SF 1164

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; allowing department of 
  1.3             health division of disease prevention and control to 
  1.4             use unmarked motor vehicles and passenger vehicle 
  1.5             license plates; allowing commissioner of 
  1.6             transportation to act as agent to accept federal money 
  1.7             for nonpublic organizations for transportation 
  1.8             purposes; increasing maximum lump sum utility 
  1.9             adjustment amount allowed for relocating utility 
  1.10            facility; eliminating percentage limit for funding 
  1.11            transportation research projects and providing for 
  1.12            federal research funds and research partnerships; 
  1.13            allowing counties more authority in disbursing certain 
  1.14            state-aid highway funds; allowing issuance of permits 
  1.15            for certain wide load transportation; exempting 
  1.16            charter buses from certain weighing procedures; 
  1.17            eliminating requirement to have permit identifying 
  1.18            number affixed to highway billboard; eliminating 
  1.19            legislative route No. 331 from trunk highway system 
  1.20            and turning it back to the jurisdiction of Fillmore 
  1.21            county; extending hazardous material licensing program 
  1.22            to August 1, 1997; allowing fire departments to use 
  1.23            public roads for hydrants or dry hydrants; making 
  1.24            technical corrections; amending Minnesota Statutes 
  1.25            1994, sections 16B.54, subdivision 2; 161.085; 161.36, 
  1.26            subdivisions 1, 2, 3, and 4; 161.46, subdivision 3; 
  1.27            161.53; 162.08, subdivisions 4 and 7; 162.14, 
  1.28            subdivision 6; 168.012, subdivision 1; 169.85; 173.07, 
  1.29            subdivision 1; 174.04; 227.37, subdivision 1; 
  1.30            Minnesota Statutes 1995 Supplement, sections 169.862; 
  1.31            and 221.0355, subdivisions 5 and 15; Laws 1994, 
  1.32            chapter 589, section 8; repealing Minnesota Statutes 
  1.33            1994, sections 161.086; 161.115, subdivision 262. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35     Section 1.  Minnesota Statutes 1994, section 16B.54, 
  1.36  subdivision 2, is amended to read: 
  1.37     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
  1.38  APPROPRIATION.] The commissioner may direct an agency to make a 
  1.39  transfer of a passenger motor vehicle or truck currently 
  2.1   assigned to it.  The transfer must be made to the commissioner 
  2.2   for use in the central motor pool.  The commissioner shall 
  2.3   reimburse an agency whose motor vehicles have been paid for with 
  2.4   funds dedicated by the constitution for a special purpose and 
  2.5   which are assigned to the central motor pool.  The amount of 
  2.6   reimbursement for a motor vehicle is its average wholesale price 
  2.7   as determined from the midwest edition of the National 
  2.8   Automobile Dealers Association official used car guide. 
  2.9      (b)  [PURCHASE.] To the extent that funds are available for 
  2.10  the purpose, the commissioner may purchase or otherwise acquire 
  2.11  additional passenger motor vehicles and trucks necessary for the 
  2.12  central motor pool.  The title to all motor vehicles assigned to 
  2.13  or purchased or acquired for the central motor pool is in the 
  2.14  name of the department of administration.  
  2.15     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
  2.16  agency, the commissioner may transfer to the central motor pool 
  2.17  any passenger motor vehicle or truck for the purpose of 
  2.18  disposing of it.  The department or agency transferring the 
  2.19  vehicle or truck must be paid for it from the motor pool 
  2.20  revolving account established by this section in an amount equal 
  2.21  to two-thirds of the average wholesale price of the vehicle or 
  2.22  truck as determined from the midwest edition of the National 
  2.23  Automobile Dealers Association official used car guide. 
  2.24     (d)  [VEHICLES; MARKING.] The commissioner shall provide 
  2.25  for the uniform marking of all motor vehicles.  Motor vehicle 
  2.26  colors must be selected from the regular color chart provided by 
  2.27  the manufacturer each year.  The commissioner may further 
  2.28  provide for the use of motor vehicles without marking by the 
  2.29  governor, the; lieutenant governor, the; division of criminal 
  2.30  apprehension, division of liquor control, division of gambling 
  2.31  enforcement, and arson investigators of the division of fire 
  2.32  marshal in the department of public safety,; financial 
  2.33  institutions division of the department of commerce,; division 
  2.34  of disease prevention and control of the department of health; 
  2.35  state lottery,; criminal investigators of the department of 
  2.36  revenue,; state-owned community service facilities in the 
  3.1   department of human services, the; investigative staff of the 
  3.2   department of economic security,; and the office of the attorney 
  3.3   general. 
