SF 1060

5th Engrossment - 90th Legislature (2017 - 2018) Posted on 04/21/2017 09:35am

A bill for an act
relating to transportation; authorizing sale and issuance of trunk highway bonds;
redistributing five percent set-aside from highway user tax distribution fund;
rededicating certain tax proceeds; authorizing an additional sales and use tax;
amending various transportation and transit policies; amending policies relating
to the Department of Public Safety; requiring reports; establishing a task force;
appropriating money; amending Minnesota Statutes 2016, sections 85.016; 116.03,
by adding a subdivision; 117.189; 160.02, subdivision 27, by adding subdivisions;
160.262, subdivisions 1, 3, 4; 160.266, subdivisions 3, 4, 5, by adding subdivisions;
161.081, subdivision 1; 161.088, subdivisions 4, 5, 7, by adding a subdivision;
161.115, subdivision 190; 161.14, by adding a subdivision; 161.21, subdivision
1; 161.321, subdivision 6; 161.44, subdivisions 5, 6a, by adding a subdivision;
168.013, subdivision 1d; 168.021, subdivisions 1, 2, 2a; 168A.09, subdivision 1;
168A.141; 168A.142; 169.14, by adding a subdivision; 169.345, subdivisions 1,
3; 169.80, subdivision 1; 169.829, by adding a subdivision; 169.865, subdivision
3; 171.06, subdivision 2a; 171.12, subdivision 6; 174.03, subdivisions 1a, 1c;
221.031, by adding a subdivision; 256B.15, subdivision 1a; 297A.815, subdivision
3; 297A.94; 297A.992, subdivision 2; 297B.01, subdivision 16; 473.388,
subdivision 2; 473.4051, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 168; 168A; 174; repealing Minnesota Statutes 2016, sections
160.262, subdivision 2; 160.265; 160.266, subdivisions 1, 2; 161.115, subdivision
32; Minnesota Rules, parts 8810.6000; 8810.6100; 8810.6300; 8810.6400;
8810.6500; 8810.6600; 8810.6700; 8810.6800; 8810.6900; 8810.7000; 8810.9910;
8810.9911; 8810.9912; 8810.9913.

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

ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1. TRANSPORTATION APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the trunk highway
fund, or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2018		2019

Sec. 2. DEPARTMENT OF TRANSPORTATION

Subdivision 1. Total Appropriation

$

2,928,633,000

$

2,917,420,000

Appropriations by Fund
	2018	2019
General	19,158,000	18,058,000
Airports	31,812,000	22,609,000
C.S.A.H.	769,644,000	800,066,000
M.S.A.S.	195,858,000	203,463,000
Special Revenue	10,000,000	0
Trunk Highway	1,902,161,000	1,873,224,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance

26,501,000

17,298,000

This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.

$2,334,000 in the first year is for a grant to
the city of Rochester to design, rehabilitate,
demolish, and expand portions of the existing
passenger terminal building at the Rochester
International Airport, provided that this
amount also includes money to remodel,
construct, furnish, and equip the existing
passenger terminal building and associated
appurtenances to meet the United States
Customs and Border Protection and
Transportation Security Administration
standards for safety, security, and processing
time to accommodate domestic and
international flights. The capital improvements
paid for with this appropriation may be used
as the local contribution required by
Minnesota Statutes, section 360.305,
subdivision 4. This appropriation may be used
to reimburse the city for costs incurred after
May 1, 2016. This appropriation is not
available until the commissioner of
management and budget has determined that
at least an equal amount has been committed
to the project from nonstate sources. Work
that may be completed with this appropriation
includes but is not limited to (i) site
preparation, including utilities, site civil work,
testing, and construction administration
services, (ii) the relocation, modification, and
addition of airline ticket counters, baggage
claim devices, public spaces, offices,
restrooms, support space, break rooms,
lockers, equipment storage, communications,
hallways, building signage, medical visitor
rooms, special needs accommodations, hold
rooms, secure storage, equipment maintenance
area, and building engineering and technology
systems, (iii) improvements needed outside
the terminal to remove, restore, and tie into
adjacent utilities, sidewalks, driveways,
parking lots, and aircraft aprons, and (iv) the
construction of covered exterior equipment
storage. This is a onetime appropriation.

$6,619,000 in the first year is to provide the
federal match to design and construct runway
infrastructure at the Duluth International and
Sky Harbor Airports in accordance with
Minnesota Statutes, section 360.017. For the
purposes of this clause, the commissioner may
waive the requirements of Minnesota Statutes,
section 360.305, subdivision 4, paragraph (b).
This appropriation is for costs incurred after
March 1, 2016, and is available until and must
be encumbered by June 30, 2017. This
appropriation is not available until the
commissioner of management and budget
determines that an equal amount is committed
from nonstate sources. This is a onetime
appropriation.

$250,000 in the first year is for an air transport
optimization planning study for the St. Cloud
Regional Airport, which must be
comprehensive and market-based, using
economic development and air service
expertise to research, analyze, and develop
models and strategies that maximize the return
on investments made to enhance the use and
impact of the St. Cloud Regional Airport. This
is a onetime appropriation.

The base appropriation in each of fiscal years
2020 and 2021 is $15,298,000.

Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, and unless otherwise
stated in this clause for a specific project, this
appropriation is available for five years after
appropriation. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.

(2) Aviation Support and Services

6,790,000

6,934,000

Appropriations by Fund
	2018	2019
Airports	5,311,000	5,311,000
Trunk Highway	1,479,000	1,623,000

$80,000 in each year is from the state airports
fund for the Civil Air Patrol.

(b) Transit

18,091,000

18,118,000

Appropriations by Fund
	2018	2019
General	17,245,000	17,245,000
Trunk Highway	846,000	873,000

(c) Safe Routes to School

500,000

500,000

This appropriation is from the general fund
for the safe routes to school program under
Minnesota Statutes, section 174.40.

(d) Freight

6,706,000

5,778,000

Appropriations by Fund
	2018	2019
General	1,356,000	256,000
Trunk Highway	5,350,000	5,522,000

$1,100,000 in the first year is from the general
fund for port development assistance program
grants under Minnesota Statutes, chapter
457A. Any improvements made with the
proceeds of these grants must be publicly
owned. This is a onetime appropriation and is
available in the second year.

Subd. 3. State Roads

(a) Operations and Maintenance

332,773,000

343,159,000

(b) Program Planning and Delivery

257,479,000

265,542,000

$130,000 in each year is available for
administrative costs of the targeted group
business program.

$266,000 in each year is available for grants
to metropolitan planning organizations outside
the seven-county metropolitan area.

$900,000 in each year is available for grants
for transportation studies outside the
metropolitan area to identify critical concerns,
problems, and issues. These grants are
available: (1) to regional development
commissions; (2) in regions where no regional
development commission is functioning, to
joint powers boards established under
agreement of two or more political
subdivisions in the region to exercise the
planning functions of a regional development
commission; and (3) in regions where no
regional development commission or joint
powers board is functioning, to the
department's district office for that region.

$1,000,000 in each year is available for
management of contaminated and regulated
material on property owned by the Department
of Transportation, including mitigation of
property conveyances, facility acquisition or
expansion, chemical release at maintenance
facilities, and spills on the trunk highway
system where there is no known responsible
party. If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

(c) State Road Construction

1,009,396,000

942,268,000

This appropriation is for the actual
construction, reconstruction, and improvement
of trunk highways, including design-build
contracts, internal department costs associated
with delivering the construction program, and
consultant usage to support these activities.
This includes the cost of actual payment to
landowners for lands acquired for highway
rights-of-way, payment to lessees, interest
subsidies, and relocation expenses.

This appropriation may be used for the
restoration of former trunk highways that have
reverted to counties or to statutory or home
rule charter cities, or for trunk highways that
will be restored and subsequently turned back
by agreement between the commissioner and
the local road authority, where "restoration"
means the level of effort required to improve
the route that will be turned back to an
acceptable condition as determined by
agreement made between the commissioner
and the county or city before the route is
turned back.

The commissioner may expend up to one-half
of one percent of the federal appropriations
under this paragraph as grants to opportunity
industrialization centers and other nonprofit
job training centers for job training programs
related to highway construction.

The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.

The commissioner may receive money
covering other shares of the cost of partnership
projects. These receipts are appropriated to
the commissioner for these projects.

(d) Highway Debt Service

224,261,000

241,828,000

$214,761,000 the first year and $232,328,000
the second year are for transfer to the state
bond fund. If this amount is insufficient to
make all transfers required in the year for
which it is made, the commissioner of
management and budget shall transfer the
deficiency amount under the statutory open
appropriation, and notify the chairs and
ranking minority members of the legislative
committees with jurisdiction over
transportation finance and the chairs of the
senate Committee on Finance and the house
of representatives Committee on Ways and
Means of the amount of the deficiency. Any
excess appropriation cancels to the trunk
highway fund.

The base appropriations for debt service are
$251,367,000 in fiscal year 2020 and
$248,616,000 in fiscal year 2021.

(e) Statewide Radio Communications

5,648,000

5,829,000

Appropriations by Fund
	2018	2019
General	3,000	3,000
Trunk Highway	5,645,000	5,826,000

$3,000 in each year is from the general fund
to equip and operate the Roosevelt signal
tower for Lake of the Woods weather
broadcasting.

Subd. 4. Local Roads

(a) County State-Aid Roads

769,644,000

800,066,000

This appropriation is from the county state-aid
highway fund under Minnesota Statutes,
section 161.081, and chapter 162, and is
available until June 30, 2027.

If the commissioner of transportation
determines that a balance remains in the
county state-aid highway fund following the
appropriations and transfers made in this
paragraph, and that the appropriations made
are insufficient for advancing county state-aid
highway projects, an amount necessary to
advance the projects, not to exceed the balance
in the county state-aid highway fund, is
appropriated in each year to the commissioner.
Within two weeks of a determination under
this contingent appropriation, the
commissioner of transportation shall notify
the commissioner of management and budget
and the chairs and ranking minority members
of the legislative committees with jurisdiction
over transportation finance concerning funds
appropriated. The commissioner shall identify
in the next budget submission to the legislature
under Minnesota Statutes, section 16A.11, any
amount that is appropriated under this
paragraph.

(b) Municipal State-Aid Roads

195,858,000

203,463,000

This appropriation is from the municipal
state-aid street fund under Minnesota Statutes,
chapter 162, and is available until June 30,
2027.

If the commissioner of transportation
determines that a balance remains in the
municipal state-aid street fund following the
appropriations and transfers made in this
paragraph, and that the appropriations made
are insufficient for advancing municipal
state-aid street projects, an amount necessary
to advance the projects, not to exceed the
balance in the municipal state-aid street fund,
is appropriated in each year to the
commissioner. Within two weeks of a
determination under this contingent
appropriation, the commissioner of
transportation shall notify the commissioner
of management and budget and the chairs and
ranking minority members of the legislative
committees with jurisdiction over
transportation finance concerning funds
appropriated. The commissioner shall identify
in the next budget submission to the legislature
under Minnesota Statutes, section 16A.11, any
amount that is appropriated under this
paragraph.

(c) Small Cities Assistance

10,000,000

0

This appropriation is from the small cities
assistance account in the special revenue fund
under Minnesota Statutes, section 162.145.
This is a onetime appropriation and is
available in the second year.

Subd. 5. Agency Management

(a) Agency Services

44,316,000

45,206,000

(b) Buildings

20,085,000

20,939,000

Appropriations by Fund
	2018	2019
General	54,000	54,000
Trunk Highway	20,031,000	20,885,000

Any money appropriated to the commissioner
of transportation for building construction for
any fiscal year before the first year is available
to the commissioner of transportation during
the biennium to the extent that the
commissioner spends the money on the
building construction projects for which the
money was originally encumbered during the
fiscal year for which it was appropriated.

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

(c) Tort Claims

600,000

600,000

If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.

Subd. 6. Transfers

With the approval of the commissioner of
management and budget, the commissioner
of transportation may transfer unencumbered
balances among the appropriations from the
trunk highway fund and the state airports fund
made in this section. No transfer may be made
from the appropriations for state road
construction or for debt service. Transfers
under this subdivision may not be made
between funds. Transfers under this
subdivision must be reported immediately to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over transportation finance.

Subd. 7. Previous State Road Construction Appropriations

Any money appropriated to the commissioner
of transportation for state road construction
for any fiscal year before the first year is
available to the commissioner during the
biennium to the extent that the commissioner
spends the money on the state road
construction project for which the money was
originally encumbered during the fiscal year
for which it was appropriated.

Subd. 8. Contingent Appropriation

The commissioner of transportation, with the
approval of the governor and the written
approval of at least five members of a group
consisting of the members of the Legislative
Advisory Commission under Minnesota
Statutes, section 3.30, and the ranking minority
members of the legislative committees with
jurisdiction over transportation finance, may
transfer all or part of the unappropriated
balance in the trunk highway fund to an
appropriation: (1) for trunk highway design,
construction, or inspection in order to take
advantage of an unanticipated receipt of
income to the trunk highway fund or to take
advantage of federal advanced construction
funding; (2) for trunk highway maintenance
in order to meet an emergency; or (3) to pay
tort or environmental claims. Nothing in this
subdivision authorizes the commissioner to
increase the use of federal advanced
construction funding beyond amounts
specifically authorized. Any transfer as a result
of the use of federal advanced construction
funding must include an analysis of the effects
on the long-term trunk highway fund balance.
The amount transferred is subject to the
purpose of the account to which it is
transferred.

Sec. 3. METROPOLITAN COUNCIL

$

90,820,000

$

89,820,000

This appropriation is from the general fund
for transit system operations under Minnesota
Statutes, sections 473.371 to 473.449.

$1,000,000 in fiscal year 2018 is for financial
assistance to replacement service providers
under Minnesota Statutes, section 473.388,
for the purposes of the suburb-to-suburb transit
demonstration project authorized under Laws
2015, chapter 75, article 1, section 4. The
council must not retain any portion of the
funds under this appropriation.

Sec. 4. DEPARTMENT OF PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

180,733,000

$

180,733,000

Appropriations by Fund
	2018	2019
General	13,418,000	13,418,000
Special Revenue	54,130,000	54,130,000
H.U.T.D.	10,449,000	10,449,000
Trunk Highway	102,736,000	102,736,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Administration and Related Services

(a) Office of Communications

530,000

530,000

Appropriations by Fund
	2018	2019
General	115,000	115,000
Trunk Highway	415,000	415,000

(b) Public Safety Support

8,934,000

8,934,000

Appropriations by Fund
	2018	2019
General	3,797,000	3,797,000
H.U.T.D.	1,366,000	1,366,000
Trunk Highway	3,771,000	3,771,000

$640,000 each year is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44. If the appropriation for either year
is insufficient, the appropriation for the other
year is available for it.

$1,367,000 each year is from the general fund
to be deposited in the public safety officer's
benefit account. This money is available for
reimbursements under Minnesota Statutes,
section 299A.465.

$600,000 each year is from the general fund
and $100,000 in each year is from the trunk
highway fund for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.

(c) Technology and Support Service

3,685,000

3,685,000

Appropriations by Fund
	2018	2019
General	1,322,000	1,322,000
H.U.T.D.	19,000	19,000
Trunk Highway	2,344,000	2,344,000

Subd. 3. State Patrol

(a) Patrolling Highways

88,357,000

88,357,000

Appropriations by Fund
	2018	2019
General	37,000	37,000
H.U.T.D.	828,000	828,000
Trunk Highway	87,492,000	87,492,000

(b) Commercial Vehicle Enforcement

8,257,000

8,257,000

(c) Capitol Security

8,147,000

8,147,000

This appropriation is from the general fund.

The commissioner must not: (1) spend any
money from the trunk highway fund for
capitol security; or (2) permanently transfer
any state trooper from the patrolling highways
activity to capitol security.

The commissioner must not transfer any
money appropriated to the commissioner under
this section: (1) to capitol security; or (2) from
capitol security.

Subd. 4. Driver and Vehicle Services

(a) Vehicle Services

30,082,000

30,082,000

Appropriations by Fund
	2018	2019
Special Revenue	21,846,000	21,846,000
H.U.T.D.	8,236,000	8,236,000

(b) Driver Services

30,896,000

30,896,000

This appropriation is from the driver services
operating account in the special revenue fund.

$156,000 in each year is appropriated to
maintain the automated knowledge test
system.

