HF 3057

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for transportation, 
  1.4             public safety, and other purposes; requiring studies; 
  1.5             establishing a task force on dealer licensing and 
  1.6             motor vehicle registration enforcement in the state 
  1.7             patrol; requiring wheel flaps on truck-tractors; 
  1.8             regulating weight restrictions on vehicle axles; 
  1.9             providing an exemption from aircraft registration; 
  1.10            regulating state air transportation charges; defining 
  1.11            terms; requiring certain expenditures from the trunk 
  1.12            highway fund; establishing transportation spending 
  1.13            goals; amending Minnesota Statutes 1996, sections 
  1.14            160.02, subdivision 7, and by adding a subdivision; 
  1.15            161.04, by adding a subdivision; 169.733, subdivision 
  1.16            1; 169.825, subdivision 8; 174.01, by adding a 
  1.17            subdivision; 174.02, by adding a subdivision; 360.024; 
  1.18            and 360.653; Laws 1997, chapter 159, article 1, 
  1.19            section 2, subdivision 2; proposing coding for new law 
  1.20            in Minnesota Statutes, chapter 296. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22                             ARTICLE 1 
  1.23                   TRANSPORTATION APPROPRIATIONS 
  1.24  Section 1.  [TRANSPORTATION AND OTHER AGENCIES; APPROPRIATIONS.] 
  1.25     The sums in the columns headed "APPROPRIATIONS" are 
  1.26  appropriated from the general fund, or another named fund, to 
  1.27  the agencies and for the purposes specified to be available for 
  1.28  the fiscal years indicated for each purpose. 
  1.29                          SUMMARY BY FUND
  1.30                                            1998         1999 
  1.31  General Fund                      $      -0-     $      344,000 
  1.32  Trunk Highway Fund                       200,000     52,297,000 
  1.33  Highway User Tax
  2.1   Distribution Fund                        -0-             50,000
  2.2                                              APPROPRIATIONS 
  2.3                                          Available for the Year 
  2.4                                              Ending June 30 
  2.5                                             1998         1999 
  2.6   Sec. 2.  DEPARTMENT OF PUBLIC
  2.7   SAFETY                            $      200,000 $    5,830,000 
  2.8                 Summary by Fund
  2.9   General                 -0-           294,000
  2.10  Trunk Highway           200,000     5,486,000
  2.11  Highway User Tax        -0-            50,000
  2.12  Distribution 
  2.13  (a) State Patrol
  2.14                Summary by Fund
  2.15  General                 -0-           294,000
  2.16  Trunk Highway           -0-         5,251,000
  2.17  These appropriations are added to the 
  2.18  appropriation in Laws 1997, chapter 
  2.19  159, article 1, section 4, subdivision 
  2.20  3. 
  2.21  $294,000 from the general fund for 
  2.22  fiscal year 1999 is for additional 
  2.23  capitol complex security staff and for 
  2.24  additional state patrol flight time to 
  2.25  enhance law enforcement efforts through 
  2.26  airborne enforcement. 
  2.27  $4,557,000 from the trunk highway fund 
  2.28  for fiscal year 1999 is for 40 
  2.29  additional state troopers and related 
  2.30  support staff. 
  2.31  $694,000 from the trunk highway fund 
  2.32  for fiscal year 1999 is for equipment 
  2.33  to replace and maintain the statewide 
  2.34  emergency communications system 
  2.35  infrastructure of the patrol. 
  2.36  (b) Driver and Vehicle Services
  2.37         200,000        285,000 
  2.38                Summary by Fund
  2.39  Trunk Highway           200,000       235,000
  2.40  Highway User Tax
  2.41  Distribution            -0-            50,000
  2.42  $200,000 for fiscal year 1998 and 
  2.43  $235,000 for fiscal year 1999 are added 
  2.44  to the appropriations in Laws 1997, 
  2.45  chapter 159, article 1, section 4, 
  2.46  subdivision 4, for driver's license and 
  2.47  identification card cost increases.  
  2.48  This appropriation is from the trunk 
  2.49  highway fund. 
  2.50  $50,000 for fiscal year 1999 is for the 
  3.1   vehicle registration and uninsured 
  3.2   motorist study under section 6.  This 
  3.3   appropriation is from the highway user 
  3.4   tax distribution fund. 
