1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/23/2018 01:24pm
A bill for an act
relating to transportation; establishing a supplemental budget for transportation
activities; modifying various provisions governing transportation policy and finance;
appropriating money; requiring reports; authorizing the sale and issuance of state
bonds; amending Minnesota Statutes 2016, sections 13.461, by adding a
subdivision; 13.6905, subdivision 3; 13.72, subdivision 10; 160.295, subdivision
5; 161.115, subdivision 111; 161.14, by adding subdivisions; 161.32, subdivision
2; 168.10, subdivision 1h; 168.101, subdivision 2a; 168.127, subdivision 6; 168.326;
168.33, by adding a subdivision; 168.345, subdivision 2; 168A.02, subdivision 1;
168A.151, subdivision 1; 168A.29, 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; 169.4503, subdivision 5; 169.81, by adding a
subdivision; 169.8261, subdivision 2; 169.829, by adding a subdivision; 169.87,
subdivision 6; 169.974, subdivision 2; 174.66; 221.031, subdivision 2d, by adding
a subdivision; 221.0314, subdivision 9; 221.036, subdivisions 1, 3; 221.122,
subdivision 1; 221.161, subdivision 1, by adding a subdivision; 221.171, subdivision
1; 222.46; 222.50, subdivisions 3, 4; 222.52; 222.57; 222.63, subdivision 8;
297A.993, by adding a subdivision; 299A.705; 360.013, by adding a subdivision;
360.017, subdivision 1; 360.021, subdivision 1; 360.062; 360.063, subdivisions
1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066, subdivision 1;
360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision
6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3;
462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision
9, by adding a subdivision; 473.13, by adding subdivisions; 473.386, subdivision
3, by adding a subdivision; 473.4051, subdivision 3; 574.26, subdivision 1a;
Minnesota Statutes 2017 Supplement, sections 3.972, subdivision 4; 160.02,
subdivision 1a; 169.829, subdivision 4; 171.06, subdivision 2; 473.4051,
subdivision 2; Laws 2014, chapter 312, article 11, section 38, subdivisions 5, 6;
Laws 2017, First Special Session chapter 3, article 1, sections 2, subdivision 2; 4,
subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters
161; 168; 174; 222; 299A; 360; repealing Minnesota Statutes 2016, sections
168.013, subdivision 21; 221.161, subdivisions 2, 3, 4; 222.47; 222.50, subdivisions
1, 7; 222.51; 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions
1a, 1b; Minnesota Statutes 2017 Supplement, sections 222.49; 222.50, subdivision
6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2017, First Special Session chapter 3, article 1, to the agencies and for the purposes
specified in this article. The appropriations are from the general fund, or another named
fund, and are available for the fiscal years indicated for each purpose. Amounts for "Total
Appropriation" and sums shown in the corresponding columns marked "Appropriations by
Fund" are summary only and do not have legal effect. The figures "2018" and "2019" used
in this article mean that the addition to the appropriation listed under them is available for
the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2018 new text end |
new text begin
2019 new text end |
Sec. 2. new text begin DEPARTMENT OF
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
135,539,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2018 new text end |
new text begin
2019 new text end |
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
22,230,000 new text end |
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
1,550,000 new text end |
new text begin
C.S.A.H. new text end |
new text begin
-0- new text end |
new text begin
24,945,000 new text end |
new text begin
M.S.A.S. new text end |
new text begin
-0- new text end |
new text begin
6,552,000 new text end |
new text begin
Trunk Highway new text end |
new text begin
-0- new text end |
new text begin
80,750,000 new text end |
new text begin
The appropriations in this section are to the
commissioner of transportation. The amounts
that may be spent for each purpose are
specified in the following subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Aeronautics
|
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
new text begin
This appropriation is for a grant to the city of
Rochester to acquire and install a CAT II
approach system at the Rochester International
Airport. This appropriation is available when
the commissioner of management and budget
determines that sufficient resources have been
committed to complete the project, as required
by Minnesota Statutes, section 16A.502, and
is available until the project is completed or
abandoned, subject to Minnesota Statutes,
section 16A.642. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Freight Rail
|
new text begin
(a) Freight Rail Economic Development (FRED) new text end |
new text begin
-0- new text end |
new text begin
5,000,000 new text end |
new text begin
This appropriation is for the freight rail
economic development program under
Minnesota Statutes, section 222.505.
new text end
new text begin
The base is $2,000,000 in each of fiscal years
2020 and 2021.
new text end
new text begin
(b) Rice Creek Railroad Bridge new text end |
new text begin
-0- new text end |
new text begin
1,550,000 new text end |
new text begin
This appropriation is from the freight rail
account in the special revenue fund under the
freight rail economic development program
in Minnesota Statutes, section 222.505, for
the grant under section 11. This appropriation
is available when the commissioner of
management and budget determines that
sufficient resources have been committed to
complete the project, as required by Minnesota
Statutes, section 16A.502, and is available
until the project is completed or abandoned
subject to Minnesota Statutes, section
16A.642. This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
State Roads
|
new text begin
Unless otherwise specified, the appropriations
in this subdivision are from the trunk highway
fund.
new text end
new text begin
(a) Operations and Maintenance new text end |
new text begin
-0- new text end |
new text begin
11,095,000 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin
(b) Program Planning and Delivery new text end |
new text begin
(1) Planning and Research new text end |
new text begin
-0- new text end |
new text begin
2,094,000 new text end |
new text begin
If a balance remains of this appropriation, the
commissioner may transfer up to that amount
for program delivery under clause (2).
new text end
new text begin
$500,000 in the second year is to conduct a
study on the feasibility of an interchange at
marked Interstate Highway 35 and County
Road 9 in Rice County. At a minimum, the
study must include estimated construction
costs, traffic modeling, an environmental
analysis, and a potential design layout for an
interchange.
new text end
new text begin
$500,000 in the second year is to conduct a
study on the feasibility of expanding or
reconstructing marked Interstate Highway 94
from the city of St. Michael to the city of St.
Cloud. At a minimum, the study must include
traffic modeling and an environmental
analysis.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin
(2) Program Delivery new text end |
new text begin
-0- new text end |
new text begin
13,317,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2018 new text end |
new text begin
2019 new text end |
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
6,230,000 new text end |
new text begin
Trunk Highway new text end |
new text begin
-0- new text end |
new text begin
7,087,000 new text end |
new text begin
This appropriation includes use of consultants
to support development and management of
projects. This is a onetime appropriation.
new text end
new text begin
$5,400,000 in the second year is from the
general fund for a grant to the city of Virginia
to repay loans incurred by the city for costs
related to utility relocation for the U.S.
Highway 53 project. This is a onetime
appropriation.
new text end
new text begin
$830,000 in the second year is from the
general fund for a grant to the city of Mankato
for a project to increase the height of a levee
and related construction on a segment of
marked Trunk Highway 169 north of the
Highway 14 interchange to accommodate the
raising of a levee. This appropriation is for the
local share the city of Mankato would be
responsible for under the state's Cost
Participation and Maintenance with Local
Units of Government Manual, or any contract
between the state and the city of Mankato.
This is a onetime appropriation and is
available when the commissioner of
management and budget determines that
sufficient resources have been committed to
complete the project, as required by Minnesota
Statutes, section 16A.502.
new text end
new text begin
(c) State Road Construction new text end |
new text begin
-0- new text end |
new text begin
48,155,000 new text end |
new text begin
This appropriation is for the actual
construction, reconstruction, and improvement
of trunk highways, including design-build
contracts, internal department costs associated
with delivering the construction program,
consultant use to support the activities, and
the cost of actual payments to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses. This is a onetime
appropriation.
new text end
new text begin
For any trunk highway reconstruction or
resurfacing project in 2020 or 2021 that
includes establishment of one or more
temporary lanes of travel, the commissioner
must establish additional permanent general
purpose lanes for that segment if (1) the
project is on an Interstate Highway; (2) the
total project cost estimate is at least
$30,000,000; and (3) the annual average daily
traffic is at least 40,000 at any point within
the project limits.
new text end
new text begin
(d) Corridors of Commerce new text end |
new text begin
-0- new text end |
new text begin
10,000,000 new text end |
new text begin
This appropriation is for the corridors of
commerce program under Minnesota Statutes,
section 161.088. This is a onetime
appropriation.
new text end
new text begin
(e) Highway Debt Service new text end |
new text begin
-0- new text end |
new text begin
2,319,000 new text end |
new text begin
$2,319,000 in fiscal year 2019 is for transfer
to the state bond fund. If this appropriation is
insufficient to make all transfers required in
the year for which it is made, the
commissioner of management and budget must
transfer the deficiency amount under the
statutory open appropriation and notify the
chairs, ranking minority members, and staff
of the legislative committees with jurisdiction
over transportation finance and the chairs of
the senate Finance Committee and the house
of representatives Ways and Means Committee
of the amount of the deficiency. Any excess
appropriation cancels to the trunk highway
fund.
new text end
new text begin Subd. 5. new text end
new text begin
Local Roads
|
new text begin
(a) County State-Aid Roads new text end |
new text begin
-0- new text end |
new text begin
24,945,000 new text end |
new text begin
This appropriation is from the county state-aid
highway fund under Minnesota Statutes,
sections 161.081 and 297A.815, subdivision
3, and Minnesota Statutes, chapter 162, and
is available until June 30, 2027. This is a
onetime appropriation.
new text end
new text begin
(b) Municipal State-Aid Roads new text end |
new text begin
-0- new text end |
new text begin
6,552,000 new text end |
new text begin
This appropriation is from the municipal
state-aid street fund under Minnesota Statutes,
chapter 162, and is available until June 30,
2027. This is a onetime appropriation.
new text end
new text begin
(c) Small Cities Assistance new text end |
new text begin
-0- new text end |
new text begin
7,000,000 new text end |
new text begin
This appropriation is for the small cities
assistance program under Minnesota Statutes,
section 162.145.
new text end
new text begin
The base is $8,081,000 in fiscal year 2020 and
$8,082,000 in fiscal year 2021.
new text end
new text begin
(d) Town Roads new text end |
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
new text begin
This appropriation is for town roads, to be
distributed in the manner provided under
Minnesota Statutes, section 162.081. This is
a onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
Tribal Training Program
|
new text begin
The commissioner must implement
interagency billing to state agencies for costs
related to that agency's participation in tribal
training activities provided by the Department
of Transportation.
new text end
Sec. 3. new text begin METROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,500,000 new text end |
new text begin
This appropriation is for financial assistance
to replacement service providers under
Minnesota Statutes, section 473.388, for the
purposes of the suburb-to-suburb transit
project authorized under Laws 2015, chapter
75, article 1, section 4. Of the amount in the
second year, $2,500,000 is for capital
improvements, including bus replacement,
associated with the project. The replacement
service providers must collectively identify
and notify the Metropolitan Council of the
capital expenditures under this rider, and the
Metropolitan Council must allocate funds as
directed by the replacement service providers.
The council is prohibited from retaining any
portion of the funds under this appropriation.
This is a onetime appropriation.
new text end
new text begin
Notwithstanding Laws 2017, First Special
Session chapter 3, article 1, section 3, the base
is $90,747,000 in fiscal year 2020 and
$90,730,000 in fiscal year 2021.
new text end
Sec. 4. new text begin DEPARTMENT OF MANAGEMENT
|
new text begin
$ new text end |
new text begin
9,000,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
This appropriation is for reimbursement grants
to deputy registrars under Minnesota Statutes,
section 168.335, provided that the time period
under Minnesota Statutes, section 168.335,
subdivision 3, paragraph (a), clause (1), is
August 1, 2017, through January 31, 2018.
new text end
new text begin
$6,265,000 in the first year is from the driver
services operating account and $2,735,000 in
the first year is from the vehicle services
operating account.
new text end
new text begin
For the appropriation in the first year, the
commissioner of management and budget must
make efforts to reimburse deputy registrars
within 30 days of the effective date of this
section.
new text end
new text begin
The base from the general fund is $9,000,000
in each of fiscal years 2020 and 2021. The
base from the driver services operating
account is $0 in each of fiscal years 2020 and
2021. The base from the vehicle services
operating account is $0 in each of fiscal years
2020 and 2021.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, is
amended to read:
Subd. 2.Multimodal Systems
|
(a) Aeronautics
(1) Airport Development and Assistance |
26,001,000 |
16,598,000 |
This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after the year of the
appropriation. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.
$6,619,000 in the first year is for a grant to
the Duluth Airport Authority for
improvements at the Duluth International
Airport and the Sky Harbor Airport in
accordance with Minnesota Statutes, section
360.017. For the purposes of this
appropriation, the commissioner may waive
the requirements of Minnesota Statutes,
section 360.305, subdivision 4, paragraph (b).
This appropriation may be used to reimburse
the Authority for costs incurred after March
1, 2015. This is a onetime appropriation.
$2,334,000 in the first year is for a grant to
the city of Rochester for improvements to the
passenger terminal building at the Rochester
International Airport in accordance with
Minnesota Statutes, section 360.017. For the
purposes of this appropriation, the
commissioner of transportation may waive the
requirements of Minnesota Statutes, section
360.305, subdivision 4, paragraph (b). This
appropriation may be used to reimburse the
city for costs incurred after May 1, 2016. This
is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
360.017, $250,000 in the first year is for a
grant to the city of St. Cloud for an air
transport optimization planning study for the
St. Cloud Regional Airport. The study must
be comprehensive and market-based, using
economic development and air service
expertise to research, analyze, and develop
models and strategies that maximize the return
on investments made to enhance the use and
impact of the St. Cloud Regional Airport. By
January 5, 2018, the city of St. Cloud shall
submit a report to the governor and the
members and staff of the legislative
committees with jurisdiction over capital
investment, transportation, and economic
development with recommendations based on
the findings of the study. This is a onetime
appropriation.
