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HF 878

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

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

Current Version - 3rd Engrossment

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A bill for an act
relating to transportation; adding provision governing relocation of highway
centerline; modifying provisions relating to county state-aid highways and
municipal state-aid streets; modifying provisions relating to seat belts; regulating
placement of advertising devices; providing procedures for plats of lands abutting
state rail bank property; requiring a study and report; amending Minnesota
Statutes 2008, sections 161.16, by adding a subdivision; 162.06, subdivision 5;
162.07, subdivision 2; 162.09, subdivision 4; 162.13, subdivision 2; 169.686,
subdivisions 1, 2; 173.02, by adding subdivisions; 173.16, subdivision 4; 505.03,
subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 161.16, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Survey of trunk highway centerline. new text end

new text begin (a) When the physical location
of a trunk highway centerline will be changed by order of the commissioner and the
commissioner is aware that a property description has been written to the centerline, the
commissioner shall file with the recorder in the county where the highway is located a
survey of the existing centerline prior to changing or removing the trunk highway.
new text end

new text begin (b) The survey of the trunk highway centerline must be prepared on four-mil
transparent reproducible film or its equivalent. Sheet size must be 22 inches by 34 inches.
A border line must be placed one-half inch inside the outer edge of the sheet on the top
and bottom 34-inch sides; and the right 22-inch side; and two inches inside the outer edge
of the sheet on the left 22-inch side. If a survey of the trunk highway centerline consists of
more than one sheet, the sheets must be numbered consecutively. The survey of the trunk
highway centerline must include:
new text end

new text begin (1) a graphic depiction of the existing trunk highway centerline;
new text end

new text begin (2) distances along the centerline, and ties to the corners of the public land survey,
expressed in feet and hundredths of a foot. All straight line segments of the plat must be
labeled with the length of the line and bearing or azimuth. All curved line segments
of the plat must be labeled with the central angle, arc length, and radius length. If any
curve is nontangential, the dimensions must include a long chord bearing or azimuth, and
must be labeled nontangential;
new text end

new text begin (3) a north arrow and directional orientation note;
new text end

new text begin (4) a graphics scale along with the label "Scale In Feet";
new text end

new text begin (5) the position, description, and ties from the trunk highway centerline to corners
of the public land survey;
new text end

new text begin (6) identification of the public land survey quarter section or sections, government
lot or lots, and the county through which the depicted trunk highway centerline runs; and
new text end

new text begin (7) the date of the survey.
new text end

new text begin (c) The survey of the trunk highway centerline must be certified by the commissioner
of transportation or the commissioner's designated assistant and by a licensed land
surveyor.
new text end

new text begin (d) Upon submission to the recorder in the county where the depicted trunk highway
centerline is located, and upon payment of appropriate fees, the survey of the trunk
highway centerline must be filed of record.
new text end

Sec. 2.

Minnesota Statutes 2008, section 162.06, subdivision 5, is amended to read:


Subd. 5.

State park road account.

After deducting for administrative costs and
for the disaster account and research account from the amount available as provided
in this section, the commissioner shall deduct a sum equal to the three-quarters of one
percent of the remainder. The sum so deducted shall be set aside in a separate account and
shall be used for (1) the establishment, location, relocation, construction, reconstruction,
and improvement of those roads included in the county state-aid highway system under
Minnesota Statutes 1961, section 162.02, subdivision 6, which border and provide
substantial access to an outdoor recreation unit as defined in section 86A.04 or which
provide access to the headquarters of or the principal parking lot located within such a
unit, and (2) the reconstruction, improvement, repair, and maintenance of county roads,
city streets, and town roads that provide access to public lakes, rivers, state parks, and
state campgrounds. Roads described in clause (2) are not required to meet county
state-aid highway standards. At the request of the commissioner of natural resources the
counties wherein such roads are located shall do such work as requested in the same
manner as on any county state-aid highway and shall be reimbursed for such construction,
reconstruction, or improvements from the amount set aside by this subdivision. Before
requesting a county to do work on a county state-aid highway as provided in this
subdivision, the commissioner of natural resources must obtain approval for the project
from the County State-Aid Screening Board. The screening board, before giving its
approval, must obtain a written comment on the project from the county engineer of the
county requested to undertake the project. Before requesting a county to do work on a
county road, city street, or a town road that provides access to a public lake, a river, a state
park, or a state campground, the commissioner of natural resources shall obtain a written
comment on the project from the county engineer of the county requested to undertake
the project. deleted text beginAny sums paid to counties or cities in accordance with this subdivision shall
reduce the money needs of said counties or cities in the amounts necessary to equalize
their status with those counties or cities not receiving such payments.
deleted text end Any balance of
the amount so set aside, at the end of each year deleted text beginshalldeleted text endnew text begin mustnew text end be transferred to the county
state-aid highway fund.

