12, subdivision 2; Laws 2010, chapter 189, section 15, subdivision 12; Laws
1.172012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session
1.18chapter 1, article 1, section 28; Laws 2013, chapter 127, section 67; proposing
1.19coding for new law in Minnesota Statutes, chapter 169; repealing Minnesota
1.20Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013
1.21Supplement, section 221.0314, subdivision 9a.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23    Section 1. Minnesota Statutes 2012, section 13.6905, is amended by adding a
1.24subdivision to read:
1.25    Subd. 34. Traffic safety educational diversion pilot program data. Data related
1.26to a traffic safety educational diversion pilot program are governed by section 169.9991,
1.27subdivision 12.
1.28EFFECTIVE DATE.This section is effective June 1, 2014.

1.29    Sec. 2. Minnesota Statutes 2012, section 16A.124, subdivision 5, is amended to read:
2.1    Subd. 5. Payment of interest on late payments required. (a) A state agency
2.2shall pay interest to a vendor for undisputed billings when the agency has not paid the
2.3billing within 30 days following receipt of the invoice, merchandise, or service whichever
2.4is later. A negotiated contract or agreement between a vendor and a state agency which
2.5requires an audit by the state agency prior to acceptance and payment of the vendor's
2.6invoice shall not be considered past due until 30 days after the completion of the audit by
2.7the state agency. Before any interest payment is made, the vendor must invoice the state
2.8agency for such interest. For a construction contract utilizing partial payments based on an
2.9engineer's estimate or a payment application approved by an architect, an invoice includes
2.10an engineer's estimate or a payment application, as applicable, if made in regular intervals
2.11that are: (1) as specified in the contract, and (2) no less frequent than once per month.
2.12(b) The rate of interest paid by the agency on undisputed bills not paid within 30
2.13days shall be 1-1/2 percent per month or any part thereof.
2.14(c) All interest penalties and collection costs must be paid from the agency's current
2.15operating budget. No agency may seek to increase its appropriation for the purpose of
2.16obtaining funds to pay interest penalties or collection costs.
2.17(d) Any vendor who prevails in a civil action to collect interest penalties from a state
2.18agency shall be awarded its costs and disbursements, including attorney's fees, incurred
2.19in bringing the actions.
2.20(e) No interest penalties may accrue against an agency that delays payment of a bill
2.21due to a disagreement with the vendor; provided, that the dispute must be settled within 30
2.22days after the bill became overdue. Upon the resolution of the dispute, the agency must
2.23pay the vendor accrued interest on all proper invoices for which payment was not received
2.24within the applicable time limit contained in subdivision 3. No interest penalties accrue
2.25under this section against an agency for claims made by a contractor under a construction
2.26contract.
2.27(f) The minimum monthly interest penalty payment that a state agency shall pay a
2.28vendor for the unpaid balance for any one overdue bill equal to or in excess of $100 is
2.29$10. For unpaid balances of less than $100, the state agency shall pay the actual penalty
2.30due to the vendor.

2.31    Sec. 3. Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision
2.32to read:
2.33    Subd. 76. Michael Duane Clickner Memorial Bridge. The bridge over the
2.34Mississippi River on marked Trunk Highway 60 at the city of Wabasha, is designated
2.35"Michael Duane Clickner Memorial Bridge." The commissioner of transportation shall
3.1adopt a suitable design to mark this bridge and erect appropriate signs, subject to section
3.2161.139.

3.3    Sec. 4. Minnesota Statutes 2012, section 161.32, subdivision 5, is amended to read:
3.4    Subd. 5. Default by contractor. In cases where work is being done under contract
3.5and the commissioner finds that the contractor has failed to comply within 60 days the
3.6period specified in the contract from the date of receipt of a written demand to make
3.7arrangements, satisfactory to the commissioner, to correct specified delays, neglect, or
3.8default, within the control of the contractor, the commissioner may negotiate with others,
3.9with the approval of the defaulting contractor's surety, for the completion of the contract
3.10according to the terms and provisions of the contract.

3.11    Sec. 5. Minnesota Statutes 2013 Supplement, section 161.44, subdivision 1a, is
3.12amended to read:
3.13    Subd. 1a. Periodic review. (a) The commissioner is encouraged to examine all real
3.14property owned by the state and under the custodial control of the department to decide
3.15whether any real property may be suitable for sale or some other means of disposal.
3.16(b) The commissioner may not sell or otherwise dispose of property under this
3.17subdivision unless: (1) an analysis has been performed of suitability of the property
3.18for bicycle or pedestrian facilities, which must take into account consider any relevant
3.19nonmotorized transportation plans or in the absence of such plans, demographic and
3.20development factors affecting the region; and (2) the analysis, demonstrates that (i) the
3.21property is not reasonably suitable for bicycle or pedestrian facilities, and (ii) there is not
3.22a likelihood of bicycle or pedestrian facility development involving the property; or (2)
3.23the use of the property for bicycle or pedestrian facilities is protected by deed restriction,
3.24easement, agreement, or other means.
3.25(c) The commissioner may sell for fair value property that was acquired by eminent
3.26domain and is eligible for sale or disposition under paragraph (b) only after the property,
3.27including easements, is offered for reconveyance to the owner from whom the property
3.28was acquired by the state for trunk highway purposes. The reconveyance price may
3.29not exceed the price for which the property was acquired by the state. If the previous
3.30owner cannot be located after reasonable search or does not repurchase the property, the
3.31commissioner may sell the property for fair value.
3.32(c) (d) The commissioner shall report the findings under paragraph (a) to the house
3.33of representatives and senate committees with jurisdiction over transportation policy
4.1and finance by March 1 of each odd-numbered year. The report may be submitted
4.2electronically, and is subject to section 3.195, subdivision 1.

