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Minnesota Legislature

Office of the Revisor of Statutes

HF 3369

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/26/2018 04:29pm

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; governing various provisions relating to transportation
policy and finance; amending governance related to the Metropolitan Council;
amending Minnesota Statutes 2016, sections 3.8841, subdivision 9; 160.295,
subdivision 5; 168A.151, subdivision 1; 169.011, subdivisions 5, 9, 60; 169.18,
subdivision 3; 169.222, subdivisions 1, 4; 169.26, subdivision 1; 169.28; 169.29;
169.345, subdivision 2; 169.71, subdivision 4; 169.92, subdivision 4; 171.041;
171.16, subdivisions 2, 3; 171.18, subdivision 1; 174.03, by adding a subdivision;
174.66; 221.036, subdivisions 1, 3; 221.122, subdivision 1; 221.161, subdivision
1, by adding a subdivision; 221.171, subdivision 1; 473.123; 473.13, subdivisions
1, 4, by adding subdivisions; 473.146, subdivisions 1, 3, 4; 473.375, by adding a
subdivision; 473.3994, subdivision 9, by adding a subdivision; 473.4051,
subdivision 3; Minnesota Statutes 2017 Supplement, sections 3.972, subdivision
4; 15A.0815, subdivision 3; 160.02, subdivision 1a; 160.262, subdivisions 1, 3;
160.266, subdivisions 3, 5; 174.38, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapter 161; repealing Minnesota Statutes 2016, section
221.161, subdivisions 2, 3, 4; Laws 1994, chapter 628, article 1, section 8.

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

ARTICLE 1

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended
to read:


Subd. 4.

Certain transit financial activity reporting.

(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division deleted text beginand the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter,
deleted text end new text begintwo times each year. The first report, due
April 1, must include the quarters ending on September 30 and December 31 of the previous
calendar year. The second report, due October 1, must include the quarters ending on March
31 and June 30 of the current year.
new text endThe legislative auditor must submit the review to the
Legislative Audit Commission and the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance, finance, and ways and
means.

(b) At a minimum, each transit financial activity review must include:

(1) a summary of monthly financial statements, including balance sheets and operating
statements, that shows income, expenditures, and fund balance;

(2) a list of any obligations and agreements entered into related to transit purposes,
whether for capital or operating, including but not limited to bonds, notes, grants, and future
funding commitments;

(3) the amount of funds in clause (2) that has been committed;

(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues
and fund balance compared to expenditures, taking into account:

(i) all expenditure commitments;

(ii) cash flow;

(iii) sufficiency of estimated funds; and

(iv) financial solvency of anticipated transit projects; and

(5) a notification concerning whether the requirements under paragraph (c) have been
met.

(c) The Metropolitan Council deleted text beginand the joint powers board under section 297A.992deleted text end must
produce monthly financial statements as necessary for the review under paragraph (b),
clause (1), and provide timely information as requested by the legislative auditor.

new text begin (d) This subdivision expires on April 15, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended
to read:


Subd. 1a.

Bikeway.

"Bikeway" deleted text beginmeans a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modes
deleted text endnew text begin has the meaning given in
section 169.011, subdivision 9
new text end.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 160.262, subdivision 1, is amended
to read:


Subdivision 1.

Bikeways; powers and duties; design guidelines.

(a) The legislature
determines that it is in the interests of the public health, safety and welfare, to provide for
the addition of bikeways to proposed and existing public highways. The commissioner of
transportation is authorized to new text begin(1) new text endplan, design, establish, and maintain bikeways on the
right-of-way of any trunk highwaydeleted text begin. The commissioner is responsible for the design and
construction of all bikeway projects within the right-of-way of any trunk highway
deleted text endnew text begin, and (2)
identify, plan, design, and assist in development of bikeways throughout the state
new text end.

new text begin (b)new text end The commissioner must consider the development of bikeways during the planning,
design, construction, reconstruction, or improvement of any trunk highway, or allow the
establishment of such bikeways within trunk highway right-of-way.

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioner must maintain bikeway design guidelines consistent with the
state transportation goals in section 174.01.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner must compile and maintain a map of bikeways in the state and
must publish and distribute the map's information at least once every two years in a form
and manner suitable to assist persons wishing to use the bikeways.

deleted text begin (d)deleted text endnew text begin (e) The commissioner is responsible to design and construct all bikeway projects
within the right-of-way of any trunk highway.
new text end The commissioner must maintain bikeways
within the limits of trunk highway right-of-way unless a written agreement or limited use
permit provides otherwise.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 160.262, subdivision 3, is amended
to read:


Subd. 3.

Cooperation among agencies and governments.

new text begin (a) The commissioner must
cooperate with road and trail authorities, including the commissioner of natural resources,
the commissioner of employment and economic development, and any other state agency
the commissioner deems necessary, to identify, plan, design, and assist in developing
bikeways throughout the state.
new text end

new text begin (b) new text endThe departments and agencies on the nonmotorized transportation advisory committee
identified in section 174.37 must provide information and advice for the bikeway design
guidelines maintained by the commissioner of transportation.

new text begin (c) new text endThe commissioner may cooperate with and enter into agreements with the United
States government, any department of the state of Minnesota, any unit of local government,
any tribal government, or any public or private corporation in order to effect the purposes
of this section.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 160.266, subdivision 3, is amended
to read:


Subd. 3.

Connections with other bikeways.

(a) The commissioner, in cooperation with
road and trail authorities including the commissioner of natural resources, must:

(1) identify existing bikeways of regional significance that are in reasonable proximity
but not connected to the state bicycle routes established under this section; and

(2) support development of linkagesnew text begin (i)new text end betweennew text begin state bicycle routes and bikeways under
the jurisdiction of other road and trail authorities, and (ii) among
new text end state bicycle routes
established under this section.

(b) The requirements of this subdivision are a secondary priority for use of funds available
under this section following establishment and enhancement of state bicycle routes under
this section.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 160.266, subdivision 5, is amended
to read:


Subd. 5.

Funding.

Shared use paths included within state bicycle routes and not
administered by the commissioner of natural resources are eligible for funding from the
environment and natural resources trust fund under chapter 116P, from the parks and trails
grant program under section 85.535, from the local recreation grants program under section
85.019, subdivision 4b,new text begin from the active transportation program under section 174.38,new text end and
from other sources.

Sec. 7.

Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:


Subd. 5.

Rural agricultural business or tourist-oriented business.

new text begin(a) new text endA rural
agricultural or tourist-oriented business new text beginserviced by a specific service sign new text endmust be open a
minimum of eight hours per day, six days per week, and 12 months per year. deleted text beginHowever,
deleted text end

new text begin (b)new text end A seasonal business deleted text beginmay qualify if it isdeleted text endnew text begin serviced by a specific service sign must benew text end
open eight hours per day and six days per week during the normal seasonal period.

new text begin (c) A farm winery serviced by a specific service sign must:
new text end

new text begin (1) be licensed under section 340A.315;
new text end

new text begin (2) be licensed by the Department of Health under section 157.16;
new text end

new text begin (3) provide continuous, staffed food service operation; and
new text end

new text begin (4) be open at least four hours per day and two days per week.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

new text begin [161.126] WEIGH STATIONS.
new text end

new text begin (a) The commissioner must establish a minimum design length of 2,500 feet for the
entrance ramp from a fixed weigh station where the ramp merges into the left-hand lane of
a trunk highway.
new text end

new text begin (b) The commissioners of transportation and public safety may operate a fixed weigh
station only if the requirements of this section are met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:


Subdivision 1.

Salvage titles.

(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a deleted text beginlate-model or high-valuedeleted text end vehicle through payment of
damages, the insurer shall immediately apply for a salvage certificate of title or shall stamp
the existing certificate of title with the legend "SALVAGE CERTIFICATE OF TITLE" in
a manner prescribed by the department. Within ten days of obtaining the title of a vehicle
through payment of damages, an insurer must notify the department in a manner prescribed
by the department.

(b) A person shall immediately apply for a salvage certificate of title if the person acquires
a damaged deleted text beginlate-model or high-valuedeleted text end vehicle with an out-of-state title and the vehicle:

(1) is a vehicle that was acquired by an insurer through payment of damages;

(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle;
or

(3) has an out-of-state salvage certificate of title as proof of ownership.

(c) A self-insured owner of a late-model or high-value vehicle that sustains damage by
collision or other occurrence which exceeds 80 percent of its actual cash value shall
immediately apply for a salvage certificate of title.

Sec. 10.

Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:


Subd. 5.

Bicycle lane.

"Bicycle lane" means a portion of a roadway deleted text beginor shoulderdeleted text end designed
for exclusive or preferential use by persons using bicycles. Bicycle lanes are to be
distinguished from the portion of the roadway deleted text beginor shoulderdeleted text end used for motor vehicle traffic by
physical barrier, striping, marking, or other similar device.

