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Minnesota Legislature

Office of the Revisor of Statutes

HF 928

5th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

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

Current Version - 5th Engrossment

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A bill for an act
relating to transportation; modifying or adding provisions relating to
transportation construction impacts on business, rest areas, highways, bridges,
deputy registrars, vehicles, fees, impounds, mini trucks, towing, intersection
gridlock, bus operation, various traffic regulations, cargo tank vehicle weight
exemptions, transportation department goals and mission, a Minnesota Council
of Transportation Access, a Commuter Rail Corridor Coordinating Committee,
railroad track safety, motor carriers of railroad employees, airport authorities,
property acquisition for highways, transit, town road interest extinguishment
nullification, closure of highway 19, submission of final environmental impact
statements regarding highways, and rail grant funding; requiring study and
reports; making technical and clarifying changes; amending Minnesota Statutes
2008, sections 160.165, as added; 161.14, subdivision 62, as added, by adding
subdivisions; 165.14, subdivisions 4, 5; 168.33, subdivisions 2, 7; 168B.06,
subdivision 1; 168B.07, subdivision 3; 169.011, by adding a subdivision;
169.041, subdivision 5; 169.045; 169.15; 169.306; 169.71, subdivision 1, as
amended; 169.865, subdivision 1; 169.87, by adding a subdivision; 169A.275,
subdivision 7, as amended; 171.306, subdivisions 1, as amended, 3, as amended;
174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.632, as added; 174.86,
subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision;
360.031; 360.0425; 473.167, subdivision 2a; 473.411, subdivision 5; 514.18,
subdivision 1a; Laws 2008, chapter 287, article 1, sections 118; 122; proposing
coding for new law in Minnesota Statutes, chapters 160; 174; 221; repealing
Minnesota Statutes 2008, sections 13.721, subdivision 4; 169.041, subdivisions 3,
4; 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.

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

Section 1.

Minnesota Statutes 2008, section 160.165, as added by Laws 2009, chapter
36, article 3, section 2, is amended to read:


160.165 MITIGATION OF TRANSPORTATION CONSTRUCTION
IMPACTS ON BUSINESS.

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given:

(1) "project" means construction work to maintain, construct, reconstruct, or
improve a street or highwaynew text begin or for a rail transit projectnew text end;

(2) "substantial business impacts" means impairment of road access, parking, or
visibility for one or more business establishments as a result of a project, for a minimum
period of one month; and

(3) "transportation authority" means the commissioner, as to trunk highways; the
county board, as to county state-aid highways and county highways; the town board, as to
town roads; deleted text beginanddeleted text end statutory or home rule charter cities, as to city streetsnew text begin; the Metropolitan
Council, for rail transit projects located entirely within the metropolitan area as defined in
section 473.121, subdivision 2; and the commissioner, for all other rail transit projects
new text end.

Subd. 2.

Business liaison.

(a) Before beginning construction work on a project,
a transportation authority shall identify whether the project is anticipated to include
substantial business impacts. For such projects, the transportation authority shall designate
an individual to serve as business liaison between the transportation authority and affected
businesses.

(b) The business liaison shall consult with affected businesses before and
during construction to investigate means of mitigating project impacts to businesses.
The mitigation considered must include signage. The business liaison shall provide
information to the identified businesses before and during construction, concerning project
duration and timetables, lane and road closures, detours, access impacts, customer parking
impacts, visibility, noise, dust, vibration, and public participation opportunities.

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin This section does not apply to construction work in connection
with the Central Corridor light rail or transit line that will connect downtown Minneapolis
and downtown St. Paul.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective July 1, 2011. Subdivision 3 is
effective July 1, 2009.
new text end

Sec. 2.

new text begin [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited activities. new text end

new text begin It is unlawful at rest areas to:
new text end

new text begin (1) dispose of travel-related trash and rubbish, except if depositing it in a designated
receptacle;
new text end

new text begin (2) dump household or commercial trash and rubbish into containers or anywhere
else on site;
new text end

new text begin (3) drain or dump refuse or waste from any trailer, recreational vehicle, or other
vehicle except where receptacles are provided and designated to receive the refuse or
waste;
new text end

new text begin (4) stop and park continuously for a period in excess of six hours, except for:
new text end

new text begin (i) commercial motor vehicle operators as provided for under section 160.2721; and
new text end

new text begin (ii) employees on duty at the rest area;
new text end

new text begin (5) pitch tents or sleep overnight outside a vehicle; or
new text end

new text begin (6) allow a motor vehicle to remain unattended when no member of a party or group
traveling in association with the motor vehicle or trailer is present at the rest area.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Violation of this section is a petty misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 161.14, subdivision 62, as added by Laws
2009, chapter 18, section 1, is amended to read:


Subd. 62.

Clearwater County Veterans Memorial Highway.

(a) The following
described route is designated the "Clearwater County Veterans Memorial Highway": that
portion of Legislative Route No. 168, marked on the effective date of this section as Trunk
Highway 200, from its intersection with Clearwater County State-Aid Highway deleted text begin37deleted text endnew text begin 39new text end to
its intersection with Legislative Route No. 169, marked on the effective date of this
section as Trunk Highway 92; and that portion of Route No. 169 to its intersection with
Clearwater County State-Aid Highway 5.

(b) The commissioner shall adopt a suitable marking design to mark this highway
and erect appropriate signs, subject to section 161.139.

Sec. 4.

Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:


new text begin Subd. 64. new text end

new text begin Veterans Memorial Highway. new text end

new text begin Legislative Route No. 31, signed as
Trunk Highway 200 as of the effective date of this section, from the border with North
Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The
commissioner shall adopt a suitable design to mark this highway and erect appropriate
signs, subject to section 161.139.
new text end

Sec. 5.

Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:


new text begin Subd. 65. new text end

new text begin Becker County Veterans Memorial Highway. new text end

new text begin Marked Trunk Highway
34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with
County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection
with County State-Aid Highway 33 to its intersection with County State-Aid Highway
39, is named and designated the "Becker County Veterans Memorial Highway." Subject
to section 161.139, the commissioner shall adopt a suitable marking design to mark this
highway and erect appropriate signs.
new text end

Sec. 6.

Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:


new text begin Subd. 66. new text end

new text begin Granite City Crossing. new text end

new text begin The bridge over the Mississippi River on marked
Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner
of transportation shall adopt a suitable design to mark this bridge and erect appropriate
signs, subject to section 161.139.
new text end

Sec. 7.

Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:


Subd. 4.

Prioritization of bridge projects.

(a) The commissioner shall classify all
bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
the commissioner identifies a reason for proceeding otherwise, before commencing bridge
projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
be selected and funded in the approved state transportation improvement program, at
any stage in the project development process, solicited for bids, in contract negotiation,
under construction, or completed.

(b) The classification of each tier is as follows:

(1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
identified by the commissioner as a priority project;

(2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and

(3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.

(c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
must be under contract for repair or replacement with a new bridge that contains a
load-path-redundant design, except that a specific bridge may remain in continued service
if the reasons are documented in the report required under subdivision 5.

(d) new text beginAll bridge projects funded under this section in fiscal year 2010 or later must
include bicycle and pedestrian accommodations if both sides of the bridge are located in a
city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
new text end

new text begin Bicycle and pedestrian accommodations would not be required if:
new text end

new text begin (1) a comprehensive assessment demonstrates that there is an absence of need for
bicycle and pedestrian accommodations for the life of the bridge; or
new text end

new text begin (2) there is a reasonable alternative bicycle and pedestrian crossing within
one-quarter mile of the bridge project.
new text end

new text begin All bicycle and pedestrian accommodations should enable a connection to any existing
bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian
facilities must meet or exceed federal accessibility requirements as outlined in Title II of
the Americans with Disabilities Act, codified in United States Code, title 42, chapter
126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United
States Code, title 29, section 794.
new text end

new text begin (e) new text endThe commissioner shall establish criteria for determining the priority of bridge
projects within each tier, and must include safety considerations as a criterion.