4.3    Sec. 6. Minnesota Statutes 2012, section 162.06, subdivision 1, is amended to read:
4.4    Subdivision 1. Estimate. (a) By December 15 of each year the commissioner shall
4.5estimate the amount of money that will be available to the county state-aid highway
4.6fund during that fiscal year. The amount available must be based on actual receipts from
4.7July 1 through October 31, at the time of the allocation calculation, the unallocated fund
4.8balance, and the projected receipts for the remainder of the fiscal year. The amount
4.9available, except for deductions as provided in this section, shall be apportioned by the
4.10commissioner to the counties as provided in section 162.07.
4.11    (b) For purposes of this section, "amount available" means the amount estimated in
4.12paragraph (a).

4.13    Sec. 7. Minnesota Statutes 2012, section 162.081, subdivision 4, is amended to read:
4.14    Subd. 4. Formula for distribution to towns; purposes. (a) Money apportioned to
4.15a county from the town road account must be distributed to the treasurer of each town
4.16within the county, according to a distribution formula adopted by the county board.
4.17The formula must take into account each town's levy for road and bridge purposes, its
4.18 population and town road mileage, and other factors the county board deems advisable
4.19in the interests of achieving equity among the towns. Distribution of town road funds
4.20to each town treasurer must be made by March 1, annually, or within 30 days after
4.21receipt of payment from the commissioner. Distribution of funds to town treasurers in a
4.22county which has not adopted a distribution formula under this subdivision must be made
4.23according to a formula prescribed by the commissioner by rule.
4.24(b) Money distributed to a town under this subdivision may be expended by the
4.25town only for the construction, reconstruction, and gravel maintenance of town roads
4.26within the town.

4.27    Sec. 8. Minnesota Statutes 2012, section 162.12, subdivision 1, is amended to read:
4.28    Subdivision 1. Estimate of accruals. By December 15 of each year the
4.29commissioner shall estimate the amount of money that will be available to the municipal
4.30state-aid street fund during that fiscal year. The amount available is based on actual
4.31receipts from July 1 through October 31, at the time of the allocation calculation, the
4.32unallocated fund balance, and the projected receipts for the remainder of the fiscal year.
5.1The total available, except for deductions as provided herein, shall be apportioned by the
5.2commissioner to the cities having a population of 5,000 or more as hereinafter provided.

5.3    Sec. 9. Minnesota Statutes 2012, section 165.03, subdivision 3, is amended to read:
5.4    Subd. 3. County inventory and inspection records and reports. The county
5.5engineer shall maintain a complete inventory record of all bridges as set forth in subdivision
5.62, paragraph (b), clause (2), with the inspection reports thereof, and shall certify annually
5.7to the commissioner, as prescribed by the commissioner, that inspections have been made
5.8at regular intervals, not to exceed the intervals outlined in subdivision 1a. A report of the
5.9inspections must be filed annually, on or before February 15 of each year, with the county
5.10auditor or town clerk, or the governing body of the municipality. The report must contain
5.11recommendations for the correction of or identify any deficiency requiring action, including
5.12the legal posting of load limits or the need to have a load rating analysis performed, on any
5.13bridge or structure that is found to be understrength or unsafe. The report may also contain
5.14other recommendations for improving the safety of understrength or unsafe bridges.

5.15    Sec. 10. Minnesota Statutes 2012, section 165.12, subdivision 1, is amended to read:
5.16    Subdivision 1. Duty Authority of county when town fails. (a) Notwithstanding
5.17any law to the contrary, a county has the following authority regarding town bridges
5.18within its jurisdictional boundaries.
5.19(b) When it becomes necessary to reconstruct or repair a bridge on any town road
5.20in any town or upon any town line in this state, and the bridge is unsafe for travel or has
5.21been condemned by the proper authorities, and the town or towns charged with the duty of
5.22maintaining the bridge fail, neglect, or omit to construct, reconstruct, or repair the same or
5.23provide for the expense or cost of so constructing, reconstructing, or repairing the same, as
5.24identified in the report provided to the town or towns under section 165.03, subdivision
5.253, the county board of the county in which the town or towns are located shall have the
5.26power and authority to reconstruct and repair the bridge upon giving notice to the town
5.27board of the town or towns of its intention to do so and fixing a time and place for a
5.28hearing as to the necessity and advisability of the reconstruction or repair.
5.29(c) If a load rating analysis is required and has not been performed within 90 days of
5.30the date the report required in section 165.03, subdivision 3, was delivered to the town,
5.31the county is authorized to perform the analysis. Before it performs an analysis on a
5.32town bridge, the county shall notify the town or towns that if the town or towns do not
5.33perform the analysis within 90 days the county will perform the analysis and bill the
5.34town or towns for all related expenses. If the town performs the analysis, a copy shall
6.1be provided to the county engineer. If the county performs the analysis, a copy shall be
6.2provided to the town clerk.
6.3(d) If a load rating analysis determines a new or different load posting is required on
6.4a town bridge, the town or towns charged with the duty of maintaining the bridge shall
6.5provide the required posting within 30 days. If the town or towns fail to provide the
6.6required posting, the county is authorized to provide the required posting. Before posting
6.7a load limit on a town bridge, the county shall notify the town or towns that if the town
6.8or towns do not provide the posting within 30 days the county will provide the required
6.9posting and bill the town or towns for all related expenses, unless the town or towns and
6.10the county agree to post the bridge in less than 30 days and at an agreed-upon cost.
6.11(e) If a bridge constitutes a critical risk to public safety because its deficiencies, if
6.12not immediately corrected, could result in collapse or partial collapse, the county engineer
6.13is authorized to immediately close the bridge. The bridge shall remain closed until the
6.14necessary steps are taken to remove the threat of collapse or partial collapse, or until a
6.15subsequent inspection determines the issues resulting in closure are resolved. The county
6.16may bill the town or towns for all related expenses.
6.17(f) A county is not liable for a town's or towns' failure to act as required by this
6.18section or section 165.03.