Sec. 11.

Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:


Subd. 9.

Bikeway.

"Bikeway" means a bicycle lane, bicycle path, deleted text beginordeleted text end bicycle route,new text begin shared
use path, or similar bicycle facility,
new text end regardless of whether it is designed for the exclusive
use of bicycles or deleted text beginis to bedeleted text endnew text begin fornew text end sharednew text begin usenew text end with other transportation modes.

Sec. 12.

Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:


Subd. 60.

Railroad train.

"Railroad train" means a steam engine, electric or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars.new text begin Railroad train
includes on-track equipment or other rolling stock operated upon rails, whether self-propelled
or coupled to another device.
new text end

Sec. 13.

Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:


Subd. 3.

Passing.

deleted text begin The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to the limitations, exceptions, and special rules
hereinafter stated:
deleted text end

deleted text begin (1)deleted text endnew text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text endnew text begin mustnew text end pass to the left deleted text beginthereofdeleted text endnew text begin of the other vehiclenew text end at a safe distance and deleted text beginshall not again
drive
deleted text endnew text begin is prohibited from returningnew text end to the right side of the roadway until safely clear of the
overtaken vehicledeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2)deleted text endnew text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text beginshalldeleted text endnew text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text beginon
audible warning,
deleted text end and deleted text beginshalldeleted text endnew text begin mustnew text end not increase deleted text beginthedeleted text end speed deleted text beginof the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text endnew text begin (c)new text end The operator of a motor vehicle overtaking a bicycle or individual proceeding in
the same direction on the roadway deleted text beginshall leavedeleted text end new text beginor shoulder must:
new text end

new text begin (1) either (i) maintainnew text end a safenew text begin clearancenew text end distancenew text begin while passingnew text end, but in no case less than
three feet deleted text beginclearance, when passing the bicycle or individualdeleted text endnew text begin or one-half the width of the
motor vehicle, whichever is greater; or (ii) completely enter another lane of the roadway
while passing;
new text end and deleted text beginshall
deleted text end

new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text beginpastdeleted text endnew text begin passednew text end the overtaken bicycle
or individual.

Sec. 14.

Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:


Subdivision 1.

Traffic laws apply.

new text begin(a) new text endEvery person operating a bicycle deleted text beginshall havedeleted text endnew text begin hasnew text end
all of the rights and duties applicable to the driver of any other vehicle by this chapter,
except in respect to those provisions in this chapter relating expressly to bicycles and in
respect to those provisions of this chapter which by their nature cannot reasonably be applied
to bicycles.new text begin This subdivision applies to a bicycle operating on the shoulder of a roadway.
new text end

new text begin (b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or
shoulder on a crosswalk, has all the rights and duties applicable to a pedestrian under the
same circumstances.
new text end

Sec. 15.

Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:


Subd. 4.

Riding rules.

(a) Every person operating a bicycle deleted text beginupon a roadway shalldeleted text endnew text begin on a
road must
new text end ride as close deleted text beginas practicabledeleted text end to the right-hand curb or edge of the deleted text beginroadway except
under any of the following situations
deleted text endnew text begin road as the bicycle operator determines is safe. A
person operating a bicycle is not required to ride as close to the right-hand curb when
new text end:

(1) deleted text beginwhendeleted text end overtaking and passing another vehicle proceeding in the same direction;

(2) deleted text beginwhendeleted text end preparing for a left turn at an intersection or into a private road or driveway;

(3) deleted text beginwhendeleted text end reasonably necessary to avoid conditionsnew text begin that make it unsafe to continue along
the right-hand curb or edge
new text end, including fixed or moving objects, vehicles, pedestrians, animals,
surface hazards, or narrow width lanesdeleted text begin, that make it unsafe to continue along the right-hand
curb or edge
deleted text end; deleted text beginor
deleted text end

(4) deleted text beginwhendeleted text end operating on the shoulder of a roadway or in a bicycle lanenew text begin; or
new text end

new text begin (5) operating in a right-hand turn lane prior to entering an intersectionnew text end.

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text beginshalldeleted text endnew text begin operator mustnew text end
travel in the same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane.

(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal
when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle
upon a sidewalk within a business district unless permitted by local authorities. Local
authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their
jurisdiction.

(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
distance when overtaking a bicycle or individual proceeding in the same direction on the
bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

deleted text begin (f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.
deleted text end

deleted text begin (g)deleted text end new text begin(f) new text endA person may operate an electric-assisted bicycle on the shoulder of a roadway,
on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
(b), as applicable.

new text begin (g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an
intersection proceeding from a dedicated right-hand turn lane without turning right.
new text end

Sec. 16.

Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) Except as provided in section 169.28, subdivision 1,
when any person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet
from the nearest railroad track and shall not proceed until safe to do so and until the roadway
is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle
is at least ten feet past the farthest railroad track. These requirements apply when:

(1) a clearly visible electric or mechanical signal device warns of the immediate approach
of a railroad train; or

(2) an approaching railroad train is plainly visible and is in hazardous proximity.

(b) The fact that a movingnew text begin railroadnew text end train approaching a railroad grade crossing is visible
from the crossing is prima facie evidence that it is not safe to proceed.

(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade
crossing when a human flagger signals the approach or passage of anew text begin railroadnew text end train or when
a crossing gate is lowered warning of the immediate approach or passage of a railroad train.
No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals
that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

Sec. 17.

Minnesota Statutes 2016, section 169.28, is amended to read:


169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.

Subdivision 1.

Requirements.

(a) The driver of any motor vehicle carrying passengers
for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop at railroad
grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing
at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more
than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look
in both directions along the track for any approachingnew text begin railroadnew text end train, and for signals indicating
the approach of anew text begin railroadnew text end train, except as deleted text beginhereinafterdeleted text endnew text begin otherwisenew text end provideddeleted text begin, anddeleted text endnew text begin in this section.
The driver
new text end shall not proceed until safe to do so and until the roadway is clear of traffic so
that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet
past the farthest railroad track. The driver must not shift gears while crossing the railroad
tracks.

(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings
except at those railroad grade crossings that the local school administrative officer may
designate.

(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of
school buses to stop at railroad grade crossings.

(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:

(1) the crossing occurs within the intersection of two or more public streets;

(2) the intersection is controlled by a traffic-control signal; and

(3) the intersection is marked with signs indicating to drivers that the requirements of
this subdivision do not apply. Notwithstanding any other provision of law, the owner or
operator of the track or tracks is authorized to place, maintain, and display the signs upon
and in the view of the public street or streets.

Subd. 2.

Exempt crossing.

(a) The commissioner may designate a crossing as an exempt
crossing:

(1) if the crossing is on a rail line on which service has been abandoned;

(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling
at speeds of ten miles per hour or less; or

(3) as agreed to by the operating railroad and the Department of Transportation, following
a diagnostic review of the crossing.

(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the
word "Exempt" that conform to section 169.06. The installation or presence of an exempt
sign does not relieve a driver of the duty to use due care.

new text begin (c) new text endAnew text begin railroadnew text end train must not proceed across an exempt crossing unless a police officer
is present to direct traffic or a railroad employee is on the ground to warn traffic until thenew text begin
railroad
new text end train enters the crossing.

deleted text begin (c)deleted text endnew text begin (d)new text end A vehicle that must stop at grade crossings under subdivision 1 is not required
to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad
employee.

Sec. 18.

Minnesota Statutes 2016, section 169.29, is amended to read:


169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.

(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller,
or any equipment or structure having a normal operating speed of six or less miles per hour
or a vertical body or load clearance of less than nine inches above the level surface of a
roadway upon or across any tracks at a railroad grade crossing without first complying with
this section.

(b) Before making any crossing, the person operating or moving any vehicle or equipment
set forth in this section shall first stop the same not less than ten, nor more than 50, feet
from the nearest rail of the railway, and while so stopped shall listen and look in both
directions along the track for any approachingnew text begin railroadnew text end train and for signals indicating the
approach of anew text begin railroadnew text end train, and shall not proceed until the crossing can be made safely.

(c) No crossing shall be made when warning is given by automatic signal or crossing
gates or a flagger or otherwise of the immediate approach of a railroad train or car.

(d) No stop need be made at a crossing on a rail line on which service has been abandoned
and where a sign erected in conformance with section 169.06 and bearing the word "Exempt"
has been installed, unless directed otherwise by a flagger. The installation or presence of
an exempt sign shall not relieve any driver of the duty to use due care.

Sec. 19.

Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For the purpose of section 168.021 and this section, the following
terms have the meanings given them in this subdivision.

(b) "Health professional" means a licensed physician, licensed physician assistant,
advanced practice registered nurse, new text beginlicensed physical therapist, new text endor licensed chiropractor.