  3.5   Sec. 3.  DEPARTMENT OF 
  3.6   TRANSPORTATION                           -0-         46,861,000 
  3.7                 Summary by Fund
  3.8   General                 -0-            50,000
  3.9   Trunk Highway           -0-        46,811,000
  3.10  (a) State Road Construction  
  3.11         -0-         40,000,000 
  3.12  $40,000,000 is appropriated from the 
  3.13  trunk highway fund for state road 
  3.14  construction in fiscal year 1999 and is 
  3.15  added to the appropriation in Laws 
  3.16  1997, chapter 159, article 1, section 
  3.17  2, subdivision 7, clause (a). 
  3.18  (b) Design Engineering
  3.19  and Construction Engineering
  3.20         -0-          6,800,000 
  3.21  $6,800,000 is appropriated in fiscal 
  3.22  year 1999 from the trunk highway fund 
  3.23  for design engineering and construction 
  3.24  engineering and is added to the 
  3.25  appropriations in Laws 1997, chapter 
  3.26  159, article 1, section 2, subdivision 
  3.27  7, clauses (d) and (e), as needed. 
  3.28  (c) Aeronautics              
  3.29         -0-             61,000 
  3.30                Summary by Fund
  3.31  General                 -0-            50,000
  3.32  Trunk Highway           -0-            11,000
  3.33  $50,000 from the general fund and 
  3.34  $11,000 from the trunk highway fund for 
  3.35  fiscal year 1999 are appropriated for 
  3.36  transfer to the state airports fund to 
  3.37  reimburse the fund for air 
  3.38  transportation services. 
  3.39     Sec. 4.  [STUDY; BLUE LIGHTS ON EMERGENCY VEHICLES.] 
  3.40     (a) The commissioner of public safety shall study the 
  3.41  feasibility and desirability of allowing emergency vehicles to 
  3.42  display blue lights to the front and rear of the vehicle, and of 
  3.43  prohibiting any other type of vehicle from displaying blue 
  3.44  lights.  The study must include: 
  3.45     (1) the safety implications of allowing blue lights to the 
  3.46  front and rear of emergency vehicles; 
  4.1      (2) the safety implications of various lighting 
  4.2   configurations for emergency vehicles and road maintenance 
  4.3   equipment; and 
  4.4      (3) the cost to the department of transportation and local 
  4.5   road authorities of discontinuing the use of blue lights on road 
  4.6   maintenance equipment.  
  4.7      (b) The commissioner shall report to the governor and 
  4.8   legislature on the results of the study not later than January 
  4.9   15, 1999. 
  4.10     Sec. 5.  [DEALER LICENSING AND MOTOR VEHICLE REGISTRATION 
  4.11  ENFORCEMENT TASK FORCE.] 
  4.12     Subdivision 1.  [ESTABLISHED IN DEPARTMENT OF PUBLIC 
  4.13  SAFETY.] The dealer licensing and motor vehicle registration 
  4.14  enforcement task force is established in the department of 
  4.15  public safety.  In consultation with the chief of the state 
  4.16  patrol, the commissioner of public safety shall designate four 
  4.17  members of the patrol to carry out the investigatory 
  4.18  responsibilities of the task force.  The commissioner shall 
  4.19  provide the task force with necessary staff and equipment 
  4.20  support.  
  4.21     Subd. 2.  [INVESTIGATIONS.] The task force shall 
  4.22  investigate activity by persons engaged in the sale and 
  4.23  registration of motor vehicles in violation of Minnesota law, 
  4.24  specifically Minnesota Statutes, sections 168.27; 168A.30; 
  4.25  297B.035, subdivision 3; and 325F.664 to 325F.6643. 
  4.26     Sec. 6.  [VEHICLE REGISTRATION AND INSURANCE STUDY.] 
  4.27     Subdivision 1.  [PURPOSE OF STUDY.] The commissioner of 
  4.28  public safety, in conjunction with the dealer licensing and 
  4.29  motor vehicle registration enforcement task force, and with 
  4.30  representatives of the insurance industry, shall conduct a study 
  4.31  to determine: 
  4.32     (1) the incidence of private passenger vehicles domiciled 
  4.33  in this state but registered in other states in violation of 
  4.34  Minnesota vehicle registration laws; and 
  4.35     (2) the number of uninsured motorists in this state. 