Sec. 3.

Minnesota Statutes 2008, section 162.07, subdivision 2, is amended to read:


Subd. 2.

Money needs defined.

For the purpose of this section, money needs
of each county are defined as the estimated total annual costs of constructing, over a
period of 25 years, the county state-aid highway system in that county. Costs incidental to
construction, or a specified portion thereof as set forth in the commissioner's rules may be
included in determining money needs. To avoid variances in costs due to differences in
construction policy, construction costs shall be estimated on the basis of the engineering
standards developed cooperatively by the commissioner and the county engineers of the
several counties. deleted text beginAny variance granted pursuant to section 162.02, subdivision 3a shall be
reflected in the estimated construction costs in determining money needs.
deleted text end

Sec. 4.

Minnesota Statutes 2008, section 162.09, subdivision 4, is amended to read:


Subd. 4.

Federal census is conclusive.

(a) In determining whether any city has
a population of 5,000 or more, the last federal census shall be conclusive, except as
otherwise provided in this subdivision.

(b) deleted text beginA city that has previously been classified as having a population of 5,000 or more
for the purposes of chapter 162 and whose population decreases by less than 15 percent
from the census figure that last qualified the city for inclusion shall receive the following
percentages of its 1981 apportionment for the years indicated: 1982, 66 percent and 1983,
33 percent. Thereafter the city shall not receive any apportionment from the municipal
state-aid street fund unless its population is determined to be 5,000 or over by a federal
census.
deleted text end The governing body of deleted text beginthedeleted text endnew text begin anew text end city may contract with the United States Bureau
of the Census to take deleted text beginonedeleted text endnew text begin anew text end special census deleted text beginbefore January 1, 1986deleted text end. A certified copy of
the results of the census shall be filed with the appropriate state authorities by the city.
The result of the census shall be the population of the city for the purposes of any law
providing that population is a required qualification for distribution of highway aids under
chapter 162. The special census shall remain in effect until the deleted text begin1990deleted text endnew text begin nextnew text end federal census is
completed and filed. The expense of taking the special census shall be paid by the city.

(c) If an entire area not heretofore incorporated as a city is incorporated as such
during the interval between federal censuses, its population shall be determined by its
incorporation census. The incorporation census shall be determinative of the population of
the city only until the next federal census.

(d) The population of a city created by the consolidation of two or more previously
incorporated cities shall be determined by the most recent population estimate of the
Metropolitan Council or state demographer, until the first federal decennial census or
special census taken after the consolidation.

(e) The population of a city that is not receiving a municipal state-aid street fund
apportionment shall be determined, upon request of the city, by the most recent population
estimate of the Metropolitan Council or state demographer. A municipal state-aid street
fund apportionment received by the city must be based on this population estimate until
the next federal decennial census or special census.

Sec. 5.

Minnesota Statutes 2008, section 162.13, subdivision 2, is amended to read:


Subd. 2.

Money needs defined.