(c) "Long-term certificate" means a certificate issued for a period greater than 12 months
but not greater than 71 months.

(d) "Organization certificate" means a certificate issued to an entity other than a natural
person for a period of three years.

(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.

(f) "Physically disabled person" means a person who:

(1) because of disability cannot walk without significant risk of falling;

(2) because of disability cannot walk 200 feet without stopping to rest;

(3) because of disability cannot walk without the aid of another person, a walker, a cane,
crutches, braces, a prosthetic device, or a wheelchair;

(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less than
one liter;

(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;

(6) uses portable oxygen;

(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;

(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or

(9) has a disability that would be aggravated by walking 200 feet under normal
environmental conditions to an extent that would be life threatening.

(g) "Short-term certificate" means a certificate issued for a period greater than six months
but not greater than 12 months.

(h) "Six-year certificate" means a certificate issued for a period of six years.

(i) "Temporary certificate" means a certificate issued for a period not greater than six
months.

Sec. 20.

Minnesota Statutes 2016, section 169.71, subdivision 4, is amended to read:


Subd. 4.

Glazing material; prohibitions and exceptions.

(a) No person shall drive or
operate any motor vehicle required to be registered in the state of Minnesota upon any street
or highway under the following conditions:

(1) when the windshield is composed of, covered by, or treated with any material which
has the effect of making the windshield more reflective or in any other way reducing light
transmittance through the windshield;

(2) when any window on the vehicle is composed of, covered by, or treated with any
material that has a highly reflective or mirrored appearance;

(3) when any side window or rear window is composed of or treated with any material
so as to obstruct or substantially reduce the driver's clear view through the window or has
a light transmittance of less than 50 percent plus or minus three percent in the visible light
range or a luminous reflectance of more than 20 percent plus or minus three percent; or

(4) when any material has been applied after August 1, 1985, to any motor vehicle
window without an accompanying permanent marking which indicates the percent of
transmittance and the percent of reflectance afforded by the material. The marking must be
in a manner so as not to obscure vision and be readable when installed on the vehicle.

(b) This subdivision does not apply to glazing materials which:

(1) have not been modified since the original installation, nor to original replacement
windows and windshields, that were originally installed or replaced in conformance with
Federal Motor Vehicle Safety Standard 205;

(2) are required to satisfy prescription or medical needs of the driver of the vehicle or a
passenger if:

(i) the driver or passenger is in possession of the prescription or a physician's statement
of medical need;

(ii) the prescription or statement specifically states the minimum percentage that light
transmittance may be reduced to satisfy the prescription or medical needs of the patient;
and

(iii) the prescription or statement contains an expiration date, which must be no more
than two years after the date the prescription or statement was issued; or

(3) are applied to:

(i) the rear windows of a pickup truck as defined in section 168.002, subdivision 26;

(ii) the rear windows or the side windows on either side behind the driver's seat of a van
as defined in section 168.002, subdivision 40;

(iii) the side and rear windows of a vehicle used to transport human remains by a funeral
establishment holding a license under section 149A.50;

(iv) the side and rear windows of a limousine as defined in section 168.002, subdivision
15
new text begin, that is registered in compliance with the requirements of section 168.128new text end; or

(v) the rear and side windows of a police vehicle.

Sec. 21.

Minnesota Statutes 2016, section 169.92, subdivision 4, is amended to read:


Subd. 4.

Suspension of driver's license.

(a) Upon receiving a report from the court, or
from the driver licensing authority of a state, district, territory, or possession of the United
States or a province of a foreign country which has an agreement in effect with this state
pursuant to section 169.91, that a resident of this state or a person licensed as a driver in
this state did not appear in court in compliance with the terms of a citation, the commissioner
of public safety shall notify the driver that the driver's license will be suspended unless the
commissioner receives notice within 30 days that the driver has appeared in the appropriate
court deleted text beginor, if the offense is a petty misdemeanor for which a guilty plea was entered under
section 609.491, that the person has paid any fine imposed by the court
deleted text end. If the commissioner
does not receive notice of the appearance in the appropriate court deleted text beginor payment of the finedeleted text end
within 30 days of the date of the commissioner's notice to the driver, the commissioner may
suspend the driver's license, subject to the notice requirements of section 171.18, subdivision
2
.new text begin Notwithstanding the requirements in this section, the commissioner is prohibited from
suspending the driver's license of a person based solely on the fact that the person did not
appear in court in compliance with the terms of a citation for a petty misdemeanor or for a
violation of section 171.24, subdivision 1.
new text end

(b) The order of suspension shall indicate the reason for the order and shall notify the
driver that the driver's license shall remain suspended until the driver has furnished evidence,
satisfactory to the commissioner, of compliance with any order entered by the court.

(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arrested; describes the violation, specifying the section of the traffic
law, ordinance or rule violated; indicates the location and date of the offense; and describes
the vehicle involved and its registration number.

Sec. 22.

Minnesota Statutes 2016, section 171.041, is amended to read:


171.041 RESTRICTED LICENSE FOR FARM WORK.

new text begin (a) new text endNotwithstanding any provisions of section 171.04 relating to the age of an applicant
to the contrary, the commissioner may issue a restricted farm work license to operate a
motor vehicle to a person who has attained the age of 15 years and who, except for age, is
qualified to hold a driver's license. The applicant is not required to comply with the six-month
instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and
171.05, subdivision 2a, or with the 12-month provisional license possession provision of
section 171.04, subdivision 1, clause (1), item (i).

new text begin (b)new text end The restricted license deleted text beginshalldeleted text endnew text begin mustnew text end be issued solely for the purpose of authorizing the
person to whom the restricted license is issued to assist the person's parents or guardians
with farm work.new text begin Any entity authorized to farm under section 500.24 may perform farm
work under the restricted license.
new text end A person holding this restricted license may operate a
motor vehicle only during daylight hours and only within a radius of deleted text begin20deleted text endnew text begin 40new text end miles of the
parent's or guardian's farmhouse; however, in no case may a person holding the restricted
license operate a motor vehicle in a city of the first class.

new text begin (c)new text end An applicant for a restricted license shall apply to the commissioner for the license
on forms prescribed by the commissioner. The application deleted text beginshalldeleted text endnew text begin mustnew text end be accompanied by:

(1) a copy of a property tax statement showing that the applicant's parent or guardian
owns land that is classified as agricultural land or a copy of a rental statement or agreement
showing that the applicant's parent or guardian rents land classified as agricultural land; and

(2) a written verified statement by the applicant's parent or guardian setting forth the
necessity for the license.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2016, section 171.16, subdivision 2, is amended to read:


Subd. 2.

Commissioner shall suspend.

new text begin(a) new text endThe court may recommend the suspension
of the driver's license of the person so convicted, and the commissioner shall suspend such
license as recommended by the court, without a hearing deleted text beginas provided hereindeleted text end.

new text begin (b) The commissioner is prohibited from suspending a person's driver's license if the
person was convicted only under section 171.24, subdivision 1 or 2.
new text end

Sec. 24.

Minnesota Statutes 2016, section 171.16, subdivision 3, is amended to read:


Subd. 3.

deleted text beginSuspension fordeleted text end Failure to pay fine.

deleted text beginWhen any court reports todeleted text end The
commissioner new text beginmust not suspend a person's driver's license based solely on the fact new text endthat a
person: (1) has been convicted of violating a law of this state or an ordinance of a political
subdivision which regulates the operation or parking of motor vehicles, (2) has been
sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced
to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with
that sentence or to pay the surchargedeleted text begin, notwithstanding the fact that the court has determined
that the person has the ability to pay the fine or surcharge, the commissioner shall suspend
the driver's license of such person for 30 days for a refusal or failure to pay or until notified
by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has
been paid
deleted text end.

Sec. 25.

Minnesota Statutes 2016, section 171.18, subdivision 1, is amended to read:


Subdivision 1.

Offenses.

(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required upon
conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance
regulating traffic, other than a conviction for a petty misdemeanor, and department records
show that the violation contributed in causing an accident resulting in the death or personal
injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would be
grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within
five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may not
suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; or

(13) has paid or attempted to pay a fee required under this chapter for a license or permit
by means of a dishonored check issued to the state or a driver's license agent, which must
be continued until the registrar determines or is informed by the agent that the dishonored
check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to the
recommendation of the court when made in connection with the prosecution of the licensee.

(b) The commissioner deleted text beginmay not suspenddeleted text endnew text begin is prohibited from suspendingnew text end the driver's license
of an individual under paragraph (a) who was convicted of a violation of section 171.24,
subdivision 1deleted text begin, whose license was under suspension at the time solely because of the
individual's failure to appear in court or failure to pay a fine
deleted text endnew text begin or 2new text end.

Sec. 26.