If the commissioner of transportation
determines that a balance remains in the state
airports fund following the appropriations
made in this article and that the appropriations
made are insufficient for advancing airport
development and assistance projects, an
amount necessary to advance the projects, not
to exceed the balance in the state airports fund,
is appropriated in each year to the
commissioner and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4. Within two weeks of a
determination under this contingent
appropriation, the commissioner of
transportation must notify the commissioner
of management and budget and the chairs,
ranking minority members, and staff of the
legislative committees with jurisdiction over
transportation finance concerning the funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the base
for fiscal years 2020 and 2021.
The base is $15,298,000 in each of fiscal years
2020 and 2021.
(2) Aviation Support and Services |
6,710,000 |
6,854,000 |
Appropriations by Fund |
||
2018 |
2019 |
|
Airports |
5,231,000 |
5,231,000 |
Trunk Highway |
1,479,000 |
1,623,000 |
(3) Civil Air Patrol |
3,580,000 |
80,000 |
This appropriation is from the state airports
fund for the Civil Air Patrol.
$3,500,000 in the first year is for a grant tonew text begin :
(1) perform site selection and analysis; (2)
purchase,new text end renovate deleted text begin a portion of anddeleted text end new text begin , ornew text end
construct deleted text begin an addition to thedeleted text end training and
maintenance deleted text begin facility located at the South St.
Paul airport,deleted text end new text begin facilities;new text end and deleted text begin todeleted text end new text begin (3)new text end furnish and
equip the deleted text begin facilitydeleted text end new text begin facilitiesnew text end , including
communications equipment.new text begin If the Civil Air
Patrol purchases an existing facility, predesign
requirements are waived. The facilities must
be located at an airport in Minnesota.
Notwithstanding the matching requirements
in Minnesota Statutes, section 360.305,
subdivision 4, a nonstate contribution is not
required for this appropriation.new text end
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for deleted text begin fivedeleted text end new text begin sixnew text end years after the year of
the appropriation. This is a onetime
appropriation.
(b) Transit |
1,416,000 |
18,268,000 |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
570,000 |
17,395,000 |
Trunk Highway |
846,000 |
873,000 |
$150,000 in each year is from the general fund
for grants to transportation management
organizations that provide services exclusively
or primarily in the city located along the
marked Interstate Highway 494 corridor
having the highest population as of the
effective date of this section. The
commissioner must not retain any portion of
the funds appropriated under this section.
From the appropriation in each fiscal year, the
commissioner must make grant payments in
full by July 31. Permissible uses of funds
under this grant include administrative
expenses and programming and service
expansion, including but not limited to
staffing, communications, outreach and
education program development, and
operations management. This is a onetime
appropriation.
The base from the general fund is $17,245,000
in each year for fiscal years 2020 and 2021.
(c) Safe Routes to School |
500,000 |
500,000 |
This appropriation is from the general fund
for the safe routes to school program under
Minnesota Statutes, section 174.40.
(d) Passenger Rail |
500,000 |
500,000 |
This appropriation is from the general fund
for passenger rail system planning, alternatives
analysis, environmental analysis, design, and
preliminary engineering under Minnesota
Statutes, sections 174.632 to 174.636.
(e) Freight
Freight and Commercial Vehicle Operations |
8,506,000 |
6,578,000 |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
3,156,000 |
1,056,000 |
Trunk Highway |
5,350,000 |
5,522,000 |
$1,100,000 in the first year is from the general
fund for port development assistance grants
under Minnesota Statutes, chapter 457A, to
the city of Red Wing and to the Port Authority
of Winona. Any improvements made with the
proceeds of the grants must be publicly owned.
This is a onetime appropriation and is
available in the second year.
$800,000 in each year is from the general fund
for additional rail safety and rail service
activities.
$1,000,000 in the first year is from the general
fund for a grant to the city of Grand Rapids to
fund rail planning studies, design, and
preliminary engineering relating to the
construction of a freight rail line located in the
counties of Itasca, St. Louis, and Lake to serve
local producers and shippers. The city of
Grand Rapids shall collaborate with the Itasca
Economic Development Corporation and the
Itasca County Regional Railroad Authority in
the activities funded with the proceeds of this
grant. This is a onetime appropriation and is
available until June 30, 2019.
Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 1, is
amended to read:
Subdivision 1.Total Appropriation
|
$ |
199,838,000 |
$ |
deleted text begin
199,407,000
deleted text end
new text begin
198,041,000 new text end |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
19,971,000 |
14,381,000 |
Special Revenue |
63,945,000 |
65,087,000 |
H.U.T.D. |
10,474,000 |
deleted text begin
10,486,000
deleted text end
new text begin
9,120,000 new text end |
Trunk Highway |
105,448,000 |
109,453,000 |
The appropriations in this section are to the
commissioner of public safety. The amounts
that may be spent for each purpose are
specified in the following subdivisions.
Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is
amended to read:
Subd. 2.Administration and Related Services
|
(a) Office of Communications |
553,000 |
573,000 |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
127,000 |
130,000 |
Trunk Highway |
426,000 |
443,000 |
(b) Public Safety Support |
6,372,000 |
deleted text begin
6,569,000 deleted text end new text begin 5,203,000 new text end |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
1,225,000 |
1,235,000 |
H.U.T.D. |
1,366,000 |
deleted text begin
1,366,000
deleted text end
new text begin
-0- new text end |
Trunk Highway |
3,781,000 |
3,968,000 |
(c) Public Safety Officer Survivor Benefits |
640,000 |
640,000 |
This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
(d) Public Safety Officer Reimbursements |
1,367,000 |
1,367,000 |
This appropriation is from the general fund to
be deposited in the public safety officer's
benefit account. This money is available for
reimbursements under Minnesota Statutes,
section 299A.465.
(e) Soft Body Armor Reimbursements |
700,000 |
700,000 |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
600,000 |
600,000 |
Trunk Highway |
100,000 |
100,000 |
This appropriation is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.
(f) Technology and Support Service |
3,777,000 |
3,814,000 |
Appropriations by Fund |
||
2018 |
2019 |
|
General |
1,353,000 |
1,365,000 |
H.U.T.D. |
19,000 |
19,000 |
Trunk Highway |
2,405,000 |
2,430,000 |
new text begin
$75,270,000 in fiscal year 2019 is transferred from the general fund to the commissioner
of transportation for deposit in the highway user tax distribution fund.
new text end
new text begin
On June 30, 2018, the commissioner of transportation must transfer the entire balance
in the rail service improvement account to the freight rail account in the special revenue
fund. Any encumbrance from the rail service improvement account made before the transfer
remains in effect from the freight rail account following the transfer.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The appropriations in fiscal year 2019 from the driver services operating account and
from the vehicle services operating account under Laws 2017, First Special Session chapter
3, article 1, section 4, are available from the corresponding account in the driver and vehicle
services fund under Minnesota Statutes, sections 299A.704 and 299A.705, for the purposes
specified under Laws 2017, First Special Session chapter 3, article 1, section 4.
new text end
new text begin
(a) From funds specifically made available for purposes of this section, the commissioner
of transportation must provide a grant to Minnesota Commercial Railway Company to
demolish the existing railroad bridge over Rice Creek in New Brighton and to predesign,
design, acquire any needed right-of-way, engineer, construct, and equip a replacement
railroad bridge to meet the needs of the railroad operators that use the bridge.
new text end
new text begin
(b) The grant under this section is contingent on:
new text end
new text begin
(1) review and approval of the railway company's design, engineering, and plans for the
project by Ramsey County to ensure the project does not interfere with recreational use of
adjacent park property and Rice Creek, and by the Rice Creek Watershed District to ensure
that the project's impact on flows in the creek complies with the watershed district's adopted
rules. These reviews and approvals are in addition to any other reviews, permits, or approvals
required for the project;
new text end
new text begin
(2) Minnesota Commercial Railway Company removing all structures related to the
existing bridge, including any pilings, footings, or water control structures placed to protect
the existing bridge structures, from the Rice Creek streambed as part of the demolition and
removal of the existing bridge, except to the extent prohibited by a permitting authority,
including but not limited to the Department of Natural Resources and the United States
Army Corps of Engineers. The replacement bridge and structures are the property of the
owner of the railroad right-of-way and railroad operator, as may be arranged between them;
and
new text end
new text begin
(3) Minnesota Commercial Railway Company entering into an agreement with Ramsey
County that: (i) grants the company access to both construct and perform ongoing
maintenance on the bridge; and (ii) provides for repair of the county trail damaged by railway
maintenance work that occurred on the two years before the effective date of this section,
as well as immediately after construction and any subsequent maintenance activities.
new text end
new text begin
(c) By entering into a grant agreement with the commissioner of transportation, Minnesota
Commercial Railway Company agrees to cooperate with the city of New Brighton and
Ramsey County to develop crossings and trails in or near to the railway right-of-way in the
city.
new text end
new text begin
The sums shown in the column under "Appropriations" are appropriated from the bond
proceeds account in the trunk highway fund to the state agencies or officials indicated, to
be spent for public purposes. Appropriations of bond proceeds must be spent as authorized
by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money
appropriated in this article for a capital program or project may be used to pay state agency
staff costs that are attributed directly to the capital program or project in accordance with
accounting policies adopted by the commissioner of management and budget.
new text end
new text begin
SUMMARY new text end |
||
new text begin
Department of Transportation new text end |
new text begin
$ new text end |
new text begin
250,000,000 new text end |
new text begin
Department of Management and Budget new text end |
new text begin
250,000 new text end |
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
250,250,000 new text end |
new text begin
APPROPRIATIONS new text end |
Sec. 2. new text begin DEPARTMENT OF
|
new text begin Subdivision 1. new text end
new text begin
Corridors of Commerce
|
new text begin
$ new text end |
new text begin
145,000,000 new text end |
new text begin
This appropriation is to the commissioner of
transportation for the corridors of commerce
program under Minnesota Statutes, section
161.088.
new text end
new text begin
The commissioner may use up to 17 percent
of the amount for program delivery.
new text end
new text begin Subd. 2. new text end
new text begin
Trunk Highway-Rail Grade Separations
|
new text begin
$ new text end |
new text begin
75,000,000 new text end |
new text begin
This appropriation is to the commissioner of
transportation for trunk highway-rail grade
separation projects (1) identified as priority
grade separation recommendations in the final
report on highway-rail grade crossing
improvements submitted under Laws 2014,
chapter 312, article 10, section 10; and (2) for
which trunk highway bond proceeds are a
permissible use. The commissioner must first
prioritize grade separation projects that
eliminate a skewed intersection of two trunk
highways.
new text end
new text begin
If any proceeds under this subdivision remain
following a determination by the
commissioner that sufficient resources have
been committed to complete all eligible
projects, the remaining amount is available
for the corridors of commerce program under
Minnesota Statutes, section 161.088.
new text end
new text begin Subd. 3. new text end
new text begin
Transportation Facilities Capital
|
new text begin
$ new text end |
new text begin
30,000,000 new text end |
new text begin
This appropriation is to the commissioner of
transportation for the transportation facilities
capital program under Minnesota Statutes,
section 174.13.
new text end
Sec. 3. new text begin BOND SALE EXPENSES
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
This appropriation is to the commissioner of
management and budget for bond sale
expenses under Minnesota Statutes, sections
16A.641, subdivision 8, and 167.50,
subdivision 4.
new text end
Sec. 4. new text begin BOND SALE AUTHORIZATION.
|
new text begin
To provide the money appropriated in this article from the bond proceeds account in the
trunk highway fund, the commissioner of management and budget shall sell and issue bonds
of the state in an amount up to $250,250,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota
Constitution, article XIV, section 11, at the times and in the amounts requested by the
commissioner of transportation. The proceeds of the bonds, except accrued interest and any
premium received from the sale of the bonds, must be deposited in the bond proceeds account
in the trunk highway fund.
new text end
Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended
to read:
(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division deleted text begin and the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter,deleted text end new text begin two 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 end The 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 begin and 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 April 15, 2023.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to
read:
new text begin
Data sharing between
the commissioner of human services and the Metropolitan Council to administer and
coordinate transportation services for individuals with disabilities and elderly individuals
is governed by section 473.386, subdivision 9.
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
Minnesota Statutes 2016, section 13.6905, subdivision 3, is amended to read:
Various data on motor vehicle registrations are
classified under sections 168.327, subdivision 3, and 168.346.new text begin Use of vehicle registration
data is governed by section 168.345.
new text end
Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:
new text begin (a) new text end Personal, medical, financial, familial, or
locational information data pertaining to applicants for or users of services providing
transportation for deleted text begin the disableddeleted text end new text begin individuals with disabilitiesnew text end or elderly new text begin individuals new text end are privatenew text begin
data on individualsnew text end .
new text begin
(b) Private transportation service data may be disclosed between the commissioner of
human services and the Metropolitan Council to administer and coordinate human services
programs and transportation services for individuals with disabilities and elderly individuals
under section 473.386.
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
Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended
to read:
"Bikeway" deleted text begin means 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 modesdeleted text end new text begin has the meaning given in
section 169.011, subdivision 9new text end .
Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:
new text begin (a) new text end A rural
agricultural or tourist-oriented business new text begin serviced by a specific service sign new text end must be open a
minimum of eight hours per day, six days per week, and 12 months per year. deleted text begin However,
deleted text end
new text begin (b)new text end A seasonal business deleted text begin may qualify if it isdeleted text end new 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 or by the commissioner
of agriculture under section 28A.04;
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
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:
Beginning at a point on Route No. deleted text begin 392 southwest or west
of Ashbydeleted text end new text begin 3 at or near Erdahlnew text end , thence extending in a general northerly or northeasterly
direction to a point on deleted text begin Route No. 153 as herein established at or near Ashby, thence extending
in a northeasterly direction to a point ondeleted text end Route No. 181 as herein established at or near
Ottertail.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin
The bridge on marked U.S. Highway 53 over
marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce
Bridge." Subject to section 161.139, the commissioner shall adopt a suitable design to mark
this bridge and erect appropriate signs.
new text end
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin
That segment of marked U.S.
Highway 12 within the city limits of Wayzata is designated as "Officer Bill Mathews
Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs.
new text end
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin
The bridge on marked
U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within
the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."
Subject to section 161.139, the commissioner shall adopt a suitable design to mark the
bridge and erect appropriate signs.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin
That segment of marked
Trunk Highway 210 within Cass County is designated as "State Trooper Ray Krueger
Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs in the vicinity of the location where
Trooper Krueger died.
new text end
Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:
In cases where the estimated cost of construction work or
maintenance work does not exceed deleted text begin $150,000deleted text end new text begin $250,000new text end , the commissioner may enter into
a contract for the work by direct negotiation, by obtaining two or more quotations for the
work, and without advertising for bids or otherwise complying with the requirements of
competitive bidding if the total contractual obligation of the state for the directly negotiated
contract or contracts on any single project does not exceed deleted text begin $150,000deleted text end new text begin $250,000new text end . All quotations
obtained shall be kept on file for a period of at least one year after receipt of the quotation.
new text begin
(a) As authorized by United States Code, title 23, section 140(d), the commissioner of
transportation may implement an Indian employment preference for members of federally
recognized tribes on projects carried out under United States Code, title 23, near an Indian
reservation.
new text end
new text begin
(b) For purposes of this section, a project is near a reservation if: (1) the project is within
the distance a person seeking employment could reasonably be expected to commute to and
from each work day; or (2) the commissioner, in consultation with federally recognized
Minnesota tribes, determines a project is near an Indian reservation.
new text end
Minnesota Statutes 2016, section 168.10, subdivision 1h, is amended to read:
(a) A motor vehicle, including a truck, shall be
listed and registered under this section if it meets the following conditions:
(1) it is at least 20 years old;
(2) its first owner following its manufacture was a branch of the armed forces of the
United States and it presently conforms to the vehicle specifications required during the
time of military ownership, or it has been restored and presently conforms to the
specifications required by a branch of the armed forces for the model year that the restored
vehicle could have been owned by that branch of the armed forces; and
(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle.
For purposes of this subdivision, "nonprofit organization" means a corporation, society,
association, foundation, or institution organized and operated exclusively for historical or
educational purposes, no part of the net earnings of which inures to the benefit of a private
individual.
(b) The owner of the vehicle shall execute an affidavit stating the name and address of
the person from whom purchased and of the new owner; the make, year, and model number
of the motor vehicle; the manufacturer's identification number; and the collector military
vehicle identification number, if any, located on the exterior of the vehicle. The affidavit
must affirm that the vehicle is owned by a nonprofit organization and is operated solely as
a collector's item and not for general transportation purposes. If the commissioner is satisfied
that the affidavit is true and correct and the owner pays a $25 tax and the plate fee authorized
under section 168.12, the commissioner shall list the vehicle for taxation and registration
and shall issue number plates. The number plates shall bear the inscriptions "Collector" and
"Minnesota" and the registration number, but no date. The number plates are valid without
renewal as long as the vehicle is in existence in Minnesota. The commissioner may revoke
the plates for failure to comply with this subdivision.
(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of
a registered collector military vehicle is not required to display registration plates on the
exterior of the vehicle if the vehicle has an exterior number identification that conforms to
the identifying system for military vehicles in effect when the vehicle was last owned by
the branch of the armed forces of the United States or in effect in the year to which the
collector military vehicle has been restored. However, the state registration plates must be
carried in or on the collector military vehicle at all times.
(d) The owner of a registered collector military vehicle that is not required to display
registration plates under paragraph (c) may tow a registered trailer behind it. The trailer is
not required to display registration plates if the trailer:
(1) does not exceed a gross weight of 15,000 pounds;
(2) otherwise conforms to registration, licensing, and safety laws and specifications;
(3) conforms to military specifications for appearance and identification;
(4) is intended to represent and does represent a military trailer; and
(5) carries registration plates on or in the trailer or the collector military vehicle towing
the trailer.
new text begin
(e) This subdivision does not apply to a decommissioned military vehicle that (1) was
also manufactured and sold as a comparable civilian vehicle, and (2) has the same size
dimensions and vehicle weight as the comparable civilian vehicle. A decommissioned
military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A
and is subject to the same registration, insurance, and operating requirements as a motor
vehicle.
new text end
Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:
Any person who fails
to mail in the application for registration or transfer with appropriate taxes and fees to thenew text begin
commissioner or a deputynew text end registrar deleted text begin of motor vehiclesdeleted text end new text begin ,new text end or otherwise fails to submit deleted text begin saiddeleted text end new text begin thenew text end
forms and remittance deleted text begin to the registrardeleted text end new text begin ,new text end within ten days following date of sale deleted text begin shall bedeleted text end new text begin isnew text end guilty
of a misdemeanor.
new text begin
This section is effective July 1, 2019.
new text end
Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:
deleted text begin Instead of the filing fee described in section 168.33, subdivision 7,deleted text end new text begin For
each vehicle in the fleet,new text end the applicant for fleet registration shall paynew text begin :
new text end
new text begin
(1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy
registrar; or
new text end
new text begin (2)new text end an deleted text begin equivalentdeleted text end administrative fee deleted text begin to thedeleted text end new text begin for transactions processed by thenew text end commissioner
deleted text begin for each vehicle in the fleetdeleted text end new text begin , which is imposed in lieu of but in the same amount as the filing
fee in section 168.33, subdivision 7new text end .
new text begin
This section is effective July 1, 2019.
new text end
Minnesota Statutes 2016, section 168.326, is amended to read:
(a) When an applicant requests and pays an expedited service fee of $20, in addition to
other specified and statutorily mandated fees and taxes, the commissionernew text begin or, if appropriate,
a driver's license agent or deputy registrar,new text end shall expedite the processing of an application
for a driver's license, driving instruction permit, Minnesota identification card, or vehicle
title transaction.
(b) A driver's license agent or deputy registrar may retain $10 of the expedited service
fee for each expedited service request processed by the licensing agent or deputy registrar.
(c) When expedited service is requested, materials must be mailed or delivered to the
requester within three days of receipt of the expedited service fee excluding Saturdays,
Sundays, or the holidays listed in section 645.44, subdivision 5. The requester shall comply
with all relevant requirements of the requested document.
(d) The commissioner may decline to accept an expedited service request if it is apparent
at the time it is made that the request cannot be granted.new text begin The commissioner must not decline
an expedited service request and must not prevent a driver's license agent or deputy from
accepting an expedited service request solely on the basis of limitations of the driver and
vehicle services information technology system.
new text end
(e) The expedited service fees collected under this section for an application for a driver's
license, driving instruction permit, or Minnesota identification card minus any portion
retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the
driver services operating account in the special revenue fund specified under section
299A.705.
(f) The expedited service fees collected under this section for a transaction for a vehicle
service minus any portion retained by a licensing agent or deputy registrar under paragraph
(b) must be paid into the vehicle services operating account in the special revenue fund
specified under section 299A.705.
new text begin
This section is effective November 1, 2019.
new text end
Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to
read:
new text begin
A deputy registrar may receive motor vehicle
applications and submissions under this chapter and chapter 168A by mail, process the
transactions, and retain the appropriate filing fee under subdivision 7.
new text end
new text begin
This section is effective July 1, 2019.
new text end
new text begin
(a) By August 1 of a fiscal year in which funds
are specifically made available for purposes of this section, the commissioner of management
and budget must provide reimbursement grants to deputy registrars.
new text end
new text begin
(b) The commissioner must use existing resources to administer the reimbursements.
new text end
new text begin
A deputy registrar office operated by the state is not eligible to
receive funds under this section.
new text end
new text begin
(a) The reimbursement grant to each deputy registrar, as
identified by the Driver and Vehicle Services-designated office location number, is calculated
as follows:
new text end
new text begin
(1) 50 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee under section 168.33, subdivision 7, is retained by each
deputy registrar during the preceding fiscal year, compared to (ii) the total number of
transactions where a filing fee is retained by all deputy registrars during that time period;
and
new text end
new text begin
(2) 50 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through
June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained
by all deputy registrars during that time period.
new text end
new text begin
(b) For a deputy registrar appointed after July 1, 2014, the commissioner of management
and budget must identify whether a corresponding discontinued deputy registrar appointment
exists. If a corresponding discontinued deputy registrar is identified, the commissioner must
include the transactions of the discontinued deputy registrar in the calculations under
paragraph (a) for the deputy registrar appointed after July 1, 2014.
new text end
new text begin
(c) For a deputy registrar appointed after July 1, 2014, for which paragraph (b) does not
apply, the commissioner of management and budget must calculate that deputy registrar's
proportional share under paragraph (a), clause (2), based on the average number of
transactions where a filing fee is retained among the deputy registrars, as calculated excluding
any deputy registrars for which this paragraph applies.
new text end
new text begin
(d) In the calculations under paragraph (a), the commissioner of management and budget
must exclude transactions for (1) a deputy registrar office operated by the state, and (2) a
discontinued deputy registrar for which paragraph (b) does not apply.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2016, section 168.345, subdivision 2, is amended to read:
The commissioner may not furnish information about
registered owners of passenger automobiles who are lessees under a lease for a term of 180
days or more to any person except the personnel of law enforcement agencies deleted text begin anddeleted text end new text begin , trade
associations performing a member service under section 604.15, subdivision 4a,new text end federal,
state, and local governmental units, and, at the commissioner's discretion, to persons who
use the information to notify lessees of automobile recalls. The commissioner may release
information about lessees in the form of summary data, as defined in section 13.02, to
persons who use the information in conducting statistical analysis and market research.
Minnesota Statutes 2016, section 168A.02, subdivision 1, is amended to read:
new text begin (a) new text end Except as provided in section
168A.03, every owner of a vehicle which is in this state and for which no currently effective
certificate of title has been issued in this state shall make application to the department for
a certificate of title of the vehicle, pursuant to rules adopted by the department under section
168A.24, subdivision 2, clause deleted text begin 3deleted text end new text begin (3)new text end .
new text begin
(b) A decommissioned military vehicle that (1) was also manufactured and sold as a
comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as
the comparable civilian vehicle, is eligible for a certificate of title under this chapter.
new text end
Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:
(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a deleted text begin late-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 begin late-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 deleted text begin late-model or high-valuedeleted text end 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.
Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:
(a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an original certificate of title, deleted text begin the
sum of:
deleted text end
deleted text begin
(i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705, and from July 1,
2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account; and
deleted text end
deleted text begin (ii) on and after January 1, 2017,deleted text end $8.25new text begin ,new text end of which $4.15 must be paid into the vehicle
services operating accountnew text begin under section 299A.705new text end ;
(2) for each security interest when first noted upon a certificate of title, including the
concurrent notation of any assignment thereof and its subsequent release or satisfaction, deleted text begin the
sum ofdeleted text end $2, except that no fee is due for a security interest filed by a public authority under
section 168A.05, subdivision 8;
deleted text begin
(3) until December 31, 2016, for the transfer of the interest of an owner and the issuance
of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle
services operating account of the special revenue fund under section 299A.705, and from
July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to
the driver and vehicle services technology account;
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end for each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, deleted text begin the sum ofdeleted text end $1; and
deleted text begin (5)deleted text end new text begin (4)new text end for issuing a duplicate certificate of title, deleted text begin the sum ofdeleted text end $7.25new text begin ,new text end of which $3.25 must
be paid into the vehicle services operating account deleted text begin of the special revenue funddeleted text end under section
299A.705deleted text begin ; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee
and credited to the driver and vehicle services technology accountdeleted text end .
(b) In addition to the fee required under paragraph (a), clause (1), the department must
be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited
in the special revenue fund and credited to the public safety motor vehicle account established
in section 299A.70.
new text begin
This section is effective July 1, 2018.
new text end
Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:
"Bicycle lane" means a portion of a roadway deleted text begin or 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 begin or shoulderdeleted text end used for motor vehicle traffic by
physical barrier, striping, marking, or other similar device.
Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:
"Bikeway" means a bicycle lane, bicycle path, deleted text begin ordeleted 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 begin is to bedeleted text end new text begin fornew text end sharednew text begin usenew text end with other transportation modes.
Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:
"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 the on-track
equipment or rolling stock is self-propelled or coupled to another device.
new text end
Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:
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 end new text begin (a)new text end The driver of a vehicle overtaking another vehicle proceeding in the same direction
deleted text begin shalldeleted text end new text begin mustnew text end pass to the left deleted text begin thereofdeleted text end new text begin of the other vehiclenew text end at a safe distance and deleted text begin shall not again
drivedeleted text end new 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 end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (b)new text end Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle deleted text begin shalldeleted text end new text begin mustnew text end give way to the right in favor of the overtaking vehicle deleted text begin on
audible warning,deleted text end and deleted text begin shalldeleted text end new text begin mustnew text end not increase deleted text begin thedeleted text end speed deleted text begin of the overtaken vehicledeleted text end until
completely passed by the overtaking vehicledeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3)deleted text end new 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 begin shall leavedeleted text end new text begin or 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 begin clearance, when passing the bicycle or individualdeleted text end new 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 begin shall
deleted text end
new text begin (2)new text end maintain clearance untilnew text begin the motor vehicle hasnew text end safely deleted text begin pastdeleted text end new text begin passednew text end the overtaken bicycle
or individual.
Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:
new text begin (a) new text end Every person operating a bicycle deleted text begin shall havedeleted text end new 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
Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:
(a) Every person operating a bicycle deleted text begin upon a roadway shalldeleted text end new text begin on a
road mustnew text end ride as close deleted text begin as practicabledeleted text end to the right-hand curb or edge of the deleted text begin roadway except
under any of the following situationsdeleted text end new 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 whennew text end :
(1) deleted text begin whendeleted text end overtaking and passing another vehicle proceeding in the same direction;
(2) deleted text begin whendeleted text end preparing for a left turn at an intersection or into a private road or driveway;
(3) deleted text begin whendeleted text end reasonably necessary to avoid conditionsnew text begin that make it unsafe to continue along
the right-hand curb or edgenew 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 edgedeleted text end ; deleted text begin or
deleted text end
(4) deleted text begin whendeleted 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 before entering an intersectionnew text end .
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle deleted text begin shalldeleted text end new 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 end A 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
Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:
(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.
Minnesota Statutes 2016, section 169.28, is amended to read:
(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 begin hereinafterdeleted text end new text begin otherwisenew text end provideddeleted text begin , anddeleted text end new text begin in this section.
The drivernew 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.
(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 end Anew 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
railroadnew text end train enters the crossing.
deleted text begin (c)deleted text end new 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.
Minnesota Statutes 2016, section 169.29, is amended to read:
(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.
Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:
(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 begin licensed physical therapist, new text end or 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.
Minnesota Statutes 2016, section 169.4503, subdivision 5, is amended to read:
Fenderettes may be black. The beltline may be painted yellow over
black or black over yellow. The rub rails deleted text begin shalldeleted text end new text begin mustnew text end be blacknew text begin or yellownew text end . The area around
the lenses of alternately flashing signal lamps extending outward from the edge of the lamp
three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to
the bottom, deleted text begin shalldeleted text end new text begin mustnew text end be black. Visors or hoods, black in color, with a minimum of four
inches may be provided.
Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to
read:
new text begin
(a) For purposes of this subdivision, the following
terms have the meanings given them:
new text end
new text begin
(1) "automobile transporter" means any vehicle combination designed and used to
transport assembled highway vehicles, including truck camper units;
new text end
new text begin
(2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer
having the fifth wheel located on a drop frame located behind and below the rear-most axle
of the power unit; and
new text end
new text begin
(3) "backhaul" means the return trip of a vehicle transporting cargo or general freight,
especially when carrying goods back over all or part of the same route.
new text end
new text begin
(b) Stinger-steered combination automobile transporters having a length of 80 feet or
less may be operated on interstate highways and other highways designated in this section,
and in addition may carry a load that extends the length by four feet or less in the front of
the vehicle and six feet or less in the rear of the vehicle.
new text end
new text begin
(c) An automobile transporter may transport cargo or general freight on a backhaul,
provided it complies with weight limitations for a truck tractor and semitrailer combination
under section 169.824.
new text end
Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:
(a) A vehicle or combination of vehicles described in subdivision
1 must:
(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;
(2) comply with bridge load limits posted under section 169.84;
(3) be equipped and operated with six or more axles and brakes on all wheels;
(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;
(5) not be operated on interstate highways;
(6) obtain an annual permit from the commissioner of transportation;
(7) obey all road postings; and
(8) not exceed 20,000 pounds gross weight on any single axle.
(b) A vehicle operated under this section may exceed the legal axle weight limits listed
in section 169.824 by not more than 12.5 percent; except that, the weight limits may be
exceeded by not more than 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.
new text begin
(c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles
hauling raw or unfinished forest products may also operate on the segment of marked
Interstate Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).
new text end
Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended
to read:
new text begin (a) new text end The provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a law enforcement special
response vehicle, or a licensed land emergency ambulance service vehicle.
new text begin
(b) Emergency vehicles designed to transport personnel and equipment to support the
suppression of fires and to mitigate other hazardous situations are subject to the following
weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single
steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency
vehicle operating on an interstate highway must not exceed 86,000 pounds.
new text end
Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision
to read:
new text begin
(a) Sections 169.823 and 169.826 to 169.828 do
not apply to a sewage septic tank truck used exclusively to transport sewage from septic or
holding tanks.
new text end
new text begin
(b) The weight limitations under section 169.824 are increased by ten percent for a
single-unit vehicle transporting sewage from the point of service to (1) another point of
service, or (2) the point of unloading.
new text end
new text begin
(c) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision
3; or any other law to the contrary, a permit is not required to operate a vehicle under this
subdivision.
new text end
new text begin
(d) The seasonal weight increases under section 169.826, subdivision 1, do not apply to
a vehicle operated under this subdivision.
new text end
new text begin
(e) A vehicle operated under this subdivision is subject to bridge load limits posted under
section 169.84.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2016, section 169.87, subdivision 6, is amended to read:
(a) deleted text begin Except as provided in paragraph (b)deleted text end new text begin While
a vehicle is engaged in the type of collection the vehicle was designed to performnew text end , weight
restrictions imposed under subdivisions 1 and 2 do not apply tonew text begin :
new text end
new text begin (1)new text end a vehicle that does not exceed 20,000 pounds per single axle and is designed and
used exclusively for recycling, while deleted text begin engaged in recyclingdeleted text end new text begin operatingnew text end in a political subdivision
that mandates curbside recycling pickupdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to: (1)deleted text end new text begin (2)new text end a
vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for
recycling deleted text begin as described in paragraph (a)deleted text end ;
deleted text begin (2)deleted text end new text begin (3)new text end a vehicle that does not exceed 14,000 pounds per single axle and is designed and
used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03,
subdivision 21deleted text begin , while engaged in such collectiondeleted text end ; deleted text begin or
deleted text end
deleted text begin (3)deleted text end new text begin (4)new text end a portable toilet service vehicle that does not exceed 14,000 pounds per single
axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for
collecting liquid waste from portable toiletsdeleted text begin , while engaged in such collectiondeleted text end new text begin ; or
new text end
new text begin (5) a sewage septic tank truck that is designed and used exclusively to haul sewage from
septic or holding tanksnew text end .
deleted text begin (c)deleted text end new text begin (b)new text end Notwithstanding section 169.80, subdivision 1, deleted text begin a violation ofdeleted text end new text begin the owner or operator
of a vehicle that violates thenew text end weight restrictions imposed under subdivisions 1 and 2 deleted text begin by a
vehicle designed and used exclusively for recycling while engaged in recycling in a political
subdivision that mandates curbside recycling pickup while engaged in such collection, by
a vehicle that is designed and used exclusively for collecting mixed municipal solid waste
as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a
portable toilet service vehicle that is designed and used exclusively for collecting liquid
waste from portable toilets, while engaged in such collection,deleted text end is not subject to criminal
penalties but is subject to a civil penalty for excess weight under section 169.871new text begin if the
vehicle (1) meets the requirements under paragraph (a), and (2) is engaged in the type of
collection the vehicle was designed to performnew text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2016, section 169.974, subdivision 2, is amended to read:
(a) No person shall operate
a motorcycle on any street or highway without having a valid driver's license with a
two-wheeled vehicle endorsement as provided by law. A person may operate an autocycle
without a two-wheeled vehicle endorsement, provided the person has a valid driver's license
issued under section 171.02.
(b) The commissioner of public safety shall issue a two-wheeled vehicle endorsement
only if the applicant (1) has in possession a valid two-wheeled vehicle instruction permit
as provided in paragraph (c), (2) has passed a written examination and road test administered
by the Department of Public Safety for the endorsement, and (3) in the case of applicants
under 18 years of age, presents a certificate or other evidence of having successfully
completed an approved two-wheeled vehicle driver's safety course in this or another state,
in accordance with rules adopted by the commissioner of public safety for courses offered
by a public, private, or commercial school or institute. The commissioner of public safety
may waive the road test for any applicant on determining that the applicant possesses a valid
license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable
road test for license issuance.
(c) The commissioner of public safety shall issue a two-wheeled vehicle instruction
permit to any person over 16 years of age who (1) is in possession of a valid driver's license,
(2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed
a written examination for the permit and paid a fee prescribed by the commissioner of public
safety. A two-wheeled vehicle instruction permit is effective for one year and may be
renewed under rules prescribed by the commissioner of public safety.
(d) No person who is operating by virtue of a two-wheeled vehicle instruction permit
shall:
(1) carry any passengers on the streets and highways of this state on the motorcycle
while the person is operating the motorcycle;
(2) drive the motorcycle at night;new text begin or
new text end
deleted text begin
(3) drive the motorcycle on any highway marked as an interstate highway pursuant to
title 23 of the United States Code; or
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end drive the motorcycle without wearing protective headgear that complies with
standards established by the commissioner of public safety.
(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue
a special motorcycle permit, restricted or qualified as the commissioner of public safety
deems proper, to any person demonstrating a need for the permit and unable to qualify for
a driver's license.
Minnesota Statutes 2017 Supplement, section 171.06, subdivision 2, is amended
to read:
(a) The fees for a license and Minnesota identification card are as follows:
REAL ID Compliant or Noncompliant Classified Driver's License |
D-$17.25 |
C-$21.25 |
B-$28.25 |
A-$36.25 |
|
REAL ID Compliant or Noncompliant Classified Under-21 D.L. |
D-$17.25 |
C-$21.25 |
B-$28.25 |
A-$16.25 |
|
Enhanced Driver's License |
D-$32.25 |
C-$36.25 |
B-$43.25 |
A-$51.25 |
|
REAL ID Compliant or Noncompliant Instruction Permit |
$5.25 |
||||
Enhanced Instruction Permit |
$20.25 |
||||
Commercial Learner's Permit |
$2.50 |
||||
REAL ID Compliant or Noncompliant Provisional License |
$8.25 |
||||
Enhanced Provisional License |
$23.25 |
||||
Duplicate REAL ID Compliant or Noncompliant License or duplicate REAL ID Compliant or Noncompliant identification card |
$6.75 |
||||
Enhanced Duplicate License or enhanced duplicate identification card |
$21.75 |
||||
REAL ID Compliant or Noncompliant Minnesota identification card or REAL ID Compliant or Noncompliant Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a |
$11.25 |
||||
Enhanced Minnesota identification card |
$26.25 |
deleted text begin
In addition to each fee required in this paragraph, the commissioner shall collect a surcharge
of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016.
Surcharges collected under this paragraph must be credited to the driver and vehicle services
technology account in the special revenue fund under section 299A.705.
deleted text end
(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related
moving violations, and (3) convictions for moving violations that are not crash related, shall
have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving
violation" has the meaning given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee required under paragraph (a), the commissioner
shall collect an additional $4 processing fee from each new applicant or individual renewing
a license with a school bus endorsement to cover the costs for processing an applicant's
initial and biennial physical examination certificate. The department shall not charge these
applicants any other fee to receive or renew the endorsement.
(d) In addition to the fee required under paragraph (a), a driver's license agent may charge
and retain a filing fee as provided under section 171.061, subdivision 4.
(e) In addition to the fee required under paragraph (a), the commissioner shall charge a
filing fee at the same amount as a driver's license agent under section 171.061, subdivision
4. Revenue collected under this paragraph must be deposited in the driver services operating
account.
(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.
new text begin
(a) A transportation facilities capital program is
established to prioritize among eligible projects that:
new text end
new text begin
(1) support the programmatic mission of the department;
new text end
new text begin
(2) extend the useful life of existing buildings; or
new text end
new text begin
(3) renovate or construct facilities to meet the department's current and future operational
needs.
new text end
new text begin
(b) Projects under the transportation facilities capital program may be funded by proceeds
from the sale of trunk highway bonds or from other funds appropriated for the purposes of
this section.
new text end
new text begin
(a) A transportation facilities capital account is established in the
trunk highway fund. The account consists of all money made available from the trunk
highway fund for the purposes of this section and any other money donated, allotted,
transferred, or otherwise provided to the account by law. Money in the account is appropriated
to the commissioner for the purposes specified and consistent with the standards and criteria
set forth in this section.
new text end
new text begin
(b) A transportation facilities capital account is established in the bond proceeds account
of the trunk highway fund. The account consists of trunk highway bond proceeds appropriated
to the commissioner for the transportation facilities capital program. Money in the account
may only be expended on trunk highway purposes, which includes the purposes in this
section.
new text end
new text begin
(a) The legislature finds that many projects for preservation and
replacement of portions of existing capital assets constitute the construction, improvement,
and maintenance of the public highway system within the meaning of the Minnesota
Constitution, article XIV, section 11, and capital expenditures under generally accepted
accounting principles as applied to public expenditures. Projects can be financed more
efficiently and economically under the program than by direct appropriations for specific
projects.
new text end
new text begin
(b) When allocating funding under this section, the commissioner must review the
projects deemed eligible under subdivision 4 and prioritize allocations using the criteria in
subdivision 5. Money allocated to a specific project in an appropriation or other law must
be allocated as provided by the law.
new text end
new text begin
(a) A project is eligible under this section
only if it is a capital expenditure on a capital building asset owned or to be owned by the
state within the meaning of generally accepted accounting principles as applied to public
expenditures.
new text end
new text begin
(b) Capital budget expenditures that are eligible under this section include but are not
limited to: (1) acquisition of land and buildings; and (2) the predesign, engineering,
construction, furnishing and equipping of district headquarter buildings, truck stations, salt
storage or other unheated storage buildings, deicing and anti-icing facilities, fuel dispensing
facilities, highway rest areas, and vehicle weigh and inspection stations.
new text end
new text begin
When prioritizing funding allocation among projects
eligible under subdivision 4, the commissioner must consider:
new text end
new text begin
(1) whether a project ensures the effective and efficient condition and operation of the
facility;
new text end
new text begin
(2) the urgency in ensuring the safe use of existing buildings;
new text end
new text begin
(3) the project's total life-cycle cost;
new text end
new text begin
(4) additional criteria for priorities otherwise specified in state law, statute, or rule that
applies to a category listed in the act making an appropriation for the program; and
new text end
new text begin
(5) any other criteria the commissioner deems necessary.
new text end
Minnesota Statutes 2016, section 174.66, is amended to read:
(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 begin rules 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.
Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:
The federal regulations
incorporated in section 221.0314, subdivision 9, for deleted text begin maximum driving and on-duty time,deleted text end new text begin
hours of servicenew text end do not apply to drivers engaged in intrastate transportation within a
150-air-mile radius from the source of the commoditiesnew text begin ,new text end or from the retail or wholesale
distribution point of the farm suppliesnew text begin ,new text end for:
(1) agricultural commoditiesnew text begin ;new text end or
new text begin (2)new text end farm supplies for agricultural purposes deleted text begin from March 15 to December 15 of each year;
ordeleted text end new text begin .
new text end
deleted text begin
(2) sugar beets from September 1 to May 15 of each year.
deleted text end
Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision
to read:
new text begin
(a) The federal regulations
incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers
engaged in intrastate transportation of utility construction materials within a 50-mile radius
from the site of a construction or maintenance project.
new text end
new text begin
(b) For purposes of this subdivision, utility construction materials includes supplies and
materials used in a project to construct or maintain (1) a street or highway; (2) equipment
or facilities to furnish electric transmission service; (3) a telecommunications system or
cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer;
(5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.
new text end
Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:
new text begin (a) new text end Code of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), deleted text begin (k),deleted text end (m), and
(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections
or paragraphs not incorporated in this subdivision are not incorporated by reference.
new text begin
(b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the
planting and harvest period for Minnesota is from January 1 through December 31 each
year.
new text end
new text begin (c)new text end The requirements of Code of Federal Regulations, title 49, part 395, do not apply to
drivers of lightweight vehicles.
Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:
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.
Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:
(a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations new text begin identified during a single audit or
investigation new text end of new text begin (1) new text end section 221.021deleted text begin ;deleted text end new text begin ,new text end 221.141deleted text begin ;deleted text end new 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 begin or new text end insurancedeleted text begin , or tariffs and accounting, identified during
a single inspection, audit, or investigationdeleted 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.
Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:
(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 end new 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
Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:
A household goods deleted text begin carrier shall file anddeleted text end new text begin mover must new text end maintain deleted text begin with the
commissionerdeleted text end a tariff showing rates and charges for transporting household goods. deleted text begin Tariffs
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 end new text begin A household goods mover must prepare a tariff
under this section that complies with Code of Federal Regulations, title 49, part 1310.3.
new text end
Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision
to read:
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
Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:
deleted text begin Nodeleted text end new text begin Anew text end household goods deleted text begin carrier
shalldeleted text end new text begin mover must notnew text end charge or receive a greater, lesser, or different compensation for the
transportation deleted text begin of persons or propertydeleted text end or deleted text begin for relateddeleted text end servicedeleted text begin ,deleted text end new text begin provided new text end than the rates and
charges deleted text begin named in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissionerdeleted text end new text begin specified in the tariffnew text end under section 221.161deleted text begin ; nor shalldeleted text end new text begin .new text end
A household goods deleted text begin carrierdeleted text end new 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 begin carrierdeleted text end new text begin movernew text end
under the deleted text begin carrier'sdeleted text end new text begin mover'snew text end schedules deleted text begin or under the rates, if any, fixed by the commissionerdeleted text end .
Minnesota Statutes 2016, section 222.46, is amended to read:
The legislature finds and determines that integrated transportation systems, including
railways, highways and airways, are necessary in order to meet the economic and energy
needs of the citizens of the state, both now and in the future. The legislature finds that a
portion of the present railroad system in the state does not provide adequate service to
citizens of the state. The legislature further finds and determines that it is in the best interest
of the state to establish and fund anew text begin freightnew text end rail deleted text begin service improvementdeleted text end new text begin economic developmentnew text end
program and to establish a railroad planning process in order to preserve and improve
essential rail service in the state.
new text begin
This section is effective June 30, 2018.
new text end
Minnesota Statutes 2016, section 222.50, subdivision 3, is amended to read:
The commissioner deleted text begin shall havedeleted text end new text begin hasnew text end the power
to:
(1) deleted text begin set priorities for the allocation and expenditure of money or in kind contributions
authorized under the rail service improvement program and develop criteria for eligibility
and approval of projects under the program. The criteria shall include the anticipated
economic and social benefits to the state and to the area being served and the economic
viability of the project;
deleted text end
deleted text begin (2)deleted text end negotiate and enter into contracts for rail line rehabilitation or other rail service
improvement;
deleted text begin (3)deleted text end new text begin (2)new text end disburse state and federal money for rail service improvements; and
deleted text begin (4)deleted text end new text begin (3)new text end adopt rules necessary to carry out the purposes of sections 222.46 to 222.54.
new text begin
This section is effective June 30, 2018.
new text end
Minnesota Statutes 2016, section 222.50, subdivision 4, is amended to read:
The commissioner may negotiate and enter into contracts for the
purpose of rail service improvement and may incorporate funds available from the federal
government. The participants in these contracts shall be railroads, rail users, and the
department, and may be political subdivisions of the state and the federal government. In
such contracts, participation by all parties shall be voluntary. The commissioner may provide
a portion of the money required to carry out the terms of any such contract by expenditure
from thenew text begin freightnew text end rail deleted text begin service improvementdeleted text end account.
new text begin
This section is effective June 30, 2018.
new text end
new text begin
(a) For purposes of this section, "program" means the freight
rail economic development program established in this section.
new text end
new text begin
(a) The commissioner, in consultation with the
commissioner of employment and economic development, must establish a freight rail
economic development program as provided under this section.
new text end
new text begin
(b) By January 1, 2019, the commissioners must implement the program and begin
accepting applications.
new text end
new text begin
(a) A freight rail account is established
in the special revenue fund. The account consists of funds provided under paragraphs (b)
and (c), section 222.63, subdivision 8, and any other money donated, allotted, transferred,
or otherwise provided to the account. The account must not include any bond proceeds
authorized by the Minnesota Constitution, article XI, section 5, clause (i). Funds in the
account are annually appropriated to the commissioner for the program under this section.
new text end
new text begin
(b) All funds provided to the commissioner from agreements or loans under section
222.50 must be deposited in the freight rail account in the special revenue fund.
new text end
new text begin
(c) All funds made available to the commissioner from the disposition of railroad
right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 must
be deposited in the freight rail account in the special revenue fund.
new text end
new text begin
(d) A freight rail account is established in the bond proceeds fund. The account consists
of state bond proceeds appropriated to the commissioner for the program under this section.
Money in the account may be expended only for bond-eligible purposes.
new text end
new text begin
(a) The commissioner, in consultation with the
commissioner of employment and economic development, must establish a project selection
process for financial assistance under the program. The process must include public notice
of available funds, procedures to submit applications, public access to information on project
evaluation and selection, and financial assistance awards. The process must minimize
applicant burdens and the length of time for application evaluation.
new text end
new text begin
(b) The commissioner must maintain on an ongoing basis a project requests list that
identifies all eligible projects that have been evaluated for grant awards under the program.
new text end
new text begin
(c) An applicant must apply for financial assistance in the manner and at the times
determined by the commissioners.
new text end
new text begin
(d) The commissioner must make reasonable efforts to (1) publicize each solicitation
for applications among all eligible recipients, and (2) provide technical and informational
assistance related to applications.
new text end
new text begin
In developing the program and on an ongoing basis, the
commissioner must consult with eligible recipients of financial assistance under subdivision
8 and with counties and statutory and home rule charter cities in which industrial parks are
located or proposed to be located. At a minimum, consultation must address:
new text end
new text begin
(1) the project selection process, including project eligibility requirements, evaluation
criteria and prioritization, and any significant policies in the program;
new text end
new text begin
(2) flexibility of evaluation criteria to address unique situations;
new text end
new text begin
(3) timeliness of project evaluation and award of financial assistance;
new text end
new text begin
(4) adequacy of the program funding level; and
new text end
new text begin
(5) legislative proposals for program funding.
new text end
new text begin
The commissioner may provide
financial assistance under the program through grants or through loans in the manner provided
under section 222.50, subdivisions 4 and 5.
new text end
new text begin
(a) When calculated in conjunction with
any other state funding sources, a grant award under the program must not provide combined
state funding that exceeds 85 percent of the total project cost estimate.
new text end
new text begin
(b) The commissioner must ensure that financial assistance is provided in a manner that
is balanced throughout the state, including with respect to (1) the number of projects receiving
funding in a particular geographic location or region of the state, and (2) the total amount
of financial assistance provided for projects in a particular geographic location or region of
the state.
new text end
new text begin
(a) Eligible recipients of financial assistance under
the program are:
new text end
new text begin
(1) railroad companies that are classified by federal law or regulation as Class II railroads,
Class II rail carriers, Class III railroads, or Class III rail carriers;
new text end
new text begin
(2) rail users; and
new text end
new text begin
(3) political subdivisions.
new text end
new text begin
(b) An eligible recipient may receive funds regardless of rail facility ownership.
new text end
new text begin
(a) The commissioner, in consultation with the commissioner
of employment and economic development, must establish project eligibility criteria under
the program. At a minimum, an eligible project must:
new text end
new text begin
(1) improve safety, efficiency, service, or capacity of railroad freight movement;
new text end
new text begin
(2) provide for rail line capital maintenance, preservation, rehabilitation, or improvements;
new text end
new text begin
(3) improve rail service for a rail user or rail carrier; or
new text end
new text begin
(4) promote the development of industrial parks primarily or substantially served by rail
service.
new text end
new text begin
(b) A project must be consistent with transportation plans adopted by the commissioner,
including the statewide freight and passenger rail plan under section 174.03, subdivision
1b.
new text end
new text begin
The commissioner, in consultation
with the commissioner of employment and economic development, must establish project
evaluation criteria for grant awards under the program. At a minimum, the criteria must
objectively prioritize projects based on:
new text end
new text begin
(1) economic and employment impacts, including but not limited to responsiveness to
emergent market conditions;
new text end
new text begin
(2) addressing rail lines that have deteriorated or are in danger of deteriorating to such
a degree that the rail line is unable to carry the speeds and weights necessary to efficiently
transport goods and products; and
new text end
new text begin
(3) percentage commitment of funding or in-kind assistance for the project from nonpublic
sources.
new text end
new text begin
The commissioner may provide financial assistance and expend
funds under the program for:
new text end
new text begin
(1) capital improvement projects designed to improve a rail user or a rail carrier's rail
service which includes but is not limited to rail track, track structures, and rail facilities and
buildings;
new text end
new text begin
(2) rehabilitation projects designed to improve a rail user or a rail carrier's rail service;
new text end
new text begin
(3) rail-related development of industrial parks primarily or substantially served by rail
service, which:
new text end
new text begin
(i) includes capital improvements to or rehabilitation of main industrial lead track; and
new text end
new text begin
(ii) excludes siding track designed to serve areas of an industrial park for which occupants
are unidentified or uncommitted;
new text end
new text begin
(4) highway-rail grade crossing improvement or grade separation projects, including
but not limited to the local matching portion for federal grants;
new text end
new text begin
(5) capital improvement projects designed to improve capacity or safety at rail yards;
new text end
new text begin
(6) acquisition, maintenance, management, and disposition of railroad right-of-way
under the state rail bank program in section 222.63;
new text end
new text begin
(7) acquisition of a rail line by a regional railroad authority established under chapter
398A;
new text end
new text begin
(8) rail planning studies;
new text end
new text begin
(9) costs related to contractual agreements under section 222.52; and
new text end
new text begin
(10) financial assistance under this section.
new text end
new text begin
(a) The commissioner is
prohibited from establishing specifications or engineering standards that are more restrictive
than federal track safety standards under Code of Federal Regulations, title 49, part 213, or
successor requirements, for track and track structures awarded financial assistance under
the program.
new text end
new text begin
(b) Sections 16B.30 to 16B.355 do not apply to rail facilities and buildings awarded
financial assistance under the program.
new text end
new text begin
Any political subdivision may, with the approval of
the commissioner, appropriate money for freight rail or rail service improvement and may
participate in the freight rail economic development program and federal rail programs.
new text end
new text begin
This section is effective June 30, 2018.
new text end
Minnesota Statutes 2016, section 222.52, is amended to read:
The commissioner may cooperate with other states in connection with thenew text begin freightnew text end rail
deleted text begin service improvementdeleted text end new text begin economic developmentnew text end programnew text begin under section 222.505new text end and the railroad
planning process. In exercising the authority conferred by this section, the commissioner
may enter into contractual agreements with other statesnew text begin , including multistate coalitionsnew text end .
new text begin
This section is effective June 30, 2018.