Sec. 8.

Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:


Subd. 5.

Statewide transportation planning report.

In conjunction with each
update to the Minnesota statewide transportation plan, or at least every six years, the
commissioner shall submit a report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over transportation
finance. The report must include:

(1) an explanation of the criteria and decision-making processes used to prioritize
bridge projects;

(2) a historical and projected analysis of the extent to which all trunk highway
bridges meet bridge performance targetsnew text begin and comply with the accessibility requirements
of Title II of the Americans with Disabilities Act
new text end;

(3) a summary of bridge projects (i) completed in the previous six years or since the
last update to the Minnesota statewide transportation plan, and (ii) currently in progress
under the program;

(4) a summary of bridge projects scheduled in the next four fiscal years and included
in the state transportation improvement program;

(5) a projection of annual needs over the next 20 years;

(6) a calculation new text beginof new text endfunding necessary to meet the completion date under subdivision
4, paragraph (c), compared to the total amount of bridge-related funding available; and

(7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
explanation of the reasons for repair instead of replacement.

Sec. 9.

Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:


Subd. 2.

Deputy registrars.

(a) The commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule charter city as the public
interest and convenience may require, without regard to whether the county auditor of
the county in which the city is situated has been appointed as the deputy registrar for the
county or has been discontinued as the deputy registrar for the county, and without regard
to whether the county in which the city is situated has established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.

(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
for any statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
or if the county in which the city is situated has not established a county license bureau
that issues motor vehicle licenses as provided in section 373.32. The individual appointed
by the commissioner as a deputy registrar for any statutory or home rule charter city must
be a resident of the county in which the city is situated.

(c) The commissioner may appoint, and for cause discontinue, the county auditor of
each county as a deputy registrar.

(d) Despite any other provision, a person other than a county auditor or a director
of a county license bureau, who was appointed by the registrar before August 1, 1976,
as a deputy registrar for any statutory or home rule charter city, may continue to serve
as deputy registrar and may be discontinued for cause only by the commissioner. The
county auditor who appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.

(e) Each deputy, before entering upon the discharge of duties, shall take and
subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.

(f) If a deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in addition give bond to
the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
conditioned upon the faithful discharge of duties as deputy registrar.

(g) deleted text beginUntil January 1, 2012,deleted text end A corporation governed by chapter 302A may be
appointed a deputy registrar. Upon application by an individual serving as a deputy
registrar and the giving of the requisite bond as provided in this subdivision, personally
assured by the individual or another individual approved by the commissioner, a
corporation named in an application then becomes the duly appointed and qualified
successor to the deputy registrar. deleted text beginThe appointment of any corporation as a deputy registrar
expires January 1, 2012. The commissioner shall appoint an individual as successor to
the corporation as a deputy registrar. The commissioner shall appoint as the successor
agent to a corporation whose appointment expires under this paragraph an officer of the
corporation if the officer applies for appointment before July 1, 2012.
deleted text end

(h) Each deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles and the
collection of taxes and fees on vehicles.

(i) The deputy registrar shall keep records and make reports to the commissioner as
the commissioner requires. The records must be maintained at the offices of the deputy
registrar. The records and offices of the deputy registrar must at all times be open to the
inspection of the commissioner or the commissioner's agents. The deputy registrar shall
report to the commissioner by the next working day following receipt all registrations
made and taxes and fees collected by the deputy registrar.

(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
the place for which appointed or, if not a public official, a deputy shall retain the filing
fee, but the registration tax and any additional fees for delayed registration the deputy
registrar has collected the deputy registrar shall deposit by the next working day following
receipt in an approved state depository to the credit of the state through the commissioner
of finance. The place for which the deputy registrar is appointed through its governing
body must provide the deputy registrar with facilities and personnel to carry out the duties
imposed by this subdivision if the deputy is a public official. In all other cases, the deputy
shall maintain a suitable facility for serving the public.

Sec. 10.

Minnesota Statutes 2008, section 168.33, subdivision 7, is amended to read:


Subd. 7.

Filing fees; allocations.

(a) In addition to all other statutory fees and
taxes, a filing fee of:

(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate
transactions; and

(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate
transactions;

except that a filing fee may not be charged for a document returned for a refund or for
a correction of an error made by the Department of Public Safety, a dealer, or a deputy
registrar. The filing fee must be shown as a separate item on all registration renewal
notices sent out by the commissioner. No filing fee or other fee may be charged for the
permanent surrender of a title for a vehicle.

(b) new text beginThe statutory fees and taxes, and the filing fees imposed under paragraph (a)
may be paid by credit card or debit card. The deputy registrar may collect a surcharge
on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit
card or debit card transaction, in accordance with emergency rules established by the
commissioner of public safety. The surcharge must be used to pay the cost of processing
credit and debit card transactions.
new text end

new text begin (c) new text endAll of the fees collected under paragraph (a), clause (1), by the department, must
be paid into the vehicle services operating account in the special revenue fund under
section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department,
$3.50 must be paid into the general fund with the remainder deposited into the vehicle
services operating account in the special revenue fund under section 299A.705.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fees collected on and after August
1, 2009.
new text end

Sec. 11.

Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:


Subdivision 1.

Written notice of impound.

(a) When an impounded vehicle is
taken into custody, the unit of government or impound lot operator taking it into custody
shall give written notice of the taking within five days to the registered vehicle owner
and any lienholders.

(b) The notice must:

(1) set forth the date and place of the taking;

(2) provide the year, make, model, and serial number of the impounded motor
vehicle, if such information can be reasonably obtained, and the place where the vehicle
is being held;

(3) inform the owner and any lienholders of their right to reclaim the vehicle under
section 168B.07;

(4) state that failure of the owner or lienholders to:

(i) exercise their right to reclaim the vehicle within the appropriate time allowed
under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in
section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest
in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
pursuant to section 168B.08; or

(ii) exercise their right to reclaim the contents of the vehicle within the appropriate
time allowed and under the conditions set forth in section 168B.07, subdivision 3,
constitutes a waiver by them of all right, title, and interest in the contents and consent to
sell or dispose of the contents under section 168B.08; and

(5) state that a vehicle owner who provides to the impound lot operator
documentation from a government or nonprofit agency or legal aid office that the owner
is homeless, receives relief based on need, new text beginor new text endis eligible for legal aid services, deleted text beginor has a
household income at or below 50 percent of state median income
deleted text end has the unencumbered
right to retrieve any and all contents without charge.

Sec. 12.

Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:


Subd. 3.

Retrieval of contents.

(a) For purposes of this subdivision:

(1) "contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile accessories,
including audio or video players; and

(2) "relief based on need" includes, but is not limited to, receipt of MFIP
and Diversionary Work Program, medical assistance, general assistance, general
assistance medical care, emergency general assistance, Minnesota supplemental aid,
MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
working family tax credit.

(b) A unit of government or impound lot operator shall establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.

(c) At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner who provides documentation from a government or
nonprofit agency or legal aid office that the registered owner is homeless, receives relief
based on need, new text beginor new text endis eligible for legal aid services, deleted text beginor has a household income at or below
50 percent of state median income
deleted text end has the unencumbered right to retrieve any and all
contents without charge and regardless of whether the registered owner pays incurred
charges or fees, transfers title, or reclaims the vehicle.