Minnesota Statutes 2016, section 174.03, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Trunk highway performance implementation plan. new text end

new text begin (a) The commissioner
must develop and implement a performance implementation plan for the trunk highway
system to improve the condition of the existing infrastructure and enhance the efficiency
and effectiveness of the transportation system. The plan must include strategies to achieve
the state transportation goals for the trunk highway system established in section 174.01,
comply with all other applicable state and federal law, and include all transportation modes
and all infrastructure assets within trunk highway rights-of-way.
new text end

new text begin (b) At a minimum, the plan must include:
new text end

new text begin (1) an inventory of assets, including but not limited to bridge, pavement, geotechnical,
pedestrian, bicycle, and transit assets;
new text end

new text begin (2) predictive and consequential performance measures and annual performance targets
for each asset type, identified in collaboration with the public and to be achieved by each
district of the department;
new text end

new text begin (3) gap identification and an explanation of the difference between performance targets
and current status;
new text end

new text begin (4) life cycle and risk assessments for programs in each district of the department; and
new text end

new text begin (5) an annual investment plan for each district of the department based on funding
expected during the next ten years.
new text end

new text begin (c) Annually by December 15, the commissioner must submit the trunk highway
performance implementation plan, including information detailing the department's progress
on implementing the plan, to the chairs and ranking minority members of the legislative
committees having jurisdiction over transportation policy and finance. The plan must be
signed by a professional engineer licensed in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018. The initial performance
implementation plan under this section is due December 15, 2019.
new text end

Sec. 27.

Minnesota Statutes 2017 Supplement, section 174.38, subdivision 5, is amended
to read:


Subd. 5.

Eligibility.

Eligible recipients of financial assistance under this section are:

(1) a political subdivision; deleted text beginand
deleted text end

(2) a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code, as
amendednew text begin; and
new text end

new text begin (3) the statenew text end.

Sec. 28.

Minnesota Statutes 2016, section 174.66, is amended to read:


174.66 CONTINUATION OF CARRIER RULES.

(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

(1) section 218.041 except rules related to the form and manner of filing railroad rates,
railroad accounting rules, and safety rules;

(2) section 219.40;

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;new text begin and
new text end

(4) deleted text beginrules relating to rates, charges, and practices under section 221.161, subdivision 4;
and
deleted text end

deleted text begin (5)deleted text end rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under
section 221.121.

(b) The commissioner shall review the transferred rules, orders, and directives and, when
appropriate, develop and adopt new rules, orders, or directives.

Sec. 29.

Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:


Subdivision 1.

Order.

The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5)
a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway
grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous
waste, motor carrier operations,new text begin ornew text end insurancedeleted text begin, or tariffs and accountingdeleted text end. An order must be
issued as provided in this section.

Sec. 30.

Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:


Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations new text beginidentified during a single audit or
investigation
new text endof new text begin(1) new text endsection 221.021deleted text begin;deleted text endnew text begin,new text end 221.141deleted text begin;deleted text endnew text begin,new text end or 221.171, ornew text begin (2)new text end rules of the commissioner
relating to motor carrier operationsdeleted text begin,deleted text end new text beginor new text endinsurancedeleted text begin, or tariffs and accounting, identified during
a single inspection, audit, or investigation
deleted text end.

(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land,
or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the violation;
and

(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:

(1) a driver who is convicted of a violation of an out-of-service order;

(2) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order; or

(3) an employer who knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of a federal, state, or local law or regulation pertaining to
railroad-highway grade crossings.

Sec. 31.

Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:


Subdivision 1.

Registration, insurance, and filing requirements.

(a) An order issued
by the commissioner which grants a certificate or permit must contain a service date.

(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:

(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;new text begin and
new text end

(2) file and maintain insurance or bond as required by section 221.141 and rules of the
commissionerdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
deleted text end

Sec. 32.

Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginFiling; hearing upon commissioner initiativedeleted text endnew text begin Tariff maintenance and
contents
new text end.

A household goods deleted text begincarrier shall file anddeleted text end new text beginmover must new text endmaintain deleted text beginwith the
commissioner
deleted text end a tariff showing rates and charges for transporting household goods. deleted text beginTariffs
must be prepared and filed in accordance with the rules of the commissioner. When tariffs
are filed in accordance with the rules and accepted by the commissioner, the filing constitutes
notice to the public and interested parties of the contents of the tariffs. The commissioner
shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory,
unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted
under this section, after notification and investigation by the department, the commissioner
may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing
upon notice to the household goods carrier filing the proposed tariffs and to other interested
parties, including users of the service and competitive carriers by motor vehicle and rail.
At the hearing, the burden of proof is on the household goods carrier filing the proposed
tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and
subsequent supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period of time is reduced
by special permission of the commissioner.
deleted text endnew text begin A household goods mover must prepare a tariff
under this section in accordance with Code of Federal Regulations, title 49, part 1310.3,
which is incorporated by reference.
new text end

Sec. 33.

Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Tariff availability. new text end

new text begin (a) A household goods mover subject to this section must
maintain all of its effective tariffs at its principal place of business and at each of its terminal
locations, and must make the tariffs available to the public for inspection at all times the
household goods mover is open for business. Any publication referred to in a tariff must be
maintained with that tariff.
new text end

new text begin (b) Upon request, a household goods mover must provide copies of tariffs, specific tariff
provisions, or tariff subscriptions to the commissioner or any interested person.
new text end

Sec. 34.

Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:


Subdivision 1.

Compensation fixed by schedule on file.

deleted text beginNodeleted text endnew text begin Anew text end household goods deleted text begincarrier
shall
deleted text endnew text begin mover must notnew text end charge or receive a greater, lesser, or different compensation for the
transportation deleted text beginof persons or propertydeleted text end or deleted text beginfor relateddeleted text end servicedeleted text begin,deleted text end new text beginprovided new text endthan the rates and
charges deleted text beginnamed in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissioner
deleted text endnew text begin specified in the tariffnew text end under section 221.161deleted text begin; nor shalldeleted text endnew text begin.new text end
A household goods deleted text begincarrierdeleted text endnew text begin mover must notnew text end refund or remit in any manner or by any device,
directly or indirectly, the rates and charges required to be collected by the deleted text begincarrierdeleted text endnew text begin movernew text end
under the deleted text begincarrier'sdeleted text endnew text begin mover'snew text end schedules deleted text beginor under the rates, if any, fixed by the commissionerdeleted text end.

Sec. 35.

Minnesota Statutes 2016, section 473.13, subdivision 1, is amended to read:


Subdivision 1.

Budget.

(a)new text begin Except as provided in paragraph (b),new text end on or before December
20 of each year, the council shall adopt a final budget covering its anticipated receipts and
disbursements for the ensuing year and shall decide upon the total amount necessary to be
raised from ad valorem tax levies to meet its budget. The budget deleted text beginshalldeleted text endnew text begin mustnew text end state in detail
the expenditures for each program to be undertaken, including the expenses for salaries,
consultant services, overhead, travel, deleted text beginprinting,deleted text end and other items. The budget deleted text beginshalldeleted text endnew text begin mustnew text end state
in detail thenew text begin council's nontransportationnew text end capital expenditures deleted text beginof the councildeleted text end for the budget
year, based on a five-year capital program adopted by the council and transmitted to the
legislature. After adoption of the budget and no later than five working days after December
20, the council shall certify to the auditor of each metropolitan county the share of the tax
to be levied within that county, which must be an amount bearing the same proportion to
the total levy agreed on by the council as the net tax capacity of the county bears to the net
tax capacity of the metropolitan area. The maximum amount of any levy made for the
purpose of this chapter may not exceed the limits set by the statute authorizing the levy.

new text begin (b) For the transportation components of the council's budgeting, each fiscal year starts
July 1 and ends the following June 30. On or before June 15 of each year, the council must
adopt a final budget for the transportation components that identifies its anticipated receipts
and disbursements for the next fiscal year. The budget must state in detail the expenditures
to be undertaken for each program, including the expenses for salaries, consultant services,
overhead, travel, and other items. The budget must state in detail the council's transportation
capital expenditures for the budget year, based on a five-year capital program adopted by
the council and transmitted to the legislature.
new text end

deleted text begin (b)deleted text endnew text begin (c) As part of the budget under paragraph (b) innew text end each even-numbered yearnew text begin,new text end the council
deleted text begin shalldeleted text endnew text begin mustnew text end prepare for its transit programs a financial plan for the succeeding three deleted text begincalendardeleted text end
yearsdeleted text begin, in half-year segmentsdeleted text end. The financial plan must contain schedules of user charges and
any changes in user charges planned or anticipated by the council during the period of the
plan. The financial plan must contain a proposed request for state financial assistance for
the succeeding biennium.

deleted text begin (c)deleted text endnew text begin (d)new text end In addition, deleted text beginthedeleted text endnew text begin eachnew text end budgetnew text begin under paragraphs (a) and (b)new text end must show for each
year:

(1) the estimated operating revenues from all sources including funds on hand at the
beginning of the year, and estimated expenditures for costs of operation, administration,
maintenance, and debt service;

(2) capital improvement funds estimated to be on hand at the beginning of the year and
estimated to be received during the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year, all in such detail and form as the
council may prescribe; and

(3) the estimated source and use of pass-through funds.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective beginning with the
transportation budget period under paragraph (b) that starts July 1, 2019, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 36.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin Budget amendments. new text end

new text begin In conjunction with the adoption of any amendment
to a budget under subdivision 1, the council must submit a summary of the budget changes
and a copy of the amended budget to the members and staff of the legislative committees
with jurisdiction over transportation policy and finance and to the Legislative Commission
on Metropolitan Government.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 37.