Subd. 5. Traffic Safety

457,000

457,000

Subd. 6. Pipeline Safety

1,388,000

1,388,000

This appropriation is from the pipeline safety
account in the special revenue fund.

Sec. 5. APPROPRIATION CANCELLATION.

$1,100,000 of the appropriation for port development assistance under Laws 2015,
chapter 75, article 1, section 3, subdivision 2, paragraph (e), is canceled to the general fund
on June 30, 2017.

Sec. 6. DEPARTMENT OF TRANSPORTATION; APPROPRIATION.

$105,000,000 is appropriated from the trunk highway fund to the commissioner of
transportation in fiscal year 2017, as additional federal spending authority for state road
construction.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 2

TRUNK HIGHWAY BONDING

Section 1. BOND SALE AUTHORIZATION.

To provide the money appropriated in this article from the bond proceeds account in the
trunk highway fund, the commissioner of management and budget shall sell and issue bonds
of the state in an amount up to $325,325,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota
Constitution, article XIV, section 11, at the times and in the amounts requested by the
commissioner of transportation. The proceeds of the bonds, except accrued interest and any
premium received from the sale of the bonds, must be deposited in the bond proceeds account
in the trunk highway fund.

Sec. 2. BOND APPROPRIATIONS.

The sums shown in the column under "Appropriations" are appropriated from the bond
proceeds account in the trunk highway fund to the state agencies or officials indicated, to
be spent for public purposes. Appropriations of bond proceeds must be spent as authorized
by the Minnesota Constitution, articles XI and XIV. Unless otherwise specified, money
appropriated in this article for a capital program or project may be used to pay state agency
staff costs that are attributed directly to the capital program or project in accordance with
accounting policies adopted by the commissioner of management and budget.

SUMMARY
Department of Transportation	$	325,000,000
Department of Management and Budget		325,000
TOTAL	$	325,325,000

APPROPRIATIONS

Sec. 3. DEPARTMENT OF TRANSPORTATION CORRIDORS OF COMMERCE

$

200,000,000

(a) The appropriation in this section is to the
commissioner of transportation for the
corridors of commerce program under
Minnesota Statutes, section 161.088, and is
available in the amounts of $50,000,000 in
each fiscal year from 2018 to 2021. The
commissioner may use up to 17 percent of the
amount each year for program delivery.

(b) In any fiscal year covered by this
appropriation, the commissioner may identify
projects based on previous selection processes
or may perform a new selection.

(c) The appropriation in this section cancels
as specified under Minnesota Statutes, section
16A.642, except that the commissioner of
management and budget shall count the start
of authorization for issuance of state bonds as
the first day of the fiscal year during which
the bonds are available to be issued as
specified under paragraph (a), and not as the
date of enactment of this section.

Sec. 4. U.S. HIGHWAY 12 PROJECTS

$

15,000,000

The appropriation in this section is in fiscal
year 2018 for projects, including preliminary
and final design, engineering, environmental
analysis, right-of-way acquisition,
construction, and reconstruction, on marked
U.S. Highway 12 as follows:

(1) realignment at the intersections with
Hennepin County State-Aid Highway 92;

(2) realignment and safety improvements at
the intersection with Hennepin County
State-Aid Highway 90; and

(3) safety median improvements from the
interchange with Wayzata Boulevard in
Wayzata to approximately one-half mile east
of the interchange with Hennepin County
State-Aid Highway 6.

Sec. 5. MARKED TRUNK HIGHWAY 212

$

20,000,000

The appropriation in this section is in fiscal
year 2018 for acquisition of right-of-way and
construction or reconstruction of marked
Trunk Highway 212 as a four-lane divided
highway from County Road 11 in Carver
County to County Road 43 in Carver County.

Sec. 6. MARKED TRUNK HIGHWAY 14

$

90,000,000

The appropriation in this section is in fiscal
year 2018 for acquisition of right-of-way and
construction and reconstruction of marked
Trunk Highway 14 as a four-lane divided
highway from the interchange with marked
Interstate Highway 35 near the city of
Owatonna to the point near the city of Dodge
Center at which marked Trunk Highway 14
constitutes a four-lane divided highway
southeast of the intersection with marked
Trunk Highway 56.

Sec. 7. BOND SALE EXPENSES

$

325,000

This appropriation is to the commissioner of
management and budget for bond sale
expenses under Minnesota Statutes, sections
16A.641, subdivision 8, and 167.50,
subdivision 4, and is available in the amounts
of $175,000 in fiscal year 2018 and $50,000
in each fiscal year from 2019 to 2021.

Sec. 8. EFFECTIVE DATE.

This article is effective July 1, 2017.

ARTICLE 3

TRANSPORTATION FINANCE

Section 1.

Minnesota Statutes 2016, section 161.081, subdivision 1, is amended to read:

Subdivision 1.

Distribution of five percent.

(a) Pursuant to article 14, section 5, of the
Constitution, five percent of the net highway user tax distribution fund is set aside, and
apportioned to the county state-aid highway fund.

(b) That apportionment is further distributed as follows:

(1) 30.5 percent to the town road account created in section 162.081;

(2) 16 percent to the town bridge account, which is created in the state treasury 46.5
percent to the county state-aid highway fund, consisting of: (i) 30.5 percent to the town road
account created in section 162.081; and (ii) 16 percent to the town bridge account created
in the state treasury; and

(3) 53.5 percent to the flexible highway account created in subdivision 3 (2) 53.5 percent
to the trunk highway fund.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 2.

Minnesota Statutes 2016, section 297A.815, subdivision 3, is amended to read:

Subd. 3.

Motor vehicle lease sales tax revenue.

(a) For purposes of this subdivision,
"net revenue" means an amount equal to the revenues, including interest and penalties,
collected under this section, during the fiscal year; less $32,000,000 in each fiscal year.

(b) On or before June 30 of each fiscal year, the commissioner of revenue shall estimate
the amount of the net revenue revenues, including interest and penalties, collected under
this section for the current fiscal year.

(c) On or after July 1 (b) By July 15 of the subsequent fiscal year, the commissioner of
management and budget shall must transfer the net revenue revenues as estimated in
paragraph (b) (a) from the general fund, as follows:

(1) $9,000,000 annually until January 1, 2015, and 50 percent annually thereafter

36 percent to the county state-aid highway fund. Notwithstanding any other law to the
contrary, the commissioner of transportation shall allocate the funds transferred under this
clause to the counties in the metropolitan area, as defined in section 473.121, subdivision
4, excluding the counties of Hennepin and Ramsey, so that each county shall receive of
such amount the percentage that its population, as defined in section 477A.011, subdivision
3, estimated or established by July 15 of the year prior to the current calendar year, bears
to the total population of the counties receiving funds under this clause; and

(2) the remainder 36 percent to the greater Minnesota transit account; and

(3) the remainder to the highway user tax distribution fund.

(c) As part of the transfer that must occur by July 15, 2018, in addition to any amounts
transferred under paragraph (b), the commissioner of management and budget must transfer
$10,000,000 of the revenues as estimated in paragraph (a) from the general fund to the small
cities assistance account under section 162.145.

EFFECTIVE DATE.

This section is effective beginning with the estimate that must
be completed on or before June 30, 2018, for a transfer that occurs by July 15, 2018.

Sec. 3.

Minnesota Statutes 2016, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner shall deposit the revenues,
including interest and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for the
construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment was
made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of management and budget shall certify to the commissioner the date on
which the project received the conditional commitment. The amount deposited in the loan
guaranty account must be reduced by any refunds and by the costs incurred by the Department
of Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties, derived
from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general fund.

(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit
in the state treasury the revenues collected under section 297A.64, subdivision 1, and credit
them to the highway user tax distribution fund.

(e) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(e) (f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the
deposit of revenues under paragraph (d), the commissioner shall deposit into the state
treasury and credit to the highway user tax distribution fund an amount equal to the estimated
revenues derived from the tax rate imposed under section 297A.62, subdivision 1, on the
lease or rental for not more than 28 days of rental motor vehicles subject to section 297A.64.
The commissioner shall estimate the amount of sales tax revenue deposited under this
paragraph based on the amount of revenue deposited under paragraph (d).

(g) Starting after July 1, 2017, the commissioner shall deposit an amount of the
remittances monthly into the state treasury and credit them to the highway user tax
distribution fund as a portion of the estimated amount of taxes collected from the sale and
purchase of motor vehicle repair parts in that month. For the remittances between July 1,
2017, and June 30, 2019, the monthly deposit amount is $10,282,000. For remittances in
each subsequent fiscal year, the monthly deposit amount is $13,957,000. For purposes of
this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11,
and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories,
and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle
maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor
vehicle as part of the motor vehicle maintenance or repair.

(h) 72.43 percent of the revenues, including interest and penalties, transmitted to the
commissioner under section 297A.65, must be deposited by the commissioner in the state
treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account in
the game and fish fund, and may be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation, restoration, and enhancement of land,
water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may
be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund, and may
be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory,
and the Duluth Zoo.

(f) (i) The revenue dedicated under paragraph (e) (h) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue shall
supplement traditional sources of funding for those purposes. Land acquired with money
deposited in the game and fish fund under paragraph (e) (h) must be open to public hunting
and fishing during the open season, except that in aquatic management areas or on lands
where angling easements have been acquired, fishing may be prohibited during certain times
of the year and hunting may be prohibited. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or protection of fish and wildlife
resources under paragraph (e) (h) must be allocated for field operations.

(g) (j) The revenues deposited under paragraphs (a) to (f) (i) do not include the revenues,
including interest and penalties, generated by the sales tax imposed under section 297A.62,
subdivision 1a, which must be deposited as provided under the Minnesota Constitution,
article XI, section 15.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 4.

Minnesota Statutes 2016, section 297A.992, subdivision 2, is amended to read:

Subd. 2.

Authorization; rates.

(a) Notwithstanding section 297A.99, subdivisions 1,
2, and 3, or 477A.016, or any other law, the board of a county participating in a joint powers
agreement as specified in this section shall impose by resolution (1) a transportation sales
and use tax at a rate of one-quarter of one percent on retail sales and uses taxable under this
chapter, and (2) an excise tax of $20 per motor vehicle, as defined in section 297B.01,
subdivision 11, purchased or acquired from any person engaged in the business of selling
motor vehicles at retail, occurring within the jurisdiction of the taxing authority. The taxes
authorized are to fund transportation improvements as specified in this section, including
debt service on obligations issued to finance such improvements pursuant to subdivision 7.

(b) The tax imposed under this section is not included in determining if the total tax on
lodging in the city of Minneapolis exceeds the maximum allowed tax under Laws 1986,
chapter 396, section 5, as amended by Laws 2001, First Special Session chapter 5, article
12, section 87, or in determining a tax that may be imposed under any other limitations.

(c) A county participating in a joint powers agreement as specified in this section may
impose an additional transportation sales and use tax at a rate of one-fifth of one percent
on retail sales and uses taxable under this chapter. Before imposing a tax authorized by this
paragraph, the imposition of the tax must be approved by a majority of voters at a general
election. The proceeds of the taxes imposed under this paragraph must be used for the
purposes specified in section 297A.993, subdivision 2.

ARTICLE 4

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2016, section 85.016, is amended to read:

85.016 BICYCLE TRAIL PROGRAM.

The commissioner of natural resources shall must establish a program for the development
of bicycle trails utilizing the state trails authorized by section 85.015, other state parks and
recreation land, and state forests. "Bicycle trail," as used in this section, has the meaning
given in section 169.011. The program shall must be coordinated with the local park trail
grant program established by the commissioner pursuant to section 85.019, with the bikeway
program state bicycle routes established by the commissioner of transportation pursuant to
section 160.265 160.266, and with existing and proposed local bikeways. In the metropolitan
area as defined in section 473.121, the program shall must be developed in accordance with
plans and priorities established by the Metropolitan Council. The commissioner shall must
provide technical assistance to local units of government in planning and developing bicycle
trails in local parks. The bicycle trail program shall must, as a minimum, describe the
location, design, construction, maintenance, and land acquisition needs of each component
trail and shall give due consideration to the model standards for the establishment of
recreational vehicle lanes promulgated by the commissioner of transportation pursuant to
section 160.262. The program shall must be developed after consultation with the state trail
council and regional and local units of government and bicyclist organizations.

Sec. 2.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to
read:

Subd. 7.

Clean Air Act settlement money.

"Clean Air Act settlement money" means
money required to be paid to the state as a result of litigation or settlements of alleged
violations of the federal Clean Air Act, United States Code, title 42, section 7401, et seq.,
or rules adopted thereunder, by an automobile manufacturer. The commissioner of
management and budget must establish the Clean Air Act settlement account in the
environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of
management and budget must deposit Clean Air Act settlement money into the Clean Air
Act settlement account. Clean Air Act settlement money must not be spent until it is
specifically appropriated by law. The commissioner of management and budget must
eliminate the Clean Air Act settlement account in the environmental fund after all Clean
Air Act settlement money has been expended.

Sec. 3.

Minnesota Statutes 2016, section 160.02, is amended by adding a subdivision to
read:

Subd. 1a.

Bikeway.

"Bikeway" means a bicycle lane, bicycle path, shared use path,
bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive
use of bicycles or for shared use with other transportation modes.

Sec. 4.

Minnesota Statutes 2016, section 160.02, subdivision 27, is amended to read:

Subd. 27.

Roadway; bicycle lane; bicycle route; bicycle path; bikeway.

The terms
"roadway," "bicycle lane," "bicycle route," and "bicycle path," and "bikeway" have the
meanings given in section 169.011.

Sec. 5.

Minnesota Statutes 2016, section 160.02, is amended by adding a subdivision to
read:

Subd. 27a.

Shared use path.

"Shared use path" means a bicycle facility that is (1)
physically separated from motorized vehicular traffic by an open space or barrier, (2) located
within either the highway right-of-way or an independent right-of-way, and (3) available
for use by other nonmotorized users.

Sec. 6.

Minnesota Statutes 2016, section 160.262, subdivision 1, is amended to read:

Subdivision 1.

Model standards Powers.

(a) The legislature determines that it is in the
interests of the public health, safety and welfare, to provide for the addition of bicycle and
recreational vehicle lanes bikeways to proposed and existing public highways. The
commissioner of transportation shall adopt, in the manner provided in chapter 14, model
standards for the establishment of recreational vehicle lanes on and along proposed and
existing public highways. The model standards shall include but not be limited to the
following: (a) criteria for desirability of a lane in any given location, (b) provision for
maintenance of the lanes, and (c) the placement of the lanes in relation to roads. The model
standards shall govern state trunk highways. The commissioner of transportation is authorized
to plan, design, establish, and maintain bikeways on the right-of-way of any trunk highway.
The commissioner is responsible for the design and construction of all bikeway projects
within the right-of-way of any trunk highway. The commissioner must consider the
development of bikeways during the planning, design, construction, reconstruction, or
improvement of any trunk highway, or allow the establishment of such bikeways within
trunk highway right-of-way.

(b) The commissioner must maintain bikeway design guidelines consistent with the state
transportation goals in section 174.01.

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

(d) The commissioner must maintain bikeways within the limits of trunk highway
right-of-way unless a written agreement or limited use permit provides otherwise.

Sec. 7.

Minnesota Statutes 2016, section 160.262, subdivision 3, is amended to read:

Subd. 3.

Cooperation among agencies and governments.

The following departments
and agencies shall cooperate in providing on the nonmotorized transportation advisory
committee identified in section 174.37 must provide information and advice for amendments
to the model standards the bikeway design guidelines maintained by the commissioner of
transportation: the Departments of Agriculture, Transportation, Natural Resources,
Commerce, and Employment and Economic Development, and the Board of Water and Soil
Resources. The commissioner may cooperate with and enter into agreements with the United
States government, any department of the state of Minnesota, any unit of local government
and, any tribal government, or any public or private corporation in order to effect the purposes
of this section.

Sec. 8.

Minnesota Statutes 2016, section 160.262, subdivision 4, is amended to read:

Subd. 4.

Design-build bridges for nonmotorized vehicles.