Sec. 13.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:


new text begin Subd. 40a. new text end

new text begin Mini truck. new text end

new text begin (a) "Mini truck" means a motor vehicle that has four
wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an
internal combustion engine with a piston displacement capacity of 660 cubic centimeters
or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a
seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo
area or bed located at the rear of the vehicle; and was not originally manufactured to meet
federal motor vehicle safety standards required of motor vehicles in the Code of Federal
Regulations, title 49, sections 571.101 to 571.404, and successor requirements.
new text end

new text begin (b) A mini truck does not include:
new text end

new text begin (1) a neighborhood electric vehicle or a medium-speed electric vehicle; or
new text end

new text begin (2) a motor vehicle that meets or exceeds the regulations in the Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
new text end

Sec. 14.

Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:


Subd. 5.

Towing prohibited.

deleted text beginUnless the vehicle is described in subdivision 4,deleted text end new text begin(a)new text end A
towing authority may not tow a motor vehicle because:

(1) the vehicle has expired registration tabs that have been expired for less than
90 days; new text beginor
new text end

(2) the vehicle is at a parking meter on which the time has expired and the vehicle
has fewer than five unpaid parking ticketsnew text begin.
new text end

new text begin (b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
new text end

new text begin (1) the vehicle is parked in violation of snow emergency regulations;
new text end

new text begin (2) the vehicle is parked in a rush-hour restricted parking area;
new text end

new text begin (3) the vehicle is blocking a driveway, alley, or fire hydrant;
new text end

new text begin (4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking
is prohibited;
new text end

new text begin (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the
stop sign;
new text end

new text begin (6) the vehicle is parked in a disability transfer zone or disability parking space
without a disability parking certificate or disability license plates;
new text end

new text begin (7) the vehicle is parked in an area that has been posted for temporary restricted
parking (A) at least 12 hours in advance in a home rule charter or statutory city having
a population under 50,000, or (B) at least 24 hours in advance in another political
subdivision;
new text end

new text begin (8) the vehicle is parked within the right-of-way of a controlled-access highway or
within the traveled portion of a public street when travel is allowed there;
new text end

new text begin (9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to
use by fire, police, public safety, or emergency vehicles;
new text end

new text begin (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul
International Airport owned by the Metropolitan Airports Commission;
new text end

new text begin (11) a law enforcement official has probable cause to believe that the vehicle is
stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is
reasonably necessary to obtain or preserve the evidence;
new text end

new text begin (12) the driver, operator, or person in physical control of the vehicle is taken into
custody and the vehicle is impounded for safekeeping;
new text end

new text begin (13) a law enforcement official has probable cause to believe that the owner,
operator, or person in physical control of the vehicle has failed to respond to five or more
citations for parking or traffic offenses;
new text end

new text begin (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs
to use by taxicabs;
new text end

new text begin (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked
vehicle;
new text end

new text begin (16) the vehicle is parked, on a school day during prohibited hours, in a school zone
on a public street where official signs prohibit parking; or
new text end

new text begin (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
168B.011, and subject to immediate removal under chapter 168B
new text end.

Sec. 15.

Minnesota Statutes 2008, section 169.045, is amended to read:


169.045 SPECIAL VEHICLE USE ON ROADWAY.

Subdivision 1.

Designation of roadway, permit.

The governing body of any
county, home rule charter or statutory city, or town may by ordinance authorize the
operation of motorized golf carts, deleted text beginordeleted text end four-wheel all-terrain vehicles, new text beginor mini trucks, new text endon
designated roadways or portions thereof under its jurisdiction. Authorization to operate
a motorized golf cart deleted text beginordeleted text endnew text begin,new text end four-wheel all-terrain vehiclenew text begin, or mini truck new text end is by permit only.
For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation-tired
vehicle with four low-pressure tires that is limited in engine displacement of less than 800
cubic centimeters and total dry weight less than 600 poundsnew text begin, and a mini truck has the
meaning given in section 169.011, subdivision 40a
new text end.

Subd. 2.

Ordinance.

The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may
be granted for a period of not to exceed one year, and may be annually renewed. A
permit may be revoked at any time if there is evidence that the permittee cannot safely
operate the motorized golf cart deleted text beginordeleted text endnew text begin, new text end four-wheel all-terrain vehiclenew text begin, or mini truck new text end on the
designated roadways. The ordinance may require, as a condition to obtaining a permit,
that the applicant submit a certificate signed by a physician that the applicant is able to
safely operate a motorized golf cart deleted text beginordeleted text endnew text begin, new text end four-wheel all-terrain vehiclenew text begin, or mini truck new text end on
the roadways designated.

Subd. 3.

Times of operation.

Motorized golf carts and four-wheel all-terrain
vehicles may only be operated on designated roadways from sunrise to sunset. They shall
not be operated in inclement weather or when visibility is impaired by weather, smoke, fog
or other conditions, or at any time when there is insufficient light to clearly see persons
and vehicles on the roadway at a distance of 500 feet.

Subd. 4.

Slow-moving vehicle emblem.

Motorized golf carts shall display
the slow-moving vehicle emblem provided for in section 169.522, when operated on
designated roadways.

Subd. 5.

Crossing intersecting highways.

The operator, under permit, of a
motorized golf cart deleted text beginordeleted text endnew text begin, new text end four-wheel all-terrain vehiclenew text begin, or mini truck new text end may cross any street or
highway intersecting a designated roadway.

Subd. 6.

Application of traffic laws.

Every person operating a motorized golf cart
deleted text begin ordeleted text endnew text begin, new text end four-wheel all-terrain vehiclenew text begin, or mini truck new text end under permit on designated roadways has
all the rights and duties applicable to the driver of any other vehicle under the provisions
of this chapter, except when those provisions cannot reasonably be applied to motorized
golf carts deleted text beginordeleted text endnew text begin, new text end four-wheel all-terrain vehiclesnew text begin, or mini trucks new text end and except as otherwise
specifically provided in subdivision 7.

Subd. 7.

Nonapplication of certain laws.

The provisions of chapter 171new text begin are
applicable to persons operating mini trucks
new text end, new text beginbut new text endare not applicable to persons operating
motorized golf carts or four-wheel all-terrain vehicles under permit on designated
roadways pursuant to this section. Except for the requirements of section 169.70, the
provisions of this chapter relating to equipment on vehicles deleted text beginisdeleted text endnew text begin arenew text end not applicable to
motorized golf carts or four-wheel all-terrain vehicles operating, under permit, on
designated roadways.

Subd. 8.

Insurance.

In the event persons operating a motorized golf cart deleted text beginordeleted text endnew text begin,
new text end four-wheel, all-terrain vehiclenew text begin, or mini truck new text end under this section cannot obtain liability
insurance in the private market, that person may purchase automobile insurance, including
no-fault coverage, from the Minnesota Automobile deleted text beginAssigned Riskdeleted text endnew text begin Insurancenew text end Plannew text begin under
sections 65B.01 to 65B.12
new text end at a rate to be determined by the commissioner of commerce.

Sec. 16.

Minnesota Statutes 2008, section 169.045, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Required equipment on mini trucks. new text end

new text begin Notwithstanding sections 169.48
to 169.68, or any other law, a mini truck may be operated under permit on designated
roadways if it is equipped with:
new text end

new text begin (1) at least two headlamps;
new text end

new text begin (2) at least two taillamps;
new text end

new text begin (3) front and rear turn-signal lamps;
new text end

new text begin (4) an exterior mirror mounted on the driver's side of the vehicle and either (i) an
exterior mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror;
new text end

new text begin (5) a windshield;
new text end

new text begin (6) a seat belt for the driver and front passenger; and
new text end

new text begin (7) a parking brake.
new text end

Sec. 17.