Minnesota Statutes 2016, section 473.13, subdivision 4, is amended to read:


Subd. 4.

Accounts;new text begin accounting system; controls;new text end audits.

new text begin(a) new text endThe council shall keep
an accurate account of its receipts and disbursements.new text begin For the transportation components
of the council's financial activity, the council must use the state accounting system maintained
by the commissioner of management and budget under sections 16A.14 and 16A.15.
new text end

new text begin (b)new text end Disbursements of council money must be made by check or by electronic funds
transfer, signed or authorized by the chair or vice-chair of the council, and countersigned
or authorized by its regional administrator or designee after whatever auditing and approval
of the expenditure may be required by the council.

new text begin (c)new text end The state auditor shall audit the books and accounts of the council once each year,
or as often as funds and personnel of the state auditor permit. The council shall pay to the
state the total cost and expenses of the examination, including the salaries paid to the auditors
while actually engaged in making the examination. The general fund must be credited with
all collections made for any examination.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective July 1, 2019, for the
transportation budget period that starts on that date and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 38.

Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Overview of revenues and expenditures; forecast. new text end

new text begin (a) In cooperation with
the Department of Management and Budget and as required by section 16A.103, the council
must prepare in February and November of each year a financial overview and forecast of
revenues and expenditures for the transportation components of the council's budget.
new text end

new text begin (b) At a minimum, the financial overview and forecast must identify:
new text end

new text begin (1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous
four budget years;
new text end

new text begin (2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances
for each year within the state forecast period; and
new text end

new text begin (3) a comparison of the information under clause (2) to the prior forecast, including any
changes made.
new text end

new text begin (c) The information under paragraph (b), clauses (1) and (2), must include:
new text end

new text begin (1) a breakdown for each transportation operating budget category established by the
council, including but not limited to bus, light rail transit, commuter rail, planning, special
transportation service under section 473.386, and assistance to replacement service providers
under section 473.388;
new text end

new text begin (2) data for both transportation operating and capital expenditures; and
new text end

new text begin (3) fund balances for each replacement service provider under section 473.388.
new text end

new text begin (d) The financial overview and forecast must summarize reserve policies, identify the
methodology for cost allocation, and review revenue assumptions and variables affecting
the assumptions.
new text end

new text begin (e) The council must review the financial overview and forecast information with the
chairs, ranking minority members, and staff of the legislative committees with jurisdiction
over finance, ways and means, and transportation finance no later than two weeks following
the release of the forecast.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 39.

Minnesota Statutes 2016, section 473.146, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

The council deleted text beginshalldeleted text endnew text begin mustnew text end adopt deleted text beginadeleted text end long-range comprehensive
policy deleted text beginplandeleted text endnew text begin plansnew text end for transportation and wastewater treatment. deleted text beginThe plansdeleted text endnew text begin Each policy plannew text end
must substantially conform to all policy statements, purposes, goals, standards, and maps
in the development guide developed and adopted by the council undernew text begin section 473.145 andnew text end
this chapter. Each policy plan must include, to the extent appropriate to the functions,
services, and systems covered, the following:

(1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters, for the metropolitan area and appropriate
subareas;

(2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;

(3) a statement of the council's goals, objectives, and priorities with respect to the
functions, services, and systems covered, addressing areas and populations to be served,
the levels, distribution, and staging of services; a general description of the facility systems
required to support the services; the estimated cost of improvements required to achieve
the council's goals for the regional systems, including an analysis of what portion of the
funding for each improvement is proposed to come from the state, Metropolitan Council
levies, and cities, counties, and towns in the metropolitan area, respectively, and other
similar matters;

(4) a statement of policies to effectuate the council's goals, objectives, and priorities;

(5) a statement of the fiscal implications of the council's plan, including a statement of:
(i) the resources available under existing fiscal policy; (ii) the adequacy of resources under
existing fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if
any, that are or may be required to effectuate the council's goals, objectives, and priorities;
and (iv) any changes in existing fiscal policy, on regional revenues and intergovernmental
aids respectively, that are expected or that the council has recommended or may recommend;

(6) a statement of the relationship of the policy plan to other policy plans and deleted text beginchaptersdeleted text endnew text begin
relevant portions
new text end of the deleted text beginMetropolitandeleted text end development guide;

(7) a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; and

(8) additional general information as may be necessary to develop the policy plan or as
may be required by the laws relating to the metropolitan agency and function covered by
the policy plan.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 40.

Minnesota Statutes 2016, section 473.146, subdivision 3, is amended to read:


Subd. 3.

deleted text beginDevelopment guide:deleted text end Transportationnew text begin policy plannew text end.

new text begin(a) new text endThe transportation
deleted text begin chapterdeleted text endnew text begin policy plannew text end must include policies relating to all transportation forms and be designed
to promote the legislative determinations, policies, and goals set forth in section 473.371.

new text begin (b) In addition to the requirements regarding the contents of the policy plan under
subdivision 1, the plan must include:
new text end

new text begin (1) a fully constrained scenario that assumes no revenue increase from current law and
no inflationary increases;
new text end

new text begin (2) a partially constrained scenario that assumes no revenue increase from current law
but includes reasonable inflationary increases; and
new text end

new text begin (3) an envisioned revenue scenario that identifies a revenue increase in an amount that
accommodates transportation system maintenance, improvements, and expansion, including
for state and local roads, regular route bus service, busways, and guideways.
new text end

new text begin (c) The estimates under each scenario in paragraph (b) must identify anticipated long-term
transit system impacts, including unfunded costs for each transit mode and any reductions
in regular route bus service hours.
new text end

new text begin (d)new text end In addition to the requirements of subdivision 1 regarding the contents of the policy
plan, the nontransit deleted text beginelementdeleted text endnew text begin portionnew text end of the deleted text begintransportation chapterdeleted text endnew text begin plannew text end must include the
following:

(1) a statement of the needs and problems of the metropolitan area with respect to the
functions covered, including the present and prospective demand for and constraints on
access to regional business concentrations and other major activity centers and the constraints
on and acceptable levels of development and vehicular trip generation at such centers;

(2) the objectives of and the policies to be forwarded by the policy plan;

(3) a general description of the physical facilities and services to be developed;

(4) a statement as to the general location of physical facilities and service areas;

(5) a general statement of timing and priorities in the development of those physical
facilities and service areas;

(6) a detailed statement, updated every two years, of timing and priorities for
improvements and expenditures needed on the metropolitan highway system;

(7) a general statement on the level of public expenditure appropriate to the facilities;
and

(8) a long-range assessment of air transportation trends and factors that may affect airport
development in the metropolitan area and policies and strategies that will ensure a
comprehensive, coordinated, and timely investigation and evaluation of alternatives for
airport development.

new text begin (e) new text endThe council shall develop the nontransit deleted text beginelementdeleted text endnew text begin portionnew text end in consultation with the
transportation advisory board and the Metropolitan Airports Commission and cities having
an airport located within or adjacent to its corporate boundaries. The council shall also take
into consideration the airport development and operations plans and activities of the
commission. The council shall transmit the results to the state Department of Transportation.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment, applies for the next regular update to the transportation policy plan, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 41.

Minnesota Statutes 2016, section 473.375, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Expenditure of funds for capital costs. new text end

new text begin (a) The council is prohibited from
expending funds for transit capital costs, including capital maintenance, from the following
sources:
new text end

new text begin (1) state appropriations from the general fund; and
new text end

new text begin (2) operating budget reserves.
new text end

new text begin (b) The expenditure prohibition under this subdivision does not apply to federal funds.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment for appropriations and reserves encumbered on or after that date and applies
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 42.

Minnesota Statutes 2016, section 473.3994, subdivision 9, is amended to read:


Subd. 9.

Light rail transit operating costs.