For streets and highways,
the commissioner shall must allow for the acceptance of performance-specification bids,
made by the lowest responsible bidder, for constructing design-build bridges for bicycle
paths, bicycle trails, bikeways and pedestrian facilities that are:

(1) designed and used primarily for nonmotorized transportation, but may allow for
motorized wheelchairs, golf carts, necessary maintenance vehicles and, when otherwise
permitted by law, rule, or ordinance, snowmobiles; and

(2) located apart from any road or highway or protected by barriers, provided that a
design-built bridge may cross over and above a road or highway.

Sec. 9.

Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision to
read:

Subd. 1a.

State bicycle route; definition.

For the purposes of this section, "state bicycle
route" means a linear series of one or more roads or bikeways that is designated for bicycle
travel, regardless of whether for exclusive use by bicycles or shared use with other modes
of transportation.

Sec. 10.

Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision
to read:

Subd. 1b.

State bicycle routes.

The commissioner of transportation must identify state
bicycle routes primarily on existing road right-of-way and trails. State bicycle routes must
be identified in cooperation with road and trail authorities, including the commissioner of
natural resources, and with the advice of the advisory committee on nonmotorized
transportation under section 174.37. In a metropolitan area, state bicycle routes must be
identified in coordination with the plans and priorities established by metropolitan planning
organizations, as defined in United States Code, title 23, section 134.

Sec. 11.

Minnesota Statutes 2016, section 160.266, subdivision 3, is amended to read:

Subd. 3.

Connections with other bikeways.

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

(1) identify existing bikeways of regional significance that are in reasonable proximity
but not connected to the bikeway state bicycle routes established in under this section,
including but not limited to the Lake Wobegon Trail in the counties of Stearns and Todd;
and

(2) support development of linkages between bikeways identified under clause (1) and
the bikeway state bicycle routes established in under this section.

(b) The requirements of this subdivision are a secondary priority for use of funds available
under this section following establishment and enhancement of the bikeway state bicycle
routes under subdivision 1 this section.

Sec. 12.

Minnesota Statutes 2016, section 160.266, subdivision 4, is amended to read:

Subd. 4.

Cooperation with other entities.

The commissioner may contract and enter
into agreements with federal agencies, other state agencies, local governments, and tribal
governments, or private entities to establish, develop, maintain, and operate the bikeway
state bicycle routes and to interpret associated natural and cultural resources.

Sec. 13.

Minnesota Statutes 2016, section 160.266, subdivision 5, is amended to read:

Subd. 5.

Funding.

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

Sec. 14.

Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision
to read:

Subd. 6.

Mississippi River Trail.

The Mississippi River Trail bikeway must originate
at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallel
the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk Rapids
in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County, St. Paul
in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County, Wabasha
in Wabasha County, Winona in Winona County, and La Crescent in Houston County to
Minnesota's boundary with Iowa and there terminate. Where opportunities exist, the bikeway
may be designated on both sides of the Mississippi River.

Sec. 15.

Minnesota Statutes 2016, section 160.266, is amended by adding a subdivision
to read:

Subd. 7.

North Star Bicycle Route.

The North Star Bicycle Route must originate in the
city of St. Paul in Ramsey County, then proceed north through the cities of North Branch
in Chisago County, Hinckley in Pine County, Carlton in Carlton County, Duluth in St. Louis
County, Two Harbors in Lake County, and Grand Marais in Cook County to Minnesota's
boundary with Canada and there terminate. Notwithstanding subdivision 5 or any law to
the contrary, the commissioner must not spend trunk highway funds on creating, constructing,
marking, or maintaining this route.

Sec. 16.

Minnesota Statutes 2016, section 161.088, subdivision 4, is amended to read:

Subd. 4.

Project eligibility.

(a) The commissioner shall establish eligibility requirements
for projects that can be funded under the program. Eligibility must include are:

(1) consistency with the statewide multimodal transportation plan under section 174.03;

(2) location of the project on an interregional corridor, for a project located outside of
the Department of Transportation metropolitan district;

(3) placement into at least one project classification under subdivision 3;

(4) a maximum length of time, as determined by the commissioner, until commencement
of construction work on the project; and

(5) for each type of project classification under subdivision 3, a maximum allowable
amount for the total project cost estimate, as determined by the commissioner with available
data.

(b) A project whose construction is programmed in the state transportation improvement
program is not eligible for funding under the program. This paragraph does not apply to a
project that is programmed as result of selection under this section.

(c) A project may be, but is not required to be, identified in the 20-year state highway
capital investment plan under section 174.03.

Sec. 17.

Minnesota Statutes 2016, section 161.088, subdivision 5, is amended to read:

Subd. 5.

Project selection process; criteria.

(a) The commissioner shall must establish
a process for identification, evaluation, and selection of to identify, evaluate, and select
projects under the program. The process must be consistent with the requirements of this
subdivision and must not include any additional evaluation criteria.

(b) As part of the project selection process, the commissioner shall must annually accept
recommendations on candidate projects from area transportation partnerships and other
interested stakeholders in each Department of Transportation district. The commissioner
must determine the eligibility for each candidate project identified under this paragraph,
the commissioner shall determine eligibility, classify, and if appropriate, evaluate the project
for the program. For each eligible project, the commissioner must classify and evaluate the
project for the program.

(c) Project evaluation and prioritization must be performed on the basis of objective
criteria, which must include Projects must be evaluated using the following criteria:

(1) a return on investment measure that provides for comparison across eligible projects;

(2) measurable impacts on commerce and economic competitiveness;

(3) efficiency in the movement of freight, including but not limited to:

(i) measures of annual average daily traffic and commercial vehicle miles traveled, which
may include data near the project location on that trunk highway or on connecting trunk
and local highways; and

(ii) measures of congestion or travel time reliability, which may be within or near the
project limits, or both;

(4) improvements to traffic safety;

(5) connections to regional trade centers, local highway systems, and other transportation
modes;

(6) the extent to which the project addresses multiple transportation system policy
objectives and principles; and

(7) support and consensus for the project among members of the surrounding community;
and

(8) regional balance throughout the state.

(d) The commissioner must adopt a policy that assigns a weight to each criteria under
paragraph (c). This policy must be applied consistently to each project evaluated. Each
project must be assigned a score based on the evaluation. The projects must be prioritized
based on the score. The list of all projects evaluated must be made public and must include
the score of each project.

(e) As part of the project selection process, the commissioner may divide funding to be
separately available among projects within each classification under subdivision 3, and may
apply separate or modified criteria among those projects falling within each classification.

Sec. 18.

Minnesota Statutes 2016, section 161.088, is amended by adding a subdivision
to read:

Subd. 6a.

Corridors of commerce long-term plan.

The commissioner must create a
corridors of commerce long-term plan that includes all projects deemed eligible for the
program. The projects in the long-term plan must be prioritized based on the score assigned
under subdivision 5. The commissioner may create a plan for each district or for the entire
state.

Sec. 19.

Minnesota Statutes 2016, section 161.088, subdivision 7, is amended to read:

Subd. 7.

Legislative report; evaluation.

(a) Starting in 2014, annually By November
1 each year, the commissioner shall must electronically submit a report on the corridors of
commerce program to the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation policy and finance. At a minimum, the report must
include:

(1) a summary of the program, including a review of the project selection process,
eligibility and criteria the policy that provides the weight given each criteria, funds expended
in the previous selection cycle, and total funds expended since program inception;

(2) a listing list of projects funded under the program in the previous selection cycle,
including:

(i) project classification;

(ii) a breakdown of project costs and funding sources;

(iii) any future operating costs assigned under subdivision 6; and

(iv) a brief description that is comprehensible to a lay audience;

(3) a listing list of all candidate project recommendations required under subdivision 5,
paragraph (b), including the eligibility determination for each project and, for eligible
projects, the project classification and disposition in the selection process; and

(4) a list of all projects evaluated and the score for each project; and

(5) any recommendations for changes to statutory requirements of the program.

(b) Starting in 2016, and In every even-numbered year thereafter, the commissioner
shall must incorporate into the report the results of an independent evaluation of impacts
and effectiveness of the program. The evaluation must be performed by agency staff or a
consultant. The individual or individuals performing the evaluation must have experience
in program evaluation, but must not be regularly involved in the program's implementation.

Sec. 20.

Minnesota Statutes 2016, section 161.115, subdivision 190, is amended to read:

Subd. 190.

Route No. 259.

Beginning at a point on Statutory Route No. 100, at or near
Henderson; thence extending in a general southeasterly direction to a point on Statutory
Route No. 123, at or near Le Sueur.

EFFECTIVE DATE.

This section is effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner of transportation
and the governing body of Le Sueur County to transfer jurisdiction of Legislative Route
No. 123 and after the commissioner notifies the revisor of statutes under section 43, paragraph
(b).

Sec. 21.

Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:

Subd. 83.

Senator Jim Metzen Memorial Highway.

That segment of marked Trunk
Highway 52 located within Dakota County is designated as "Senator Jim Metzen Memorial
Highway." Notwithstanding section 161.139, the commissioner shall adopt a suitable design
to mark this highway and erect appropriate signs.

Sec. 22.

Minnesota Statutes 2016, section 161.21, subdivision 1, is amended to read:

Subdivision 1.

Location and design of highways.

The commissioner may make or
cause to be made such studies and investigations as the commissioner deems necessary for
the purpose of determining the most advantageous location and design of trunk highways
from the standpoint of both present and future traffic needs, and in making such
determinations the commissioner may take into consideration the probable future
development of both urban and rural areas and the effect of such development on future
traffic needs as indicated by such studies and investigations and the location and design
with respect to recreational vehicle lane bikeway establishment.

Sec. 23.

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

Subd. 6.

Rules; eligibility.

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

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

(1) May 1, 2012;

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

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

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

Sec. 24.

Minnesota Statutes 2016, section 161.44, subdivision 5, is amended to read:

Subd. 5.

Conveyance to highest bidder in certain cases.

If the larger tract has been
platted into lots or divided into smaller tracts and the commissioner elects to proceed under
this subdivision, or if the lands constituted an entire tract and the person from whom the
lands were acquired and the person's spouse are deceased, or if the offers as provided for
received are not accepted and the amount of money not tendered within the time prescribed,
the lands may be sold and conveyed to the owner of the land abutting upon the lands in the
same manner and under the same terms provided under subdivision 2, or the commissioner
may sell the lands to the highest responsible bidder upon three weeks' published notice of
such sale in a newspaper or other periodical of general circulation in the general area where
the lands are located. All bids may be rejected and new bids received upon like advertisement.

Sec. 25.

Minnesota Statutes 2016, section 161.44, subdivision 6a, is amended to read:

Subd. 6a.

Services of licensed real estate broker.

If the lands remain unsold after being
offered for sale to the highest bidder are withdrawn from sale under subdivision 6b, the
commissioner may retain the services of a licensed real estate broker to find a buyer. The
sale price may be negotiated by the broker, but must not be less than 90 percent of the
appraised market value as determined by the commissioner. The broker's fee must be
established by prior agreement between the commissioner and the broker, and must not
exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be
paid to the broker from the proceeds of the sale.

Sec. 26.

Minnesota Statutes 2016, section 161.44, is amended by adding a subdivision to
read:

Subd. 6b.

Unsold lands.

If lands remain unsold after being offered for sale to the highest
bidder, the commissioner may offer the remaining lands to any person who agrees to pay
the minimum bid established for the public sale. The sale must continue until all eligible
lands have been sold or the commissioner withdraws the remaining lands from sale. The
lands to be sold must be listed on the department's Unsold Property Inventory list.

Sec. 27.

Minnesota Statutes 2016, section 169.14, is amended by adding a subdivision to
read:

Subd. 5h.

St. Louis County Road 128.

Notwithstanding any provision to the contrary
in this section, the speed limit on St. Louis County Road 128 in Eagles Nest Township
between Trunk Highway 169 and County Road 989 is 40 miles per hour. Notwithstanding
section 10.49, the segment of County Road 128 described in this subdivision shall be known
as the "Senator Scott Newman Scenic Byway." The commissioner must erect appropriate
signs displaying the 40 miles per hour speed limit and the designated name.

EFFECTIVE DATE.

This section is effective the day following final enactment and
the speed limit shall be effective when the required signs are erected.

Sec. 28.

Minnesota Statutes 2016, section 169.80, subdivision 1, is amended to read:

Subdivision 1.

Limitations; misdemeanor.

(a) It is a misdemeanor for a person to drive
or move, or for the owner to cause or knowingly permit to be driven or moved, on a highway
a vehicle or vehicles of a size or weight exceeding the limitations stated in sections 169.80
to 169.88, or otherwise in violation of sections 169.80 to 169.88, other than section 169.81,
subdivision 5a, and the maximum size and weight of vehicles as prescribed in sections
169.80 to 169.88 shall be lawful throughout this state, and local authorities shall have no
power or authority to alter these limitations except as express authority may be granted in
sections 169.80 to 169.88.

(b) When all the axles of a vehicle or combination of vehicles are weighed separately
the sum of the weights of the axles so weighed shall be evidence of the total gross weight
of the vehicle or combination of vehicles so weighed.

(c) When each of the axles of any group that contains two or more consecutive axles of
a vehicle or combination of vehicles have been weighed separately the sum of the weights
of the axles so weighed shall be evidence of the total gross weight on the group of axles so
weighed.

(d) When, in any group of three or more consecutive axles of a vehicle or combination
of vehicles any axles have been weighed separately and two or more axles consecutive to
each other in the group have been weighed together, the sum of the weights of the axles
weighed separately and the axles weighed together shall be evidence of the total gross weight
of the group of axles so weighed.

(e) The provisions of sections 169.80 to 169.88 governing size, weight, and load shall
do not apply to a fire apparatus, or to a vehicle operated under the terms of a special permit
issued as provided by law.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29.

Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision
to read:

Subd. 4.

Certain emergency vehicles.

The provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a police special response
vehicle, or a licensed land emergency ambulance service vehicle.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 30.

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

Subd. 3.

Requirements; restrictions.

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

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

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

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

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

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

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

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

(8) must have brakes on all wheels.

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

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

Sec. 31.

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

Subd. 6.

Certain convictions not recorded.

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

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

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

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

(c) Except as provided in paragraph (d), the department shall not keep on the record of
a driver any conviction for a violation of a speed limit of 45 miles per hour on marked
Interstate Highway 35E in the city of St. Paul, from its intersection with West Seventh Street
to its intersection with marked Interstate Highway 94, unless the violation consisted of a
speed greater than ten miles per hour in excess of the speed limit.

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

Sec. 32.

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

Subd. 1a.

Revision of statewide multimodal transportation plan.

(a) The commissioner
shall must revise the statewide multimodal transportation plan by January 15, 2013 2022,
and by January 15 of every four five years thereafter. Before final adoption of a revised
plan, the commissioner shall must hold a hearing to receive public comment on the
preliminary draft of the revised plan.

(b) Each revised statewide multimodal transportation plan must:

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

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

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

Sec. 33.

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

Subd. 1c.

Statewide highway 20-year capital investment plan.

By January 15, 2013,
and In conjunction with Within one year of each future revision of the statewide multimodal
transportation plan under subdivision 1a, the commissioner shall must prepare a 20-year
statewide highway capital investment plan that:

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

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

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

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

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

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

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

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

Sec. 34.

[174.38] ACTIVE TRANSPORTATION PROGRAM.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) "Bond-eligible cost" means:

(1) expenditures under this section for acquisition of land or permanent easements,
predesign, design, preliminary and final engineering, environmental analysis, construction,
and reconstruction of publicly owned infrastructure for nonmotorized transportation in
Minnesota with a useful life of at least ten years;

(2) preparation of land for which a nonmotorized transportation route is established,
including demolition of structures and remediation of any hazardous conditions on the land;
and

(3) the unpaid principal on debt issued by a political subdivision for a nonmotorized
transportation project.

(c) "Commissioner" means the commissioner of transportation.

Subd. 2.

Program established.

The commissioner must establish a program to support
bicycling, pedestrian activities, and other forms of nonmotorized transportation.

Subd. 3.

Active transportation accounts.

(a) An active transportation account is
established in the bond proceeds fund. The account consists of state bond proceeds
appropriated to the commissioner. Money in the account must be expended only on
bond-eligible costs of a project receiving financial assistance under this section. All uses
of funds from the account must be for publicly owned property.

(b) An active transportation account is established in the special revenue fund. The
account consists of funds provided by law and any other money donated, allotted, transferred,
or otherwise provided to the account. Money in the account must be expended only on a
project that receives financial assistance under this section.