6.19    Sec. 11. Minnesota Statutes 2012, section 169.022, is amended to read:
6.20169.022 UNIFORM APPLICATION.
6.21The provisions of this chapter shall be applicable and uniform throughout this state
6.22and in all political subdivisions and municipalities therein, and no local authority shall
6.23enact or enforce any rule or regulation in conflict with the provisions of this chapter unless
6.24expressly authorized herein. Local authorities may adopt traffic regulations which are not
6.25in conflict with the provisions of this chapter; provided, that when any local ordinance
6.26regulating traffic covers the same subject for which a penalty is provided for in this
6.27chapter, then the penalty provided for violation of said local ordinance shall be identical
6.28with the penalty provided for in this chapter for the same offense, except as otherwise
6.29provided in a traffic safety educational diversion pilot program.
6.30EFFECTIVE DATE.This section is effective June 1, 2014.

6.31    Sec. 12. Minnesota Statutes 2013 Supplement, section 169.19, subdivision 1, is
6.32amended to read:
7.1    Subdivision 1. Turning at intersection. The driver of a vehicle intending to turn
7.2at an intersection shall do so as follows:
7.3(a) Except as otherwise provided in this paragraph, both the approach for a right turn
7.4and a right turn shall be made as close as practicable to the right-hand curb or edge of the
7.5roadway. When necessary to accommodate vehicle configuration, a driver is permitted to
7.6make a right turn into the farthest lane of a roadway with two or more lanes in the same
7.7direction in order to make a U-turn at a reduced conflict intersection, if it is safe to do so.
7.8(b) Approach for a left turn on other than one-way roadways shall be made in that
7.9portion of the right half of the roadway nearest the centerline thereof, and after entering
7.10the intersection the left turn shall be made so as to leave the intersection to the right of the
7.11centerline of the roadway being entered. Whenever practicable the left turn shall be made
7.12in that portion of the intersection to the left of the center of the intersection.
7.13(c) Approach for a left turn from a two-way roadway into a one-way roadway shall
7.14be made in that portion of the right half of the roadway nearest the centerline thereof and
7.15by passing to the right of such centerline where it enters the intersection.
7.16(d) A left turn from a one-way roadway into a two-way roadway shall be made
7.17from the left-hand lane and by passing to the right of the centerline of the roadway being
7.18entered upon leaving the intersection.
7.19(e) Where both streets or roadways are one way, both the approach for a left turn and
7.20a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
7.21(f) Local authorities in their respective jurisdictions may cause markers, buttons, or
7.22signs to be placed within or adjacent to intersections and thereby require and direct that a
7.23different course from that specified in this section be traveled by vehicles turning at an
7.24intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall
7.25turn a vehicle at an intersection other than as directed and required by such markers,
7.26buttons, or signs.
7.27(g) Whenever it is necessary for the driver of a motor vehicle to cross a bicycle
7.28lane adjacent to the driver's lane of travel to make a turn, the driver shall first signal the
7.29movement, then drive the motor vehicle into the bicycle lane prior to making the turn,
7.30but only after it is safe to do so. The driver shall then make the turn consistent with any
7.31traffic markers, buttons, or signs, yielding the right-of-way to any vehicles or bicycles
7.32approaching so close thereto as to constitute an immediate hazard.

7.33    Sec. 13. Minnesota Statutes 2012, section 169.19, subdivision 2, is amended to read:
7.34    Subd. 2. U-turn. No vehicle shall be turned so as to proceed in the opposite
7.35direction upon any curve, or upon the approach to or near the crest of a grade, where
8.1such the vehicle cannot be seen by the driver of any other vehicle approaching from
8.2either direction within 1,000 feet, nor shall the driver of a vehicle turn the vehicle so as to
8.3proceed in the opposite direction unless the movement can be made safely and without
8.4interfering with other traffic. When necessary to accommodate vehicle configuration on a
8.5roadway with two or more lanes in the same direction, a driver may turn the vehicle into
8.6the farthest lane and temporarily use the shoulder to make a U-turn.

8.7    Sec. 14. Minnesota Statutes 2012, section 169.222, is amended by adding a subdivision
8.8to read:
8.9    Subd. 4a. Riding rules. (a) Every person operating a bicycle upon a roadway with
8.10a posted speed limit of 30 miles per hour or less shall ride in the right-hand lane when
8.11available for traffic, except under any of the following situations:
8.12(1) when overtaking and passing another vehicle proceeding in the same direction;
8.13(2) when preparing for a left turn at an intersection or into a private road or driveway;
8.14(3) when reasonably necessary to avoid conditions, including fixed or moving objects,
8.15vehicles, pedestrians, animals, surface hazards, narrow width lanes, or other conditions
8.16that in the judgment of the cyclist make it unsafe to continue in the right-hand lane; or
8.17(4) when operating on the shoulder of a roadway or in a bicycle lane.
8.18(b) When operating a bicycle upon a roadway with a posted speed limit of 30 miles
8.19per hour or less, upon approaching an intersection where right turns are permitted and
8.20there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the
8.21dedicated right-turn lane even if the bicyclist does not subsequently turn right and does
8.22not intend to turn right.