(a) Before submitting an application for
federal assistance for light rail transit facilities in the metropolitan area, the Metropolitan
Council must prepare an estimate of the amount of operating subsidy which will be required
to operate light rail transit in the corridor to which the federal assistance would be applied.
The estimate must indicate the amount of operating subsidy estimated to be required in each
of the first ten years of operation of the light rail transit facility. If the commissioner of
transportation is the responsible authority, the commissioner must provide information
requested by the council that is necessary to make the estimate.

(b) The council must review and evaluate the estimate developed under paragraph (a)
with regard to the effect of operating the light rail transit facility on the currently available
mechanisms for financing transit in the metropolitan area.

new text begin (c) For purposes of this subdivision, operating costs consist of the costs associated with
light rail system daily operations and the maintenance costs associated with keeping light
rail services and facilities operating. Operating costs do not include costs incurred to construct
new buildings or facilities, purchase new vehicles, or make technology improvements.
new text end

Sec. 43.

Minnesota Statutes 2016, section 473.3994, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Rail colocation prohibition. new text end

new text begin The responsible authority is prohibited from
constructing a light rail transit line or extension in a shared use rail corridor for freight rail
and light rail transit.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment. The portion of this section applicable to the Metropolitan Council applies
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 44.

Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:


Subd. 3.

Capital costs.

State money deleted text beginmaydeleted text endnew text begin mustnew text end not be used deleted text beginto pay more than ten percent
of
deleted text endnew text begin fornew text end the deleted text begintotaldeleted text end capital cost of a light rail transit project.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment for appropriations encumbered on or after that date and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 45. new text beginTEMPORARY MOTOR VEHICLE PERMITS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 168.09, subdivision 7; 168.091,
subdivision 1; and 168.092, subdivision 1, a temporary permit under any of those sections
may be issued for a period of up to 180 days, in consultation with the commissioner of
public safety.
new text end

new text begin (b) A temporary permit may only be issued under this section due to inability of the
driver and vehicle information system to complete a motor vehicle transaction in a timely
manner.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 46. new text beginRETROACTIVE LICENSE REINSTATEMENT.
new text end

new text begin (a) The commissioner of public safety must make an individual's driver's license eligible
for reinstatement if the license is solely suspended pursuant to:
new text end

new text begin (1) Minnesota Statutes 2016, section 171.16, subdivision 2, if the person was convicted
only under Minnesota Statutes, section 171.24, subdivision 1 or 2;
new text end

new text begin (2) Minnesota Statutes 2016, section 171.16, subdivision 3; or
new text end

new text begin (3) both clauses (1) and (2).
new text end

new text begin (b) By December 1, 2018, the commissioner must provide written notice to individuals
whose license has been made eligible for reinstatement under paragraph (a), addressed to
the licensee at the licensee's last known address.
new text end

new text begin (c) Before the license is reinstated, an individual whose driver's license is eligible for
reinstatement under paragraph (a) must pay the reinstatement fee under Minnesota Statutes,
section 171.20, subdivision 4.
new text end

new text begin (d) The following applies to an individual who is eligible for reinstatement under
paragraph (a), clause (1), (2), or (3), and whose license was suspended, revoked, or canceled
under any other provision in Minnesota Statutes:
new text end

new text begin (1) the suspension, revocation, or cancellation under any other provision in Minnesota
Statutes remains in effect;
new text end

new text begin (2) subject to clause (1), the individual may become eligible for reinstatement under
paragraph (a), clause (1), (2), or (3); and
new text end

new text begin (3) the commissioner is not required to send the notice described in paragraph (b).
new text end

new text begin (e) Paragraph (a) applies notwithstanding Minnesota Statutes 2016, sections 169.92,
subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.
new text end

Sec. 47. new text beginCONGESTION REDUCTION PRIORITIZATION.
new text end

new text begin (a) By September 30, 2019, the commissioner of transportation must adopt a revised
20-year statewide highway investment plan under Minnesota Statutes, section 174.03,
subdivision 1c, that:
new text end

new text begin (1) establishes mobility in the Department of Transportation's metropolitan district as a
high-priority investment category;
new text end

new text begin (2) allocates sufficient funds to achieve an appreciable reduction in congestion compared
to anticipated congestion levels under the most recent statewide highway investment plan;
and
new text end

new text begin (3) prioritizes general purpose lanes or dynamic shoulder lanes over lanes for which a
user fee is imposed.
new text end

new text begin (b) The commissioner must revise the statewide multimodal transportation plan under
Minnesota Statutes, section 174.03, subdivision 1a, or other plans as necessary to conform
with the requirements under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 48. new text beginNORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.
new text end

new text begin Minnesota Statutes, section 398A.10, subdivision 2, does not apply to the Anoka County
Regional Railroad Authority with respect to the use of funds to pay operating and
maintenance costs of Northstar Commuter Rail.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 49. new text beginNONFIXED GUIDEWAY TRANSIT SYSTEM DEVELOPMENT
IMPLEMENTATION PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation plan required. new text end

new text begin (a) By August 1, 2020, the Metropolitan
Council must adopt an implementation plan for nonfixed guideway transit system
development in the metropolitan area that meets the requirements of this section.
new text end

new text begin (b) In developing the implementation plan, the Metropolitan Council must review and
evaluate peer transit systems in other states.
new text end

new text begin (c) Upon adoption, the council must submit a copy of the implementation plan to the
members and staff of the legislative committees with jurisdiction over transportation policy
and finance.
new text end

new text begin Subd. 2. new text end

new text begin Implementation plan contents. new text end

new text begin At a minimum, the implementation plan must:
new text end

new text begin (1) establish a comprehensive system design for transit enhancement, expansion,
cost-effectiveness, and performance;
new text end

new text begin (2) propose an implementation schedule or timeline;
new text end

new text begin (3) incorporate goals and objectives from the transportation policy plan under Minnesota
Statutes, section 473.146, with priority given to:
new text end

new text begin (i) increasing transit ridership at a rate or to a level specified in the plan;
new text end

new text begin (ii) improving accessibility and mobility for transit-dependent and historically underserved
or under-represented populations;
new text end

new text begin (iii) improving customer experience through improvements in transit service, travel time,
facilities, services, and amenities;
new text end

new text begin (iv) congestion relief; and
new text end

new text begin (v) safety;
new text end

new text begin (4) identify corridors and preliminary routing for expansion of:
new text end

new text begin (i) arterial bus rapid transit;
new text end

new text begin (ii) highway bus rapid transit; and
new text end

new text begin (iii) express bus service;
new text end

new text begin (5) address transit facility modernization, capital expansion, and ongoing system
operations and maintenance;
new text end

new text begin (6) identify technology solutions that improve transit passenger services and reduce
operating costs, including but not limited to real-time schedule information, increased and
improved bus shelters and stations, low-floor buses, fare payment system improvements,
traffic management techniques to reduce travel time, and fleet management system
improvements;
new text end

new text begin (7) contain no light rail transit, commuter rail, or streetcar project development or
construction, except as provided in clause (9);
new text end

new text begin (8) provide financial information, which must:
new text end

new text begin (i) identify estimated revenue, estimated expenditures, the amount of any additional
revenue necessary to implement the plan, and a funding strategy or proposal for any identified
revenue gap;
new text end

new text begin (ii) detail revenue sources;
new text end

new text begin (iii) detail operating and capital expenditures; and
new text end

new text begin (iv) summarize financial data for each corridor identified under clause (4), including
estimated capital costs and annual operations and maintenance costs based on the available
level of detail; and
new text end

new text begin (9) compare for each existing light rail transit line and all light rail transit lines in project
development prior to the effective date of this section the annual and total revenue and
expenditures, including operating, capital, and capital maintenance, in (i) the implementation
plan, with (ii) the current transportation policy plan.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 50. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 160.02, subdivision
27a, as Minnesota Statutes, section 169.011, subdivision 73a. The revisor shall correct any
cross-references made necessary by this renumbering.
new text end

Sec. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4, new text end new text begin are repealed.
new text end

ARTICLE 2

METROPOLITAN COUNCIL GOVERNANCE

Section 1.

Minnesota Statutes 2016, section 3.8841, subdivision 9, is amended to read:


Subd. 9.

Powers; duties; Metropolitan Council appointments oversight.

The
commission must monitor appointments to the Metropolitan Council and may make
recommendations on appointments deleted text beginto the nominating committee under section 473.123,
subdivision 3
, or
deleted text end to the governor before the governor makes the appointments. The
commission may also make recommendations to the senate before appointments are presented
to the senate for its advice and consent.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 15A.0815, subdivision 3, is amended
to read:


Subd. 3.

Group II salary limits.

The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's Web site. This subdivision applies
to the following positions:

Executive director of Gambling Control Board;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for Mental Health and Developmental Disabilities;

deleted text begin Chair, Metropolitan Council;
deleted text end

School trust lands director;

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

Sec. 3.