(c) In each federal fiscal year, the commissioner must transfer $16,000,000 of the National
Highway Performance Program funds to the active transportation account.

Subd. 4.

Program administration.

(a) The commissioner must establish program
requirements, including:

(1) assistance eligibility, subject to the requirements under paragraph (b);

(2) a solicitation and application process that minimizes the burden on applicants; and

(3) procedures to award and pay financial assistance.

(b) Eligible recipients of financial assistance under this section are:

(1) a political subdivision; and

(2) a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code, as
amended.

(c) The commissioner must make reasonable efforts to publicize each application
solicitation among all eligible recipients. The commissioner must assist applicants to create
and submit applications, with an emphasis on providing assistance in communities that are
historically and currently underrepresented in local or regional planning, including
communities of color, low-income households, people with disabilities, and people with
limited English proficiency.

(d) The commissioner may provide grants or other financial assistance for a project.

(e) The commissioner is prohibited from expending more than one percent of available
funds in a fiscal year under this section on program administration.

Subd. 5.

State general obligation bond funds.

Minnesota Constitution, article XI,
section 5, clause (a), requires that state general obligation bonds be issued to finance only
the acquisition or betterment of public land, buildings, and other public improvements of a
capital nature. The legislature has determined that many nonmotorized transportation
infrastructure projects constitute betterments and capital improvements within the meaning
of the Minnesota Constitution and capital expenditures under generally accepted accounting
principles, and will be financed more efficiently and economically under this section than
by direct appropriations for specific projects.

Subd. 6.

Use of funds.

(a) For a project funded by state bond proceeds under this section,
financial assistance is limited to bond-eligible costs.

(b) Subject to paragraph (a), the commissioner must determine permissible uses of
financial assistance under this section, which must include:

(1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
but not limited to safe routes to school infrastructure and bicycle facilities and centers; and

(2) noninfrastructure programming, including activities as specified in section 174.40,
subdivision 7a, paragraph (b).

Subd. 7.

Project evaluation and selection.

(a) The commissioner must establish a
project evaluation and selection process that is competitive, criteria-based, and objective.

(b) The process must include criteria and prioritization of projects based on:

(1) the project's inclusion in a municipal or regional nonmotorized transportation system
plan;

(2) the project's location in a jurisdiction with a complete streets policy, as provided
under section 174.75, either in effect or under development with estimated enactment within
six months of the grant award date;

(3) the extent to which the project supports development of continuous and convenient
safe routes to school;

(4) the extent to which the project supports development of routes to and connections
with educational facilities, centers of employment, governmental services, health care
facilities, food sources, transit facilities, and other community destinations;

(5) the project's general benefits to public health and safety;

(6) geographic equity in project benefits, with an emphasis on communities that are
historically and currently underrepresented in local or regional planning, including
communities of color, low-income households, people with disabilities, and people with
limited English proficiency; and

(7) benefits in areas or locations experiencing high rates of pedestrian or bicycle
collisions.

Subd. 8.

Grant cancellation.

If, five years after execution of a grant agreement, the
commissioner determines that the grantee has not proceeded in a timely manner with
implementation of the funded project, the commissioner must cancel the grant. The grantee
must repay to the commissioner all grant money received under the program. Section
16A.642 applies to any appropriation made from the bond proceeds fund to the commissioner
under this section that has not been awarded as financial assistance.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 35.

[174.95] PROJECT SELECTION REQUIREMENTS.

(a) The commissioner, after consultation with the Federal Highway Administration,
metropolitan planning organizations, regional development commissions, area transportation
partnerships, local governments, the Metropolitan Council, and transportation stakeholders,
must develop, adopt, and implement a project evaluation and selection policy to apply to
the standard project selection process. The commissioner may update the policy only after
consultation with the Federal Highway Administration, metropolitan planning organizations,
regional development commissions, area transportation partnerships, local governments,
the Metropolitan Council, and transportation stakeholders. The commissioner must publicize
the policy and updates on the department's Web site and through other effective means
selected by the commissioner.

(b) The policy adopted under this section must include:

(1) a ranking system that assigns scores to each project, the criteria that will be considered,
and the weight of each criterion; the ranking system may consider project readiness as a
criterion for evaluation, but project readiness must not be a major factor in determining the
final score;

(2) a process to inform the stakeholders and the general public of the score for each
project considered, which projects were selected, and which projects were not selected; and

(3) a process that requires the involvement of area transportation partnerships and other
local authorities in the process of ranking and scoring projects.

(c) The projects in the state transportation improvement program must include the score
assigned to the project under this section. The projects must be prioritized based on the
score assigned and executed in that priority order.

(d) The policy required by this section must be adopted by October 1, 2018, and must
be applied to project evaluation and selection that occurs on or after that date. The assigned
scores must first appear in the first state transportation improvement program update that
is completed on or after October 1, 2018.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 36.

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

Subd. 2e.

Exemptions for pipeline welding trucks.

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

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

(2) driver qualifications under section 221.0314, subdivision 2;

(3) driving of commercial motor vehicles under section 221.0314, subdivision 6;

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

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

Sec. 37. ACTIVE TRANSPORTATION PROGRAM RECOMMENDATIONS.

(a) By October 1, 2017, the Advisory Committee on Nonmotorized Transportation under
Minnesota Statutes, section 174.37, must develop and submit recommendations to the
commissioner of transportation regarding the project evaluation and selection processes
under Minnesota Statutes, section 174.38, subdivision 7.

(b) The advisory committee is encouraged to consult with representatives from the
Bicycle Alliance of Minnesota; Minnesota Chamber of Commerce; Metropolitan Council
Transportation Accessibility Advisory Committee; Minnesota Department of Transportation
district area transportation partnerships; organizations representing elderly populations;
public health organizations with experience in active transportation; the Minnesota State
Council on Disability and other Minnesota state councils and commissions, including the
Council on Asian-Pacific Minnesotans, the Minnesota Council on Latino Affairs, the Council
for Minnesotans of African Heritage, the Minnesota Indian Affairs Council, the Office on
the Economic Status of Women, and the Cultural and Ethnic Communities Leadership
Council; and other stakeholders with expertise in equitable active transportation.

(c) In its next annual report under Minnesota Statutes, section 174.37, subdivision 4, the
advisory committee must include a summary of the recommendations under this section
and submit a copy of the report to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance. The report is subject
to Minnesota Statutes, section 3.195.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 38. CONVEYANCE FOR HISTORICAL PURPOSES; MCKINSTRY SURPLUS
LANDS.

(a) Notwithstanding any other law to the contrary, the commissioner may convey as
provided in Minnesota Statutes, section 161.44, land described in paragraph (b), including
any improvements on the lands, owned in fee by the state for trunk highway purposes, but
no longer needed, to the Minnesota Historical Society for historical purposes. The conveyance
must be without financial consideration. The lands conveyed must become a part of the
state's historic sites program under Minnesota Statutes, chapter 138.

(b) The lands that may be conveyed are specifically related to the properties of the
McKinstry Mounds and portions of the McKinstry Village site owned by the Department
of Transportation, located along Trunk Highway 11 in Koochiching County.

Sec. 39. HIGHWAY CONSTRUCTION COSTS STUDY.

Subdivision 1.

Construction costs study; report.

(a) The commissioner of transportation
must enter into an agreement to conduct a study with an organization or entity having
relevant expertise.

(b) At a minimum, the study must include:

(1) an overview of highway construction cost issues;

(2) comparison of costs in Minnesota relative to other states and regions;

(3) identification of factors specific to Minnesota, if any, that contribute to cost
differences;

(4) evaluation of the methodology used for highway construction cost calculation and
indexing in Minnesota, including review of associated best practices; and

(5) specific recommendations for road authorities and legislative changes to reduce
highway construction costs.

(c) By February 15, 2018, the commissioner must submit a report on the study to the
chairs and ranking minority members of the senate and house of representatives committees
with jurisdiction over transportation policy and finance.

Subd. 2.

Project cost comparison report.

By February 15, 2018, the commissioner of
transportation must report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over transportation
policy and finance comparing the estimated cost of projects and the actual cost of projects.
The report must include all projects completed in whole or in part by MnDOT from July 1,
2007, to July 1, 2017. For each project, the report must list the estimated cost of the project
prior to starting the project and the total actual cost for the project after completion. For
each project, if the actual cost was less than the estimated cost, the report must explain how
the excess funds were expended.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 40. INTERSTATE 94/494/694 INTERCHANGE SAFETY IMPROVEMENT
AND CONGESTION RELIEF STUDY.

The commissioner of transportation must conduct a safety improvement and congestion
relief study for the interchange of signed Interstate Highways 94, 494, and 694 in the cities
of Oakdale and Woodbury. At a minimum, the study must (1) provide specific
recommendations to improve the safety of the interchange and reduce congestion at the
interchange and on associated arterial roads, and (2) include cost estimates for each
recommended improvement. The commissioner must report the findings and
recommendations of the study to the chairs and ranking minority members of the senate
and house of representatives committees having jurisdiction over transportation policy and
finance within 180 days after the effective date of this section.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 41. LEGISLATIVE ROUTE NO. 123 REMOVED.

(a) Minnesota Statutes, section 161.115, subdivision 54, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Le Sueur County to transfer jurisdiction of
Legislative Route No. 123 and after the commissioner notifies the revisor of statutes under
paragraph (b).

(b) The revisor of statutes must delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.

Sec. 42. LEGISLATIVE ROUTE NO. 225 REMOVED.

(a) Minnesota Statutes, section 161.115, subdivision 156, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Becker County to transfer jurisdiction of Legislative
Route No. 225 and after the commissioner notifies the revisor of statutes under paragraph
(b).

(b) The revisor of statutes must delete the route identified in paragraph (a) from Minnesota
Statutes when the commissioner of transportation sends notice to the revisor electronically
or in writing that the conditions required to transfer the route have been satisfied.

Sec. 43. MARKED TRUNK HIGHWAY 316 SPEED LIMIT IN HASTINGS;
MORATORIUM AND REPORT.

Subdivision 1.

Moratorium.

The commissioner of transportation is prohibited from
adjusting or requiring adjustment to the speed on marked Trunk Highway 316, known as
Red Wing Boulevard, from the intersection with marked U.S. Highway 61 to Tuttle Drive,
in the city of Hastings. The prohibition in this subdivision does not apply to (1) a local road
authority that is authorized to adjust a speed limit without a traffic and engineering study
as provided in Minnesota Statutes, section 169.14; or (2) establishment of a work zone speed
limit under Minnesota Statutes, section 169.14, subdivision 5d.

Subd. 2.

Legislative report.

(a) By March 1, 2018, the commissioner of transportation
must submit a report on speed limits in the segment of marked Trunk Highway 316 specified
in subdivision 1, to the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation policy and finance. As part of developing the report,
the commissioner must hold at least two hearings at a location within the city of Hastings
regarding proposed speed limit adjustments. This report shall be made within existing funds.

(b) At a minimum, the report must provide details on the decision making process for
proposed speed limit adjustments, summarize and respond to comments from the hearings
required under paragraph (a), and include copies of recent traffic and engineering studies
on adjusting speed limits in Hastings.

EFFECTIVE DATE.

This section is effective retroactively from January 1, 2017.

Sec. 44. REPORT TO LEGISLATURE ON PROJECT SELECTION POLICY.

By February 15, 2018, the commissioner of transportation must report to the chairs and
ranking minority members of the senate and house of representatives committees having
jurisdiction over transportation policy and finance concerning the policy adopted pursuant
to Minnesota Statutes, section 174.95, and how the policy is anticipated to improve the
consistency, objectivity, and transparency of the selection process. The report must include
information on input from members of the public and the organizations identified in
Minnesota Statutes, section 174.95, paragraph (a). The report must also include proposed
legislation to codify the ranking system established in the policy.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 45. REPORT BY COMMISSIONER OF TRANSPORTATION ON MNPASS
LANES.

On or before January 2, 2018, the commissioner of transportation must report to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions with jurisdiction over transportation policy and finance concerning MnPASS
lanes to reduce congestion and raise revenue. The report must be prepared with existing
appropriations. At a minimum, the report must:

(1) for each lane, state the capital costs, maintenance and repair costs, and operation
costs;

(2) for each lane, indicate the current condition and the projected life expectancy;

(3) for each lane, list and explain the cost recovery ratio;

(4) list the amounts of the deposit of revenues made each year since pursuant to Minnesota
Statutes, section 160.93, subdivisions 2 and 2a, including a breakdown of deposits for each
lane for each year the lane has been in existence;

(5) list the cost to participate in the MnPASS program, broken down by each year a lane
has been in existence;

(6) for each lane, list the total number of users, including a breakdown of the total number
of each type of user; and

(7) provide an explanation of how MnPASS lane regulations are enforced.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 46. REPORT BY COMMISSIONER OF TRANSPORTATION ON TOLLING.

On or before January 2, 2018, the commissioner of transportation must report to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions with jurisdiction over transportation policy and finance concerning expanding
the use of tolling in Minnesota in order to reduce congestion and raise revenue. The report
must be prepared with existing appropriations. At a minimum, the report must:

(1) summarize current state and federal laws that affect the use of tolling in this state;

(2) identify any federal pilot projects for which this state is eligible to participate;

(3) discuss the feasibility and cost of expanding use of tolling, the possibility of private
investment in toll roads, and projected costs and cost recovery in establishing, operating,
and maintaining toll roads;

(4) review tolling models and technology options;

(5) summarize the experience of other states that have widely implemented tolling;

(6) identify and evaluate the feasibility of toll implementation for specific corridors;

(7) project the likely range of revenues that could be generated by wider implementation
of tolling and identify the percentage of revenues that are projected to be paid by nonresidents
of the state;

(8) discuss options for use of tolling revenue and measures to ensure compliance with
laws governing operation of toll roads and use of revenues;

(9) recommend and discuss possible ways to reduce cost to Minnesotans, such as tax
deductions or credits, or types of discounts; and

(10) provide recommendations for needed statutory or rule changes that would facilitate
wider implementation of tolling and achieve maximum revenues for the state and equity
for its residents.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 47. REPORT BY COMMISSIONER OF TRANSPORTATION ON
TURNBACKS.

(a) By February 15, 2018, the commissioner of transportation must report to the chairs
and ranking minority members of the senate and house of representatives committees having
jurisdiction over transportation policy and finance concerning turnbacks. At a minimum,
the report must include:

(1) a current list of proposed turnback projects, including a description of each segment
of highway that is to be turned back; a description of the restoration work to be completed;
estimated cost of restoration work; to which entity the highway will be turned back; and
the total estimated cost related to all aspects of the turnback;

(2) the amount that the commissioner of transportation anticipates will be needed for
turnbacks during the next two fiscal years and a list of the turnbacks that will be accomplished
with the anticipated funds;

(3) a description of the turnback process, including an explanation of how turnback
projects are selected; and

(4) for each of the past five years:

(i) the amount of money that accrued to the county turnback account and to the municipal
turnback account;

(ii) a description of each segment of highway that was restored and turned back, including
what restoration work was completed; total cost of restoration work; to which entity the
highway was turned back; and the total cost related to all aspects of the turnback; and

(iii) the amount of surplus funds, if any, that were transferred to the county state-aid
highway fund or to the municipal state-aid street fund pursuant to Minnesota Statutes, section
161.084.

(b) By February 15, 2019, and each year thereafter, the commissioner of transportation
must report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over transportation policy and finance
concerning turnbacks. At a minimum, the report must include:

(1) a current list of proposed turnback projects, including a description of each segment
of highway that is to be turned back; a description of the restoration work to be completed;
estimated cost of restoration work; to which entity the highway will be turned back; and
the total estimated cost related to all aspects of the turnback;

(2) the amount that the commissioner of transportation anticipates will be needed for
turnbacks during the next two fiscal years and a list of the turnbacks that will be accomplished
with the anticipated funds; and

(3) for the past calendar year, a description of each segment of highway that was restored
and turned back, including what restoration work was completed; total cost of restoration
work; to which entity the highway was turned back; and the total cost related to all aspects
of the turnback.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 48. SAFETY IMPROVEMENT PROJECT AT THE INTERSECTION OF
HIGHWAY 55 AND WILKIN COUNTY ROAD 19.