8.23    Sec. 15. Minnesota Statutes 2012, section 169.771, subdivision 2, is amended to read:
8.24    Subd. 2. Inspection by state trooper. (a) The commissioner of public safety is
8.25directed to accelerate spot-check inspections for unsafe motor vehicles and motor vehicle
8.26equipment. Such inspections shall be conducted by the personnel of the State Patrol who
8.27shall give the operator of a commercial motor vehicle a signed and dated document as
8.28evidence of the inspection.
8.29(b) However, personnel of the State Patrol may not conduct another spot inspection
8.30of a commercial motor vehicle if (1) the operator of the vehicle can show evidence of an
8.31inspection, which is free of critical defects, conducted in Minnesota according to this
8.32section or section 169.781 within the previous 90 days and (2) a state trooper does not
8.33have probable cause to believe the vehicle or its equipment is unsafe or that the operator
8.34has engaged in illegal activity. In addition, if the operator shows the state trooper evidence
9.1that the commercial motor vehicle has been inspected within the previous 90 days, but the
9.2officer has probable cause to believe the vehicle or its equipment is unsafe or to suspect
9.3illegal activity, then the vehicle may be inspected to confirm the existence or absence of an
9.4unsafe condition or of the suspected illegal activity.
9.5(c) A vehicle stopped under this section and determined to be a covered farm
9.6vehicle as defined in Code of Federal Regulations, title 49, section 390.5, and not carrying
9.7hazardous materials of a type or quantity that requires the vehicle to be placarded in
9.8accordance with Code of Federal Regulations, title 49, section 172.504, is exempt from
9.9further inspection under this section. If probable cause exists to believe the vehicle or its
9.10equipment is unsafe or illegal activity is suspected, enforcement action may be initiated.

9.11    Sec. 16. Minnesota Statutes 2012, section 169.781, subdivision 10, is amended to read:
9.12    Subd. 10. Exemption Exemptions. (a) This section does not apply to a vehicle
9.13operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26,
9.14if the vehicle has been inspected under section 221.0252, subdivision 3, paragraph (a),
9.15clause (2), within the previous 12 months.
9.16    (b) This section does not apply to a covered farm vehicle, as defined in Code of
9.17Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
9.18a type or quantity that requires the vehicle to be placarded in accordance with Code of
9.19Federal Regulations, title 49, section 172.504.

9.20    Sec. 17. Minnesota Statutes 2012, section 169.782, subdivision 4, is amended to read:
9.21    Subd. 4. Exceptions. (a) With the exception of subdivision 2, paragraph (a), clause
9.22(2), this section does not apply to a commercial motor vehicle that is a farm truck that may
9.23be operated by a person not holding a commercial driver's license.
9.24(b) This section does not apply to a commercial motor vehicle held for resale by a
9.25motor vehicle dealer licensed under section 168.27.
9.26(c) This section does not apply to a covered farm vehicle as defined in Code of
9.27Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
9.28a type or quantity that requires the vehicle to be placarded in accordance with Code of
9.29Federal Regulations, title 49, section 172.504.

9.30    Sec. 18. Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
9.31    Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit
9.32authorizing a vehicle or combination of vehicles with a total of seven or more axles to
10.1haul raw or unprocessed agricultural products and be operated with a gross vehicle weight
10.2of up to:
10.3    (1) 97,000 pounds; and
10.4    (2) 99,000 pounds during the period set by the commissioner under section 169.826,
10.5subdivision 1 .
10.6    (b) Drivers of vehicles operating under this subdivision must comply with driver
10.7qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code
10.8of Federal Regulations, title 49, parts 40 and, 382, and 391, unless exempt under section
10.9221.031, subdivision 2c.
10.10    (c) The fee for a permit issued under this subdivision is $500.