Minnesota Statutes 2008, section 169.15, is amended to read:


169.15 IMPEDING TRAFFICnew text begin; INTERSECTION GRIDLOCKnew text end.

new text begin Subdivision 1. new text end

new text begin Impeding traffic; drive at slow speed. new text end

No person shall drive a
motor vehicle at such a slow speed as to impede or block the normal and reasonable
movement of traffic except when reduced speed is necessary for safe operation or in
compliance with law or except when the vehicle is temporarily unable to maintain a greater
speed due to a combination of the weight of the vehicle and the grade of the highway.

new text begin Subd. 2. new text end

new text begin Intersection gridlock; stop or block traffic. new text end

new text begin No driver of a motor
vehicle shall enter an intersection controlled by a signal light until the vehicle is able to
move completely through the intersection without impeding or blocking the subsequent
movement of cross traffic, unless such movement is at the direction of a city-authorized
traffic-control agent or a police officer or to facilitate passage of an authorized emergency
vehicle. A violation of this subdivision does not constitute grounds for suspension or
revocation of the violator's driver's license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010, and applies to acts
committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2008, section 169.306, is amended to read:


169.306 USE OF SHOULDERS BY BUSES.

(a) The commissioner of transportation deleted text beginmaydeleted text endnew text begin is authorized tonew text end permit the use by transit
buses and Metro Mobility buses of a shouldernew text begin, as designated by the commissioner,new text end of a
freeway or expressway, as defined in section 160.02, deleted text beginin the seven-county metropolitan
area
deleted text endnew text begin in Minnesotanew text end.

(b) If the commissioner permits the use of a freeway or expressway shoulder by
transit buses, the commissioner shall deleted text beginalsodeleted text end permit the use on that shoulder of a bus new text begin(1) new text endwith
a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
as defined in section 221.012, subdivision 26, while operating in intrastate commercenew text begin or
(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or
Metro Mobility services, and operated by or under contract with the Metropolitan Council,
a local transit authority, or a transit authority created by the legislature. Drivers of these
buses must have adequate training in the requirements of paragraph (c), as determined by
the commissioner
new text end.

(c) Buses authorized to use the shoulder under this section may be operated on the
shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
buses being operated on the shoulder may not exceed the speed of main-line traffic by
more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
being operated on the shoulder must yield to merging, entering, and exiting traffic and
must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
registered with the Department of Transportation.

(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:

(1) operated by deleted text beginthe Metropolitan Council, or operated bydeleted text endnew text begin or under contract withnew text end a
public or private entity receiving financial assistancenew text begin to provide transit servicesnew text end from the
Metropolitan Councilnew text begin or the commissioner of transportationnew text end; and

(2) authorized by the deleted text begincouncildeleted text endnew text begin commissionernew text end to use freeway or expressway shoulders.

(e) This section does not apply to the operation of buses on dynamic shoulder lanes.

Sec. 19.

Minnesota Statutes 2008, section 169.71, subdivision 1, as amended by Laws
2009, chapter 59, article 5, section 5, is amended to read:


Subdivision 1.

Prohibitions generally; exceptions.

(a) A person shall not drive or
operate any motor vehicle with:

(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;

(2) any objects suspended between the driver and the windshield, other than:

(i) sun visors;

(ii) rearview mirrors;

new text begin (iii) driver feedback and safety-monitoring equipment when mounted immediately
behind, slightly above, or slightly below the rearview mirror;
new text end

deleted text begin (iii)deleted text endnew text begin (iv)new text end global positioning systems or navigation systems when mounted or located
near the bottommost portion of the windshield; and

deleted text begin (iv)deleted text endnew text begin (v)new text end electronic toll collection devices; or

(3) any sign, poster, or other nontransparent material upon the front windshield,
sidewings, or side or rear windows of the vehicle, other than a certificate or other paper
required to be so displayed by law or authorized by the state director of the Division of
Emergency Management or the commissioner of public safety.

(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.

(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.

Sec. 20.

Minnesota Statutes 2008, section 169.865, subdivision 1, is amended to read:


Subdivision 1.

Six-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six axles to haul raw or
unprocessed agricultural products and be operated with a gross vehicle weight of up to:

(1) 90,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Notwithstanding subdivision deleted text begin4deleted text endnew text begin 3new text end, paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.

(c) The fee for a permit issued under this subdivision is $300.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 21.

Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Cargo tank vehicles. new text end

new text begin (a) Weight restrictions imposed by the commissioner
under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent
axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted
roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
new text end

new text begin (b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
used for propane must have an operating gauge on the cargo tank that shows the amount of
propane as a percent of capacity of the cargo tank. Documentation of the capacity of the
cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of
this subdivision, propane weighs 4.2 pounds per gallon.
new text end

new text begin (c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
used for dyed fuel oil must utilize the forward two tank compartments and must carry
documentation of the empty weight of the cargo tank vehicle from a certified scale in the
cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds
per gallon.
new text end

new text begin (d) To the extent practicable, cargo tank vehicles that are exempt from weight
restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted
roads by 12:00 p.m. and before the last week of April.
new text end

Sec. 22.

Minnesota Statutes 2008, section 169A.275, subdivision 7, as amended by
Laws 2009, chapter 29, section 1, is amended to read:


Subd. 7.

Exception.

(a) A judge is not required to sentence a person as provided
in this section if the judge requires the person as a condition of probation to drive only
motor vehicles equipped with an ignition interlock device meeting the standards described
in section 171.306.

(b) This subdivision expires July 1, 2011.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 23.

Minnesota Statutes 2008, section 171.306, subdivision 1, as amended by Laws
2009, chapter 29, section 2, is amended to read:


Subdivision 1.

Pilot project established; reports.

The commissioner shall conduct
a statewide two-year ignition interlock device pilot project as provided in this section.
The pilot project must begin on July 1, 2009, and continue until June 30, 2011. The
commissioner shall submit a preliminary report by September 30, 2010, and a final report
by September 30, 2011, to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over criminal justice policy and
funding. The reports must evaluate the successes and failures of the pilot project, provide
information on participation rates, and make recommendations on continuing the project.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 24.

Minnesota Statutes 2008, section 171.306, subdivision 3, as amended by Laws
2009, chapter 29, section 3, is amended to read:


Subd. 3.

Pilot project components.

(a) Under the pilot project, the commissioner
shall issue a driver's license to an individual whose driver's license has been revoked under
chapter 169A for an impaired driving incident if the person qualifies under this section and
agrees to all of the conditions of the project.

(b) The commissioner must denote the person's driver's license record to indicate the
person's participation in the program. The license must authorize the person to drive only
vehicles having functioning ignition interlock devices conforming with the requirements
of subdivision 2.

(c) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to and shall determine the appropriate period for which a person participating in
the ignition interlock pilot program shall be subject to this program, and when the person
is eligible to be issued:

(1) a limited driver's license subject to the ignition interlock restriction;

(2) full driving privileges subject to the ignition interlock restriction; and

(3) a driver's license without an ignition interlock restriction.

(d) A person participating in this pilot project shall agree to participate in any
treatment recommended by a chemical use assessment.

(e) The commissioner shall determine guidelines for participation in the project.
A person participating in the project shall sign a written agreement accepting these
guidelines and agreeing to comply with them.

(f) It is a misdemeanor for a person who is licensed under this section for driving
a vehicle equipped with an ignition interlock device to drive, operate, or be in physical
control of a motor vehicle other than a vehicle properly equipped with an ignition
interlock device.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 25.

Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:


Subdivision 1.

Department created.