(a) By September 1, 2017, the commissioner of transportation must report to the chairs
and ranking minority members of the senate and house of representatives committees and
divisions with jurisdiction over transportation policy and finance concerning the issue of
trucks stopping on Wilkin County Road 19 between Highway 55 and the railroad tracks
north of Highway 55. The commissioner must identify project options that would allow
trucks to safely stop at this intersection, including an option to add a turn lane on County
Road 19. For each identified project, the commissioner must include an estimated cost and
the estimated time to complete the project. In preparing the report, the commissioner must
consult with the Minn-Dak Farmers Cooperative, the city of Nashua, the town of Champion,
and Wilkin County.

(b) Within 14 days after submitting the report required in paragraph (a), the commissioner
must convene a working group consisting of the commissioner and one representative from
each of the following: Minn-Dak Farmers Cooperative, Nashua city council, Champion
town board, and Wilkin County board. The working group must consider the options
identified in the report submitted pursuant to paragraph (a). If the working group reaches
consensus on a proposed option, MnDOT must pursue that option.

(c) If the working group does not reach a consensus by January 1, 2018, the commissioner
must (1) design and construct a turn lane on the north side of the intersection of Wilkin
County Road 19 with Highway 55, or (2) install a four-way traffic light at the intersection.
The project must be designed so that a school bus or semitrailer is able to stop at the
intersection without extending into cross-traffic or over the railroad tracks.

(d) The commissioner must begin planning and construction of a project required in this
section during the 2018 construction season. A project required under this section must be
completed with the existing funds allocated for the district.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 49. REPEALER.

(a) Minnesota Statutes 2016, sections 160.262, subdivision 2; 160.265; 160.266,
subdivisions 1 and 2; and 161.115, subdivision 32, are repealed.

(b) Minnesota Rules, parts 8810.6000; 8810.6100; 8810.6300; 8810.6400; 8810.6500;
8810.6600; 8810.6700; 8810.6800; 8810.6900; 8810.7000; 8810.9910; 8810.9911;
8810.9912; and 8810.9913, are repealed.

ARTICLE 5

TRANSIT

Section 1.

Minnesota Statutes 2016, section 117.189, is amended to read:

117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.

(a) Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187;
117.188; and 117.52, subdivisions 1a and 4, do not apply to the use of eminent domain
authority by public service corporations for any purpose other than construction or expansion
of:

(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary substations;
or

(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
stations or pumping stations; or

(3) a light rail transit or bus rapid transit line.

(b) For purposes of an award of appraisal fees under section 117.085, the fees awarded
may not exceed $1,500 for all types of property except for a public service corporation's
use of eminent domain for a high-voltage transmission line, where the award may not exceed
$3,000.

(c) For purposes of this section, "pipeline" does not include a natural gas distribution
line transporting gas to an end user.

EFFECTIVE DATE.

This section is effective retroactively from January 1, 2017.

Sec. 2.

Minnesota Statutes 2016, section 473.388, subdivision 2, is amended to read:

Subd. 2.

Replacement service; eligibility.

(a) The council may provide assistance under
the program to a statutory or home rule charter city or town or combination thereof, that:

(a) (1) is located in the metropolitan transit taxing district;

(b) (2) is not served by the council bus service or is served only with council bus routes
which begin or end within the applying city or town or combination thereof; and

(c) (3) has fewer than four scheduled runs of council bus service during off-peak hours
as defined by the Metropolitan Council.

(b) Eligible cities or towns or combinations thereof may apply on behalf of a transit
operator with whom they propose to contract for service.

(c) The council may not provide assistance under this section to a statutory or home rule
charter city or town unless:

(1) the city or town,:

(i) was receiving assistance under Minnesota Statutes 1982, section 174.265, by July 1,
1984,;

(ii) had submitted an application for assistance under that section by July 1, 1984,; or

(iii) had submitted a letter of intent to apply for assistance under that section by July 1,
1984, and submits an application for assistance under this section by July 1, 1988. A statutory
or home rule charter city or town has an additional 12-month extension if it notified the
former regional transit board before July 1, 1988, that the city or town is in the process of
completing a transportation evaluation study that includes an assessment of the local transit
needs of the city or town; or

(2) the city or town submits an application for assistance under this section between July
1, 2017, and December 31, 2017.

Sec. 3.

Minnesota Statutes 2016, section 473.4051, subdivision 2, is amended to read:

Subd. 2.

Operating costs.

(a) After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs for
a light rail transit line must be paid by the state if:

(1) the light rail transit line is in revenue operations as of the effective date of this section;
or

(2) a law is enacted on or after the effective date of this section making an appropriation
that (i) is from state sources, (ii) specifies the light rail transit project, and (iii) is for a portion
of project capital costs.

(b) For a light rail transit line that does not meet the requirements in paragraph (a), all
operating and ongoing capital maintenance costs must be paid from nonstate sources.

(c) For purposes of this subdivision, a light rail transit extension that adds additional
stops is a separate project or light rail transit line.

EFFECTIVE DATE; APPLICABILITY.

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

Sec. 4. METRO MOBILITY ENHANCEMENT TASK FORCE.

Subdivision 1.

Task force established.

A Metro Mobility Enhancement Task Force is
established to examine options to enhance Metro Mobility program service under Minnesota
Statutes, section 473.386. The goal of the task force is to partner with taxi services and
transportation network companies, as defined in Minnesota Statutes, section 65B.472,
subdivision 1, paragraph (e), to increase program service levels and efficiency.

Subd. 2.

Membership.

(a) The task force consists of the following members:

(1) one representative from Metro Mobility, appointed by the Metropolitan Council;

(2) one elected official from each metropolitan county, as defined in Minnesota Statutes,
section 473.121, subdivision 4, each of whom must be from a district or unit of government
that is located within the Metro Mobility service area, appointed by the respective county
board in consultation with cities in that county;

(3) at least one and no more than three individuals representing transportation network
companies, as defined in Minnesota Statutes, section 65B.472, subdivision 1, appointed as
provided under paragraph (b);

(4) at least one and no more than three individuals representing taxi service providers,
appointed as provided in paragraph (c);

(5) one representative appointed by the Transportation Accessibility Advisory Committee
established under Minnesota Statutes, section 473.375, subdivision 9a;

(6) one representative appointed by the Council on Disability;

(7) one individual appointed by the Association of Residential Resources of Minnesota;

(8) one individual, who must reside in a metropolitan county, appointed by the Best
Choice Alliance; and

(9) one individual appointed by the Center for Transportation Studies at the University
of Minnesota.

(b) An interested transportation network company may appoint no more than one person
as a task force member. Appointment under this paragraph is on a first-come, first-appointed
basis by written notification to the Metropolitan Council.

(c) An interested taxi service provider may appoint no more than one person as a task
force number. Appointment under this paragraph is on a first-come, first-appointed basis
by written notification to the Metropolitan Council.

Subd. 3.

Task force duties.

(a) The task force must evaluate the Metro Mobility program,
which must include but is not limited to analysis of customer service, program costs and
expenditures, service coverage area and hours, reservation and scheduling, and buses and
equipment.

(b) The task force must analyze approaches to improve Metro Mobility program service
by using partnerships with transportation network companies. At a minimum, the analysis
must consider:

(1) geographic service areas of transportation network companies;

(2) demand responsiveness and service levels of transportation network companies;

(3) the share of trips in which specially equipped vehicles that comply with the Americans
with Disabilities Act are necessary;

(4) technology accessibility for Metro Mobility customers;

(5) liability considerations; and

(6) integration of billing systems of transportation network companies with current Metro
Mobility fare collection.

(c) The task force must analyze approaches to improve Metro Mobility program service
by incorporating the use of taxi service. At a minimum, the analysis must consider:

(1) availability of taxi service throughout the Metro Mobility service area;

(2) demand responsiveness and service levels of taxi services;

(3) the share of trips in which specially equipped vehicles that comply with the Americans
with Disabilities Act are necessary;

(4) technology accessibility for Metro Mobility customers;

(5) liability considerations;

(6) options for contracting with taxi providers or other methods of billing for taxi rides;
and

(7) the potential to use taxi service to provide an enhanced service option where riders
pay a higher fare than other users of Metro Mobility Services.

(d) The task force must review proposals and models for incorporating transportation
network companies and taxi service providers into transit systems in other service areas.

Subd. 4.

Administration.

(a) Each appointing entity under subdivision 2 must make
appointments and notify the Metropolitan Council by August 1, 2017.

(b) The Metropolitan Council representative appointed to the task force must convene
the initial meeting of the task force no later than September 1, 2017. At the initial meeting,
the members of the task force must elect a chair or cochairs from among the task force
members.

(c) Upon request of the task force, the council must use existing resources to provide
data, information, meeting space, and administrative services.

(d) Members of the task force serve without compensation or payment of expenses.

(e) The task force may accept gifts and grants, which are accepted on behalf of the state
and constitute donations to the Metropolitan Council. Funds received under this paragraph
are appropriated to the Metropolitan Council for purposes of the task force.

Subd. 5.

Legislative report.

(a) By February 15, 2018, the task force must submit a
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance.

(b) At a minimum the report must:

(1) summarize the work of the task force and its findings;

(2) describe the current Metro Mobility program;

(3) identify at least three potential service level approaches that involve partnering with
and incorporating transportation network companies, taxi service providers, or both; and

(4) provide any recommendations for program and legislative changes.

Subd. 6.

Expiration.

The task force under this section expires February 15, 2018, or
upon submission of the report required under subdivision 5, whichever is earlier.

Sec. 5. VIBRATION SUSCEPTIBILITY STUDY ON CALHOUN ISLES
PROPERTY.

Within 21 days of the effective date of this act, the Metropolitan Council must enter into
a contract with an engineering group for the engineering group to conduct a vibration
susceptibility study on Calhoun Isles property, including the high-rise building, townhomes,
and parking ramp. The study must:

(1) evaluate the susceptibility of the Calhoun Isles property to vibration during
construction and during operations of a light rail train;

(2) categorize the Calhoun Isles property based on the susceptibility evaluation; and

(3) address mitigation measures and operational changes required to protect the Calhoun
Isles property from vibratory damage.

The Calhoun Isles Condominium Association must select the engineering group and notify
the Metropolitan Council of the selection within seven days of the effective date of this act.
The Metropolitan Council must bear the entire cost of the study.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 6

DEPARTMENT OF PUBLIC SAFETY

Section 1.

Minnesota Statutes 2016, section 168.013, subdivision 1d, is amended to read:

Subd. 1d.

Trailer.

(a) On trailers registered at a gross vehicle weight of greater than
3,000 pounds, the annual tax is based on total gross weight and is 30 percent of the Minnesota
base rate prescribed in subdivision 1e, when the gross weight is 15,000 pounds or less, and
when the gross weight of a trailer is more than 15,000 pounds, the tax for the first eight
years of vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule,
and during the ninth and succeeding years of vehicle life the tax is 75 percent of the
Minnesota base rate prescribed by subdivision 1e. A trailer registered at a gross vehicle
weight greater than 3,000 pounds but no greater than 7,200 pounds may be taxed either: (1)
annually as provided in this paragraph; or (2) once every three years on the basis of total
gross weight and is 90 percent of the Minnesota base rate prescribed in subdivision 1e,
provided that the filing fee under section 168.33, subdivision 7, paragraph (a), is multiplied
by three, with funds collected by the commissioner allocated proportionally in the same
manner as provided in section 168.33, subdivision 7, paragraph (e).

(b) Farm trailers with a gross weight in excess of 10,000 pounds and as described in
section 168.002, subdivision 8, are taxed as farm trucks as prescribed in subdivision 1c.

(c) Effective on and after July 1, 2001, trailers registered at a gross vehicle weight of
3,000 pounds or less must display a distinctive plate. The registration on the license plate
is valid for the life of the trailer only if it remains registered at the same gross vehicle weight.
The onetime registration tax for trailers registered for the first time in Minnesota is $55.
For trailers registered in Minnesota before July 1, 2001, and for which:

(1) registration is desired for the remaining life of the trailer, the registration tax is $25;
or

(2) permanent registration is not desired, the biennial registration tax is $10 for the first
renewal if registration is renewed between and including July 1, 2001, and June 30, 2003.
These trailers must be issued permanent registration at the first renewal on or after July 1,
2003, and the registration tax is $20.

For trailers registered at a gross weight of 3,000 pounds or less before July 1, 2001, but
not renewed until on or after July 1, 2003, the registration tax is $20 and permanent
registration must be issued.

Sec. 2.

Minnesota Statutes 2016, section 168.021, subdivision 1, is amended to read:

Subdivision 1.

Disability plates; application.

(a) When a motor vehicle registered under
section 168.017, a motorcycle, a motorized bicycle, a one-ton pickup truck, or a self-propelled
recreational vehicle is owned or primarily operated by a permanently physically disabled
person or a custodial parent or guardian of a permanently physically disabled minor, the
owner may apply for and secure from the commissioner (1) immediately, a temporary permit
valid for 30 days if the applicant is eligible for the disability plates issued under this section
and (2) two disability plates with attached emblems, one plate to be attached to the front,
and one to the rear of the motor vehicle, truck, or recreational vehicle, or, in the case of a
motorcycle or a motorized bicycle, one disability plate the same size as a regular motorcycle
plate.

(b) The commissioner shall not issue more than one plate to the owner of a motorcycle
or a motorized bicycle and not more than one set of plates to any owner of another vehicle
described in paragraph (a) at the same time unless the state Council on Disability approves
the issuance of a second plate or set of plates to an owner.

(c) When the owner first applies for the disability plate or plates, the owner must submit
a medical statement in a format approved by the commissioner under section 169.345, or
proof of physical disability provided for in that section.

(d) No medical statement or proof of disability is required when an owner applies for a
plate or plates for one or more vehicles listed in paragraph (a) that are specially modified
for and used exclusively by permanently physically disabled persons.

(e) The owner of a vehicle listed in paragraph (a) may apply for and secure (i)
immediately, a permit valid for 30 days, if the applicant is eligible to receive the disability
plate or plates issued under this section, and (ii) a disability plate or plates for the vehicle
if:

(1) the owner employs a permanently physically disabled person who would qualify for
the disability plate or plates under this section; and

(2) the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 3.

Minnesota Statutes 2016, section 168.021, subdivision 2, is amended to read:

Subd. 2.

Plate design; furnished by commissioner.

The commissioner shall design
and furnish two disability plates, or one disability plate for a motorcycle or a motorized
bicycle that is the same size as a regular motorcycle plate, with attached emblem or emblems
to an eligible owner. The emblem must bear the internationally accepted wheelchair symbol,
as designated in section 326B.106, subdivision 9, approximately three inches square. The
emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant
eligible for a disability plate or plates shall pay the motor vehicle registration fee authorized
by sections 168.013 and 168.09.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 4.

Minnesota Statutes 2016, section 168.021, subdivision 2a, is amended to read:

Subd. 2a.

Plate transfer.

(a) When ownership of a vehicle described in subdivision 1,
is transferred, the owner of the vehicle shall remove the disability plate or plates. The buyer
of the motor vehicle is entitled to receive a regular plate or plates for the vehicle without
further cost for the remainder of the registration period.

(b) Notwithstanding section 168.12, subdivision 1, the disability plate or plates may be
transferred to a replacement vehicle on notification to the commissioner. However, the
disability plate or plates may not be transferred unless the replacement vehicle (1) is listed
under section 168.012, subdivision 1, and, in case of a single plate for a motorcycle or a
motorized bicycle, the replacement vehicle is a motorcycle or a motorized bicycle, and (2)
is owned or primarily operated by the permanently physically disabled person.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 5.

[168.1294] LAW ENFORCEMENT MEMORIAL PLATES.

Subdivision 1.

Issuance of plates.

The commissioner must issue special law enforcement
memorial license plates or a single motorcycle plate to an applicant who:

(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational motor vehicle;

(2) pays an additional fee of $10 for each set of plates;

(3) pays the registration tax as required under section 168.013, along with any other fees
required by this chapter;

(4) contributes $25 upon initial application and a minimum of $5 annually to the law
enforcement memorial account; and

(5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.

Subd. 2.

Design.

The commissioner, in consultation with representatives from the
Minnesota Law Enforcement Memorial Association, must adopt a suitable design for the
plate that must include a blue line with a black line of equal proportion above and below
the blue line, representing the thin blue line.

Subd. 3.

Plates transfer.

On application to the commissioner and payment of a transfer
fee of $5, special plates may be transferred to another qualified motor vehicle that is
registered to the same individual to whom the special plates were originally issued.