  4.36     Subd. 2.  [STUDY ELEMENTS.] The study must include an 
  5.1   evaluation of the cost effectiveness and feasibility of: 
  5.2      (1) exchanging tax, vehicle registration, and driver's 
  5.3   license information with other states; 
  5.4      (2) utilizing a private vendor computer database to enforce 
  5.5   the state's vehicle registration and mandatory automobile 
  5.6   insurance laws; and 
  5.7      (3) ensuring that vehicles domiciled in this state are 
  5.8   registered in this state. 
  5.9      Subd. 3.  [REPORT.] The commissioner shall report to the 
  5.10  governor and legislature by February 15, 1999. 
  5.11     Sec. 7.  Minnesota Statutes 1996, section 169.733, 
  5.12  subdivision 1, is amended to read: 
  5.13     Subdivision 1.  [VEHICLES GENERALLY.] Every truck, 
  5.14  truck-tractor, trailer, semitrailer, pole trailer, and rear-end 
  5.15  dump truck, excepting rear-end dump farm trucks and military 
  5.16  vehicles of the United States, shall be provided with wheel 
  5.17  flaps or other suitable protection above and behind the rearmost 
  5.18  wheels of the vehicle or combination of vehicles to prevent, as 
  5.19  far as practicable, such wheels from throwing dirt, water, or 
  5.20  other materials on the windshields of vehicles which follow.  
  5.21  Such flaps or protectors shall be at least as wide as the tires 
  5.22  they are protecting and shall have a ground clearance of not 
  5.23  more than one-fifth of the horizontal distance from the center 
  5.24  of the rearmost axle to the flap under any conditions of loading 
  5.25  or operation of the motor vehicle.  
  5.26     Sec. 8.  Minnesota Statutes 1996, section 169.825, 
  5.27  subdivision 8, is amended to read: 
  5.28     Subd. 8.  [PNEUMATIC-TIRED VEHICLES.] No vehicle or 
  5.29  combination of vehicles equipped with pneumatic tires shall be 
  5.30  operated upon the highways of this state:  
  5.31     (a) Where the gross weight on any wheel exceeds 9,000 
  5.32  pounds, except that on designated local routes and state trunk 
  5.33  highways the gross weight on any single wheel shall not exceed 
  5.34  10,000 pounds; 
  5.35     (b) Where the gross weight on any single axle exceeds 
  5.36  18,000 pounds, except that on designated local routes and state 
  6.1   trunk highways the gross weight on any single axle shall not 
  6.2   exceed 20,000 pounds; 
  6.3      (c) Where the maximum wheel load: 
  6.4      (1) on the foremost and rearmost steering axles, exceeds 
  6.5   600 pounds per inch of tire width or the manufacturer's 
  6.6   recommended load, whichever is less; or 
  6.7      (2) on other axles, exceeds 500 pounds per inch of tire 
  6.8   width or the manufacturer's recommended load, whichever is less; 
  6.9      Clause (2) applies to new vehicles manufactured after 
  6.10  August 1, 1991.  For vehicles manufactured before August 2, 
  6.11  1991, the maximum weight per inch of tire width is 600 pounds 
  6.12  per inch or the manufacturer's recommended load, whichever is 
  6.13  less, until August 1, 1996.  After July 31, 1996, clause (2) 
  6.14  applies to all vehicles regardless of date of manufacture. 
  6.15     (d) Where the gross weight on any axle of a tridem exceeds 
  6.16  15,000 pounds, except that for vehicles to which an additional 
  6.17  axle has been added prior to June 1, 1981, the maximum gross 
  6.18  weight on any axle of a tridem may be up to 16,000 pounds 
  6.19  provided the gross weight of the tridem combination does not 
  6.20  exceed 39,900 pounds where the first and third axles of the 
  6.21  tridem are spaced nine feet apart.  
  6.22     (e) Where the gross weight on any group of axles exceeds 
  6.23  the weights permitted under this section with any or all of the 
  6.24  interior axles disregarded, and with an exterior axle 
  6.25  disregarded if the exterior axle is a variable load axle that is 
  6.26  not carrying its intended weight, and their gross weights 
  6.27  subtracted from the gross weight of all axles of the group under 
  6.28  consideration. 