In order to provide deleted text begina balanceddeleted text end new text beginan integrated
new text endtransportation systemdeleted text begin, includingdeleted text end new text beginof new text endaeronautics, highways, motor carriers, ports, public
transit, railroads, and pipelines, new text beginand including facilities for walking and bicycling, new text enda
Department of Transportation is created. The department is the principal agency of the
state for development, implementation, administration, consolidation, and coordination of
state transportation policies, plans, and programs.

Sec. 26.

Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:


Subd. 2.

Transportation goals.

The goals of the state transportation system are
as follows:

(1) to deleted text beginprovide safe transportationdeleted text end new text beginminimize fatalities and injuries new text endfor new text begintransportation
new text endusers throughout the state;

(2) to provide multimodal and intermodal transportation deleted text beginthat enhances mobility and
economic development and provides access to all persons and businesses in Minnesota
while ensuring that there is no
deleted text end new text beginfacilities and services to increase access for all persons and
businesses and to ensure economic well-being and quality of life without
new text endundue burden
placed on any community;

(3) to provide a reasonable travel time for commuters;

(4) to new text beginenhance economic development and new text endprovide for the economical, efficient, and
safe movement of goods to and from markets by rail, highway, and waterway;

(5) to encourage tourism by providing appropriate transportation to Minnesota
facilities designed to attract touristsnew text begin and to enhance the appeal, through transportation
investments, of tourist destinations across the state
new text end;

(6) to provide transit services deleted text beginthroughoutdeleted text end new text beginto all counties in new text endthe state to meet the
needs of transit users;

(7) to promote deleted text beginproductivitydeleted text end new text beginaccountability new text endthrough deleted text beginsystemdeleted text end new text beginsystematic new text endmanagement
new text begin of system performance new text endand new text beginproductivity through new text endthe utilization of technological
advancements;

(8) to maximize the long-term benefits received for each state transportation
investment;

(9) to provide new text beginfor and prioritize new text endfunding deleted text beginfordeleted text end new text beginof new text endtransportation new text begininvestments new text endthatdeleted text begin, at a
minimum, preserves the transportation infrastructure
deleted text endnew text begin ensures that the state's transportation
infrastructure is maintained in a state of good repair
new text end;

(10) to ensure that the planning and implementation of all modes of transportation
are consistent with the environmental and energy goals of the state;

(11) to promote and increase the use of high-occupancy vehicles and low-emission
vehicles;

(12) to provide an air transportation system sufficient to encourage economic growth
and allow all regions of the state the ability to participate in the global economy;

(13) to increase deleted text begintransitdeleted text end use new text beginof transit as a percentage of all trips new text endstatewide by giving
highest priority to the transportation modes with the greatest people-moving capacity and
lowest long-term economic and environmental cost;

(14) to promote and increase bicycling new text beginand walking as a percentage of all trips new text endas deleted text beginandeleted text end
energy-efficient, nonpolluting, and deleted text beginhealthful formdeleted text end new text beginhealthy forms new text endof transportation;

(15) to reduce greenhouse gas emissions from the state's transportation sector; and

(16) to accomplish these goals with minimal impact on the environment.

Sec. 27.

Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:


Subd. 1a.

Mission; efficiency; legislative report, recommendations.

It is part
of the department's mission that within the department's resources the commissioner
shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) minimize the degradation of air deleted text beginanddeleted text endnew text begin,new text end water qualitynew text begin, and the climate, including
reduction in greenhouse gas emissions
new text end;

(4) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(5) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(6) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(7) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and

(8) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department.

Sec. 28.

new text begin [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Council established. new text end

new text begin A Minnesota Council on Transportation
Access is established to study, evaluate, oversee, and make recommendations to improve
the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of
transportation services provided to the transit public. "Transit public" means those persons
who utilize public transit and those who, because of mental or physical disability, income
status, or age are unable to transport themselves and are dependent upon others for
transportation services.
new text end

new text begin Subd. 2. new text end

new text begin Duties of council. new text end

new text begin In order to accomplish the purposes in subdivision 1,
the council shall adopt a biennial work plan that must incorporate the following activities:
new text end

new text begin (1) compile information on existing transportation alternatives for the transit public,
and serve as a clearinghouse for information on services, funding sources, innovations,
and coordination efforts;
new text end

new text begin (2) identify best practices and strategies that have been successful in Minnesota and
in other states for coordination of local, regional, state, and federal funding and services;
new text end

new text begin (3) recommend statewide objectives for providing public transportation services
for the transit public;
new text end

new text begin (4) identify barriers prohibiting coordination and accessibility of public
transportation services and aggressively pursue the elimination of those barriers;
new text end

new text begin (5) recommend policies and procedures for coordinating local, regional, state, and
federal funding and services for the transit public;
new text end

new text begin (6) identify stakeholders in providing services for the transit public, and seek input
from them concerning barriers and appropriate strategies;
new text end

new text begin (7) recommend guidelines for developing transportation coordination plans
throughout the state;
new text end

new text begin (8) encourage all state agencies participating in the council to purchase trips within
the coordinated system;
new text end

new text begin (9) facilitate the creation and operation of transportation brokerages to match
riders to the appropriate service, promote shared dispatching, compile and disseminate
information on transportation options, and promote regional communication;
new text end

new text begin (10) encourage volunteer driver programs and recommend legislation to address
liability and insurance issues;
new text end

new text begin (11) recommend minimum performance standards for delivery of services;
new text end

new text begin (12) identify methods to eliminate fraud and abuse in special transportation services;
new text end

new text begin (13) develop a standard method for addressing liability insurance requirements for
transportation services purchased, provided, or coordinated;
new text end

new text begin (14) design and develop a contracting template for providing coordinated
transportation services;
new text end

new text begin (15) recommend an interagency uniform contracting and billing and accounting
system for providing coordinated transportation services;
new text end

new text begin (16) encourage the design and development of training programs for coordinated
transportation services;
new text end

new text begin (17) encourage the use of public school transportation vehicles for the transit public;
new text end

new text begin (18) develop an allocation methodology that equitably distributes transportation
funds to compensate units of government and all entities that provide coordinated
transportation services;
new text end

new text begin (19) identify policies and necessary legislation to facilitate vehicle sharing; and
new text end

new text begin (20) advocate aggressively for eliminating barriers to coordination, implementing
coordination strategies, enacting necessary legislation, and appropriating resources to
achieve the council's objectives.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The council is comprised of the following 17 members:
new text end

new text begin (1) two members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration, one of whom must be a member of the minority;
new text end

new text begin (2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (3) one representative from the Office of the Governor;
new text end

new text begin (4) one representative from the Council on Disability;
new text end

new text begin (5) one representative from the Minnesota Public Transit Association;
new text end

new text begin (6) the commissioner of transportation or a designee;
new text end

new text begin (7) the commissioner of human services or a designee;
new text end

new text begin (8) the commissioner of health or a designee;
new text end

new text begin (9) the chair of the Metropolitan Council or a designee;
new text end

new text begin (10) the commissioner of education or a designee;
new text end

new text begin (11) the commissioner of veterans affairs or a designee;
new text end

new text begin (12) one representative from the Board on Aging;
new text end

new text begin (13) the commissioner of employment and economic development or a designee;
new text end

new text begin (14) the commissioner of commerce or a designee; and
new text end

new text begin (15) the commissioner of finance or a designee.
new text end

new text begin (b) All appointments required by paragraph (a) must be completed by August
1, 2009.
new text end

new text begin (c) The commissioner of transportation or a designee shall convene the first meeting
of the council within two weeks after the members have been appointed to the council.
The members shall elect a chairperson from their membership at the first meeting.
new text end

new text begin (d) The Department of Transportation and the Department of Human Services shall
provide necessary staff support for the council.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15 of each year, beginning in 2011, the council shall
report its findings, recommendations, and activities to the governor's office and to the
chairs and ranking minority members of the legislative committees with jurisdiction
over transportation, health, and human services, and to the legislature as provided under
section 3.195.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Members of the council shall receive compensation and
reimbursement of expenses as provided in section 15.059, subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2013.
new text end

Sec. 29.