Subd. 4.

Exemption.

Special plates issued under this section are not subject to section
168.1293, subdivision 2.

Subd. 5.

Fees.

Fees collected under subdivision 1, clauses (2) and (3), and subdivision
3 are credited to the vehicle services operating account in the special revenue fund.

Subd. 6.

Contributions; memorial account; appropriation.

Contributions collected
under subdivision 1, clause (4), must be deposited in the Minnesota law enforcement
memorial account, which is established in the special revenue fund. Money in the account
is appropriated to the commissioner of public safety. This appropriation is first for the annual
cost of administering the account funds, and the remaining funds are for distribution to the
Minnesota Law Enforcement Memorial Association to be used to further the mission of the
association in assisting the families and home agencies of Minnesota law enforcement
officers who have died in the line of duty.

EFFECTIVE DATE.

This section is effective January 1, 2018, for special law
enforcement memorial plates issued on or after that date.

Sec. 6.

[168.1295] "START SEEING MOTORCYCLES" PLATES.

Subdivision 1.

Issuance of plates.

The commissioner must issue special "Start Seeing
Motorcycles" license plates or a single motorcycle plate to an applicant who:

(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational motor vehicle;

(2) pays a fee of $10 for each set of plates;

(3) pays the registration tax as required under section 168.013, along with any other fees
required by this chapter;

(4) contributes a minimum of $10 annually to the motorcycle safety fund, created under
section 171.06, subdivision 2a, paragraph (a), clause (1); and

(5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.

Subd. 2.

Design.

The representatives of American Bikers for Awareness, Training, and
Education of Minnesota must design the special plate to contain the inscription "Start Seeing
Motorcycles" between the bolt holes on the bottom of the plate with a design area on the
left side of the plate, subject to the approval of the commissioner.

Subd. 3.

Plates transfer.

On application to the commissioner and payment of a transfer
fee of $5, special plates issued under this section may be transferred to another motor vehicle
if the subsequent vehicle is:

(1) qualified under subdivision 1, clause (1), to bear the special plates; and

(2) registered to the same individual to whom the special plates were originally issued.

Subd. 4.

Exemption.

Special plates issued under this section are not subject to section
168.1293, subdivision 2.

Subd. 5.

Fees.

Fees collected under subdivision 1, clause (2), and subdivision 3 are
credited to the vehicle services operating account in the special revenue fund.

Subd. 6.

No refund.

Contributions under this section must not be refunded.

EFFECTIVE DATE.

This section is effective January 1, 2018, for special "Start Seeing
Motorcycles" plates issued on or after that date.

Sec. 7.

Minnesota Statutes 2016, section 168A.09, subdivision 1, is amended to read:

Subdivision 1.

Application, issuance, form, bond, and notice.

In the event a certificate
of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal
representative of the owner named in the certificate may make submit an application to the
department or a deputy registrar for a duplicate in a format prescribed by the department.
The department shall or deputy registrar must issue a duplicate certificate of title if satisfied
that the applicant is entitled thereto to the duplicate certificate of title. The duplicate certificate
of title shall must be plainly marked as a duplicate and mailed or delivered to the owner.
The department shall or deputy registrar must indicate in its the driver and vehicle information
system records that a duplicate certificate of title has been issued. As a condition to issuing
a duplicate certificate of title, the department may require a bond from the applicant in the
manner and format prescribed in section 168A.07, subdivision 1, clause (2). The duplicate
certificate of title shall must contain the legend: "This duplicate certificate of title may be
subject to the rights of a person under the original certificate."

Sec. 8.

[168A.125] TRANSFER-ON-DEATH TITLE TO MOTOR VEHICLE.

Subdivision 1.

Titled as transfer-on-death.

A natural person who is the owner of a
motor vehicle may have the motor vehicle titled in transfer-on-death or TOD form by
including in the application for the certificate of title a designation of a beneficiary or
beneficiaries to whom the motor vehicle must be transferred on death of the owner or the
last survivor of joint owners with rights of survivorship, subject to the rights of secured
parties.

Subd. 2.

Designation of beneficiary.

A motor vehicle is registered in transfer-on-death
form by designating on the certificate of title the name of the owner and the names of joint
owners with identification of rights of survivorship, followed by the words "transfer-on-death
to (name of beneficiary or beneficiaries)." The designation "TOD" may be used instead of
"transfer-on-death." A title in transfer-on-death form is not required to be supported by
consideration, and the certificate of title in which the designation is made is not required to
be delivered to the beneficiary or beneficiaries in order for the designation to be effective.
If the owner of the motor vehicle is married at the time of the designation, the designation
of a beneficiary other than the owner's spouse requires the spouse's written consent.

Subd. 3.

Interest of beneficiary.

The transfer-on-death beneficiary or beneficiaries have
no interest in the motor vehicle until the death of the owner or the last survivor of joint
owners with rights of survivorship. A beneficiary designation may be changed at any time
by the owner or by all joint owners with rights of survivorship, without the consent of the
beneficiary or beneficiaries, by filing an application for a new certificate of title.

Subd. 4.

Vesting of ownership in beneficiary.

Ownership of a motor vehicle titled in
transfer-on-death form vests in the designated beneficiary or beneficiaries on the death of
the owner or the last of the joint owners with rights of survivorship, subject to the rights of
secured parties. The transfer-on-death beneficiary or beneficiaries who survive the owner
may apply for a new certificate of title to the motor vehicle upon submitting a certified death
record of the owner of the motor vehicle. If no transfer-on-death beneficiary or beneficiaries
survive the owner of a motor vehicle, the motor vehicle must be included in the probate
estate of the deceased owner. A transfer of a motor vehicle to a transfer-on-death beneficiary
or beneficiaries is not a testamentary transfer.

Subd. 5.

Rights of creditors.

(a) This section does not limit the rights of any secured
party or creditor of the owner of a motor vehicle against a transfer-on-death beneficiary or
beneficiaries.

(b) The state or a county agency with a claim or lien authorized by section 246.53,
256B.15, 261.04, or 270C.63 is a creditor for purposes of this subdivision. A claim authorized
by section 256B.15 against the estate of an owner of a motor vehicle titled in
transfer-on-death form voids any transfer-on-death conveyance of a motor vehicle as
described in this section. A claim or lien under section 246.53, 261.04, or 270C.63 continues
to apply against the designated beneficiary or beneficiaries after the transfer under this
section if other assets of the deceased owner's estate are insufficient to pay the amount of
the claim. The claim or lien continues to apply to the motor vehicle until the designated
beneficiary sells or transfers it to a person against whom the claim or lien does not apply
and who did not have actual notice or knowledge of the claim or lien.

Sec. 9.

Minnesota Statutes 2016, section 168A.141, is amended to read:

168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.

Subdivision 1.

Certificates surrendered for cancellation.

(a) When a manufactured
home is to be affixed or is affixed, as defined in section 273.125, subdivision 8, paragraph
(b), to real property, and financed by the giving of a mortgage on the real property, the
owner of the manufactured home shall may surrender the manufacturer's certificate of origin
or certificate of title to the department for cancellation. The owner of so that the manufactured
home shall give the department the address and legal description of the becomes an
improvement to real property. The department may require the filing of other information
and is no longer titled as personal property. The department must not issue a certificate of
title for a manufactured home under chapter 168A if the manufacturer's certificate of origin
is or has been surrendered under this subdivision, except as provided in section 168A.142.
Upon surrender of the manufacturer's certificate of origin or the certificate of title, the
department shall issue notice of surrender to the owner, and upon recording an affidavit of
affixation, which the county recorder or registrar of titles, as applicable, shall accept, the
manufactured home is deemed to be an improvement to real property. The notice of surrender
may be recorded in the office of the county recorder or with the registrar of titles if the land
is registered but need not contain an acknowledgment. An affidavit of affixation by the
owner of the manufactured home must include the following information:

(1) the name, residence address, and mailing address of owner or owners of the
manufactured home;

(2) the legal description of the real property in which the manufactured home is, or will
be, located;

(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title
and the notice of surrender;

(4) a written statement from the county auditor or county treasurer of the county where
the manufactured home is located stating that all property taxes payable in the current year,
as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not
applicable;

(5) the name and address of the person designated by the applicant to record the original
affidavit of affixation with the county recorder or registrar of titles for the county where the
real property is located;

(6) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state;

(7) the person designated in clause (5) shall record, or arrange for the recording of, the
affidavit of affixation, accompanied by the fees for recording and for issuing a certified
copy of the notice, including all attachments, showing the recording date; and

(8) upon obtaining the certified copy of the notice under clause (7), the person designated
in the affidavit shall deliver the certified copy to the county auditor of the county in which
the real property to which the manufactured home was affixed is located.

(b) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents presented to the department under this section,
if the documents presented appear to satisfy the requirements of this section. The department
has no obligation to investigate the accuracy of statements contained in the documents.

Subd. 1a.

Affidavit form.

The affidavit referred to in subdivision 1 shall be in
substantially the following form and shall contain the following information.

MANUFACTURED HOME AFFIDAVIT OF AFFIXATION

PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141

Homeowner, being duly sworn, on his or her oath, states as follows:

1. Homeowner owns the manufactured home ("home") described as follows:

.
New/Used	Year	Manufacturer's Name	Model Name or Model No.	Manufacturer's Serial No.	Length/Width

2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is
attached hereto.

3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety
Driver and Vehicle Services is attached hereto.

4. The home is or will be located at the following "Property Address":

.
Street or Route .	City .	County .	State .	Zip Code .

5. The legal description of the property address ("land") is as follows or as attached hereto:

.

.

.

6. The homeowner is the owner of the land.

7. The home is, or shall be promptly upon delivery, anchored to the land by attachment to
a permanent foundation and connected to appropriate residential utilities (e.g., water, gas,
electricity, sewer).

8. The homeowner intends that the home be an immovable permanent improvement to the
land, free of any personal property security interest.

9. A copy of the written statement from the county auditor or county treasurer of the county
in which the manufactured home is then located, stating that all property taxes payable in
the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph
(b)), have been paid, or are not applicable, is attached hereto.

10. The home shall be assessed and taxed as an improvement to the land.

11. The name and address of the person designated by the homeowner to record the original
affidavit of surrender with the county recorder or registrar of titles of the county in which
the real estate is located is:

Name .
Street Address .
City, State, Zip Code .
Phone .
E-mail .

IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of
......., 20...

.	.
Homeowner Signature	Address
.	.
Printed Name	City, State
.
Homeowner Signature (if applicable)
.
Printed Name

This instrument was drafted by, and when recorded return to:

.
.
.

Subscribed and sworn to before me this ....... day of ......., .......

......................................................................
Signature of Notary Public or Other Official

Notary Stamp or Seal

(optional)

Lender's Statement of Intent:

The undersigned ("lender") intends that the home be immovable and a permanent
improvement to the land free of any personal property security interest.

.
Lender
By: .
Authorized Signature
STATE OF . )
. ) ss:
COUNTY OF . )

On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and
for said state, personally appeared

.

personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of
which the individual(s) acted, executed the instrument.

.
Notary Signature
.
Notary Printed Name
Notary Public, State of .
Qualified in the County of .
My commission expires .

Official seal:

Subd. 2.

Perfected security interest avoids cancellation prevents surrender.

The
department may not cancel a certificate of title if, under this chapter, a security interest has
been perfected on the manufactured home. If a security interest has been perfected, the
department shall notify the owner and that each secured party that the must release or satisfy
the security interest prior to proceeding with surrender of the manufacturer's certificate of
origin or certificate of title and a description of the security interest have been surrendered
to the department and that the department will not cancel the certificate of title until the
security interest is satisfied for cancellation. Permanent attachment to real property or the
recording of an affidavit of affixation does not extinguish an otherwise valid security interest
in or tax lien on the manufactured home, unless the requirements of section 168A.141,
subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfied.

Subd. 3.

Notice of security interest avoids surrender.

The manufacturer's certificate
of origin or the certificate of title need not be surrendered to the department under subdivision
1 When a perfected security interest exists, or will exist, on the manufactured home at the
time the manufactured home is affixed to real property, if and the owner has not satisfied
the requirements of section 168A.141, subdivision 1, the owner of the manufactured home
files, or its secured party, may record a notice with the county recorder, or with the registrar
of titles, if the land is registered, stating that the manufactured home located on the property
is encumbered by a perfected security interest and is not an improvement to real property.
The notice must state the name and address of the secured party as set forth on the certificate
of title, the legal description of the real property, and the name and address of the record
fee owner of the real property on which the manufactured home is affixed. When the security
interest is released or satisfied, the secured party shall attach a copy of the release or
satisfaction to a notice executed by the secured party containing the county recorder or
registrar of titles document number of the notice of security interest. The notice of release
or satisfaction must be filed recorded with the county recorder, or registrar of titles, if the
land is registered. Neither the notice described in this subdivision nor the security interest
on the certificate of title is deemed to be an encumbrance on the real property. The notices
provided for in this subdivision need not be acknowledged.

Sec. 10.

Minnesota Statutes 2016, section 168A.142, is amended to read:

168A.142 MANUFACTURED HOME UNAFFIXED FROM REALTY.

Subdivision 1.

Certificate of title requirements.

The department shall issue an initial
certificate of title or reissue a previously surrendered certificate of title for a manufactured
home to an applicant if:

(1) for the purpose of affixing the manufactured home to real property, the owner of the
manufactured home, or a previous owner, surrendered the manufacturer's certificate of
origin or certificate of title to the department as provided in section 168A.141, subdivision
1 or 2;

(2) the applicant provides the written proof evidence specified in subdivision 2 that the
applicant owns (i) the manufactured home and (ii) the real property to which the
manufactured home was affixed as provided under section 273.125, subdivision 8, paragraph
(b);

(3) the applicant provides proof that no liens exist on the manufactured home, including
liens on the real property to which it is affixed; and

(4) (3) the owner of the manufactured home meets fulfills the applicable application
requirements of section 168A.04,; and

(4) the application is accompanied by a written statement from the county auditor or
county treasurer of the county in which the manufactured home is then located and affixed,
stating that all property taxes payable in the current year, as provided under section 273.125,
subdivision 8, paragraph (b), have been paid.

Subd. 2.

Proof Evidence of eligibility for reissuance.

(a) The proof evidence required
under subdivision 1, clauses clause (2) and (3), is as follows:

(1) an affidavit of severance recorded in the office of the county recorder or registrar of
titles, which they shall accept, and whichever applies to the real property, of the county in
which where the affidavit of affixation or notice of surrender was recorded under as required
in section 168A.141, subdivision 1, and the affidavit of severance contains:

(i) the name, residence address, and mailing address of the owner or owners of the
manufactured home;

(ii) a description of the manufactured home being severed, including the name of the
manufacturer; the make, model number, model year, and dimensions, and if available, the
make, model year, and manufacturer's serial number of the manufactured home; and whether
the manufactured home is new or used, such information as may be available from the
previously recorded affidavit of affixation or notice of surrender as required in section
168A.141, subdivision 1; and

(iii) a statement of any facts or information known to the person executing the affidavit
that could affect the validity of the title of the manufactured home or, the existence or
nonexistence of a security interest in the manufactured home or a lien on it, or, and a
statement that no such facts or information are known to the person executing the affidavit;

(2) as an attachment to the affidavit of severance, an opinion by an attorney admitted to
practice law in this state, stating:

(i) the nature of the examination of title performed prior to giving this opinion by the
person signing the opinion;

(ii) that the manufactured home and the real property on which it is located is not subject
to, or pending completion of a refinance, purchase, or sale transaction, and will not be
subject to any recorded mortgages, security interests, liens, or other encumbrances of any
kind;

(iii) that the person signing the opinion knows of no facts or circumstances that could
affect the validity of the title of the manufactured home or the existence or nonexistence of
any recorded mortgages, security interests, or other encumbrances of any kind, other than
property taxes payable in the year the affidavit is signed;

(iv) the person or persons owning record title to the real property to which the
manufactured home has been affixed and the nature and extent of the title owned by each
of these persons; and

(v) that the person signing the opinion has reviewed all provisions of the affidavit of
severance and certifies that they are correct and complete to the best of the knowledge of
the person signing the opinion;

(3) the name and address of the person or, persons designated by the applicant to file a
certified copy of the original affidavit of severance with the county auditor of the county
in which the real estate is located, after the affidavit has been properly recorded in the office
of the county recorder or county registrar of titles, whichever applies to the real property;
and

(4) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state.

