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Minnesota Legislature

Office of the Revisor of Statutes

HF 3355

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:02pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; modifying various provisions governing or administered
by the Department of Transportation; amending Minnesota Statutes 2016, sections
117.075, subdivisions 2, 3; 161.115, subdivision 111; 161.32, subdivision 2; 169.81,
by adding a subdivision; 169.8261, subdivision 2; 574.26, subdivision 1a;
Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 161.

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

Section 1.

Minnesota Statutes 2016, section 117.075, subdivision 2, is amended to read:


Subd. 2.

Appoint commissioners for damages.

new text begin(a) new text endIf the proposed taking shall appear
to be necessary and such as is authorized by law, the court by an order shall appoint three
disinterested commissioners, and at least two alternates, to ascertain and report the amount
of damages that will be sustained by the several owners on account of such taking.

new text begin (b) A disinterested commissioner or alternate appointed under this subdivision must
reside in Minnesota.
new text end

Sec. 2.

Minnesota Statutes 2016, section 117.075, subdivision 3, is amended to read:


Subd. 3.

Commissioner qualifications.

deleted text beginBefore appointing a commissioner,deleted text end The court
shall inquire whether each prospective commissioner has any relationship, business or
otherwise, to any of the parties in the proceeding, or any interest in the proceeding which
may constitute a conflict of interest, or which may create the appearance of impropriety
should that person be appointed. Responses to this inquiry must be either written or on the
record and made available by the court to any party in the proceeding deleted text beginbefore and after
appointment
deleted text end. No person who might have difficulty in rendering an unbiased decision may
be appointed to serve. The court, in its discretion, may appoint one registered, practicing
attorney to the commission who is knowledgeable in eminent domain matters. All other
commissioners appointed must be persons actively engaged in the occupation of real estate
sales or real estate appraising or persons knowledgeable in real estate values.

Sec. 3.

Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:


Subd. 111.

Route No. 180.

Beginning at a point on Route No. deleted text begin392 southwest or west
of Ashby
deleted text endnew text begin 3 at or near Erdahlnew text end, thence extending in a general northerly or northeasterly
direction to a point on deleted text beginRoute No. 153 as herein established at or near Ashby, thence extending
in a northeasterly direction to a point on
deleted text end Route No. 181 as herein established at or near
Ottertail.

Sec. 4.

Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:


Subd. 2.

Direct negotiation.

In cases where the estimated cost of construction work or
maintenance work does not exceed deleted text begin$150,000deleted text endnew text begin $250,000new text end, the commissioner may enter into
a contract for the work by direct negotiation, by obtaining two or more quotations for the
work, and without advertising for bids or otherwise complying with the requirements of
competitive bidding if the total contractual obligation of the state for the directly negotiated
contract or contracts on any single project does not exceed deleted text begin$150,000deleted text endnew text begin $250,000new text end. All quotations
obtained shall be kept on file for a period of at least one year after receipt of the quotation.

Sec. 5.

new text begin [161.369] INDIAN EMPLOYMENT PREFERENCE.
new text end

new text begin As authorized by United States Code, title 23, section 140(d), the commissioner of
transportation may implement an Indian employment preference for members of federally
recognized tribes on projects carried out under United States Code, title 23, near an Indian
reservation. For purposes of this section, a project is near a reservation if: (1) the project is
within the distance a person seeking employment could reasonably be expected to commute
to and from each work day; or (2) the commissioner, in consultation with federally recognized
Minnesota tribes, determines a project is near an Indian reservation.
new text end

Sec. 6.

Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Automobile transporter. new text end

new text begin (a) For purposes of this subdivision, the following
terms have the meanings given them:
new text end

new text begin (1) "automobile transporter" means any vehicle combination designed and used to
transport assembled highway vehicles, including truck camper units;
new text end

new text begin (2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer
having the fifth wheel located on a drop frame located behind and below the rear-most axle
of the power unit; and
new text end

new text begin (3) "backhaul" means the return trip of a vehicle transporting cargo or general freight,
especially when carrying goods back over all or part of the same route.
new text end

new text begin (b) Stinger-steered combination automobile transporters having a length of 80 feet or
less may be operated on interstate highways and other highways designated in this section,
and in addition may carry a load that extends the length by four feet or less in the front of
the vehicle and six feet or less in the rear of the vehicle.
new text end

new text begin (c) An automobile transporter may transport cargo or general freight on a backhaul,
provided it complies with weight limitations for a truck tractor and semitrailer combination
under section 169.824.
new text end

Sec. 7.

Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:


Subd. 2.

Conditions.

(a) A vehicle or combination of vehicles described in subdivision
1 must:

(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;

(2) comply with bridge load limits posted under section 169.84;

(3) be equipped and operated with six or more axles and brakes on all wheels;

(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;

(5) not be operated on interstate highways;

(6) obtain an annual permit from the commissioner of transportation;

(7) obey all road postings; and

(8) not exceed 20,000 pounds gross weight on any single axle.

(b) A vehicle operated under this section may exceed the legal axle weight limits listed
in section 169.824 by not more than 12.5 percent; except that, the weight limits may be
exceeded by not more than 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.

new text begin (c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles
hauling raw or unfinished forest products may also operate on the segment of Interstate
Route 35 provided under United States Code, title 23, section 127.
new text end

Sec. 8.

Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended
to read:


Subd. 4.

Certain emergency vehicles.

new text begin(a) new text endThe provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a law enforcement special
response vehicle, or a licensed land emergency ambulance service vehicle.

new text begin (b) Emergency vehicles designed to transport personnel and equipment to support the
suppression of fires and to mitigate other hazardous situations are subject to the following
weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single
steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency
vehicle operating on an interstate highway must not exceed 86,000 pounds.
new text end

Sec. 9.

Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:


Subd. 1a.

Exemptions: certain manufacturers; commissioner of transportation;
road maintenance.

(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public
transit buses that manufactures at least 100 public transit buses in a calendar year. For
purposes of this section, "public transit bus" means a motor vehicle designed to transport
people, with a design capacity for carrying more than 40 passengers, including the driver.
The term "public transit bus" does not include a school bus, as defined in section 169.011,
subdivision 71
.

(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
do not apply to any projects of the Department of Transportation (1) costing less than the
amount in section 471.345, subdivision 3, deleted text beginordeleted text end (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be used primarily
for maintenance or repairnew text begin, or (3) awarded under section 161.32, subdivision 2new text end.

(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal,
grading, or other similar routine road maintenance on town roads.

Sec. 10. new text beginLEGISLATIVE ROUTE NO. 222 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Red Lake County to transfer jurisdiction of
Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end

Sec. 11. new text beginLEGISLATIVE ROUTE NO. 253 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end

Sec. 12. new text beginLEGISLATIVE ROUTE NO. 254 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end

Sec. 13. new text beginLEGISLATIVE ROUTE NO. 277 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Chippewa County to transfer jurisdiction of
Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end

Sec. 14. new text beginLEGISLATIVE ROUTE NO. 298 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end

Sec. 15. new text beginLEGISLATIVE ROUTE NO. 299 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end

Sec. 16. new text beginLEGISLATIVE ROUTE NO. 323 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end

new text begin (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.
new text end