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HF 861

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/27/2017 03:52pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; modifying various provisions governing commercial
motor vehicles, highway-rail grade crossing signs, Department of Transportation
contract preference requirements, and transportation plan due dates; amending
Minnesota Statutes 2016, sections 161.321, subdivision 6; 169.865, subdivision
3; 171.12, subdivision 6; 174.03, subdivisions 1a, 1c; 219.20, subdivision 1;
221.031, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 161.321, subdivision 6, is amended to read:


Subd. 6.

Rules; eligibility.

deleted text begin (a)deleted text end The rules adopted by the commissioner of administration
to define small businesses and to set time and other eligibility requirements for participation
in programs under sections 16C.16 to 16C.19 apply to this section. The commissioner may
promulgate other rules necessary to carry out this section.

deleted text begin (b) In addition to other eligibility requirements, a small targeted group business or
veteran-owned small business is eligible for the bid preferences under this section only for
eight years following the latest of:
deleted text end

deleted text begin (1) May 1, 2012;
deleted text end

deleted text begin (2) for a targeted group business, the date of initial certification by the commissioner of
administration, as provided under section 16C.19;
deleted text end

deleted text begin (3) for a veteran-owned small business, the date of initial certification by the United
States Department of Veterans Affairs, as provided under section 16C.19, paragraph (d);
or
deleted text end

deleted text begin (4) for a veteran-owned small business, the release or discharge of any one of the owners
from military active service, as defined in section 190.05, subdivision 5, lasting for a period
of 179 days or longer.
deleted text end

Sec. 2.

Minnesota Statutes 2016, section 169.865, subdivision 3, is amended to read:


Subd. 3.

Requirements; restrictions.

(a) A vehicle or combination of vehicles operating
under this section:

(1) is subject to axle weight limitations under section 169.824, subdivision 1;

(2) is subject to seasonal load restrictions under section 169.87;

(3) is subject to bridge load limits posted under section 169.84;

(4) may only be operated on paved streets and highways other than interstate highways;

(5) may not be operated with loads that exceed the manufacturer's gross vehicle weight
rating as affixed to the vehicle, or other certification of gross vehicle weight rating complying
with Code of Federal Regulations, title 49, sections 567.4 to 567.7;

(6) must be issued a permit from each road authority having jurisdiction over a road on
which the vehicle is operated, if required;

(7) must comply with the requirements of section 169.851, subdivision 4; and

(8) must have brakes on all wheels.

(b) The percentage allowances for exceeding gross weights if transporting unfinished
forest products under section 168.013, subdivision 3, paragraph (b), or for the first haul of
unprocessed or raw farm products or unfinished forest products under section 168.013,
subdivision 3
, paragraph (d), clause (3), do not apply to a vehicle or combination of vehicles
operated under this section.

new text begin (c) Notwithstanding paragraph (a), clause (4), a vehicle or combination of vehicles
hauling fluid milk under a permit issued by the commissioner of transportation may also
operate on interstate highways as provided under United States Code, title 23, section 127.
new text end

Sec. 3.

Minnesota Statutes 2016, section 171.12, subdivision 6, is amended to read:


Subd. 6.

Certain convictions not recorded.

(a) Except as provided in paragraph (c),
the department shall not keep on the record of a driver any conviction for a violation of a
speed limit of 55 miles per hour unless the violation consisted of a speed greater than ten
miles per hour in excess of the speed limit.

(b) Except as provided in paragraph (c), the department shall not keep on the record of
a driver any conviction for a violation of a speed limit of 60 miles per hour unless the
violation consisted of a speed greater than:

(1) ten miles per hour in excess of the speed limit, for any violation occurring on or after
August 1, 2012, and before August 1, 2014; or

(2) five miles per hour in excess of the speed limit, for any violation occurring on or
after August 1, 2014.

(c) This subdivision does not apply to (1) a violation that occurs in a commercial motor
vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's
licensenew text begin or commercial driver learner's permitnew text end , without regard to whether the violation was
committed in a commercial motor vehicle or another vehicle.

Sec. 4.

Minnesota Statutes 2016, section 174.03, subdivision 1a, is amended to read:


Subd. 1a.

Revision of statewide multimodal transportation plan.

(a) The commissioner
deleted text begin shalldeleted text end new text begin mustnew text end revise the statewide multimodal transportation plan by January 15, deleted text begin 2013deleted text end new text begin 2022new text end ,
and by January 15 of every deleted text begin fourdeleted text end new text begin fivenew text end years thereafter. Before final adoption of a revised
plan, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end hold a hearing to receive public comment on the
preliminary draft of the revised plan.