(b) The person designated in paragraph (a), clause (3), shall record, or arrange for the
recording of, the affidavit of severance as referenced in that item, accompanied by the fees
for recording and for issuing a certified copy of the affidavit, including all attachments,
showing the recording date.

(c) Upon obtaining the certified copy under paragraph (b), the person designated in the
affidavit shall deliver the certified copy to the county auditor of the county in which the
real estate to which it was affixed is located.

(d) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents presented to the department under this section,
so long as the documents presented appear to satisfy the requirements of this section. The
department has no obligation to investigate the accuracy of statements contained in the
documents.

Subd. 3.

Affidavit form.

The affidavit referred to in subdivision 2 shall be in substantially
the following form and shall contain the following information.

MANUFACTURED HOME AFFIDAVIT OF SEVERANCE

PURSUANT TO MINNESOTA STATUTES, SECTION 168A.142

Homeowner, being duly sworn, on his or her oath, states as follows:

1. Homeowner owns the manufactured home ("home") described as follows:

.
New/Used	Year	Manufacturer's Name	Model Name or Model No.	Manufacturer's Serial No.	Length/Width

2. A copy of the previously surrendered manufacturer's certificate of origin or certificate of
title is attached hereto (if available).

3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety
Driver and Vehicle Services is attached hereto (if available).

4. The home is or will be located at the following "Property Address":

.
Street or Route .	City .	County .	State .	Zip Code .

5. The legal description of the property address ("land") is as follows or as attached hereto:

.

.

.

6. The homeowner does not know of any facts or information that could affect the validity
of title of the manufactured home, except:

.

.

7. The homeowner does not know of any such security interest in the manufactured home
which has not been satisfied or released.

8. A copy of an opinion by an attorney admitted to practice law in Minnesota is attached,
which provides for the required title evidence as set forth in Minnesota Statutes, section
168A.142, subdivision 2, clause (2), items (i) to (v).

9. A copy of the written statement from the county auditor or county treasurer of the county
in which the manufactured home is then located, stating that all property taxes payable in
the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph
(b)), have been paid, or are not applicable, is attached hereto.

10. The name and address of the person designated by the homeowner to record the original
affidavit of surrender with the county recorder or registrar of titles of the county in which
the real estate is located is:

Name .
Street Address .
City, State, Zip Code .
Phone .
E-mail .

IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of
......., 20...

.	.
Homeowner Signature	Address
.	.
Printed Name	City, State
.
Homeowner Signature (if applicable)
.
Printed Name

This instrument was drafted by, and when recorded return to:

.
.

Subscribed and sworn to before me this ....... day of ......., .......

......................................................................

Signature of Notary Public or Other Official

Notary Stamp or Seal

Sec. 11.

[168A.143] MANUFACTURED HOMES; OWNERSHIP AT ISSUE.

Subdivision 1.

Requirements for certificate issuance or reissuance.

When an applicant
is unable to obtain from or locate previous owners no longer holding an interest in the
manufactured home based on a certificate of title, or to locate, obtain, or produce the original
certificate of origin or certificate of title for a manufactured home, and there is no evidence
of a surrendered certificate of title or manufacturer's statement of origin as provided in
section 168A.141, subdivision 1, which has not otherwise been unaffixed or is being
unaffixed as provided in section 168A.142, the department must issue or reissue a certificate
of title to a manufactured home when the applicant submits:

(1) the application, pursuant to the requirements of section 168A.04, in a form prescribed
by the department;

(2) an affidavit that:

(i) identifies the name of the manufacturer and dimensions, and if available, the make,
model number, model year, and manufacturer's serial number of the manufactured home;
and

(ii) certifies the applicant is the owner of the manufactured home, has physical possession
of the manufactured home, knows of no facts or circumstances that materially affect the
validity of the title of the manufactured home as represented in the application, and provides
copies of such ownership documents, so far as the documents exist, including by way of
example:

(A) bill of sale;

(B) financing, replevin, or foreclosure documents;

(C) appraisal;

(D) insurance certification;

(E) personal property tax bill;

(F) landlord certification;

(G) affidavit of survivorship or estate documents;

(H) divorce decree; or

(I) court order;

(3) an affidavit by an attorney admitted to practice law in this state stating:

(i) the attorney has performed a search of the Minnesota Department of Public Safety
Driver and Vehicles Services records within 120 days of the date of application to obtain a
certificate of origin or certificate of title on behalf of the applicant, but was unable to
determine the names or locations of one or more owners or prior owners of the manufactured
home;

(ii) if applicable, the attorney was unable to successfully contact one or more owners,
or prior owners, after providing written notice 45 days prior to the registered and last known
owner by certified mail at the address shown on Driver and Vehicles Services records, or
if the last known address if different from Driver and Vehicles Services records, then also
the last known address as known to the applicant;

(iii) if the attorney is unable to contact one or more owners, or previous owners, by
sending a letter by certified mail, then the attorney must present to the department, as an
attachment to its affidavit, the returned letter as evidence of the attempted contact, or the
acknowledgement of receipt of the letter, together with an affidavit of nonresponse; and

(iv) the attorney knows of no facts or circumstances that materially affect the validity
of the title of the manufactured home as represented in the application, other than property
taxes payable in the year the affidavit is signed; and

(4) payment for required current year taxes and fees as prescribed by the department.

Subd. 2.

Satisfaction of manufactured home security lien; release.

A security interest
perfected under this chapter may be canceled seven years from the perfection date for a
manufactured home, upon the request of the owner of the manufactured home, if the owner
has paid the lien in full or the lien has been abandoned and the owner is unable to locate
the lienholder to obtain a lien release. The owner must send a letter to the lienholder by
certified mail, return receipt requested, stating the reason for the release and requesting a
lien release. If the owner is unable to obtain a lien release by sending a letter by certified
mail, then the owner must present to the department the returned letter as evidence of the
attempted contact, or the acknowledgement of receipt of the letter, together with a copy of
the letter and an owner affidavit of nonresponse.

Subd. 3.

Suspension or revocation of certificate.

(a) Pursuant to section 168A.23, the
department may revoke a previously issued certificate of title issued under this section.

(b) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents submitted to the department under this section,
provided the documents submitted appear to satisfy the requirements of this section. The
department is not required to investigate the accuracy of statements contained in submitted
documents.

Sec. 12.

Minnesota Statutes 2016, section 169.345, subdivision 1, is amended to read:

Subdivision 1.

Scope of privilege.

(a) A vehicle described in section 168.021, subdivision
1, paragraph (a), that prominently displays the certificate authorized by this section or that
bears the disability plate or plates issued under section 168.021 may be parked by or solely
for the benefit of a physically disabled person:

(1) in a designated parking space for disabled persons, as provided in section 169.346;

(2) in a metered parking space without obligation to pay the meter fee and without time
restrictions unless time restrictions are separately posted on official signs; and

(3) without time restrictions in a nonmetered space where parking is otherwise allowed
for passenger vehicles but restricted to a maximum period of time and that does not
specifically prohibit the exercise of disabled parking privileges in that space.

A person may park the vehicle for a physically disabled person in a parking space described
in clause (1) or (2) only when actually transporting the physically disabled person for the
sole benefit of that person and when the parking space is within a reasonable distance from
the drop-off point.

(b) For purposes of this subdivision, a certificate is prominently displayed if it is displayed
so that it may be viewed from the front and rear of the motor vehicle by hanging it from the
rearview mirror attached to the front windshield of the motor vehicle or, in the case of a
motorcycle or a motorized bicycle, is secured to the vehicle. If there is no rearview mirror
or if the certificate holder's disability precludes placing the certificate on the mirror, the
certificate must be displayed on the dashboard of the vehicle. No part of the certificate may
be obscured.

(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not permit
parking in areas prohibited by sections 169.32 and 169.34, in designated no parking spaces,
or in parking spaces reserved for specified purposes or vehicles. A local governmental unit
may, by ordinance, prohibit parking on any street or highway to create a fire lane, or to
accommodate heavy traffic during morning and afternoon rush hours and these ordinances
also apply to physically disabled persons.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 13.

Minnesota Statutes 2016, section 169.345, subdivision 3, is amended to read:

Subd. 3.

Identifying certificate.

(a) The commissioner shall issue (1) immediately, a
permit valid for 30 days if the person is eligible for the certificate issued under this section
and (2) an identifying certificate for a vehicle described in section 168.021, subdivision 1,
paragraph (a), when a physically disabled applicant submits proof of physical disability
under subdivision 2a. The commissioner shall design separate certificates for persons with
permanent and temporary disabilities that can be readily distinguished from each other from
outside a vehicle at a distance of 25 feet or, in the case of a motorcycle or a motorized
bicycle, can be readily secured to the motorcycle or motorized bicycle. An applicant may
be issued up to two certificates if the applicant has not been issued disability plates under
section 168.021.

(b) The operator of a vehicle displaying a certificate has the parking privileges provided
in subdivision 1 only while the vehicle is actually parked while transporting a physically
disabled person.

(c) The commissioner shall cancel all certificates issued to an applicant who fails to
comply with the requirements of this subdivision.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 14.

Minnesota Statutes 2016, section 171.06, subdivision 2a, is amended to read:

Subd. 2a.

Two-wheeled vehicle endorsement fee.

(a) The fee for any duplicate driver's
license obtained for the purpose of adding a two-wheeled vehicle endorsement is increased
by $18.50 for each first such duplicate license and $13 for each renewal thereof. The
additional fee must be paid into the state treasury and credited as follows:

(1) $11 of the additional fee for each first duplicate license, and $7 of the additional fee
for each renewal, must be credited to the motorcycle safety fund, which is hereby created;
provided that ten percent of fee receipts in excess of $750,000 in a fiscal year must be
credited to the general fund.

(2) The remainder of the additional fee must be credited to the general fund.

(b) All application forms prepared by the commissioner for two-wheeled vehicle
endorsements must clearly state the amount of the total fee that is dedicated to the motorcycle
safety fund.

Sec. 15.

Minnesota Statutes 2016, section 256B.15, subdivision 1a, is amended to read:

Subd. 1a.

Estates subject to claims.

(a) If a person receives medical assistance hereunder,
on the person's death, if single, or on the death of the survivor of a married couple, either
or both of whom received medical assistance, or as otherwise provided for in this section,
the amount paid for medical assistance as limited under subdivision 2 for the person and
spouse shall be filed as a claim against the estate of the person or the estate of the surviving
spouse in the court having jurisdiction to probate the estate or to issue a decree of descent
according to sections 525.31 to 525.313.

(b) For the purposes of this section, the person's estate must consist of:

(1) the person's probate estate;

(2) all of the person's interests or proceeds of those interests in real property the person
owned as a life tenant or as a joint tenant with a right of survivorship at the time of the
person's death;

(3) all of the person's interests or proceeds of those interests in securities the person
owned in beneficiary form as provided under sections 524.6-301 to 524.6-311 at the time
of the person's death, to the extent the interests or proceeds of those interests become part
of the probate estate under section 524.6-307;

(4) all of the person's interests in joint accounts, multiple-party accounts, and pay-on-death
accounts, brokerage accounts, investment accounts, or the proceeds of those accounts, as
provided under sections 524.6-201 to 524.6-214 at the time of the person's death to the
extent the interests become part of the probate estate under section 524.6-207; and

(5) assets conveyed to a survivor, heir, or assign of the person through survivorship,
living trust, transfer-on-death of title or deed, or other arrangements.

(c) For the purpose of this section and recovery in a surviving spouse's estate for medical
assistance paid for a predeceased spouse, the estate must consist of all of the legal title and
interests the deceased individual's predeceased spouse had in jointly owned or marital
property at the time of the spouse's death, as defined in subdivision 2b, and the proceeds of
those interests, that passed to the deceased individual or another individual, a survivor, an
heir, or an assign of the predeceased spouse through a joint tenancy, tenancy in common,
survivorship, life estate, living trust, or other arrangement. A deceased recipient who, at
death, owned the property jointly with the surviving spouse shall have an interest in the
entire property.

(d) For the purpose of recovery in a single person's estate or the estate of a survivor of
a married couple, "other arrangement" includes any other means by which title to all or any
part of the jointly owned or marital property or interest passed from the predeceased spouse
to another including, but not limited to, transfers between spouses which are permitted,
prohibited, or penalized for purposes of medical assistance.

(e) A claim shall be filed if medical assistance was rendered for either or both persons
under one of the following circumstances:

(1) the person was over 55 years of age, and received services under this chapter prior
to January 1, 2014;

(2) the person resided in a medical institution for six months or longer, received services
under this chapter, and, at the time of institutionalization or application for medical assistance,
whichever is later, the person could not have reasonably been expected to be discharged
and returned home, as certified in writing by the person's treating physician. For purposes
of this section only, a "medical institution" means a skilled nursing facility, intermediate
care facility, intermediate care facility for persons with developmental disabilities, nursing
facility, or inpatient hospital;

(3) the person received general assistance medical care services under the program
formerly codified under chapter 256D; or

(4) the person was 55 years of age or older and received medical assistance services on
or after January 1, 2014, that consisted of nursing facility services, home and
community-based services, or related hospital and prescription drug benefits.

(f) The claim shall be considered an expense of the last illness of the decedent for the
purpose of section 524.3-805. Notwithstanding any law or rule to the contrary, a state or
county agency with a claim under this section must be a creditor under section 524.6-307.
Any statute of limitations that purports to limit any county agency or the state agency, or
both, to recover for medical assistance granted hereunder shall not apply to any claim made
hereunder for reimbursement for any medical assistance granted hereunder. Notice of the
claim shall be given to all heirs and devisees of the decedent, and to other persons with an
ownership interest in the real property owned by the decedent at the time of the decedent's
death, whose identity can be ascertained with reasonable diligence. The notice must include
procedures and instructions for making an application for a hardship waiver under subdivision
5; time frames for submitting an application and determination; and information regarding
appeal rights and procedures. Counties are entitled to one-half of the nonfederal share of
medical assistance collections from estates that are directly attributable to county effort.
Counties are entitled to ten percent of the collections for alternative care directly attributable
to county effort.

Sec. 16.

Minnesota Statutes 2016, section 297B.01, subdivision 16, is amended to read:

Subd. 16.

Sale, sells, selling, purchase, purchased, or acquired.

(a) "Sale," "sells,"
"selling," "purchase," "purchased," or "acquired" means any transfer of title of any motor
vehicle, whether absolutely or conditionally, for a consideration in money or by exchange
or barter for any purpose other than resale in the regular course of business.

(b) Any motor vehicle utilized by the owner only by leasing such vehicle to others or
by holding it in an effort to so lease it, and which is put to no other use by the owner other
than resale after such lease or effort to lease, shall be considered property purchased for
resale.

(c) The terms also shall include any transfer of title or ownership of a motor vehicle by
other means, for or without consideration, except that these terms shall not include:

(1) the acquisition of a motor vehicle by inheritance from or by bequest of, or
transfer-on-death of title by, a decedent who owned it;

(2) the transfer of a motor vehicle which was previously licensed in the names of two
or more joint tenants and subsequently transferred without monetary consideration to one
or more of the joint tenants;

(3) the transfer of a motor vehicle by way of gift from a limited used vehicle dealer
licensed under section 168.27, subdivision 4a, to an individual, when the transfer is with
no monetary or other consideration or expectation of consideration and the parties to the
transfer submit an affidavit to that effect at the time the title transfer is recorded;

(4) the transfer of a motor vehicle by gift between:

(i) spouses;

(ii) parents and a child; or

(iii) grandparents and a grandchild;

(5) the voluntary or involuntary transfer of a motor vehicle between a husband and wife
in a divorce proceeding; or

(6) the transfer of a motor vehicle by way of a gift to an organization that is exempt from
federal income taxation under section 501(c)(3) of the Internal Revenue Code when the
motor vehicle will be used exclusively for religious, charitable, or educational purposes.

Sec. 17. DRIVER'S LICENSE AGENT IN NEW BRIGHTON.