10.11    Sec. 19. [169.9991] TRAFFIC SAFETY EDUCATIONAL DIVERSION PILOT
10.12PROGRAMS.
10.13    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
10.14this subdivision have the meanings given.
10.15(b) "Local unit of government" means a county, a home rule charter or statutory
10.16city, or a town.
10.17(c) "Diversion program," "traffic safety educational diversion pilot program," or
10.18"program" means the traffic safety educational diversion pilot program formed and
10.19recognized by local government resolution after June 1, 2014, and authorized by this
10.20section.
10.21    Subd. 2. Programs authorized. (a) A local unit of government that operated a
10.22diversion program anytime before May 1, 2014, may, on or after June 1, 2014, authorize
10.23a program by resolution, establish a fee for participation, and operate the program for
10.24holders of class D drivers' licenses who commit one of the following offenses:
10.25(1) failure to obey traffic-control signals in violation of section 169.06;
10.26(2) violating section 169.14, where the violation consists of a speed under 15
10.27miles per hour in excess of the lawful speed limit, but excluding a speed limit violation
10.28described in section 171.12, subdivision 6;
10.29(3) passing on the right in violation of section 169.18, subdivision 4;
10.30(4) following a vehicle too closely in violation of section 169.18, subdivision 8;
10.31(5) passing a parked emergency vehicle in violation of section 169.18, subdivision 11;
10.32(6) failing to yield right-of-way in violation of section 169.20, subdivision 1;
10.33(7) failing to obey a stop sign in violation of section 169.20, subdivision 3;
10.34(8) failing to obey a stop line in violation of section 169.30;
11.1(9) operating a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
11.2to 169.75; and
11.3(10) using a wireless communications device in violation of section 169.475.
11.4(b) When issuing a citation to a vehicle operator for an offense described in
11.5paragraph (a), a peace officer employed by a local unit of government that has complied
11.6with paragraph (a) may also provide written information about the governmental unit's
11.7diversion program, including contact information, eligibility, participation fee, duration,
11.8content, and benefits. The peace officer shall use best efforts to avoid referring an
11.9ineligible person to the program.
11.10(c) A person who has been referred to a diversion program under paragraph (b)
11.11may respond to the citation as otherwise provided for in law or proceed under this
11.12section. If the person chooses to proceed under this section, the person shall enroll in
11.13and successfully complete the program. A person who is not eligible for the program
11.14or otherwise fails to successfully complete it shall either pay the citation or contest it
11.15as otherwise provided for in law.
11.16    Subd. 3. Program content. The educational component of a diversion program
11.17must consist of a driver's safety training program designed:
11.18(1) to educate persons who have committed minor traffic violations concerning
11.19compliance with traffic laws; and
11.20(2) to deter future violations.
11.21The duration of the program must be a minimum of one hour, at least one-half of which
11.22must include a live in-person on-site presentation by a trained law enforcement officer.
11.23Participants must be physically present for all required program classes to successfully
11.24complete the program.
11.25    Subd. 4. Surcharge. The surcharge imposed under section 357.021, subdivision
11.266, does not apply to a participant in a diversion program.
11.27    Subd. 5. Contracting with third parties. Notwithstanding any other law or
11.28ordinance to the contrary, a local unit of government that operates a diversion program
11.29under this section may contract with a third party to administer the program. The contract
11.30must require the third party to comply with and operate the program in accordance with
11.31the requirements of this section.
11.32    Subd. 6. Officer's authority. (a) The authority to refer a person to a diversion
11.33program under this section is reserved exclusively to licensed peace officers. An officer
11.34may not be required by ordinance or otherwise to make a referral.
12.1(b) A peace officer is prohibited from referring a person to the program when the
12.2driving record of the person includes more than two violations under this section in a
12.312-month period, beginning on the date of the first violation.
12.4    Subd. 7. Records. (a) A report, in a form specified by the commissioner of public
12.5safety, of licensed drivers who have enrolled in, participated in, or successfully completed
12.6a diversion program must be promptly transmitted to the commissioner of public safety,
12.7who shall retain the records and communicate them, annually and on request to similar
12.8programs in the state for the purpose of determining eligibility. The program administrator
12.9of each diversion program shall be responsible for determining successful completion.
12.10(b) Before beginning a diversion program, each participant shall sign an attestation
12.11declaring that the participant has not participated in a traffic offense educational diversion
12.12program in this state within the previous 36 months. It is a misdemeanor to make a false
12.13statement in the attestation. The program administrator shall retain the attestation for a
12.14minimum of 36 months and make signed attestation forms available, on request, to similar
12.15programs in the state for the purpose of determining eligibility.
12.16(c) After completing a diversion program, each participant shall complete and
12.17submit to the program administrator, a form designed by the commissioner of public safety
12.18to elicit feedback concerning the participant's perception of the program's educational
12.19content, its germaneness to the participant's specific violation, and outcomes achieved
12.20through program participation. The participant shall identify on the form the nature of
12.21the violation that qualified the participant for the program, previous moving violations,
12.22and previous participation in similar courses. The program administrator shall submit the
12.23completed forms to the commissioner of public safety.
12.24(d) By January 15, 2015, the commissioner of public safety shall report to the chairs
12.25and ranking minority members of the senate and house of representatives committees and
12.26divisions with jurisdiction over transportation policy and budget, a compilation of records
12.27submitted to the commissioner under paragraphs (a) and (c), along with recommendations
12.28for legislation to improve and continue traffic diversion programs.
12.29    Subd. 8. Driving records. (a) The commissioner of public safety may not record
12.30the underlying violation on the driving record of an eligible person who successfully
12.31completes a diversion program or use it as grounds for revocation or suspension of the
12.32person's driver's license.
12.33(b) A violation under this section must be recorded in the comprehensive
12.34incident-based reporting system under section 299C.40, for the limited purpose of
12.35ensuring compliance with subdivision 7, paragraph (b).
13.1    Subd. 9. Commercial drivers' licenses and commercial vehicles; eligibility for
13.2participation. A person who holds a commercial driver's license, or is the driver of a
13.3commercial vehicle in which an offense was committed, is not eligible for a diversion
13.4program under this section if participation would constitute noncompliance with federal
13.5law or regulation and subject the state to possible loss of federal funds.
13.6    Subd. 10. Local preemption. Diversion programs under this section are limited
13.7exclusively to those offenses listed in subdivision 2, paragraph (a).
13.8    Subd. 11. Data. Data on individuals referred to or enrolled in a diversion program
13.9under this section are private data on individuals as defined in section 13.02, subdivision 12.
13.10EFFECTIVE DATE.This section is effective June 1, 2014, and expires on June
13.1130, 2015.