  6.29     Sec. 9.  Minnesota Statutes 1996, section 360.024, is 
  6.30  amended to read: 
  6.31     360.024 [AIR TRANSPORTATION SERVICES, COST 
  6.32  REIMBURSEMENT SERVICE CHARGES.] 
  6.33     The commissioner shall charge users of air transportation 
  6.34  services provided by the commissioner for all direct operating 
  6.35  costs, including salaries and acquisition of excluding pilot 
  6.36  salary and aircraft acquisition costs.  All receipts for these 
  7.1   services shall be deposited in the air transportation services 
  7.2   account in the state airports fund and are appropriated to the 
  7.3   commissioner to pay all these direct air service operating costs 
  7.4   , including salaries.  Receipts to cover the cost of acquisition 
  7.5   of aircraft must be transferred and credited to the account or 
  7.6   fund whose assets were used for the acquisition. 
  7.7      Sec. 10.  Minnesota Statutes 1996, section 360.653, is 
  7.8   amended to read: 
  7.9      360.653 [AIRCRAFT, EXEMPTIONS.] 
  7.10     The following aircraft, under the conditions specified, 
  7.11  shall be exempt from the registration and the tax provided by 
  7.12  sections 360.511 to 360.67. 
  7.13     (1) Any aircraft held by a dealer listed and used as 
  7.14  provided in section 360.63, except that aircraft held by dealers 
  7.15  on October 1, of each year, shall be registered and the entire 
  7.16  tax provided by sections 360.511 to 360.67 shall be paid for the 
  7.17  portion of the fiscal year, prorated on a monthly basis 
  7.18  remaining after the aircraft came into the possession of the 
  7.19  dealer.  It is further provided that a dealer who has previously 
  7.20  had aircraft on withholding may register such aircraft in 
  7.21  September of each fiscal year by payment of an amount equal to 
  7.22  one-third of the annual tax, which tax shall be applicable for 
  7.23  the months of September through December and in January the 
  7.24  dealer may again list these aircraft on the dealer's withholding 
  7.25  form.  
  7.26     (2) Aircraft remaining in the possession of aircraft 
  7.27  manufacturers ten months after completion shall become subject 
  7.28  to the tax provided by sections 360.511 to 360.67.  The tax 
  7.29  shall be computed from the expiration of the ten months period 
  7.30  and shall be prorated on a monthly basis.  
  7.31     (3) Aircraft while in the hands of aircraft refitters for 
  7.32  the purpose of being refitted or modified or both, and while 
  7.33  being refitted or modified or both.  
  7.34     (4) Aircraft licensed to provide air ambulance service 
  7.35  under section 144E.12, and used exclusively for that purpose. 
  7.36     Sec. 11.  Laws 1997, chapter 159, article 1, section 2, 
  8.1   subdivision 2, is amended to read: 
  8.2   Subd. 2.  Aeronautics                 18,296,000     17,958,000
  8.3                 Summary by Fund
  8.4   Airports             17,896,000     17,958,000
  8.5   General                 400,000        -0-
  8.6   The amounts that may be spent from this 
  8.7   appropriation for each activity are as 
  8.8   follows:  
  8.9   (a) Airport Development and Assistance 
  8.10        1998           1999
  8.11      12,948,000     12,948,000
  8.12  $12,846,000 the first year and 
  8.13  $12,846,000 the second year are for 
  8.14  navigational aids, construction grants, 
  8.15  and maintenance grants.  If the 
  8.16  appropriation for either year is 
  8.17  insufficient, the appropriation for the 
  8.18  other year is available for it. 
  8.19  These appropriations must be spent in 
  8.20  accordance with Minnesota Statutes, 
  8.21  section 360.305, subdivision 4. 
  8.22  $12,000 the first year and $12,000 the 
  8.23  second year are for maintenance of the 
  8.24  Pine Creek Airport.  
  8.25  $90,000 the first year and $90,000 the 
  8.26  second year are for air service grants. 
  8.27  If the appropriation for either year is 
  8.28  insufficient the appropriation for the 
  8.29  other year is available. 
  8.30  (b) Aviation Support 
  8.31       4,880,000      4,941,000
  8.32  $65,000 the first year and $65,000 the 
  8.33  second year are for the civil air 
  8.34  patrol. 
  8.35  $200,000 the first year and $200,000 
  8.36  the second year are for the air service 
  8.37  marketing program under Minnesota 
  8.38  Statutes, section 360.0151. 
  8.39  (c) Air Transportation Services 
  8.40         468,000         69,000 
  8.41                Summary by Fund
  8.42  Airports                 68,000         69,000
  8.43  General                 400,000           -0-
  8.44  $400,000 the first year is from the 
  8.45  general fund for refurbishing a federal 
  8.46  surplus jet airplane for state 
  8.47  ownership and use. 