For the purpose of this section money needs of each
city having a population of 5,000 or more are defined as the estimated cost of constructing
and maintaining over a period of 25 years the municipal state-aid street system in such
city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
and other costs incidental to construction and maintenance, or a specified portion of such
costs, as set forth in the commissioner's rules, may be included in determining money
needs. When a county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid street only the
construction and maintenance costs of the portion of the street other than the portions taken
over by the county shall be included in the money needs of the city. To avoid variances
in costs due to differences in construction and maintenance policy, construction and
maintenance costs shall be estimated on the basis of the engineering standards developed
cooperatively by the commissioner and the engineers, or a committee thereof, of the cities.
deleted text begin Any variance granted pursuant to section 162.09, subdivision 3a shall be reflected in the
estimated construction and maintenance costs in determining money needs.
deleted text end

Sec. 6.

Minnesota Statutes 2008, section 169.686, subdivision 1, is amended to read:


Subdivision 1.

Seat belt requirement.

(a) new text beginExcept as provided in section 169.685, new text enda
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn bydeleted text begin:
deleted text end

deleted text begin (1)deleted text end the driver new text beginand passengers new text endof a passenger vehicle deleted text beginordeleted text endnew text begin, new text end commercial motor vehiclenew text begin,
type III vehicle, and type III Head Start vehicle
new text enddeleted text begin;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age
deleted text end.

(b) a person who is 15 years of age or older and who violates paragraph (a)deleted text begin, clause
(1) or (2),
deleted text end is subject to a fine of $25. The driver of the deleted text beginpassenger vehicle or commercial
motor
deleted text end vehicle in which deleted text beginthe violation occurreddeleted text endnew text begin a violation occursnew text end is subject to a $25 fine
for deleted text beginadeleted text end new text begineach new text endviolation of paragraph (a)deleted text begin, clause (2) or (3),deleted text end by new text beginthe driver or by new text enda deleted text beginchild of the
driver
deleted text end new text begin passenger new text endunder the age of 15 deleted text beginor any child under the age of 11. A peace officer
may not issue a citation for a violation of this section unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation other than a violation
involving motor vehicle equipment
deleted text endnew text begin, but the court may not impose more than one surcharge
under section 357.021, subdivision 6, on the driver
new text end. The Department of Public Safety shall
not record a violation of this subdivision on a person's driving record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 9, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 169.686, subdivision 2, is amended to read:


Subd. 2.

Seat belt exemptions.

This section shall not apply to:

(1) a person driving a passenger vehicle in reverse;

(2) a person riding in a deleted text beginseatdeleted text endnew text begin vehicle new text end in which all the seating positions equipped with
safety belts are occupied by other personsnew text begin in safety beltsnew text end;

(3) a person who is in possession of a written certificate from a licensed physician
verifying that because of medical unfitness or physical disability the person is unable
to wear a seat belt;

(4) a person who is actually engaged in work that requires the person to alight from
and reenter a motor vehicle at frequent intervals and who, while engaged in that work,
does not drive or travel in that vehicle at a speed exceeding 25 miles per hour;

(5) a rural mail carrier of the United States Postal Servicenew text begin or a newspaper delivery
person
new text end while in the performance of duties;

(6) a person driving or riding in a passenger vehicle manufactured before January 1,
1965; and

(7) a person driving or riding in a pickup truckdeleted text begin, as defined in section deleted text enddeleted text begin168.002,
deleted text enddeleted text beginsubdivision 26deleted text end
deleted text begin,deleted text end while engaged in normal farming work or activity.

Sec. 8.

Minnesota Statutes 2008, section 173.02, is amended by adding a subdivision
to read:


new text begin Subd. 19a. new text end

new text begin Expressway. new text end

new text begin "Expressway" has the meaning given it in section 160.02,
subdivision 18b.
new text end

Sec. 9.

Minnesota Statutes 2008, section 173.02, is amended by adding a subdivision
to read:


new text begin Subd. 19b. new text end

new text begin Freeway. new text end

new text begin "Freeway" has the meaning given it in section 160.02,
subdivision 19.
new text end

Sec. 10.

Minnesota Statutes 2008, section 173.16, subdivision 4, is amended to read:


Subd. 4.

Spacing.

(a) Advertising devices shall not be erected or maintained in such
a place or manner as to obscure or otherwise physically interfere with an official traffic
control device or a railroad safety signal or sign, or to obstruct or physically interfere with
the drivers' view of approaching, merging, or intersecting traffic for a distance of 500 feet.