(a) The commissioner of public safety must revise the appointment of the city of New
Brighton as a driver's license agent to provide authority to operate as a full-service driver
licensing office located in New Brighton city hall. This paragraph applies notwithstanding:
(1) Minnesota Statutes, section 171.061, subdivision 2; (2) requirements under Minnesota
Rules, part 7404.0300, subpart 3; and (3) procedures for county board appointment of a
driver's license agent, including under Minnesota Rules, part 7404.0350. All other provisions
regarding the appointment and operation of a driver's license agent under Minnesota Statutes,
section 171.061, and Minnesota Rules, chapter 7404, apply.

(b) The commissioner must make the appointment under this section within two weeks
of receipt of an appointment application pursuant to the commissioner's procedures under
Minnesota Rules.

APPENDIX

Repealed Minnesota Statutes: S1060-5

160.262 RECREATIONAL VEHICLE LANES.

Subd. 2.

Local regulations; approval for state funding.

Each county and municipality including towns having statutory city powers may adopt the model standards to govern highways under its jurisdiction and may adapt them to local circumstances. Such local regulations shall be submitted to the commissioner of transportation who shall approve them within 60 days after receipt upon finding that they meet the minimum standards established pursuant to this section. Approved local regulations shall qualify the submitting unit of government for state or state-approved funding of recreational vehicle lane projects undertaken pursuant to such regulations.

160.265 BIKEWAY PROGRAM.

Subdivision 1.

State bikeways.

The commissioner of transportation shall establish a program for the development of bikeways primarily on existing road rights-of-way. The program shall include a system of bikeways to be established, developed, maintained, and operated by the commissioner of transportation and a system of state grants for the development of local bikeways primarily on existing road rights-of-way. The program shall be coordinated with the local park trail grant program pursuant to section 85.019, with the bicycle trail program established by the commissioner of natural resources pursuant to section 85.016, with the development of the statewide transportation plan pursuant to section 174.03, and with existing and proposed local bikeways. In the metropolitan area as defined in section 473.121, the program shall be developed in accordance with plans and priorities established by the Metropolitan Council. The program shall be developed after consultation with the State Trail Council, local units of government, and bicyclist organizations. The program shall be administered in accordance with the provisions of sections 160.262 to 160.264 and standards promulgated pursuant thereto. The commissioner shall compile and maintain a current registry of bikeways in the state and shall publish and distribute the information contained in the registry in a form and manner suitable to assist persons wishing to use the bikeways. The Metropolitan Council, the commissioner of natural resources, the commissioner of employment and economic development, the Minnesota Historical Society, and local units of government shall cooperate with and assist the commissioner of transportation in preparing the registry. The commissioner shall have all powers necessary and convenient to establish the program pursuant to this section including but not limited to the authority to adopt rules pursuant to chapter 14.

Subd. 2.

Local bikeway grants.

The commissioner shall provide technical assistance to local units of government in planning and developing bikeways. The commissioner shall make grants to units of government as defined in section 85.019, subdivision 1, for the betterment of public land and improvements needed for local bikeways. In making grants the commissioner shall consider, among other factors, the number of bicycles in the localities. A grant shall not exceed 75 percent of the costs of the betterment of the bikeway. To be eligible for a grant, a unit of government must provide at least 25 percent of the costs of the betterment of the bikeway.

160.266 MISSISSIPPI RIVER TRAIL.

Subdivision 1.

Definitions.

For the purposes of this section:

(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and

(2) "bikeway" has the meaning given in section 169.011, subdivision 9.

Subd. 2.

Creation.

The commissioner, in cooperation with road and trail authorities including the commissioner of natural resources, shall identify a bikeway that originates at Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County, St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County, Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston County to Minnesota's boundary with Iowa and there terminates. Where opportunities exist, the bikeway may be designated on both sides of the Mississippi River.

161.115 ADDITIONAL TRUNK HIGHWAYS.

Subd. 32.

Route No. 101.

Beginning at a point on Route No. 1 at or near Faribault, thence extending in a northerly direction to a point on Route No. 50.

Repealed Minnesota Rule: S1060-5

8810.6000 DEFINITIONS.

Subpart 1.

Scope.

For purposes of these rules and the implementation thereof, the following terms shall have the meanings here given them.

Subp. 2.

Average bicycle traffic volume.

"Average bicycle traffic volume" means the amount of bicycle traffic passing a given point on an average daily basis computed over 180 days during the months of April through September.

Subp. 3.

Average daily traffic.

"Average daily traffic" means the total volume of traffic during a specified but arbitrary time period given in whole days (24 hours), greater than one day, but less than one year, divided by the number of days in the time period; abbreviated ADT.

Subp. 4.

Bicycle.

"Bicycle" means a device propelled by human power upon which a person or persons may ride, having two tandem wheels either of which is over 16 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or rear wheels.

Subp. 5.

Bicycle lane.

"Bicycle lane" means a portion of a roadway designed for preferential use by persons using bicycles. Bicycle lanes may be designed with or without physical barriers to separate or channel bicycle traffic from motor vehicles or pedestrian traffic.

Subp. 6.

Bicycle lane with barrier.

"Bicycle lane with barrier" means a portion of a roadway which has been designated for preferential or exclusive use by bicycles, separated from but a part of that portion of the roadway designed for motor vehicle traffic by a physical barrier such as a curb or a guardrail.

Subp. 7.

Bicycle lane without barrier.

"Bicycle lane without barrier" means a portion of a roadway which has been designated for preferential use by bicycles through pavement markings or other traffic control measures.

Subp. 8.

Bicycle path.

"Bicycle path" means a bicycle facility designed for exclusive use by persons using bicycles and constructed or developed separately from the roadway.

Subp. 9.

Bicycle route.

"Bicycle route" means a roadway signed to encourage bicycle use when no preferential lane is provided. Signing shall be in accordance with the Minnesota Manual of Uniform Traffic Control Devices. Such signing also indicates that safety precautions must be taken by all forms of traffic.

Subp. 10.

Clearway.

"Clearway" is a clear recovery area extending 30 feet outward from the edge of the outside through lane of the roadway where all physical obstacles to out-of-control motor vehicles are eliminated.

Subp. 11.

Controlled access highway.

"Controlled access highway" means every highway, street, or roadway in respect to which the right of access of the owners or occupants of abutting lands and other persons has been acquired and to which the owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

Subp. 12.

Department.

Unless stated otherwise, "department" means the Department of Transportation of this state. Regardless of the department referred to, however, it is to be considered as acting directly or through its duly authorized officers and agents.

Subp. 13.

Driver.

"Driver" means every person who drives or is in actual physical control of a vehicle, or other device upon which a person or property may be transported.

Subp. 14.

Intersection.

"Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another, at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

Subp. 15.

One-way roadway.

"One-way roadway" means a street or roadway designated and signposted for one-way traffic and on which all vehicles are required to move in one indicated direction.

Subp. 16.

Pedestrian walkway; sidewalk.

"Pedestrian walkway" means that portion of the street or highway between curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. An alternate term that may be used is "sidewalk," as defined in Minnesota Statutes, chapter 169. For purposes of these rules a pedestrian walkway may be construed to be a bicycle or recreational vehicle lane but is controlled as to the forms of traffic it may carry other than pedestrians.

Subp. 17.

Recreational vehicle.

"Recreational vehicle" means a special purpose mobile and motive equipment or device not qualifying under the provisions of Minnesota Statutes, chapter 168 for the purposes of taxation in the state of Minnesota, and includes but is not limited to all-terrain vehicles (ATV) and snowmobiles.

Subp. 18.

Recreational vehicle lane.

"Recreational vehicle lane" means that portion of a street or highway or road or way outside of the roadway, improved, designed, or ordinarily used for recreational vehicular travel by the public and placed and maintained by state or local authorities in their respective jurisdictions.

Subp. 19.

Roadway.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for motor vehicular travel. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

Subp. 20.

Rural section.

"Rural section" is a highway design that has wide rights-of-way, open ditches for drainage, and a clearway of 30 feet from the edge of the outside lane.

Subp. 21.

Shoulder.

"Shoulder" means that part of the roadway which is contiguous to the regularly traveled portion of the roadway and is on the same level as the roadway. The shoulder may be pavement, gravel, or earth.

Subp. 22.

Sidewalk.

"Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

Subp. 23.

Street or highway.

"Street or highway" means the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic.

Subp. 24.

Through highway.

"Through highway" means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected.

Subp. 25.

Urban district.

"Urban district" means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.

Subp. 26.

Urban section.

"Urban section" means a roadway design used in urban districts where the right-of-way width is restricted. Because of the restricted right-of-way, there is not enough room for ditches, thus necessitating curbs and gutters.

Subp. 27.

Vehicle.

"Vehicle" means a bicycle or recreational vehicle.

8810.6100 PURPOSE AND SCOPE.

Subpart 1.

Purpose.

The purpose of parts 8810.6000 to 8810.7000 is to carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes, section 160.262, as amended by Laws of Minnesota 1973, chapter 620, section 1, with reference to the establishment of model standards for bicycle and recreational vehicle lanes on and along proposed and existing public roadways and governing state trunk highways.

Subp. 2.

Scope.

The scope of parts 8810.6000 to 8810.7000 is intended to be confined within the framework of and consistent with Minnesota Statutes, section 160.262, and responsive to United States Code, title 23, section 217, as amended by Public Law numbers 93 to 410, the Federal Aid Highway Act of 1973 (bicycle transportation and pedestrian walkways).

8810.6300 CRITERIA FOR DESIRABILITY OF LANES.

Subpart 1.

Design and construction.

The Department of Transportation will have sole jurisdiction to establish bicycle or recreational vehicle lanes on the right-of-way of any state trunk highway. The Department of Transportation will be responsible for all designs and construction on all lane facility projects within the right-of-way of any state trunk highway. Any such services performed for other state agencies or local governmental units will be done on a reimbursable basis. The Department of Transportation may provide services for the development of lane facilities for other agencies and local units of government upon request and upon such terms as may be mutually agreed upon. The Department of Transportation will consider building bicycle or recreational vehicle lane facilities during the construction, reconstruction, or improvement of any trunk highway or permit the establishment of such facilities within state trunk highway right-of-way when:

A.

a proposed highway project destroys an existing lane of demonstrated or potential use and no desirable alternative is available to the user; or

B.

there is no pedestrian or nonmotorized access along or across an existing or proposed grade separated or through trunk highway or intersection in an urban area (example: access to the four quadrants created by two intersecting freeways); or

C.

there are fringe development areas not meeting the urban district definition along trunk highways that have no nonmotorized access (example: residential or commercial development along trunk highways on the outskirts of town); or

D.

the facility is part of a comprehensive trail planning process on a local, regional, or statewide basis, and the facility must materially benefit the safety of the traveling public; such as, the elimination of a potential safety hazard caused by anticipated bicycle or recreational vehicle traffic on or near the roadways of a trunk highway (example: heavy bicycle travel along a trunk highway between a town and an outlying school);

E.

the highway right-of-way can safely accommodate the facility;

F.

there is sufficient projected bicycle or recreational vehicle traffic;

G.

the facility cannot be safely and feasibly constructed and utilized outside of the right-of-way (example: no suitable network of adjacent residential streets or existing parallel facilities exist);

H.

the facility use does not conflict with existing utilities located on highway right-of-way or adjacent land use;

I.

the facility provides commuter transportation; or connects existing or proposed facilities; or connects areas or points of natural, scientific, cultural, historical, educational, or economic interest;

J.

multiuse facilities do not conflict with each other or use during more than one season is feasible.

Subp. 2.

Traffic volume criteria.

Based upon part 8810.9910, the department will consider the establishment of bicycle or recreational vehicle lanes by use and type in accordance with the traffic volumes and other limitations shown. Exceptions to these traffic volume criteria may be made if good cause can be shown and upon approval of the commissioner of transportation.

As motor vehicle traffic volumes increase the form that a bicycle or recreational vehicle lane may take and traffic control measures (or other physical safety precautions built into the facility) will also increase in physical design and safety standards.

Subp. 3.

Bicycle traffic.

The provisions of Minnesota Statutes, section 169.222 shall apply for all persons driving or operating a bicycle upon a roadway. The provisions of Minnesota Statutes, sections 169.09 to 169.13 shall also apply in substance and effect insofar as applicable and consistent with reference to bicycle lanes on trunk highways.

Subp. 4.

Bicycle recreational vehicle traffic.

The provisions of Minnesota Statutes, sections 169.09 to 169.13 shall also apply in substance and effect insofar as applicable and consistent with reference to drivers or operators of bicycle or recreational vehicles on controlled access trunk highways. Minnesota Statutes, sections 169.13 and 169.18shall also apply.

8810.6400 MAINTENANCE CRITERIA.

The responsibility for maintaining bicycle and recreational vehicle lanes within the limits of trunk highway rights-of-way shall be the responsibility of the department of transportation when the facility is located immediately adjacent to the roadway (highway shoulder); or the responsibility of the appropriate local or other governmental unit when the facility is separate from the roadway.

Normal maintenance activities shall be provided for the maintenance of lanes established within trunk highway rights-of-way. These activities shall include, when applicable, but not be limited to: maintenance of drainage; debris removal; sweeping of lane surfaces; mowing and brush removal; surface maintenance; surface grading; snowplowing, when applicable; painting of stripes and stencils.

8810.6500 PLACEMENT OF BICYCLE OR RECREATIONAL VEHICLE LANES.

Bicycle or recreational vehicle lanes built subsequent to the date of adoption of these rules will be placed outside of a 30-foot (9.1 meters) clearway when located within the right-of-way of any state trunk highway with fully controlled access. Exceptions may be made at structure locations including but not limited to bridges.

Bicycle facilities built within the right-of-way of any state trunk highway shall be classified as a route; lane, no barrier; lane with barrier or path as defined in part 8810.6000, subparts 5 to 8. Desirable configurations are indicated in: part 8810.9911 for lane, no barrier; part 8810.9912 for lane with barrier; and part 8810.9913 for path (design for new facilities).

8810.6600 MINIMUM DESIGN STANDARDS.

Subpart 1.

Minimum criteria.

The following standards are minimum criteria which may not be reduced to lesser values and constitute the lowest design limits. The values are not to be used as general design standards, but should generally be exceeded.

Subp. 2.

Vertical clearance.

The vertical clearance between an overhead obstruction and the surface of bicycle or recreational vehicle lanes shall be not less than ten feet (three meters).

Subp. 3.

Lane width.

Bicycle facilities shall have a minimum surfaced width of four feet (1.2 meters) for one-way and six feet (1.8 meters) for two-way travel.

Subp. 4.

Design speed.

The design speed for bicycle facilities shall not be less than ten mph. For downgrades, design speeds may be in the range of 25 mph or greater.

Subp. 5.

Sight distance.

The sight distance to any hazard or potential hazard for a bicycle facility shall be a minimum of 50 feet (15.2 meters).

Subp. 6.

Grades.

Bikeway grades should not exceed five percent except for short distances.

Subp. 7.

Radius of curvature.

The minimum radius of curvature for bikeways is figured by the formula: R = 1.25 V + 1.5

R = radius of curvature in feet

V = velocity in miles per hour.

8810.6700 BICYCLE OR RECREATIONAL VEHICLE ON HIGHWAY.

No provision within these rules shall be deemed to be in conflict with the provisions of Minnesota law with respect to the operations on trunk highway right-of-way of any form of bicycle or recreational vehicle now or hereafter defined. Particular reference is made to Minnesota Statutes, sections 84.81 to 84.87 in this regard.

8810.6800 PUBLIC USE OF TRUNK HIGHWAYS.

No prohibition is intended or implied within these rules as to the rights of the public to use, occupy, traverse, or travel the trunk highways of the state of Minnesota except where such prohibition is established by law or other promulgated rule not a part of these rules.

8810.6900 PRIVATE ROADWAYS.

Nothing in these rules shall be construed to prevent the owner of real property used by the public for purposes of bicycle or recreational vehicular travel by permission of the owner and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in these rules, or otherwise regulating such use as may seem best to such owner.

8810.7000 GRADE RAILROAD CROSSINGS.

In the event a proposed bicycle or recreational vehicle lane intersects at grade the right-of-way and tracks of a railroad, the approval of the Minnesota Transportation Department with respect to the public safety aspects of the crossing shall be first secured.

8810.9910 TRAFFIC CRITERIA: BICYCLE, RECREATIONAL VEHICLE LANE.

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8810.9911 BIKE LANE WITH NO BARRIER.

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8810.9912 BIKE LANE WITH BARRIER.

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8810.9913 DESIRABLE BIKE PATH DESIGN.

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