  8.48     Sec. 12.  [EFFECTIVE DATE.] 
  9.1      Sections 1 to 6 and 9 to 10 are effective July 1, 1998.  
  9.2   Section 11 is effective the day following final enactment. 
  9.3                              ARTICLE 2 
  9.4                        TRANSPORTATION FINANCE 
  9.5      Section 1.  Minnesota Statutes 1996, section 160.02, 
  9.6   subdivision 7, is amended to read: 
  9.7      Subd. 7.  [ROAD OR HIGHWAY.] "Road" or "highway" means a 
  9.8   corridor used primarily for the transportation of persons or 
  9.9   goods and includes, unless otherwise specified, the several 
  9.10  kinds of highways as defined in this section, including roads 
  9.11  designated as minimum-maintenance roads, and also cartways, 
  9.12  together with all bridges or other structures thereon which form 
  9.13  a part of the same.  
  9.14     Sec. 2.  Minnesota Statutes 1996, section 160.02, is 
  9.15  amended by adding a subdivision to read: 
  9.16     Subd. 7a.  [HIGHWAY PURPOSE.] "Highway purpose" means a 
  9.17  purpose that is substantially related to the establishment, 
  9.18  preservation, construction, reconstruction, maintenance, or 
  9.19  administration of a road or highway. 
  9.20     Sec. 3.  Minnesota Statutes 1996, section 161.04, is 
  9.21  amended by adding a subdivision to read: 
  9.22     Subd. 4.  [EXPENDITURES FROM FUND.] Not less than 60 
  9.23  percent of total expenditures in any fiscal year from the trunk 
  9.24  highway fund must be for the preservation, construction and 
  9.25  reconstruction of trunk highways, including engineering and 
  9.26  right-of-way acquisition. 
  9.27     Sec. 4.  Minnesota Statutes 1996, section 174.01, is 
  9.28  amended by adding a subdivision to read: 
  9.29     Subd. 3.  [TRANSPORTATION SPENDING GOALS.] The following 
  9.30  transportation spending goals are established: 
  9.31     (1) total spending per fiscal year from the trunk highway 
  9.32  fund for construction and reconstruction of state trunk 
  9.33  highways, not less than $500,000,000; 
  9.34     (2) total state spending per fiscal year on public transit 
  9.35  outside the seven-county metropolitan area, not less than 
  9.36  $15,000,000 for capital improvements and $17,000,000 for 
 10.1   operating assistance; and 
 10.2      (3) total state spending per fiscal year on public transit 
 10.3   in the seven-county metropolitan area, not less than $32,000,000 
 10.4   for capital improvements and $60,000,000 for operating 
 10.5   assistance.  
 10.6      Sec. 5.  Minnesota Statutes 1996, section 174.02, is 
 10.7   amended by adding a subdivision to read: 
 10.8      Subd. 7.  [RECOMMENDED APPROPRIATIONS FROM GENERAL 
 10.9   FUND.] The commissioner of transportation shall include in each 
 10.10  biennial budget submitted to the legislature a plan, developed 
 10.11  by area transportation partnerships, of recommended expenditures 
 10.12  from the general fund for trunk highway purposes and public 
 10.13  transit purposes.  For purposes of this subdivision only, "trunk 
 10.14  highway purposes" means (1) acquiring new trunk highway 
 10.15  corridors, (2) substantially expanding existing trunk highway 
 10.16  corridors by adding traffic capacity, or (3) substantially 
 10.17  expanding traffic capacity on existing trunk highway corridors. 
 10.18     Sec. 6.  [296.0255] [REVENUE FOR HIGHWAYS; ANNUAL 
 10.19  PROJECTIONS.] 
 10.20     By December 1 of each year the commissioner of revenue 
 10.21  shall certify to the legislature what fuel tax rate increase, if 
 10.22  any, is necessary in order to provide sufficient revenue in the 
 10.23  next fiscal year to the trunk highway fund to ensure that total 
 10.24  expenditures from the trunk highway fund in that fiscal year for 
 10.25  construction and reconstruction of trunk highways will not be 
 10.26  less than $500,000,000. 
 10.27     Sec. 7.  [EFFECTIVE DATE.] 
 10.28     Sections 1, 2, 4, and 6 are effective July 1, 1998.  
 10.29  Sections 3 and 5 are effective July 1, 1999.