(b) No advertising device shall be erected closer to any other such advertising device
on the same side of the same highway facing traffic proceeding in the same direction than
(1) 500 feet on any interstate highway or deleted text beginfully controlleddeleted text end freeway in a zoned or unzoned
commercial or industrial area within or outside an incorporated city, (2) 300 feet on a
primary highway in a zoned commercial or industrial area outside an incorporated city, (3)
400 feet on a primary highway in an unzoned commercial or industrial area outside an
incorporated city, (4) 100 feet on a primary highway inside an incorporated city; provided,
however, that this provision shall not prevent the erection of double-faced, back-to-back,
or V-type advertising devices with a maximum of two signs per facing; provided further,
however, that such spacing requirements shall not apply as between any off-premise
advertising device permitted under the provisions of Laws 1971, chapter 883.

(c) The above spacing between advertising devices does not apply to structures
separated by buildings or other obstructions in such a manner that only one sign facing
located within the above spacing distances is visible from the highway at any one time.

(d) On interstate highways deleted text beginor fully controlled-access freewaysdeleted text end outside of
incorporated cities, no advertising device may be located adjacent to or within 500 feet of
an interchange, intersection at grade, or safety rest area. new text beginOn freeways and expressways
where there are grade-separated interchanges outside incorporated cities, no advertising
device may be located adjacent to or within 500 feet of an interchange, intersection at
grade, or safety rest area.
new text endSaid 500 feet shall be measured along such highway from
the beginning or ending of pavement widening at the exit from or entrance to the
main-traveled way.

(e) On primary highways outside of incorporated cities, no advertising device may
be located closer than 300 feet from the intersection of any primary highway at grade with
another highway, or with a railroad; provided that advertising may be affixed to or located
adjacent to a building at such intersection in such a manner as not to cause any greater
obstruction of vision than that caused by the building itself.

Sec. 11.

Minnesota Statutes 2008, section 505.03, subdivision 2, is amended to read:


Subd. 2.

Plat approval; road review.

(a) Any proposed preliminary plat in a city,
town, or county, which includes lands abutting upon new text beginstate rail bank property or upon new text endany
existing or established trunk highway or proposed highway which has been designated
by a centerline order filed in the office of the county recorder shall first be presented by
the city, town, or county to the commissioner of transportation for written comments and
recommendations. Preliminary plats in a city or town involving new text beginstate rail bank property or
new text endboth a trunk highway and a highway under county jurisdiction shall be submitted by the
city or town to the county highway engineer as provided in paragraphs (b) and (c) and to
the commissioner of transportation. Plats shall be submitted by the city, town, or county
to the commissioner of transportation for review at least 30 days prior to the home rule
charter or statutory city, town or county taking final action on the preliminary plat. The
commissioner of transportation shall submit the written comments and recommendations
to the city, town, or county within 30 days after receipt by the commissioner of such a
plat. Final action on such plat by the city, town, or county shall not be taken until after
these required comments and recommendations have been received or until the 30-day
period has elapsed.

(b) new text beginIf new text endany proposed preliminary plat or initial plat filing deleted text beginthatdeleted text end includes land located in
a city or town bordering new text begineither state rail bank property or new text endan existing or proposed county
road, highway, or county state-aid highway deleted text beginthatdeleted text endnew text begin, and the property, road, or highwaynew text end is
designated on a map or county highway plan filed in the office of the county recorder or
registrar of titles, new text beginthen the plat or plat filing new text endmust be submitted by the city or town to
the county engineer within five business days after receipt by the city or town of the
preliminary plat or initial plat filing for written comments and recommendations. The
county engineer's review shall be limited to factors of county significance in conformance
with adopted county guidelines developed through a public hearing or a comprehensive
planning process with comment by the cities and towns. The guidelines must provide for
development and redevelopment scenarios, allow for variances, and reflect consideration
of city or town adopted guidelines.