Minnesota Statutes 2016, section 473.123, is amended to read:


473.123 METROPOLITAN COUNCIL.

Subdivision 1.

Creationnew text begin; membershipnew text end.

new text begin(a) new text endA Metropolitan Council with jurisdiction
in the metropolitan area is established as a public corporation and political subdivision of
the state. It shall be under the supervision and control of deleted text begin17deleted text endnew text begin 29new text end members, all of whom shall
be residents of the metropolitan areadeleted text begin.deleted text endnew text begin and who shall be appointed as follows:
new text end

new text begin (1) a county commissioner from each metropolitan county, appointed by the respective
county boards;
new text end

new text begin (2) a local elected official appointed from each Metropolitan Council district by the
municipal committee for the council district established in subdivision 2b;
new text end

new text begin (3) a local elected official that resides in Minneapolis, appointed by the mayor of
Minneapolis;
new text end

new text begin (4) a local elected official that resides in St. Paul, appointed by the mayor of St. Paul;
new text end

new text begin (5) the commissioner of transportation or the commissioner's designee;
new text end

new text begin (6) one person to represent nonmotorized transportation, appointed by the commissioner
of transportation;
new text end

new text begin (7) one person to represent freight transportation, appointed by the commissioner of
transportation; and
new text end

new text begin (8) one person to represent public transit, appointed by the commissioner of
transportation.
new text end

new text begin (b) The local elected offices identified in paragraph (a) are compatible with the office
of a Metropolitan Council member.
new text end

new text begin (c) Notwithstanding any change to the definition of metropolitan area in section 473.121,
subdivision 2, the jurisdiction of the Metropolitan Council is limited to the seven-county
metropolitan area.
new text end

Subd. 2a.

Terms.

new text begin(a) new text endFollowing each apportionment of council districts, as provided
under subdivision 3a, deleted text begincouncil members must be appointed from newly drawn districts as
provided in subdivision 3a. Each council member, other than the chair, must reside in the
council district represented. Each council district must be represented by one member of
the council. The terms of members end with the term of the governor, except that all terms
expire on the effective date of the next apportionment. A member serves at the pleasure of
the governor.
deleted text end new text begin the municipal committee for each council district shall appoint a local elected
official who resides in the district to serve on the Metropolitan Council for a four-year term.
The terms of members appointed by municipal committees are staggered as follows: members
representing an odd-numbered district have terms ending the first Monday in January of
the year ending in the numeral "1" and members representing an even-numbered district
have terms ending the first Monday in January in the year ending in the numeral "3."
Thereafter, the term of each member is four years, with terms ending the first Monday in
January, except that all terms expire on the effective date of the next apportionment. A
member's position on the Metropolitan Council becomes vacant if the member ceases to be
a local elected official or as provided in chapter 351, and any vacancy must be filled as soon
as practicable for the unexpired term in the same manner as the initial appointment.
new text endA
member shall continue to serve the member's district until a successor is appointed and
qualified; except that, following each apportionment, the member shall continue to serve
at large until the deleted text begingovernor appoints 16 council members, onedeleted text endnew text begin municipal committee for the
council district appoints a member
new text end from deleted text begineach ofdeleted text end the newly drawn council deleted text begindistrictsdeleted text endnew text begin districtnew text end
as provided under subdivision 3a, to serve terms as provided under this section. The
appointment to the council must be made by the first Monday in March of the year in which
the term ends.

new text begin (b) The terms of members appointed by the mayors of Minneapolis and St. Paul are
staggered as follows: the member representing Minneapolis shall have a term ending the
first Monday in January of the year ending in the numeral "1," and the member representing
St. Paul shall have a term ending the first Monday in January of the year ending in the
numeral "3." Thereafter, the term of each member is four years, with terms ending the first
Monday in January. A member's position on the Metropolitan Council becomes vacant if
the member ceases to be a local elected official or as provided in chapter 351, and any
vacancy must be filled as soon as practicable for the unexpired term in the same manner as
the initial appointment.
new text end

new text begin (c) The terms of members appointed by county boards are staggered as follows: members
representing the counties of Dakota, Ramsey, and Scott have terms ending the first Monday
in January of the year ending in the numeral "1," and members representing the counties of
Anoka, Carver, Hennepin, and Washington have terms ending the first Monday in January
of the year ending in the numeral "3." Thereafter, the term for each member is four years.
A member's position on the Metropolitan Council becomes vacant if the member ceases to
be a local elected official or as provided in chapter 351, and any vacancy must be filled as
soon as practicable for the unexpired term in the same manner as the initial appointment.
new text end

new text begin (d) An individual appointed by the commissioner of transportation under subdivision 1
serves at the pleasure of the appointing authority.
new text end

new text begin Subd. 2b. new text end

new text begin Municipal committee in each council district. new text end

new text begin The governing body of each
home rule charter or statutory city and town in each Metropolitan Council district shall
appoint a member to serve on a municipal committee for the council district. If a city or
town is in more than one council district, the governing body must appoint a member to
serve on each council district's municipal committee. A member appointed to a council
district's municipal committee must reside in the council district. The municipal committee
must meet at least quarterly to discuss issues relating to the Metropolitan Council. Municipal
committee meetings are subject to the Minnesota Open Meeting Law, chapter 13D.
new text end

Subd. 3.

deleted text beginMembership; appointment; qualificationsdeleted text endnew text begin Compensationnew text end.

(a) deleted text beginSixteen
members must be appointed by the governor from districts defined by this section. Each
council member must reside in the council district represented. Each council district must
be represented by one member of the council.
deleted text endnew text begin In addition to any compensation as a local
elected official, the council shall pay each member of the council other than the chair or the
commissioner of transportation, or the commissioner's designee, $20,000 per year plus
reimbursement of actual and necessary expenses as approved by the council. The
commissioner of transportation or the commissioner's designee is not eligible for
compensation under this subdivision but may be reimbursed for actual and necessary
expenses.
new text end

(b) deleted text beginIn addition to the notice required by section 15.0597, subdivision 4, notice of
vacancies and expiration of terms must be published in newspapers of general circulation
in the metropolitan area and the appropriate districts. The governing bodies of the statutory
and home rule charter cities, counties, and towns having territory in the district for which
a member is to be appointed must be notified in writing. The notices must describe the
appointments process and invite participation and recommendations on the appointment.
deleted text endnew text begin
In addition to any compensation as a local elected official, the council shall pay the chair
$40,000 per year plus reimbursement of actual and necessary expenses as approved by the
council.
new text end

deleted text begin (c) The governor shall create a nominating committee, composed of seven metropolitan
citizens appointed by the governor, to nominate persons for appointment to the council from
districts. Three of the committee members must be local elected officials. Following the
submission of applications as provided under section 15.0597, subdivision 5, the nominating
committee shall conduct public meetings, after appropriate notice, to accept statements from
or on behalf of persons who have applied or been nominated for appointment and to allow
consultation with and secure the advice of the public and local elected officials. The
committee shall hold the meeting on each appointment in the district or in a reasonably
convenient and accessible location in the part of the metropolitan area in which the district
is located. The committee may consolidate meetings. Following the meetings, the committee
shall submit to the governor a list of nominees for each appointment. The governor is not
required to appoint from the list.
deleted text end

deleted text begin (d) Before making an appointment, the governor shall consult with all members of the
legislature from the council district for which the member is to be appointed.
deleted text end

deleted text begin (e) Appointments to the council are subject to the advice and consent of the senate as
provided in section 15.066.
deleted text end

deleted text begin (f) Members of the council must be appointed to reflect fairly the various demographic,
political, and other interests in the metropolitan area and the districts.
deleted text end

deleted text begin (g) Members of the council must be persons knowledgeable about urban and metropolitan
affairs.
deleted text end

deleted text begin (h) Any vacancy in the office of a council member shall immediately be filled for the
unexpired term. In filling a vacancy, the governor may forgo the requirements of paragraph
(c) if the governor has made appointments in full compliance with the requirements of this
subdivision within the preceding 12 months.
deleted text end

Subd. 3a.

Redistricting.

The legislature shall redraw the boundaries of the council
districts after each decennial federal census so that each district has substantially equal
population. Redistricting is effective in the year ending in the numeral "3." Within 60 days
after a redistricting plan takes effect, the deleted text begingovernordeleted text endnew text begin municipal committeesnew text end shall appoint
members from the newly drawn districts to serve terms as provided under subdivision 2a.

Subd. 3e.

District boundaries.

Metropolitan Council plan MC2013-1A, on file with
the Geographical Information Systems Office of the Legislative Coordinating Commission
and published on its Web site on April 9, 2013, is adopted and constitutes the redistricting
plan required by subdivision 3a. The boundaries of each Metropolitan Council district are
as described in that plan.

Subd. 4.

Chair; appointment, officers, selection; duties and compensation.