13.12    Sec. 20. Minnesota Statutes 2012, section 171.02, subdivision 2, is amended to read:
13.13    Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers'
13.14licenses are classified according to the types of vehicles that may be driven by the holder
13.15of each type or class of license. The commissioner may, as appropriate, subdivide the
13.16classes listed in this subdivision and issue licenses classified accordingly.
13.17    (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
13.18class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
13.19or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
13.20so endorsed. There are four general classes of licenses as described in paragraphs (c)
13.21through (f).
13.22    (c) Class D drivers' licenses are valid for:
13.23    (1) operating all farm trucks if the farm truck is:
13.24    (i) controlled and operated by a farmer, including operation by an immediate family
13.25member or an employee of the farmer;
13.26    (ii) used to transport agricultural products, farm machinery, or farm supplies,
13.27including hazardous materials, to or from a farm;
13.28    (iii) not used in the operations of a common or contract motor carrier as governed by
13.29Code of Federal Regulations, title 49, part 365; and
13.30    (iv) used within 150 miles of the farm;
13.31    (2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as
13.32defined in section 169.011, subdivision 3, whether or not in excess of 26,000 pounds
13.33gross vehicle weight;
13.34    (3) operating a recreational vehicle as defined in section 168.002, subdivision 27,
13.35that is operated for personal use;
14.1    (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
14.2more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
14.3the driver, and vehicles that carry hazardous materials;
14.4    (5) notwithstanding paragraph (d), operating a type A school bus or a multifunction
14.5school activity bus without a school bus endorsement if the requirements of subdivision 2a
14.6are satisfied, as determined by the commissioner;
14.7    (6) operating any vehicle or combination of vehicles when operated by a licensed
14.8peace officer while on duty; and
14.9    (7) towing vehicles if:
14.10    (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
14.11    (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
14.12the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.; and
14.13    (8) operating a covered farm vehicle as defined in Code of Federal Regulations,
14.14title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that
14.15requires the vehicle to be placarded in accordance with Code of Federal Regulations,
14.16title 49, section 172.504.
14.17    (d) Class C drivers' licenses are valid for:
14.18    (1) operating class D motor vehicles;
14.19    (2) with a hazardous materials endorsement, operating class D vehicles to transport
14.20hazardous materials;
14.21    (3) with a passenger endorsement, operating buses; and
14.22    (4) with a passenger endorsement and school bus endorsement, operating school
14.23buses.
14.24    (e) Class B drivers' licenses are valid for:
14.25    (1) operating all class C motor vehicles, class D motor vehicles, and all other
14.26single-unit motor vehicles including, with a passenger endorsement, buses; and
14.27    (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
14.28    (f) Class A drivers' licenses are valid for operating any vehicle or combination of
14.29vehicles.

14.30    Sec. 21. Minnesota Statutes 2012, section 171.03, is amended to read:
14.31171.03 PERSONS EXEMPT.
14.32    The following persons are exempt from license hereunder:
14.33    (a) A person in the employ or service of the United States federal government is
14.34exempt while driving or operating a motor vehicle owned by or leased to the United
14.35States federal government.
15.1    (b) A person in the employ or service of the United States federal government is
15.2exempt from the requirement to possess a valid class A, class B, or class C commercial
15.3driver's license while driving or operating for military purposes a commercial motor
15.4vehicle for the United States federal government if the person is:
15.5    (1) on active duty in the U. S. Coast Guard;
15.6    (2) on active duty in a branch of the U. S. armed forces, which includes the Army,
15.7Air Force, Navy, and Marine Corps;
15.8    (3) a member of a reserve component of the U. S. armed forces; or
15.9    (4) on active duty in the Army National Guard or Air National Guard, which
15.10includes (i) a member on full-time National Guard duty, (ii) a member undergoing
15.11part-time National Guard training, and (iii) a National Guard military technician, who is a
15.12civilian required to wear a military uniform.
15.13The exemption provided under this paragraph does not apply to a U. S. armed forces
15.14reserve technician.
15.15    (c) A person operating a covered farm vehicle as defined in Code of Federal
15.16Regulations, title 49, section 390.05, that is not carrying hazardous materials of a type
15.17or quantity that requires the vehicle to be placarded in accordance with Code of Federal
15.18Regulations, title 49, section 172.504, is exempt from the requirement to possess a valid
15.19class A, class B, or class C commercial driver's license.
15.20    (c) (d) Any person while driving or operating any farm tractor or implement of
15.21husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
15.22vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
15.23in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
15.24subdivision 7 , are not implements of husbandry.
15.25    (d) (e) A nonresident who is at least 15 years of age and who has in immediate
15.26possession a valid driver's license issued to the nonresident in the home state or country
15.27may operate a motor vehicle in this state only as a driver.
15.28    (e) (f) A nonresident who has in immediate possession a valid commercial driver's
15.29license issued by a state or jurisdiction in accordance with the standards of Code of
15.30Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
15.31commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
15.32    (f) (g) Any nonresident who is at least 18 years of age, whose home state or country
15.33does not require the licensing of drivers may operate a motor vehicle as a driver, but only for
15.34a period of not more than 90 days in any calendar year, if the motor vehicle so operated is
15.35duly registered for the current calendar year in the home state or country of the nonresident.
16.1    (g) (h) Any person who becomes a resident of the state of Minnesota and who has
16.2in possession a valid driver's license issued to the person under and pursuant to the laws
16.3of some other state or jurisdiction or by military authorities of the United States may
16.4operate a motor vehicle as a driver, but only for a period of not more than 60 days after
16.5becoming a resident of this state, without being required to have a Minnesota driver's
16.6license as provided in this chapter.
16.7    (h) (i) Any person who becomes a resident of the state of Minnesota and who has in
16.8possession a valid commercial driver's license issued by another state or jurisdiction in
16.9accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
16.10for not more than 30 days after becoming a resident of this state.
16.11    (i) (j) Any person operating a snowmobile, as defined in section 84.81, is exempt.
16.12(j) (k) A railroad operator, as defined in section 169.035, subdivision 4, paragraph
16.13(a), is exempt while operating a railroad locomotive or train, or on-track equipment while
16.14being operated upon rails. This exemption includes operation while crossing a street or
16.15highway, whether public or private.