(b) Each revised statewide multimodal transportation plan must:

(1) incorporate the goals of the state transportation system in section 174.01;

(2) establish objectives, policies, and strategies for achieving those goals; and

(3) identify performance targets for measuring progress and achievement of transportation
system goals, objectives, or policies.

Sec. 5.

Minnesota Statutes 2016, section 174.03, subdivision 1c, is amended to read:


Subd. 1c.

Statewide highway 20-year capital investment plan.

deleted text begin By January 15, 2013,
and In conjunction with
deleted text end new text begin Within one year ofnew text end each deleted text begin futuredeleted text end revision of the statewide multimodal
transportation plannew text begin under subdivision 1anew text end , the commissioner deleted text begin shalldeleted text end new text begin mustnew text end prepare a 20-year
statewide highway capital investment plan that:

(1) incorporates performance measures and targets for assessing progress and achievement
of the state's transportation goals, objectives, and policies identified in this chapter for the
state trunk highway system, and those goals, objectives, and policies established in the
statewide multimodal transportation plan. Performance targets must be based on objectively
verifiable measures, and address, at a minimum, preservation and maintenance of the
structural condition of state highway bridges and pavements, safety, and mobility;

(2) summarizes trends and impacts for each performance target over the past five years;

(3) summarizes the amount and analyzes the impact of the department's capital
investments and priorities over the past five years on each performance target, including a
comparison of prior plan projected costs with actual costs;

(4) identifies the investments required to meet the established performance targets over
the next 20-year period;

(5) projects available state and federal funding over the 20-year period, including any
unique, competitive, time-limited, or focused funding opportunities;

(6) identifies strategies to ensure the most efficient use of existing transportation
infrastructure, and to maximize the performance benefits of projected available funding;

(7) establishes investment priorities for projected funding, including a schedule of major
projects or improvement programs for the 20-year period together with projected costs and
impact on performance targets; and

(8) identifies those performance targets identified under clause (1) not expected to meet
the target outcome over the 20-year period together with alternative strategies that could
be implemented to meet the targets.

Sec. 6.

Minnesota Statutes 2016, section 219.20, subdivision 1, is amended to read:


Subdivision 1.

When installation required; procedure.

At each grade crossing not
equipped with flashing lights or flashing lights and gates deleted text begin where, because of the dangers
attendant upon its use, the reasonable protection of life and property makes it necessary for
persons approaching the crossing to stop or yield before crossing the railroad tracks, stop
signs or yield signs
deleted text end new text begin the railway company new text end must deleted text begin be installeddeleted text end new text begin install yield signs in addition to
crossbuck signs
new text end . When the government entity responsible for a road that crosses a railroad
track deems it necessary to install stop signs deleted text begin ordeleted text end new text begin rather than new text end yield signs at that crossing, it
shall petition the commissioner to order the installation of the stop signs deleted text begin or yield signsdeleted text end . The
commissioner shall respond to the petition by investigating the conditions at the crossing
to determine whether stop signs deleted text begin or yield signsdeleted text end should be installed at the crossingnew text begin instead of
yield signs
new text end . On determining, after an investigation following a petition from a governmental
agency or subdivision or on the commissioner's own motion, that stop signs deleted text begin or yield signsdeleted text end
should be installed at a crossing, the commissioner shall designate the crossing as a stop
crossing deleted text begin or yield crossingdeleted text end and shall notify the railway company operating the railroad at
the crossing of this designation. Within 30 days after notification, the railway company
shall erect the deleted text begin uniformdeleted text end stop deleted text begin crossingdeleted text end signs deleted text begin or yield crossing signsdeleted text end in accordance with the
commissioner's order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Railway companies must install yield signs required under this section before December
31, 2019.
new text end

Sec. 7.

Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision to
read:


new text begin Subd. 2e. new text end

new text begin Exemptions for pipeline welding trucks. new text end

new text begin A pipeline welding truck, as defined
in Code of Federal Regulations, title 49, section 390.38, paragraph (b), including an individual
operating a pipeline welding truck and the employer of the individual, is exempt from any
requirement relating to:
new text end

new text begin (1) registration as a motor carrier, including the requirement to obtain and display a
United States Department of Transportation number under subdivision 6 and section 168.185;
new text end

new text begin (2) driver qualifications under section 221.0314, subdivision 2;
new text end

new text begin (3) driving of commercial motor vehicles under section 221.0314, subdivision 6;
new text end

new text begin (4) parts, accessories, and inspection, repair, and maintenance of commercial motor
vehicles under section 221.0314, subdivisions 7 and 10; and
new text end

new text begin (5) hours of service of drivers, including maximum driving and on-duty time under
section 221.0314, subdivision 9.
new text end