new text end
Minnesota Statutes 2016, section 222.57, is amended to read:
There is created a rail user and rail carrier loan guarantee account as a separate account
in the rail service improvement account, which shall be used by the commissioner for
carrying out the provisions of sections 222.55 to 222.62 with respect to loans insured under
section 222.58. The commissioner may transfer to the rail user and rail carrier loan guarantee
account from money otherwise available in thenew text begin freightnew text end rail deleted text begin service improvementdeleted text end account
whatever amount is necessary to implement the rail user and rail carrier loan guarantee
program, except that bond proceeds may not be transferred to the account for insurance of
loans made for the purposes specified in section 222.58, subdivision 2, paragraph (b), clauses
(3) to (5). The commissioner may withdraw any amount from the rail user and rail carrier
loan guarantee account that is not required to insure outstanding loans as provided in section
222.60, subdivision 1.
new text begin
This section is effective June 30, 2018.
new text end
Minnesota Statutes 2016, section 222.63, subdivision 8, is amended to read:
new text begin (a) new text end A deleted text begin special account shall be maintained
in the state treasury, designated as thedeleted text end rail bank maintenance accountdeleted text begin ,deleted text end new text begin is established in the
special revenue fundnew text end to record the receipts and expenditures of the commissioner of
transportation for the maintenance of rail bank property. Funds received by the commissioner
of transportation from interest earnings, administrative payments, rentals, fees, or charges
for the use of rail bank property, or received from rail line rehabilitation contracts deleted text begin shall bedeleted text end new text begin
arenew text end credited to thenew text begin rail banknew text end maintenance account and new text begin must benew text end used deleted text begin for the maintenance of
thatdeleted text end new text begin to maintain thenew text end property and held as a reserve for maintenance expenses in an amount
determined by the commissionerdeleted text begin , anddeleted text end new text begin .new text end Amounts received in thenew text begin rail banknew text end maintenance
account in excess of the reserve requirements deleted text begin shalldeleted text end new text begin mustnew text end be transferred to thenew text begin freightnew text end rail
deleted text begin service improvementdeleted text end accountnew text begin under section 222.505, subdivision 3new text end .
new text begin (b) new text end All proceeds of the sale of abandoned rail lines deleted text begin shalldeleted text end new text begin mustnew text end be deposited in thenew text begin freightnew text end
rail deleted text begin service improvementdeleted text end account.
new text begin (c)new text end All money deleted text begin to bedeleted text end deposited in deleted text begin thisdeleted text end new text begin thenew text end rail deleted text begin service improvementdeleted text end new text begin bank maintenancenew text end
account as provided in this subdivision is appropriated to the commissioner of transportation
for the purposes of this section. The appropriations deleted text begin shalldeleted text end new text begin donew text end not lapse deleted text begin but shall bedeleted text end new text begin and arenew text end
available until the purposes for which the funds are appropriated are accomplished.
new text begin
This section is effective June 30, 2018.
new text end
Minnesota Statutes 2016, section 297A.993, is amended by adding a subdivision
to read:
new text begin
(a) Annually by March 1, a county that imposes a tax under this
section and previously imposed a local sales tax as part of a joint powers agreement under
section 297A.992 must submit a report on the use of funds to the members and staff of the
legislative committees with jurisdiction over transportation policy and finance.
new text end
new text begin
(b) At a minimum, the report must identify:
new text end
new text begin
(1) the amount of revenue under this section in each of the previous three years;
new text end
new text begin
(2) a breakdown of expenditures for each of the previous three years, including but not
limited to a summary list of funded projects or operations;
new text end
new text begin
(3) the balance in available funds as of the end of previous year; and
new text end
new text begin
(4) any projects funded under this section and completed in the previous year.
new text end
new text begin
A driver and vehicle services fund is established within the state treasury. The fund
consists of accounts and money as specified by law, and any other money otherwise donated,
allotted, appropriated, or legislated to the fund.
new text end
Minnesota Statutes 2016, section 299A.705, is amended to read:
(a) The vehicle services operating
account is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end fund, consisting of all
money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any
other money otherwise donated, allotted, appropriated, or legislated to deleted text begin thisdeleted text end new text begin thenew text end account.
(b) Funds appropriated deleted text begin are availabledeleted text end new text begin from this account must be used by the commissioner
of public safetynew text end to administer new text begin the new text end vehicle services deleted text begin asdeleted text end specified in chapters 168, 168A, and
168D, and section 169.345, including:
(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems,
and titles;
(2) collecting title and registration taxes and fees;
(3) transferring vehicle registration plates and titles;
(4) maintaining vehicle records;
(5) issuing disability certificates and plates;
(6) licensing vehicle dealers;
(7) appointing, monitoring, and auditing deputy registrars; and
(8) inspecting vehicles when required by law.
(a) The driver services operating account
is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end fund, consisting of all money
collected under chapter 171 and any other money otherwise donated, allotted, appropriated,
or legislated to the account.
(b) deleted text begin Money in thedeleted text end new text begin Funds appropriated from thisnew text end account must be used by the commissioner
of public safety to administer the driver services specified in chapters 169A and 171,
including the activities associated with producing and mailing drivers' licenses and
identification cards and notices relating to issuance, renewal, or withdrawal of driving and
identification card privileges for any fiscal year or years and for the testing and examination
of drivers.
(a) The driver and vehicle
services technology account is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end
fund, consisting of the technology surcharge collected as specified in deleted text begin chapters 168, 168A,
and 171; the filing fee revenue collected under section 168.33, subdivision 7;deleted text end new text begin section 168.33new text end
and any other money otherwise donated, allotted, appropriated, or legislated to this account.
(b) Money in the account is annually appropriated to the commissioner of public safety
to support the research, development, deployment, and maintenance of a driver and vehicle
services information system.
(c) Following completion of the deposit of filing fee revenue into the driver and vehicle
services technology account as provided under section 168.33, subdivision 7, the
commissioner shall submit a notification to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance concerning
driver and vehicle services information system implementation, which must include
information on (1) total revenue deposited in the driver and vehicle services technology
account, with a breakdown by sources of funds; (2) total project costs incurred, with a
breakdown by key project components; and (3) an estimate of ongoing system maintenance
costs.
The commissioner is prohibited from expending
money from driver and vehicle services accounts created in the deleted text begin special revenuedeleted text end new text begin driver and
vehicle servicesnew text end fund for any purpose that is not specifically authorized in this section or in
the chapters specified in this section.
Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision
to read:
new text begin
"Comprehensive plan" has the meaning given in
section 394.22, subdivision 9, or 462.352, subdivision 5.
new text end
Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:
(a) There is hereby created a
fund to be known as the state airports fund. The fund shall consist of all money appropriated
to it, or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on authorization of the commissioner and
shall be used:
(1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;
(2) to assist municipalities in the new text begin planning, new text end acquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;
(3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;
(4) to promote interest and safety in aeronautics through education and information; and
(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of management
and budget.
deleted text begin
(c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports
fund.
deleted text end
Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:
The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations,
to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property,
real or personal, for the purpose of establishing and constructing restricted landing areas
and other air navigation facilities and to acquire in like manner, own, control, establish,
construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted
landing areas and other air navigation facilities, either within or without this state; and to
make, prior to any such acquisition, investigations, surveys, and plans. The commissioner
may maintain, equip, operate, regulate, and police airports, either within or without this
state. new text begin The operation and maintenance of airports is an essential public service. new text end The
commissioner may maintain at such airports facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers. The commissioner may dispose of any
such property, airport, restricted landing area, or any other air navigation facility, by sale,
lease, or otherwise, in accordance with the laws of this state governing the disposition of
other like property of the state. The commissioner may not acquire or take over any restricted
landing area, or other air navigation facility without the consent of the owner. The
commissioner shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner may erect, equip, operate, and maintain on any
airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money
for land acquisition, or for the construction, improvement, or maintenance of airports, or
for air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. The commissioner may withhold funding from only the airport subject
to the proposed zoning ordinance. new text end Notwithstanding the foregoing prohibition, the
commissioner may continue to maintain the state-owned airport at Pine Creek.
Minnesota Statutes 2016, section 360.062, is amended to read:
(a) It is hereby found that an airport hazard endangers the lives and property of users of
the airport and of occupants of land in its vicinity, and may reduce the size of the area
available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility
of the airport and the public investment therein. It is also found that the social and financial
costs of disrupting existing land uses around airports deleted text begin in built up urban areas, particularly
established residential neighborhoods,deleted text end often outweigh the benefits of a reduction in airport
hazards that might result from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) deleted text begin thatdeleted text end the creation or establishment of an airport
hazard is a public nuisance and an injury to the community served by the airport in question;
(2) deleted text begin thatdeleted text end it is deleted text begin therefordeleted text end necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police power, without
compensation; and (3) deleted text begin thatdeleted text end the elimination or removal of existing land usesdeleted text begin , particularly
established residential neighborhoods in built-up urban areas,deleted text end or their designation as
nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation, or marking and lighting of
existing airport hazards are new text begin essential new text end public deleted text begin purposesdeleted text end new text begin servicesnew text end for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.
Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:
(a) In order to prevent the creation
or establishment of airport hazards, every municipality having an airport hazard area within
its territorial limits may, unless a joint airport zoning board is permitted under subdivision
3, adopt, amend from time to time, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning regulations for
such airport hazard area, which regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.
(b) deleted text begin For the purpose of promotingdeleted text end new text begin In order to promotenew text end health, safety, order, convenience,
prosperity, general welfare and deleted text begin for conservingdeleted text end new text begin to conservenew text end property values and deleted text begin encouragingdeleted text end new text begin
encouragenew text end the most appropriate use of land, the municipality may regulate deleted text begin the location, size
and use of buildings and the density of population in that portion of an airport hazard area
under approach zones for a distance not to exceed two miles from the airport boundary and
in other portions of andeleted text end new text begin innew text end airport hazard deleted text begin area may regulate by land use zoning for a distance
not to exceed one mile from the airport boundary, and by height-restriction zoning for a
distance not to exceed 1-1/2 miles from the airport boundarydeleted text end new text begin areas: (1) land use; (2) height
restrictions; (3) the location, size, and use of buildings; and (4) the density of populationnew text end .
(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers shall
be exercised by the state airport zoning boards or by the commissioner of transportation as
authorized herein.
Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:
(a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the
territorial limits of another county or municipality, the municipality owning or controlling
the airport may request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning regulations for the area in question deleted text begin that conform
to standards prescribed by the commissioner pursuant to subdivision 4deleted text end new text begin under sections
360.0655 and 360.0656new text end ; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except
as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall
be made by certified mail to the governing body of each county and municipality in which
an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or
municipality, the municipality owning or controlling the airport and the county or other
municipality within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board shall have the same power
to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard
area in question as that vested by subdivision 1 in the municipality within which the area
is located. A joint board shall have as members two representatives appointed by the
municipality owning or controlling the airport and two from the county or municipality, or
in case more than one county or municipality is involved two from each county or
municipality, in which the airport hazard is located, and in addition a chair elected by a
majority of the members so appointed. All members shall serve at the pleasure of their
respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four
members to the board, and the chair of the board shall be elected from the membership of
the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to
enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board, may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county or
municipality within which the airport hazard area is located, section 360.064, subdivision
2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating the
board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall
not itself adopt zoning regulations nor shall a joint airport zoning board created at its request
adopt zoning regulations unless all municipalities that created the joint operating board join
to create the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter
473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.
Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:
In the event that a municipality has adopted,
or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the
height of buildings, any airport zoning regulations applicable to the same area or portion
thereof deleted text begin maydeleted text end new text begin mustnew text end be new text begin incorporated by reference ornew text end incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection therewith.
Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:
new text begin (a) new text end No airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076,
except by action of the governing body of the municipality deleted text begin ordeleted text end new text begin ,new text end county deleted text begin in questiondeleted text end , new text begin or joint
airport zoning board under section 360.0655 or 360.0656, new text end or the boards provided for in
section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions
6 and 8deleted text begin , after public hearings, at which parties in interest and citizens shall have an
opportunity to be hearddeleted text end .
new text begin (b)new text end A public hearing deleted text begin shalldeleted text end new text begin mustnew text end be held on the deleted text begin proposeddeleted text end new text begin airport zoningnew text end regulations
new text begin proposed by a municipality, county, or joint airport zoning board new text end before they are submitted
deleted text begin for approvaldeleted text end to the commissioner deleted text begin and after that approval but before final adoption by the
local zoning authoritydeleted text end new text begin for approvalnew text end .new text begin If any changes that alter the regulations placed on a
parcel of land are made to the proposed airport zoning regulations after the initial public
hearing, the municipality, county, or joint airport zoning board must hold a second public
hearing before final adoption of the regulation. The commissioner may require a second
hearing as determined necessary.
new text end
new text begin (c)new text end Notice of a hearing deleted text begin required pursuant to this subdivision shalldeleted text end new text begin mustnew text end be published by
the deleted text begin local zoning authoritydeleted text end new text begin municipality, county, or joint airport zoning boardnew text end at least three
times during the period between 15 days and five days before the hearing in an official
newspaper and in a second newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulationsdeleted text begin .deleted text end new text begin and posted on the municipality's,
county's, or joint airport zoning board's Web site. If there is not a second newspaper of wide
general circulation in the area that the municipality, county, or joint airport zoning board
can designate for the notice, the municipality, county, or joint airport zoning board is only
required to publish the notice once in the official newspaper of the jurisdiction.new text end The notice
shall not be published in the legal notice section of a newspaper.new text begin The notice must specify
the time, location, and purpose of the hearing, and must identify any additional location and
time the proposed regulations will be available for public inspection. A copy of the published
notice must be added to the record of the proceedings.
new text end
new text begin (d)new text end Notice of a hearing deleted text begin shall also be mailed to the governing body of each political
subdivision in which property affected by the regulations is located. Notice shalldeleted text end new text begin mustnew text end be
given by mail at least deleted text begin 15deleted text end new text begin tennew text end days before each hearing to deleted text begin anydeleted text end persons deleted text begin in municipalities that
own land proposed to be included in safety zone A or B as provided in the rules of the
Department of Transportationdeleted text end and new text begin landowners where the location or size of a building, or
the density of population, will be regulated. Mailed notice must also be provided at least
ten days before each hearing new text end to persons or municipalities that have previously requested
such notice from the deleted text begin authority.deleted text end new text begin municipality, county, or joint airport zoning board. The
notice must specify the time, location, and purpose of the hearing, and must identify any
additional location and time the proposed regulations will be made available for public
inspection. Mailed notice must also identify the property affected by the regulations. new text end For
the purpose of deleted text begin givingdeleted text end new text begin providingnew text end mailed notice, the deleted text begin authoritydeleted text end new text begin municipality, county, or joint
airport zoning boardnew text end may use any appropriate records to determine the names and addresses
of owners. A copy of the notice and a list of the owners and addresses to which the notice
was sent deleted text begin shall be attested to by the responsible person and shalldeleted text end new text begin mustnew text end be deleted text begin made a part ofdeleted text end new text begin
added tonew text end the records of the proceedings. deleted text begin Thedeleted text end Failure to deleted text begin givedeleted text end new text begin providenew text end mailed notice to
individual property ownersdeleted text begin ,deleted text end or deleted text begin defectsdeleted text end new text begin a defectnew text end in the noticedeleted text begin , shalldeleted text end new text begin doesnew text end not invalidate the
proceedingsdeleted text begin ; provideddeleted text end new text begin ifnew text end a bona fide attempt to comply with this subdivision deleted text begin has beendeleted text end new text begin wasnew text end
made. deleted text begin A notice shall describe the property affected by the proposed regulations and the
restrictions to be imposed on the property by the regulations and shall state the place and
time at which the proposed regulations are available for public inspection.
deleted text end
new text begin
(a) Except as provided in section
360.0656, prior to adopting zoning regulations the municipality, county, or joint airport
zoning board must submit the proposed regulations to the commissioner for the commissioner
to determine whether the regulations conform to the standards prescribed by the
commissioner. The municipality, county, or joint airport zoning board may elect to complete
custom airport zoning under section 360.0656 instead of using the commissioner's standard,
but only after providing written notice to the commissioner.
new text end
new text begin
(b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period. If the commissioner requests additional information, the 90-day review period
is tolled until the commissioner receives information and deems the information satisfactory.
new text end
new text begin
(c) If the commissioner objects on the grounds that the regulations do not conform to
the standards prescribed by the commissioner, the municipality, county, or joint airport
zoning board must make amendments necessary to resolve the objections or provide written
notice to the commissioner that the municipality, county, or joint airport zoning board has
elected to proceed with zoning under section 360.0656.
new text end
new text begin
(d) If the municipality, county, or joint airport zoning board makes revisions to the
proposed regulations after its initial public hearing, the municipality, county, or joint airport
zoning board must conduct a second public hearing on the revisions and resubmit the revised
proposed regulations to the commissioner for review. The commissioner must examine the
revised proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
new text end
new text begin
(e) If, after a second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that conform to
the commissioner's standards, the commissioner must provide a final written decision to
the municipality, county, or joint airport zoning board.
new text end
new text begin
(f) The municipality, county, or joint airport zoning board must not adopt regulations
or take other action until the proposed regulations are approved by the commissioner.
new text end
new text begin
(g) The commissioner may approve local zoning ordinances that are more stringent than
the commissioner's standards.
new text end
new text begin
(h) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin
(i) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin
(j) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
new text begin
(a) In order to ensure minimum disruption
of existing land uses, the commissioner's airport zoning standards and local airport zoning
ordinances or regulations adopted under this section must distinguish between the creation
or establishment of a use and the elimination of an existing use, and must avoid the
elimination, removal, or reclassification of existing uses to the extent consistent with
reasonable safety standards. The commissioner's standards must include criteria for
determining when an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to that land use.
new text end
new text begin
(b) Airport zoning regulations that classify as a nonconforming use or require
nonconforming use classification with respect to any existing low-density structure or
existing isolated low-density building lots must be adopted under sections 360.061 to
360.074.
new text end
new text begin
(c) A local airport zoning authority may classify a land use described in paragraph (b)
as an airport hazard if the authority finds that the classification is justified by public safety
considerations and is consistent with the commissioner's airport zoning standards. Any land
use described in paragraph (b) that is classified as an airport hazard must be acquired, altered,
or removed at public expense.
new text end
new text begin
(d) This subdivision must not be construed to affect the classification of any land use
under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
new text end
new text begin
(a) Notwithstanding section
360.0655, a municipality, county, or joint airport zoning board must provide notice to the
commissioner when the municipality, county, or joint airport zoning board intends to establish
and adopt custom airport zoning regulations under this section.
new text end
new text begin
(b) Airport zoning regulations submitted to the commissioner under this subdivision are
not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota
Rules, part 8800.2400.
new text end
new text begin
(c) When developing and adopting custom airport zoning regulations under this section,
the municipality, county, or joint airport zoning board must include in the record a detailed
analysis that explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
new text end
new text begin
(1) the location of the airport, the surrounding land uses, and the character of
neighborhoods in the vicinity of the airport, including:
new text end
new text begin
(i) the location of vulnerable populations, including schools, hospitals, and nursing
homes, in the airport hazard area;
new text end
new text begin
(ii) the location of land uses that attract large assemblies of people in the airport hazard
area;
new text end
new text begin
(iii) the availability of contiguous open spaces in the airport hazard area;
new text end
new text begin
(iv) the location of wildlife attractants in the airport hazard area;
new text end
new text begin
(v) airport ownership or control of the federal Runway Protection Zone and the
department's Clear Zone;
new text end
new text begin
(vi) land uses that create or cause interference with the operation of radio or electronic
facilities used by the airport or aircraft;
new text end
new text begin
(vii) land uses that make it difficult for pilots to distinguish between airport lights and
other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
new text end
new text begin
(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the
aircraft;
new text end
new text begin
(ix) airspace protection to prevent the creation of air navigation hazards in the airport
hazard area; and
new text end
new text begin
(x) the social and economic costs of restricting land uses;
new text end
new text begin
(2) the airport's type of operations and how the operations affect safety surrounding the
airport;
new text end
new text begin
(3) the accident rate at the airport compared to a statistically significant sample, including
an analysis of accident distribution based on the rate with a higher accident incidence;
new text end
new text begin
(4) the planned land uses within an airport hazard area, including any applicable platting,
zoning, comprehensive plan, or transportation plan; and
new text end
new text begin
(5) any other information relevant to safety or the airport.
new text end
new text begin
(a) Except as provided in section
360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit its proposed regulations and the supporting record to the
commissioner for review. The commissioner must determine whether the proposed custom
airport zoning regulations and supporting record (1) evaluate the criteria under subdivision
1, and (2) provide a reasonable level of safety.
new text end
new text begin
(b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period.
new text end
new text begin
(c) If the commissioner objects on the grounds that the regulations do not provide a
reasonable level of safety, the municipality, county, or joint airport zoning board must
review, consider, and provide a detailed explanation demonstrating how it evaluated the
objections and what action it took or did not take in response to the objections. If the
municipality, county, or joint airport zoning board submits amended regulations after its
initial public hearing, the municipality, county, or joint airport zoning board must conduct
a second public hearing on the revisions and resubmit the revised proposed regulations to
the commissioner for review. The commissioner must examine the revised proposed
regulations within 90 days of receipt of the regulations. If the commissioner requests
additional information, the 90-day review period is tolled until satisfactory information is
received by the commissioner. Failure to respond within 90 days is deemed an approval.
new text end
new text begin
(d) If, after the second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that provide a
reasonable safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
new text end
new text begin
(e) A municipality, county, or joint airport zoning board is prohibited from adopting
custom regulations or taking other action until the proposed regulations are approved by
the commissioner.
new text end
new text begin
(f) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin
(g) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin
(h) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:
deleted text begin Standards of the commissionerdeleted text end new text begin Zoning standardsnew text end defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076deleted text begin , shalldeleted text end new text begin mustnew text end be reasonabledeleted text begin ,deleted text end and none shall impose
a requirement or restriction deleted text begin whichdeleted text end new text begin thatnew text end is not reasonably necessary to effectuate the purposes
of sections 360.011 to 360.076. deleted text begin In determining what minimum airport zoning regulations
may be adopted, the commissioner and a local airport zoning authority shall consider, among
other things, the character of the flying operations expected to be conducted at the airport,
the location of the airport, the nature of the terrain within the airport hazard area, the existing
land uses and character of the neighborhood around the airport, the uses to which the property
to be zoned are planned and adaptable, and the social and economic costs of restricting land
uses versus the benefits derived from a strict application of the standards of the commissioner.
deleted text end
Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision
to read:
new text begin
(a) Notwithstanding subdivisions 1 and 2,
a municipality, county, or joint airport zoning board may include in its custom airport zoning
regulations adopted under section 360.0656 an option to permit construction of a structure,
an increase or alteration of the height of a structure, or the growth of an existing tree without
a variance from height restrictions if the Federal Aviation Administration has analyzed the
proposed construction, alteration, or growth under Code of Federal Regulations, title 14,
part 77, and has determined the proposed construction, alteration, or growth does not:
new text end
new text begin
(1) pose a hazard to air navigation;
new text end
new text begin
(2) require changes to airport or aircraft operations; or
new text end
new text begin
(3) require any mitigation conditions by the Federal Aviation Administration that cannot
be satisfied by the landowner.
new text end
new text begin
(b) A municipality, county, or joint airport zoning board that permits an exception to
height restrictions under this subdivision must require the applicant to file the Federal
Aviation Administration's no hazard determination with the applicable zoning administrator.
The applicant must obtain written approval of the zoning administrator before construction,
alteration, or growth may occur. Failure of the administrator to respond within 60 days to
a filing under this subdivision is deemed a denial. The Federal Aviation Administration's
no hazard determination does not apply to requests for variation from land use, density, or
any other requirement unrelated to the height of structures or the growth of trees.
new text end
Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:
new text begin (a) new text end Where a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the authority
adopting the regulations and to be removable by the appointing authority for cause, upon
written charges and after public hearing. new text begin The length of initial appointments may be staggered.
new text end
new text begin (b) new text end In the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission new text begin chair new text end from the area in and for which the commission was created, any
of whom may be members of the commission. In the case of an airport owned or operated
by the state of Minnesota, the board of commissioners of the county, or counties, in which
the airport hazard area is located shall constitute the airport board of adjustment and shall
exercise the powers and duties of such board as provided herein.
Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end not expend money for new text begin planning
or new text end land acquisition, deleted text begin ordeleted text end for the construction, improvement, or maintenance of airports, or for
air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make maximum use of zoning and easements
to eliminate runway and other potential airport hazards rather than land acquisition in fee.
Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision to
read:
new text begin
"Airport safety zone" means an area subject to land use
zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate
(1) the size or location of buildings, or (2) the density of population.
new text end
Minnesota Statutes 2016, section 394.23, is amended to read:
The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.
When adopting or updating the comprehensive plan, the board must, if the data is available
to the county, consider natural heritage data resulting from the county biological survey. In
a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision
10b, the board must consider adopting goals and objectives that will protect open space and
the environment.new text begin The board must consider the location and dimensions of airport safety
zones in any portion of the county, and of any airport improvements, identified in the airport's
most recent approved airport layout plan.
new text end
Minnesota Statutes 2016, section 394.231, is amended to read:
A county adopting or updating a comprehensive plan in a county outside the metropolitan
area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent
area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and
objectives for the preservation of agricultural, forest, wildlife, and open space land, and
minimizing development in sensitive shoreland areas. Within three years of updating the
comprehensive plan, the county shall consider adopting ordinances as part of the county's
official controls that encourage the implementation of the goals and objectives. The county
shall consider the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin
(4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a county may identify.
Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:
Within each such district zoning ordinances or maps
may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of operation
and other aesthetic performance characteristics including but not limited to noise, heat,
glare, vibrations and smoke; the area required to provide for off street loading and parking
facilities; heights of trees and structures near airports; and to avoid too great concentration
or scattering of the population. All such provisions shall be uniform for each class of land
or building throughout each district, but the provisions in one district may differ from those
in other districts. No provision may prohibit earth sheltered construction as defined in section
216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.new text begin
Airport safety zones must be included on maps that illustrate boundaries of zoning districts
and that are adopted as official controls.
new text end
new text begin
This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision
to read:
new text begin
"Airport safety zone" has the meaning given in section
394.22, subdivision 1a.
new text end
Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:
The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the comprehensive
municipal plan. In its planning activities the planning agency shall take due cognizance of
the planning activities of adjacent units of government and other affected public agencies.