16.16    Sec. 22. Minnesota Statutes 2013 Supplement, section 174.12, subdivision 2, is
16.17amended to read:
16.18    Subd. 2. Transportation economic development accounts. (a) A transportation
16.19economic development account is established in the special revenue fund under the
16.20budgetary jurisdiction of the legislative committees having jurisdiction over transportation
16.21finance. Money in the account may be expended only as appropriated by law. The account
16.22may not contain money transferred or otherwise provided from the trunk highway fund.
16.23(b) A transportation economic development account is established in the trunk
16.24highway fund. The account consists of funds donated, allotted, transferred, or otherwise
16.25provided to the account. Money in the account may be used only for trunk highway
16.26purposes. All funds in the account available prior to August 1, 2013, are available until
16.27expended.

16.28    Sec. 23. Minnesota Statutes 2012, section 174.37, subdivision 6, is amended to read:
16.29    Subd. 6. Expiration. Notwithstanding section 15.059, subdivision 5, the committee
16.30expires June 30, 2014 2018.

16.31    Sec. 24. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
16.32to read:
17.1    Subd. 2c. Exemptions for covered farm vehicles. (a) For the purposes of
17.2this subdivision, "covered farm vehicle" has the meaning given in Code of Federal
17.3Regulations, title 49, section 390.5.
17.4(b) A covered farm vehicle that is not carrying hazardous materials of a type or
17.5quantity that requires the vehicle to be placarded in accordance with Code of Federal
17.6Regulations, title 49, section 172.504, including the operator of the vehicle, is exempt
17.7from the federal regulations incorporated by reference in:
17.8(1) section 221.0314, subdivision 2, for driver qualifications;
17.9(2) section 221.0314, subdivision 9, for hours of service; and
17.10(3) section 221.0314, subdivision 10, for inspection, repair, and maintenance.

17.11    Sec. 25. Minnesota Statutes 2012, section 221.031, is amended by adding a subdivision
17.12to read:
17.13    Subd. 2d. Hours of service exemptions. The federal regulations incorporated in
17.14section 221.0314, subdivision 9, for maximum driving and on-duty time, do not apply to
17.15drivers engaged in intrastate transportation within a 150-air-mile radius from the source of
17.16the commodities or from the retail or wholesale distribution point of the farm supplies for:
17.17(1) agricultural commodities or farm supplies for agricultural purposes from March
17.1815 to December 15 of each year; or
17.19(2) sugar beets from September 1 to May 15 of each year.

17.20    Sec. 26. Minnesota Statutes 2012, section 331A.12, is amended to read:
17.21331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION
17.22PROJECT BIDS.
17.23    Subdivision 1. Definitions. (a) The terms defined in this subdivision and section
17.24331A.01 apply to this section.
17.25(b) "Web site" means a specific, addressable location provided on a server connected
17.26to the Internet and hosting World Wide Web pages and other files that are generally
17.27accessible on the Internet all or most of the day.
17.28    Subd. 2. Designation. At the meeting of the governing body of the local public
17.29corporation a political subdivision at which the governing body must designate designates
17.30its official newspaper for the year, the governing body may designate in the same manner
17.31publication of transportation projects on the local public corporation's political subdivision's
17.32Web site. Publication on the Web site may be used in place of or in addition to any other
17.33required form of publication. Each year after designating publication on the Web site for
17.34transportation projects, the local public corporation political subdivision must publish in a
18.1qualified newspaper in the jurisdiction and on the Web site, notice that the local public
18.2corporation political subdivision will publish any advertisements for bids on its Web site.
18.3    Subd. 3. Form, time for publication same. A local public corporation political
18.4subdivision that publishes on its Web site under this section must post the information in
18.5substantially the same format and for the same period of time as required for publication
18.6in an official newspaper or other print publication.
18.7    Subd. 4. Record retention. A local public corporation political subdivision that
18.8publishes notice on its Web site under this section must ensure that a permanent record of
18.9publication is maintained in a form accessible by the public.

18.10    Sec. 27. Laws 2010, chapter 189, section 15, subdivision 12, is amended to read:

18.11 18.12

Subd. 12.Rochester Maintenance Facility

26,430,000 24,937,000

18.13This appropriation is from the bond proceeds
18.14account in the trunk highway fund.
18.15To prepare a site for and design, construct,
18.16furnish, and equip a new maintenance facility
18.17in Rochester.
18.18EFFECTIVE DATE.This section is effective the day following final enactment.