Minnesota Statutes 2009, section 174.632, as added by Laws 2009, chapter
36, article 3, section 16, is amended to read:


174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.

(a) The planning, design, development, construction, operation, and maintenance of
passenger rail track, facilities, and services are governmental functions, serve a public
purpose, and are a matter of public necessity.

(b) The commissioner is responsible for all aspects of planning, designing,
developing, constructing, equipping, operating, and maintaining passenger rail, including
system planning, alternatives analysis, environmental studies, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
operating plans.

(c) The commissioner may enter into a memorandum of understanding or agreement
with a public or private entity, including a regional railroad authority, a joint powers board,
and a railroad, to carry out these activities.

new text begin (d) The commissioner shall preserve all railroad employee rights under the Railway
Labor Act, Federal Employers Liability Act, and Railroad Retirement and Unemployment
Insurance Act, and federal railroad safety, occupational safety, and health laws.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30.

Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:


Subd. 5.

Commuter Rail Corridor Coordinating Committee.

(a) A Commuter
Rail Corridor Coordinating Committee deleted text beginshall bedeleted text endnew text begin isnew text end established to advise the commissioner
on issues relating to the alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation method, construction of
commuter rail, public involvement, land use, service, and safety. The Commuter Rail
Corridor Coordinating Committee shall consist of:

(1) one member representing each significant funding partner in whose jurisdiction
the line or lines are located;

(2) one member appointed by each county in which the corridors are located;

(3) one member appointed by each city in which advanced corridor plans indicate
that a station may be located;

(4) two members appointed by the commissioner, one of whom shall be designated
by the commissioner as the chair of the committee;

(5) one member appointed by each metropolitan planning organization through
which the commuter rail line may pass; deleted text beginand
deleted text end

(6) one member appointed by the president of the University of Minnesota, if a
designated corridor provides direct service to the universitydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) two ex-officio members who are members of labor organizations operating
in, and with authority for, trains or rail yards or stations junctioning with freight and
commuter rail lines on corridors, with one member appointed by the speaker of the house
and the other member appointed by the senate Rules and Administration Subcommittee
on Committees.
new text end

(b) A joint powers board existing on April 1, 1999, consisting of local governments
along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
place of the committee.

(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire.

Sec. 31.

Minnesota Statutes 2008, section 219.01, is amended to read:


219.01 TRACK SAFETY STANDARDSnew text begin; SAFETY TECHNOLOGY GRANTSnew text end.

new text begin (a) new text endThe track safety standards of the United States Department of Transportation and
Federal Railroad Administration apply to railroad trackage and are the standards for the
determination of unsafe trackage within the state.

new text begin (b) The commissioner of transportation shall apply to the Federal Railroad
Administration under Public Law 110-432, the Railroad Safety Enhancement Act of
2008 (the act), for (1) railroad safety technology grant funding available under section
105 of the act and (2) development and installation of rail safety technology, including
provision for switch position indicator signals in nonsignalized main track territory,
under section 406 of the act. The commissioner shall respond and make application to
the Federal Railroad Administration notice of funds availability under the Rail Safety
Assurance Act in a timely manner and before the date of the program deadline to assure
full consideration of the application. The commissioner shall (i) prioritize grant requests
for the installation of switch indicator signals on all segments of nonsignalized track
where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in
each year after 2009 until all nonsignalized track territory in the state has switch indicator
signals installed and in operation.
new text end

new text begin (c) Prior to applying for funds under paragraph (b), the commissioner shall solicit
grant requests from all eligible railroads. The commissioner shall submit written notice to
the chairs of the legislative committees with jurisdiction over transportation policy and
finance of an acceptance by a class I or class II railroad of federal grant program funding
for switch point indicator monitor systems.
new text end

new text begin (d) Participating railroads shall provide the 20 percent nonfederal match. Railroads
shall provide all technical documentation requested by the commissioner and required by
the Federal Railroad Administration for the applications under paragraph (b). Railroads
are responsible for developing, acquiring, and installing all rail safety technology obtained
under this section in accordance with requirements established by the Federal Railroad
Administration.
new text end

Sec. 32.

Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
to read:


new text begin Subd. 27a. new text end

new text begin Motor carrier of railroad employees. new text end

new text begin "Motor carrier of railroad
employees" means a motor carrier engaged in the for-hire transportation of railroad
employees of a class I or II common carrier, as defined in Code of Federal Regulations,
title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
a common carrier, as defined in section 218.011, subdivision 10.
new text end

Sec. 33.

Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:


Subd. 38.

Small vehicle passenger service.

(a) "Small vehicle passenger service"
means a service provided by a person engaged in the for-hire transportation of passengers
in a vehicle designed to transport seven or fewer persons, including the driver.

(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
vehicle passenger service" also includes for-hire transportation of persons who are certified
by the Metropolitan Council to use special transportation service provided under section
473.386, in a vehicle designed to transport not more than 15 persons including the driver,
that is equipped with a wheelchair lift and at least three wheelchair securement positions.

new text begin (c) "Small vehicle passenger service" does not include a motor carrier of railroad
employees.
new text end

Sec. 34.

new text begin [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.
new text end

new text begin (a) A motor carrier of railroad employees must meet the requirements specified in
this section, is subject to section 221.291, and is otherwise exempt from the provisions
of this chapter.
new text end

new text begin (b) A vehicle operator for a motor carrier of railroad employees who transports
passengers must:
new text end

new text begin (1) have a valid driver's license under chapter 171; and
new text end

new text begin (2) submit to a physical examination.
new text end

new text begin (c) The carrier must implement a policy that provides for annual training and
certification of the operator in:
new text end

new text begin (1) safe operation of the vehicle transporting railroad employees;
new text end

new text begin (2) knowing and understanding relevant laws, rules of the road, and safety policies;
new text end

new text begin (3) handling emergency situations;
new text end

new text begin (4) proper use of seat belts;
new text end

new text begin (5) performance of pretrip and post-trip vehicle inspections, and inspection record
keeping; and
new text end

new text begin (6) proper maintenance of required records.
new text end

new text begin (d) The carrier must:
new text end

new text begin (1) perform a background check or background investigation of the operator;
new text end

new text begin (2) annually verify the operator's driver's license;
new text end

new text begin (3) document meeting the requirements in this subdivision, and maintain the file
at the carrier's business location;
new text end

new text begin (4) maintain liability insurance in a minimum amount of $5,000,000 regardless
of the seating capacity of the vehicle; and
new text end

new text begin (5) maintain uninsured and underinsured coverage in a minimum amount of
$1,000,000.
new text end

new text begin If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
employees, then the insurance requirements may be satisfied by either that party or the
motor carrier, so long as the motor carrier is a named insured or additional insured under
any policy.
new text end

new text begin (e) A person who sustains a conviction of violating section 169A.25, 169A.26,
169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to
169A.53 of the implied consent law, or who is convicted of or has their driver's license
revoked under a similar statute or ordinance of another state, may not operate a vehicle
under this subdivision for five years from the date of conviction. A person who sustains a
conviction of a moving offense in violation of chapter 169 within three years of the first
of three other moving offenses may not operate a vehicle under this subdivision for one
year from the date of the last conviction. A person who has ever been convicted of a
disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may
not operate a vehicle under this subdivision.
new text end