The planning agency shall periodically review the plan and recommend amendments
whenever necessary. When preparing or recommending amendments to the comprehensive
plan, the planning agency of a municipality located within a county that is not a greater than
80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting
goals and objectives that will protect open space and the environment.new text begin When preparing or
recommending amendments to the comprehensive plan, the planning agency must consider
(1) the location and dimensions of airport safety zones in any portion of the municipality,
and (2) any airport improvements identified in the airport's most recent approved airport
layout plan.
new text end
Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision
to read:
new text begin
Airport safety zones must be included
on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
new text end
new text begin
This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:
In adopting official controls after July 1,
2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin
(4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a municipality may identify.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:
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
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
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:
new text begin
(a) In cooperation with
the Department of Management and Budget and as required by section 16A.103, in February
and November of each year the council must prepare 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
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
Minnesota Statutes 2016, section 473.386, subdivision 3, is amended to read:
In implementing the special transportation service, the council
shall:
(a) encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance from
a public agency;
(b) when feasible and cost-efficient, contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively provide service at a reasonable
cost;
(c) encourage individuals using special transportation to use the type of service most
appropriate to their particular needs;
(d) encourage shared rides to the greatest extent practicable;
(e) encourage public agencies that provide transportation to eligible individuals as a
component of human services and educational programs to coordinate with this service and
to allow reimbursement for transportation provided through the service at rates that reflect
the public cost of providing that transportation;
(f) establish criteria to be used in determining individual eligibility for special
transportation services;
(g) consult with the Transportation Accessibility Advisory Committee in a timely manner
before changes are made in the provision of special transportation services;
(h) provide for effective administration and enforcement of council policies and standards;
and
(i) ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the transit taxing district, as defined as of March 1,
2006, in section 473.446, subdivision 2new text begin , and any area added to the transit taxing district
under section 473.4461 that received capital improvements financed in part by the Minnesota
Urban Partnership Agreement (UPA) under the United States Department of Transportation
UPA programnew text end .
new text begin
This section is effective July 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Minnesota Statutes 2016, section 473.386, is amended by adding a subdivision
to read:
new text begin
(a) For purposes of administering this section, and only with
the consent of the data subject, the commissioner of human services and the Metropolitan
Council may share the following private data on individuals eligible for special transportation
services:
new text end
new text begin
(1) name;
new text end
new text begin
(2) date of birth;
new text end
new text begin
(3) residential address; and
new text end
new text begin
(4) program eligibility status with expiration date, to inform the other party of program
eligibility.
new text end
new text begin
(b) The commissioner of human services and the Metropolitan Council must provide
notice regarding data sharing to each individual applying for or renewing eligibility to use
special transportation services. The notice must seek consent to engage in data sharing under
paragraph (a), and must state how and for what purposes the individual's private data will
be shared between the commissioner of human services and the Metropolitan Council. A
consent to engage in data sharing is effective until the individual's eligibility expires, but
may be renewed if the individual applies to renew eligibility.
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. Within 60 days of this section's effective date, the commissioner
of human services and the Metropolitan Council must provide notice regarding data sharing
to each individual who is currently receiving special transportation services under Minnesota
Statutes, section 473.386. The notice must provide an opportunity to opt out of data sharing
under paragraph (a) of this section, and must state how and for what purposes the individual's
private data will be shared between the commissioner of human services and the Metropolitan
Council. An individual who is currently receiving special transportation services on this
section's effective date is presumed to have consented to data sharing under paragraph (a)
unless, within 60 days of the dissemination of the notice, the individual appropriately informs
the commissioner of human services or the Metropolitan Council that the individual opts
out of data sharing.
new text end
Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended
to read:
(a) After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs must
be paid by the state.
(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs
must be paid from nonstate sources for a segment of a light rail transit line or line extension
project that formally entered the engineering phase of the Federal Transit Administration's
"New Starts" capital investment grant program between August 1, 2016, and December 31,
2016.
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
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
Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:
State money deleted text begin maydeleted text end new text begin mustnew text end not be used deleted text begin to pay more than ten percent
ofdeleted text end new text begin fornew text end the deleted text begin totaldeleted text end capital cost of a light rail transit project.
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
Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:
(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public
transit buses that manufactures at least 100 public transit buses in a calendar year. For
purposes of this section, "public transit bus" means a motor vehicle designed to transport
people, with a design capacity for carrying more than 40 passengers, including the driver.
The term "public transit bus" does not include a school bus, as defined in section 169.011,
subdivision 71.
(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
do not apply to any projects of the Department of Transportation (1) costing less than the
amount in section 471.345, subdivision 3, deleted text begin ordeleted text end (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be used primarily
for maintenance or repairnew text begin , or (3) awarded under section 161.32, subdivision 2new text end .
(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal,
grading, or other similar routine road maintenance on town roads.
Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to read:
In coordination with the city, the commissioner of
transportation shall evaluate effectiveness of the pilot program under this section, which
must include analysis of traffic safety impacts, utility to motorists and tourists, costs and
expenditures, extent of community support, and pilot program termination or continuation.
By January 15, deleted text begin 2021deleted text end new text begin 2024new text end , the commissioner shall submit a report on the evaluation to the
deleted text begin chairs and ranking minoritydeleted text end membersnew text begin and staffnew text end of the legislative committees with jurisdiction
over transportation policy and finance.
Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to read:
The pilot program under this section expires January 1, deleted text begin 2022deleted text end new text begin 2025new text end .
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Red Lake County to transfer jurisdiction of
Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Chippewa County to transfer jurisdiction of
Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under
paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
new text begin
The commissioner of transportation must (1) convert to a grant the remaining balance
on Minnesota Department of Transportation Contract No. 1000714, originally executed as
of June 1, 2015, with Minnesota Commercial Railway Company; (2) cancel all future
payments under the contract; (3) release liens on the locomotives designated as MNNR 49
and MNNR 84; and (4) perform the appropriate filing. The commissioner is prohibited from
requiring or accepting additional payments under the contract as of the effective date of this
section. Notwithstanding the loan conversion and payment cancellation under this section,
all other terms and conditions under Contract No. 1000714 remain effective for the duration
of the period specified in the contract.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The Department of Transportation must contact Burlington Northern Santa Fe Railway
(BNSF) to negotiate an extension of the Northstar Corridor between Big Lake and St. Cloud.
Negotiations under this section are subject to the following conditions:
new text end
new text begin
(1) the Northstar Corridor will add at least one morning round trip departure between
the St. Cloud Amtrak Depot and Big Lake Station with continuing service to Target Station
each weekday, plus one evening round trip between Big Lake Station and St. Cloud Amtrak
Depot that must begin at Target Station, with the departure and arrival times set so that
approximately ten or more hours elapse between the morning departure and evening return
each day for both round trips. The Department of Transportation may also negotiate weekend
departures and arrivals between St. Cloud and Target Station;
new text end
new text begin
(2) the Department of Transportation may negotiate for fewer round trip departures from
Big Lake to Target Station each weekday, and fewer round trip departures on weekends;
new text end
new text begin
(3) BNSF must continue to crew and dispatch all trains and provide other track-related
services;
new text end
new text begin
(4) the St. Cloud Metropolitan Transit Commission (MTC) must be responsible for fare
collection in St. Cloud and must negotiate with Amtrak for using the Amtrak station. The
MTC must negotiate an agreement with the Metropolitan Council, which is subject to
approval by the city of St. Cloud, regarding the sharing of revenues and expenses related
to the Amtrak Depot, fare collection, and advertising. The MTC, city of St. Cloud, and
Stearns, Benton, and Sherburne Counties are prohibited from entering into agreements with
the Metropolitan Council on any subject other than the operation of the Northstar Corridor;
new text end
new text begin
(5) the Department of Transportation is prohibited from committing to spend any state
funds on capital expenditures;
new text end
new text begin
(6) the Department of Transportation is prohibited from committing to spend any more
state funds on operating costs than the total sum it and the Metropolitan Council have
budgeted for the Northstar Corridor; and
new text end
new text begin
(7) the Department of Transportation may negotiate with the federal government, counties
and cities, or the Northstar Corridor Development Authority to provide additional funding
for services necessary to extend the Northstar Corridor.
new text end
new text begin
(a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds
available to the Anoka County Regional Railroad Authority as of June 30, 2018, that are
used to pay operating and maintenance costs of Northstar Commuter Rail.
new text end
new text begin
(b) This section expires on January 1, 2021.
new text end
new text begin
The commissioner of transportation must erect signs that identify and direct motorists
to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy
for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in
each direction of travel must be placed on marked Interstate Highway 35, located as near
as practical to exits that reasonably access the campuses. The commissioner is prohibited
from removing signs for the campuses posted on marked Trunk Highway 60.
new text end
new text begin
The commissioner of public safety must apply to the Federal Motor Carrier Safety
Administration for a waiver from the federal regulation that requires a person to have a
passenger endorsement to drive a bus with no passengers for the sole purpose of delivering
the bus to the purchaser.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) 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
new text begin
(b) The revisor of statutes shall change the term "special revenue fund" to "driver and
vehicle services fund" wherever the term appears in Minnesota Statutes when referring to
the accounts under Minnesota Statutes, section 299A.705.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2016, section 168.013, subdivision 21,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
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
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2;
and 360.066, subdivisions 1a and 1b,
new text end
new text begin
are repealed.
new text end
new text begin
(d)
new text end
new text begin
Minnesota Statutes 2016, sections 222.47; 222.50, subdivisions 1 and 7; and 222.51,
new text end
new text begin
are repealed.
new text end
new text begin
(e)
new text end
new text begin
Minnesota Statutes 2017 Supplement, sections 222.49; and 222.50, subdivision 6,
new text end
new text begin
are repealed.
new text end
new text begin
(a) Sections 63 to 84 and section 107, paragraph (c), are effective August 1, 2018, and
apply to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date.
new text end
new text begin
(b) Sections 63 to 84 and section 107, paragraph (c), do not apply to airports that (1)
have airport safety zoning ordinances approved by this commissioner in effect on August
1, 2018; (2) have not made and are not planning to make changes to runway lengths or
configurations; and (3) are not required to update airport safety zoning ordinances.
new text end
Repealed Minnesota Statutes: H4160-1
For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.
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.
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.
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.
Sections 222.46 to 222.54 may be cited as the "Minnesota Rail Service Improvement Act."
The rail service improvement account is created in the special revenue fund in the state treasury. The account consists of funds as provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account, excluding bond proceeds as authorized by article XI, section 5, clause (i), of the Minnesota Constitution. All money so deposited is appropriated to the department for expenditure for rail service improvement in accordance with applicable state and federal law. This appropriation shall not lapse but shall be available until the purpose for which it was appropriated has been accomplished.
There is created the rail service improvement program to provide assistance for improvement of rail service in the state.
The commissioner may approve grants from the rail service improvement account for freight rail service improvements that support economic development.
(a) The commissioner may expend money from the rail service improvement account for the following purposes:
(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program;
(2) to pay a portion of the costs of capital improvement projects designed to improve rail service of a rail user or a rail carrier;
(3) to pay a portion of the costs of rehabilitation projects designed to improve rail service of a rail user or a rail carrier;
(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program;
(5) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track;
(6) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A;
(7) to pay the state matching portion of federal grants for rail-highway grade crossing improvement projects;
(8) for expenditures made before July 1, 2017, to pay the state matching portion of grants under the federal Transportation Investment Generating Economic Recovery (TIGER) program of the United States Department of Transportation;
(9) to fund rail planning studies; and
(10) to pay a portion of the costs of capital improvement projects designed to improve capacity or safety at rail yards.
(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account.
The governing body of any political subdivision of the state may, with the approval of the commissioner, appropriate money for rail service improvement and may participate in the state rail service improvement program and federal rail programs.
The commissioner may recommend an airport approach plan for each publicly owned airport in the state and for each privately owned airport of the publicly owned class and from time to time recommend revisions of the plan. A plan shall indicate the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. The commissioner shall prescribe airport approach and turning standards for airports of various classes, and airport zoning regulations adopted by a municipality, county, or joint airport zoning board shall conform to the standards, except as provided in sections 360.065 and 360.066.
Prior to adopting zoning regulations for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint airport zoning board which is to adopt the regulations shall submit its proposed regulations to the commissioner in order that the commissioner may determine whether it conforms to the standards prescribed by the commissioner. The commissioner shall immediately examine the proposed regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval, or objections, if any. If objections are made by the commissioner on the ground that the regulations do not conform to the standards prescribed by the commissioner for the class of airport involved, the municipality, county, or joint zoning board shall make amendments as are necessary to meet the objections unless it demonstrates that the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards. The governing body of the municipality or county or the joint airport zoning board shall not adopt the regulations or take other action until the proposed regulations are approved by the commissioner. The commissioner may approve local zoning ordinances that are more stringent than the standards. A copy of the regulations as adopted shall be filed with the county recorder in each county in which the zoned area is located.
Substantive rights existing prior to the passage of this subdivision and previously exercised are not affected by the filing of the regulations.
(a) In order to ensure the minimum disruption of existing land uses, particularly established residential neighborhoods in built-up urban areas, the airport zoning standards of the commissioner and the local airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between the creation or establishment of a use and the elimination of an existing use, and shall avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable standards of safety. The standards of the commissioner shall include criteria for determining when an existing land use may constitute an airport hazard so severe that considerations of public safety outweigh the public interest in preventing disruption to that land use.
(b) No airport zoning standards or local airport zoning ordinances or regulations shall be adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require such classification with respect to any low-density residential structure or isolated low-density residential building lots existing on January 1, 1978 in an established residential neighborhood.
(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if that authority finds that this classification is justified by considerations of public safety and is consistent with the airport zoning standards of the commissioner. Any land use described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or removed at public expense.
(d) The provisions of this subdivision shall not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted pursuant to sections 360.061 to 360.074.
Within nine months after March 29, 1978, the commissioner shall amend the standards defining airport hazard areas and categories of uses permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the commissioner adopts amended standards as required by this subdivision the unamended standards, insofar as they require classification of any residential property as a nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.