(c) Within 30 days after county receipt from the city or town of the preliminary plat
or initial plat filing, the county engineer shall provide to the city or town written comments
stating whether the plat meets county guidelines and describing any modifications
necessary to bring the plat into conformity with the county guidelines. No city or town
may approve a preliminary plat until it has received the county engineer's written
comments and recommendations or until the county engineer's comment period has
expired, whichever occurs first. Within ten business days following a city's or town's
approval of a preliminary plat, the city or town shall submit to the county board notice of
its approval, along with a statement addressing the disposition of any written comments
or recommendations made by the county engineer. In the event the city or town does
not amend the plat to conform to the recommendations made by the county engineer,
representatives from the county and city or town shall meet to discuss the differences
and determine whether changes to the plat are appropriate prior to final approval. This
requirement shall not extend the time deadlines for preliminary or final approval as
required under this section, section 15.99 or 462.358, or any other law, nor shall this
requirement prohibit final approval as required by this section.

(d) A legible preliminary drawing or print of a proposed preliminary plat shall be
acceptable for purposes of review by the commissioner of transportation or the county
highway engineer. To such drawing or print there shall be attached a written statement
describingdeleted text begin;deleted text endnew text begin:new text end

(1) the outlet for and means of disposal of surface waters from the proposed platted
areadeleted text begin,deleted text endnew text begin;new text end

(2) the land use designation or zoning category of the proposed platted areadeleted text begin,deleted text endnew text begin;new text end

(3) the locations of ingress and egress to the proposed platted areadeleted text begin,deleted text endnew text begin;new text end and

(4) a preliminary site plan for the proposed platted area, with dimensions to scale,
authenticated by a registered engineer or land surveyor, showingnew text begin:
new text end

new text begin (i)new text end the new text beginstate rail bank property;
new text end

new text begin (ii) the new text endexisting or proposed state highway, county road, or county highwaynew text begin;new text end and

new text begin (iii)new text end all existing and proposed rights-of-way, easements, general lot layouts, and
lot dimensions.

new text begin (e)new text end Failure to obtain the written comments and recommendations of the
commissioner of transportation or the county highway engineer shall in no manner affect
the title to the lands included in the plat or the platting of said lands. A city, town,
or county shall file with the plat, in the office of the county recorder or registrar of
titles, a certificate or other evidence showing submission of the preliminary plat to the
commissioner or county highway engineer in compliance with this subdivision.

Sec. 12. new text beginKATHRYN SWANSON SEAT BELT SAFETY ACT.
new text end

new text begin If 2009 H.F. No. 108 is enacted, it may be cited as the Kathryn Swanson Seat Belt
Safety Act.
new text end

Sec. 13. new text beginSTUDY OF MANDATORY 24-HOUR VEHICLE LIGHTING.
new text end

new text begin (a) The commissioner of public safety, in cooperation with the commissioner of
transportation, shall study the mandatory 24-hour use of vehicle lighting by vehicles
on public highways. The study must examine the experience of jurisdictions in this
country, Canada, and the European Union, that require 24-hour display of vehicle lighting,
including but not limited to:
new text end

new text begin (1) environmental consequences;
new text end

new text begin (2) crash prevention;
new text end

new text begin (3) motorcycle, bicycle, and pedestrian safety;
new text end

new text begin (4) cost to drivers; and
new text end

new text begin (5) application to motorcycles.
new text end

new text begin (b) By January 15, 2011, the commissioners of transportation and public safety shall
report their findings and recommendations to the chairs and ranking minority members of
the legislative committees with jurisdiction over transportation policy. The report must be
made electronically and available in print only upon request.
new text end

new text begin (c) The commissioners of public safety and transportation shall study and report
under this section within current appropriations.
new text end

Sec. 14. new text beginSUPERSEDING PROVISIONS.
new text end

new text begin The provisions amending Minnesota Statutes, section 169.686, in this act supersede
any inconsistent or conflicting provisions in 2009 H.F. No. 108, if enacted, regardless of
the order of enactment or effective date of the provisions contained in this act and in
2009 H.F. No. 108.
new text end