new text begin (f) An operator who sustains a conviction as described in paragraph (e) while
employed by the carrier shall report the conviction to the carrier within ten days of the
date of the conviction.
new text end

new text begin (g) A carrier must implement a mandatory alcohol and controlled substance testing
program as provided under sections 181.950 to 181.957 that consists of preemployment
testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty
testing, and follow-up testing.
new text end

new text begin (h) A motor carrier of railroad employees shall not allow or require a driver to drive
or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours
of combined on-duty time and drive time since last obtaining eight consecutive hours of
off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive
days. After 24 hours off duty, a driver begins a new seven consecutive day period and
on-duty time is reset to zero.
new text end

new text begin (i) An operator who encounters an emergency and cannot, because of that
emergency, safely complete a transportation assignment within the ten-hour maximum
driving time permitted under paragraph (h), may drive for not more than two additional
hours in order to complete that transportation assignment or to reach a place offering
safety for the occupants of the vehicle and security for the transport motor vehicle, if the
transportation assignment reasonably could have been completed within the ten-hour
period absent the emergency.
new text end

new text begin (j) A carrier shall maintain and retain for a period of six months accurate time
records that show the time the driver reports for duty each day; the total number of hours
of on-duty time for each driver for each day; the time the driver is released from duty each
day; and the total number of hours driven each day.
new text end

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

new text begin (1) "conviction" has the meaning given in section 609.02; and
new text end

new text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a
contract carrier or on any public property waiting to be dispatched. "On-duty time"
includes time spent inspecting, servicing, or conditioning the vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (d), clause (5), is effective July 1, 2010.
new text end

Sec. 35.

Minnesota Statutes 2008, section 360.031, is amended to read:


360.031 DEFINITION OF MUNICIPALITY.

For the purposes of sections 360.031 to deleted text begin360.045deleted text endnew text begin 360.074new text end, (except section 360.042),
"municipality" means any county, city, town, or airport authority of this state.

Sec. 36.

Minnesota Statutes 2008, section 360.0425, is amended to read:


360.0425 GENERAL POWERS OF AUTHORITY.

An airport authority created under section 360.0426 has all the powers granted a
municipality under sections 360.032 to deleted text begin360.046deleted text endnew text begin 360.074new text end.

Sec. 37.

Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:


Subd. 2a.

deleted text beginHardshipdeleted text endnew text begin Loans fornew text end acquisition and relocation.

(a) The council may
make deleted text beginhardshipdeleted text end loans to acquiring authorities within the metropolitan area to purchase
homestead property located in a proposed state trunk highway right-of-way or project,
and to provide relocation assistance. Acquiring authorities are authorized to accept the
loans and to acquire the property. Except as provided in this subdivision, the loans shall
be made as provided in subdivision 2. Loans shall be in the amount of the fair market
value of the homestead property plus relocation costs and less salvage value. Before
construction of the highway begins, the acquiring authority shall convey the property to
the commissioner of transportation at the same price it paid, plus relocation costs and less
its salvage value. Acquisition and assistance under this subdivision must conform to
sections 117.50 to 117.56.

(b) The council may make deleted text beginhardshipdeleted text end loans only when:

(1) the owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;

(2) federal or state financial participation is not available;

(3) the owner is unable to sell the homestead property at its appraised market
value because the property is located in a proposed state trunk highway right-of-way or
project as indicated on an official map or plat adopted under section 160.085, 394.361, or
462.359; new text beginand
new text end

(4) the council agrees to and approves the fair market value of the homestead
property, which approval shall not be unreasonably withhelddeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) the owner of the homestead property is burdened by circumstances that constitute
a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
the owner's employer to a distant site of employment; or inability of the owner to maintain
the property due to physical or mental disability or the permanent departure of children
from the homestead.
deleted text end

(c) For purposes of this subdivision, the following terms have the meanings given
them.

(1) "Acquiring authority" means counties, towns, and statutory and home rule
charter cities in the metropolitan area.

(2) "Homestead property" means a single-family dwelling occupied by the owner,
and the surrounding land, not exceeding a total of ten acres.

(3) "Salvage value" means the probable sale price of the dwelling and other property
that is severable from the land if offered for sale on the condition that it be removed from
the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
of the possible uses of the property, including separate use of serviceable components and
scrap when there is no other reasonable prospect of sale.

Sec. 38.

Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:


Subd. 5.

Use of public roadways and appurtenances.

The council may use for the
purposes of sections 473.405 to 473.449 upon the conditions stated in this subdivision
any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
other appurtenance of a roadway, without payment of any compensation, provided the
use does not interfere unreasonably with the public use or maintenance of the roadway or
appurtenance or entail any substantial additional costs for maintenance. The provisions of
this subdivision do not apply to the property of any common carrier railroad or common
carrier railroads. The consent of the public agency in charge of such state highway or other
public highway or roadway or appurtenance is not required; except that if the council seeks
to use a designated parkway for regular route service in the city of Minneapolis, it must
obtain permission from and is subject to reasonable limitations imposed by a joint board
consisting of two representatives from the council, two members of the board of park
commissioners, and a fifth member jointly selected by the deleted text beginrepresentatives of the council
and the park
deleted text endnew text begin other members of thenew text end board.new text begin If the use is a designated Minneapolis parkway
for regular route service adjacent to the city of Minneapolis, it must obtain permission
from and is subject to reasonable limitations imposed by a joint board consisting of two
representatives from the council, two members of the board of park commissioners, and a
fifth member jointly selected by other members of the board. The joint board must include
a nonvoting member appointed by the council of the city in which the parkway is located.
new text end

The board of park commissioners and the council may designate persons to sit on
the joint board. In considering a request by the council to use designated parkways for
additional routes or trips, the joint board consisting of the council or their designees,
the board of park commissioners or their designees, and the fifth member, shall base its
decision to grant or deny the request based on the criteria to be established by the joint
board. The decision to grant or deny the request must be made within 45 days of the
date of the request. The park board must be notified immediately by the council of any
temporary route detours. If the park board objects to the temporary route detours within
five days of being notified, the joint board must convene and decide whether to grant the
request, otherwise the request is deemed granted. If the agency objects to the proposed
use or claims reimbursement from the council for additional cost of maintenance, it may
commence an action against the council in the district court of the county wherein the
highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
in the action must conform to the Rules of Civil Procedure applicable to the district courts.
The court shall sit without jury. If the court determines that the use in question interferes
unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
enjoin the use by the council. If the court determines that the use in question does not
interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
but that it entails substantial additional maintenance costs, the court shall award judgment
to the agency for the amount of the additional costs. Otherwise the court shall award
judgment to the council. An aggrieved party may appeal from the judgment of the district
court in the same manner as is provided for such appeals in other civil actions. The council
may also use land within the right-of-way of any state highway or other public roadway
for the erection of traffic control devices, other signs, and passenger shelters upon the
conditions stated in this subdivision and subject only to the approval of the commissioner
of transportation where required by statute, and subject to the express provisions of other
applicable statutes and to federal requirements where necessary to qualify for federal aid.

Sec. 39.

Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:


Subd. 1a.

Towed motor vehicles.

A person who tows and stores a motor vehicle
at the request of a law enforcement officer shall have a lien on the motor vehicle for the
value of the storage and towing and the right to retain possession of the motor vehicle
until the lien is lawfully discharged. This section does not apply to tows deleted text beginauthorized
in section 169.041, subdivision 4, clause (1)
deleted text endnew text begin of vehicles parked in violation of snow
emergency regulations
new text end.

Sec. 40.

Laws 2008, chapter 287, article 1, section 118, is amended to read:


Sec. 118. STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS.