18.19    Sec. 28. Laws 2012, chapter 287, article 2, section 1, is amended to read:
18.20    Section 1. ROCHESTER MAINTENANCE FACILITY.
18.21$16,100,000 $17,593,000 is appropriated to the commissioner of transportation
18.22to design, construct, furnish, and equip the maintenance facility in Rochester and
18.23corresponding remodeling of the existing district headquarters building. This appropriation
18.24is from the bond proceeds account in the trunk highway fund.
18.25EFFECTIVE DATE.This section is effective the day following final enactment.

18.26    Sec. 29. Laws 2012, chapter 287, article 2, section 3, is amended to read:
18.27    Sec. 3. TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT.
18.28To provide the money appropriated in this article from the bond proceeds account in
18.29the trunk highway fund, the commissioner of management and budget shall sell and issue
18.30bonds of the state in an amount up to $16,120,000 $17,613,000 in the manner, upon the
18.31terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52,
18.32and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
19.1requested by the commissioner of transportation. The proceeds of the bonds, except
19.2accrued interest and any premium received from the sale of the bonds, must be credited
19.3to the bond proceeds account in the trunk highway fund.
19.4EFFECTIVE DATE.This section is effective the day following final enactment.

19.5    Sec. 30. Laws 2012, First Special Session chapter 1, article 1, section 28, is amended
19.6to read:
19.7    Sec. 28. TRANSFERS, REDUCTIONS, CANCELLATIONS, AND BOND
19.8SALE AUTHORIZATIONS REDUCED.
19.9(a) The remaining balance of the appropriation in Laws 2010, Second Special
19.10Session chapter 1, article 1, section 7, for the economic development and housing
19.11challenge program, estimated to be $450,000, is transferred to the general fund.
19.12(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
19.13section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section
19.1412A.07 , is reduced by $1,358,000.
19.15(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
19.16section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota
19.17Statutes, section 12A.06, is reduced by $30,000.
19.18(d) The appropriation in Laws 2010, Second Special Session chapter 1, article
19.191, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota
19.20Statutes, section 12A.06, is reduced by $392,000.
19.21(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
19.22section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota
19.23Statutes, section 12A.06, is reduced by $2,000.
19.24(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
19.25section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes,
19.26section 12A.06, is reduced by $5,000.
19.27(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2,
19.28section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes,
19.29section 12A.06, is reduced by $271,000.
19.30(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
19.31section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08,
19.32is reduced by $103,000.
19.33(i) $1,428,000 $534,000 of the appropriation in Laws 2007, First Special Session
19.34chapter 2, article 1, section 4, subdivision 3, for reconstruction and repair of trunk
19.35highways and trunk highway bridges is canceled. The bond sale authorization in Laws
20.12007, First Special Session chapter 2, article 1, section 15, subdivision 2, is reduced
20.2by $1,428,000 $534,000.
20.3(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2,
20.4article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for
20.5grants to local governments for capital costs related to rehabilitation and replacement of
20.6local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes,
20.7section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special
20.8Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.
20.9(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1,
20.10article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement
20.11pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond
20.12sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17,
20.13subdivision 2, is reduced by $2,133,000.
20.14(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
20.15section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant
20.16to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.

20.17    Sec. 31. Laws 2013, chapter 127, section 67, is amended to read:
20.18    Sec. 67. LEGISLATIVE ROUTE NO. 256 REMOVED.
20.19(a) Minnesota Statutes, section 161.115, subdivision 187, is repealed effective the
20.20day after the commissioner of transportation receives a copy of the agreement between
20.21the commissioner and the governing body of Blue Earth County and a copy of the
20.22agreement between the commissioner and the governing body of the city of Mankato to
20.23transfer jurisdiction of Legislative Route No. 256 and notifies the revisor of statutes
20.24under paragraph (b).
20.25(b) The revisor of statutes shall delete the route identified in paragraph (a) from
20.26Minnesota Statutes when the commissioner of transportation sends notice to the revisor
20.27electronically or in writing that the conditions required to transfer the route have been
20.28satisfied.

20.29    Sec. 32. INTERSTATE HIGHWAY 494 REHABILITATION PROJECT.
20.30    Subdivision 1. Definition. For purposes of this section, "I-494 rehabilitation
20.31project" means the trunk highway project programmed on the effective date of this section
20.32to reconstruct marked Interstate Highway 494, maintain associated bridges from the
20.33interchange with marked Interstate Highway 394 to the interchange with marked Interstate
20.34Highways 94 and 694, and establish dynamic shoulder lanes along the segment of marked
21.1Interstate Highway 494 from the interchange with marked Trunk Highway 55 to the
21.2overpass at East Fish Lake Road.
21.3    Subd. 2. Project requirements. The commissioner of transportation shall continue
21.4the I-494 rehabilitation project, but shall modify the project by replacing the planned
21.5dynamic shoulder lanes with an additional general purpose lane in each direction of travel.
21.6The additional general purpose lanes shall be constructed for the entire segment over
21.7which dynamic shoulder lanes had been planned.
21.8EFFECTIVE DATE.This section is effective the day following final enactment.

21.9    Sec. 33. PARKING RAMP; REQUIRED USER FINANCING.
21.10Debt service on the design and construction costs allocated to the parking garage to
21.11be located on the block bounded by Sherburne Avenue on the north, Park Street on the
21.12west, University Avenue on the south, and North Capitol Boulevard on the east must be
21.13user-financed from parking fees collected and deposited into the state parking account and
21.14credited to the debt service account for the Legislative Office Facility.

21.15    Sec. 34. REPEALER.
21.16(a) Minnesota Statutes 2012, section 161.115, subdivision 240, is repealed.
21.17(b) Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a, is
21.18repealed.