(a) The
chair of the Metropolitan Council shall be deleted text beginappointeddeleted text endnew text begin selectednew text end by deleted text beginthe governor as the 17th
voting member thereof by and with the advice and consent of the senate to serve at the
pleasure of the governor to represent the metropolitan area at large. Senate confirmation
shall be as provided by section 15.066
deleted text endnew text begin and from among the members of the Metropolitan
Council. The chair shall serve at the pleasure of the council
new text end.

The chair of the Metropolitan Council shall, if present, preside at meetings of the council,
have the primary responsibility for meeting with local elected officials, serve as the principal
legislative liaison, present to the governor and the legislature, after council approval, the
council's plans for regional governance and operations, serve as the principal spokesperson
of the council, and perform other duties assigned by the council or by law.

(b) The Metropolitan Council shall elect other officers as it deems necessary for the
conduct of its affairs for a one-year term. A secretary and treasurer need not be members
of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan
Council and special meetings may be called by a majority of the members of the Metropolitan
Council or by the chair. The chair and each Metropolitan Council member shall be reimbursed
for actual and necessary expenses.

(c) Each member of the council shall attend and participate in council meetings and meet
regularly with local elected officials and legislative members from the council member's
district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.

(d) In the performance of its duties the Metropolitan Council may adopt policies and
procedures governing its operation, establish committees, and, when specifically authorized
by law, make appointments to other governmental agencies and districts.

Subd. 8.

General counsel.

The council may appoint a general counsel to serve at the
pleasure of the council.

new text begin Subd. 9. new text end

new text begin Authority to vote; quorum; votes required for action. new text end

new text begin (a) The members
appointed by the mayors, counties, and municipal committees may vote on all matters before
the council. The commissioner of transportation or the commissioner's designee and the
three members appointed by the commissioner may vote only on matters in which the council
is acting as the metropolitan planning organization for the region as provided in section
473.146.
new text end

new text begin (b) A quorum is a majority of the members permitted to vote on a matter. If a quorum
is present, the council may act on a majority vote of the members present, except:
new text end

new text begin (1) if a quorum is present, the council may adopt its levy only if at least 60 percent of
the members present vote in favor of the levy; and
new text end

new text begin (2) if a quorum is present, the council may adopt a metropolitan system plan or plan
amendment only if at least 60 percent of the members present vote in favor of its adoption.
new text end

new text begin EFFECTIVE DATE; TRANSITION; APPLICATION. new text end

new text begin (a) Except as provided in
paragraph (b), this section is effective January 1, 2019, and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Metropolitan Council members
serving on the effective date of this section shall continue to serve until members are
appointed from districts by the municipal committees as provided in this section.
new text end

new text begin (b) Subdivisions 1, paragraph (c), and 2b are effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 473.146, subdivision 3, is amended to read:


Subd. 3.

Development guide: transportation.

The transportation chapter must include
policies relating to all transportation forms and be designed to promote the legislative
determinations, policies, and goals set forth in section 473.371. In addition to the
requirements of subdivision 1 regarding the contents of the policy plan, the nontransit
element of the transportation chapter must include the following:

(1) a statement of the needs and problems of the metropolitan area with respect to the
functions covered, including the present and prospective demand for and constraints on
access to regional business concentrations and other major activity centers and the constraints
on and acceptable levels of development and vehicular trip generation at such centers;

(2) the objectives of and the policies to be forwarded by the policy plan;

(3) a general description of the physical facilities and services to be developed;

(4) a statement as to the general location of physical facilities and service areas;

(5) a general statement of timing and priorities in the development of those physical
facilities and service areas;

(6) a detailed statement, updated every two years, of timing and priorities for
improvements and expenditures needed on the metropolitan highway system;

(7) a general statement on the level of public expenditure appropriate to the facilities;
and

(8) a long-range assessment of air transportation trends and factors that may affect airport
development in the metropolitan area and policies and strategies that will ensure a
comprehensive, coordinated, and timely investigation and evaluation of alternatives for
airport development.

The council shall develop the nontransit element in consultation with deleted text beginthe transportation
advisory board and
deleted text end the Metropolitan Airports Commission and cities having an airport
located within or adjacent to its corporate boundaries. The council shall also take into
consideration the airport development and operations plans and activities of the commission.
The council shall transmit the results to the state Department of Transportation.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective January 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 5.

Minnesota Statutes 2016, section 473.146, subdivision 4, is amended to read:


Subd. 4.

Transportation planning.

deleted text begin(a)deleted text end The Metropolitan Council is the designated
planning agency for any long-range comprehensive transportation planning required by
section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
transportation laws. The council shall assure administration and coordination of transportation
planning with appropriate state, regional and other agencies, counties, and municipalities.

deleted text begin (b) The council shall establish an advisory body consisting of citizens and representatives
of municipalities, counties, and state agencies in fulfillment of the planning responsibilities
of the council. The membership of the advisory body must consist of:
deleted text end

deleted text begin (1) the commissioner of transportation or the commissioner's designee;
deleted text end

deleted text begin (2) the commissioner of the Pollution Control Agency or the commissioner's designee;
deleted text end

deleted text begin (3) one member of the Metropolitan Airports Commission appointed by the commission;
deleted text end

deleted text begin (4) one person appointed by the council to represent nonmotorized transportation;
deleted text end

deleted text begin (5) one person appointed by the commissioner of transportation to represent the freight
transportation industry;
deleted text end

deleted text begin (6) two persons appointed by the council to represent public transit;
deleted text end

deleted text begin (7) ten elected officials of cities within the metropolitan area, including one representative
from each first-class city, appointed by the Association of Metropolitan Municipalities;
deleted text end

deleted text begin (8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;
deleted text end

deleted text begin (9) eight citizens appointed by the council, one from each council precinct;
deleted text end

deleted text begin (10) one elected official from a city participating in the replacement service program
under section 473.388, appointed by the Suburban Transit Association; and
deleted text end

deleted text begin (11) one member of the council, appointed by the council.
deleted text end

deleted text begin (c) The council shall appoint a chair from among the members of the advisory body.
deleted text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective January 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 6. new text beginREPEALER.
new text end

new text begin Laws 1994, chapter 628, article 1, section 8, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2019.
new text end

APPENDIX

Repealed Minnesota Statutes: H3369-1

221.161 SCHEDULE OF RATES AND CHARGES.

Subd. 2.

Hearing upon complaint.

Tariffs, supplements, and reissues must be prepared and filed in accordance with rules of the commissioner. Rates or charges, including pickup charges named therein, are subject to complaint to the commissioner by an interested party. The commissioner, after investigation by the department, by order on not less than ten days' notice, may assign the complaint for hearing, and if at the hearing, the complainant submits facts and evidence sufficient to establish proof that the rates or charges complained of are excessive or noncompensatory, the commissioner may order the rates or charges canceled, and require the filing of alternative and reasonable rates and charges, the reasonable level of which at that time must be indicated by the commissioner in the order.

Subd. 3.

Hearing upon petition by another carrier.

Upon the filing of a tariff or subsequent supplement or reissue, any other carrier has the right to petition the commissioner to suspend it from taking effect until opportunity is had for a hearing on the reasonableness of the rates or charges, and the commissioner may suspend the rates or charges if in its judgment the rates or charges complained of are so unreasonably low as to create destructive competitive practices among or jeopardize the economic position of competing carriers. In determining whether the rates or charges are excessive or noncompensatory, the commissioner shall include in consideration, among other things, the reasonable cost of the services rendered for the transportation, including a reasonable return on the money invested in the business and an adequate sum for maintenance and depreciation of the property used.

Subd. 4.

Hearing on merits of rates and charges.

The commissioner, (1) after a suspension and hearing upon a schedule of rates and charges, or upon complaint, or upon the commissioner's own initiative, either in extension of an existing complaint or without a complaint whatever, (2) after department investigation and petition, (3) upon notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule of rates and charges on a single group of related commodities, and (4) upon notice to the users of the service and competitive carriers by motor vehicle and rail, may assign for hearing the schedule of rates and charges proposed, maintained, or charged by any or all permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or otherwise in violation of this section, the commissioner may prescribe minimum rates and charges and the rates, rules, and practices thereafter to be maintained and applied by the permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier or tariff agent whose schedules of rates and charges are under investigation to show that the schedules are not below a minimum reasonable level or are not noncompensatory.

Repealed Minnesota Session Laws: H3369-1

Laws 1994, chapter 628, article 1, section 8

Sec. 8. new text beginSALARIES OF MEMBERS.new text end

new text begin Until changed in law after recommendation by the compensation council as provided in Minnesota Statutes, section 15A.082, the chair of the metropolitan council shall receive a salary of $52,500 per year, and the other members shall receive a salary of $20,000 per year. new text end