(a) The commissioner of transportation shall conduct a study in consultation with
other state agencies and key stakeholders to evaluate the current and long-range needs of
the state's transportation system, and investigate possible strategies to meet these needs.

(b) The study must include, but is not limited to:

(1) evaluation of the current needs of the state's highway systems, bridges, and
transit;

(2) analysis and quantification of the needs for the next 20 years of the state's
highway systems, bridges, and transit;

(3) comparison of estimates of revenues raised by current transportation funding
sources, with long-term needs of the state's transportation system;

(4) identification of options for maintenance and improvement of the state's
transportation system with specific reference to the effects of potential increases in vehicle
fuel economy, availability of alternative modes of transportation, and extreme fuel price
volatility on future transportation revenues;

(5) analysis of alternative pricing options utilized in other states and countries,
and their potential for use, public acceptance, alleviation of congestion, and revenue
generation in this state; deleted text beginand
deleted text end

(6) identification of options for road-use pricing, other alternative financing
mechanisms with particular consideration of key environmental impacts such as air
quality, water quality, and greenhouse gas emissions, and estimates of implementation
costs, user costs, and revenuenew text begin; and
new text end

new text begin (7) analysis of the potential impact of recent and forecast demographic,
socioeconomic, and travel trends on systemwide travel demand and the impact of
changing travel demand on:
new text end

new text begin (i) transportation system needs, including infrastructure, facilities, and services;
new text end

new text begin (ii) air pollution; and
new text end

new text begin (iii) future transportation revenuesnew text end.

new text begin The analysis required in clause (7) must take into account variability among the
department's districts and must consider findings from the 2008 National Household
Travel Survey. The commissioner shall collaborate with the Metropolitan Council on the
council's land use and planning resources report to help determine how land use variability
may play a role in future travel demand.
new text end

(c) The commissioner shall report the results of the study to the legislature no later
than deleted text beginNovember 1, 2009deleted text endnew text begin January 15, 2010new text end.

Sec. 41.

Laws 2008, chapter 287, article 1, section 122, is amended to read:


Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD
EXTINGUISHMENT.

(a) Any extinguishment of town interest in a town road under Minnesota Statutes,
section 164.06, subdivision 2, is hereby nullified if:

(1) the interest was not recorded or filed with the county recorder but was recorded
or filed with the county auditor prior to 1972;

(2) the state or a political subdivision has constructednew text begin or fundednew text end a road or bridge
improvement on a right-of-way affected by the interest;

(3) the affected road was the only means of access to a property;

(4) the extinguishment took place within the last ten years; and

(5) a person whose only access to property was lost because of the extinguishment
files a petition of a nullification with the town board stating that the person's property
became landlocked because of the extinguishment and that the road satisfies all of the
requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
recorded with the county auditor must be attached to the petition. The town shall file the
petition with the county auditor and record it with the county recorder.

(b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
541.023, for any nullification under paragraph (a), the affected road is hereby deemed to
be a cartway. No additional damages or other payments may be required other than those
paid at the time the fee interest was originally acquired and the order filed with the county
auditor. A cartway created by this paragraph may be converted to a private driveway
under Minnesota Statutes, section 164.08, subdivision 2.

(c) For purposes of this section, "affected road" means the road in which the town
board extinguished its interest.

new text begin EFFECTIVE DATE. new text end

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

Sec. 42. new text beginTRUNK HIGHWAY 19 CLOSURE IN NEW PRAGUE.
new text end

new text begin The commissioner of transportation shall annually authorize the city of New Prague
to close Route No. 100, signed as Trunk Highway 19 on the effective date of this section,
from the intersection with Route No. 13, signed as Trunk Highways 13 and 21 on the
effective date of this section, to 10th Avenue SE, located in the city of New Prague. The
closure under this section is limited to one weekend in the month of September of each
year, and is for the city's annual Dozinky Festival. The commissioner shall (1) establish
reasonable requirements for traffic flow, traffic control devices, and safety related to
implementation of an appropriate detour route; and (2) allow the road closure from 5:30
p.m. on Friday until 6:00 a.m. on Sunday.
new text end

Sec. 43. new text beginADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR
CITY OF FARMINGTON.
new text end

new text begin Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the
commissioner of public safety, limiting sites for the office of deputy registrar based
on either the distance to an existing deputy registrar office or the annual volume of
transactions processed by any deputy registrar, the commissioner of public safety shall
appoint a municipal deputy registrar of motor vehicles for the city of Farmington to
operate a new full-service Office of Deputy Registrar, with full authority to function
as a registration and motor vehicle tax collection bureau, at the city hall in the city of
Farmington. All other provisions regarding the appointment and operation of a deputy
registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota
Rules, chapter 7406, apply to the office.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day after
the governing body of the city of Farmington and its chief clerical officer timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 44. new text beginENVIRONMENTAL IMPACT STATEMENT COMPLETION.
new text end

new text begin Subdivision 1. new text end

new text begin Highway 14; New Ulm to Highway 6 segment. new text end

new text begin By December
31, 2010, the commissioner of transportation shall submit the final environmental
impact statement for the segment of marked Trunk Highway 14 from the City of New
Ulm to County State-Aid Highway 6 in the county of Nicollet to the Federal Highway
Administration in the United States Department of Transportation.
new text end

new text begin Subd. 2. new text end

new text begin Highway 14; Highway 218 to Highway 56 segment. new text end

new text begin By May 31, 2010,
the commissioner of transportation shall submit the final environmental impact statement
for the segment of marked Trunk Highway 14 from its intersection with marked Trunk
Highway 218 in Owatonna to marked Trunk Highway 56 in Dodge Center to the Federal
Highway Administration in the United States Department of Transportation.
new text end

new text begin Subd. 3. new text end

new text begin Monthly report. new text end

new text begin If the commissioner of transportation does not meet the
requirements of subdivision 1 or 2, the commissioner must report monthly, by the 15th of
each month in writing, to the chairs and ranking members of the standing committees of
the house of representatives and senate having jurisdiction over transportation issues, and
post on the department's Web site the following information:
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new text begin (1) the stage of the environmental impact statement process in which the department
failed to meet the environmental impact statement submission deadline specified in
subdivision 1 or 2;
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new text begin (2) the cause of the department's failure to meet the environmental impact statement
submission deadline;
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new text begin (3) the estimated time needed to resolve the cause of the failure to meet the
environmental impact statement submission deadline; and
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new text begin (4) the revised date of completing and submitting the environmental impact
statement, if applicable.
new text end

new text begin Monthly reports required under this subdivision must begin January 15, 2011, if the
deadline specified in subdivision 1 is not met, and June 15, 2010, if the deadline specified
in subdivision 2 is not met. The monthly reports must continue and be updated to reflect
new information until the required environmental impact statements are submitted to the
United States Department of Transportation.
new text end

new text begin Subd. 4. new text end

new text begin Resources. new text end

new text begin The commissioner shall perform the duties required under this
section within existing appropriations allocated to transportation districts 6 and 7.
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new text begin EFFECTIVE DATE. new text end

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

Sec. 45. new text beginRAIL GRANT FUNDING APPLICATION.
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new text begin The commissioner of transportation shall work in cooperation with the state of
Wisconsin to prepare and submit timely application for grant funding relating to the
planning, design, development, and construction of a high-speed passenger rail line
connecting Chicago, La Crosse, and the Twin Cities including the Union Depot Concourse
Multimodal Transit Hub.
new text end

Sec. 46. new text begin REPEALER.
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new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 13.721, subdivision 4; and 221.0355,
subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, new text end new text begin are repealed.
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Sec. 47. new text beginEFFECTIVE DATE.
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new text begin Sections 13, 15, and 16 are effective August 1, 2009, and expire July 31, 2012.
new text end