  3.4      Sec. 2.  Minnesota Statutes 1994, section 161.085, is 
  3.5   amended to read: 
  3.6      161.085 [APPROPRIATION FROM TURNBACK ACCOUNTS.] 
  3.7      Moneys in the county turnback account and the municipal 
  3.8   turnback account are hereby appropriated annually to the 
  3.9   commissioner of transportation for the purposes of carrying out 
  3.10  the terms of sections 161.081 to 161.086 161.084. 
  3.11     Sec. 3.  Minnesota Statutes 1994, section 161.36, 
  3.12  subdivision 1, is amended to read: 
  3.13     Subdivision 1.  [COMMISSIONER TO COOPERATE WITH THE U.S. 
  3.14  GOVERNMENT.] The commissioner may cooperate with the government 
  3.15  of the United States and any agency or department thereof in the 
  3.16  construction, improvement, enhancement, and maintenance of roads 
  3.17  and bridges transportation in the state of Minnesota and may 
  3.18  comply with the provisions of the laws of the United States and 
  3.19  any rules and regulations made thereunder for the expenditure of 
  3.20  federal moneys upon such roads and bridges.  
  3.21     Sec. 4.  Minnesota Statutes 1994, section 161.36, 
  3.22  subdivision 2, is amended to read: 
  3.23     Subd. 2.  [FEDERAL AID, ACCEPTANCE; COMMISSIONER AS AGENT.] 
  3.24  The commissioner may accept federal moneys and other moneys, 
  3.25  either public or private, for and in behalf of the state of 
  3.26  Minnesota or any governmental subdivision thereof, or any 
  3.27  nonpublic organization, for the construction, improvement, 
  3.28  enhancement, or maintenance of roads and bridges transportation 
  3.29  upon such terms and conditions as are or may be prescribed by 
  3.30  the laws of the United States and any rules or regulations made 
  3.31  thereunder, and is authorized to act as an agent of any that 
  3.32  governmental subdivision of the state of Minnesota or nonpublic 
  3.33  organization upon the its request of such subdivision in 
  3.34  accepting the moneys in its behalf for road or 
  3.35  bridge transportation purposes, in acquiring right-of-way 
  3.36  therefor, and in contracting for the construction, 
  4.1   improvement, enhancement, or maintenance of roads or 
  4.2   bridges transportation financed either in whole or in part by 
  4.3   federal moneys.  The governing body of any such subdivision or 
  4.4   nonpublic organization is authorized to designate the 
  4.5   commissioner as its agent for such purposes and to enter into an 
  4.6   agreement with the commissioner prescribing the terms and 
  4.7   conditions of the agency in accordance herewith and with federal 
  4.8   laws, rules and regulations.  
  4.9      Sec. 5.  Minnesota Statutes 1994, section 161.36, 
  4.10  subdivision 3, is amended to read: 
  4.11     Subd. 3.  [COMMISSIONER AS AGENT IN CERTAIN CASES.] The 
  4.12  commissioner may act as the agent of any political subdivision 
  4.13  of the state, or any nonpublic organization, as provided herein, 
  4.14  for the construction of roads and bridges transportation toward 
  4.15  the construction of which no federal aid is available in the 
  4.16  event that the construction adjoins, is connected, or in the 
  4.17  judgment of the commissioner can be best and most economically 
  4.18  performed in connection with construction upon which federal aid 
  4.19  is available and upon which the commissioner is then acting as 
  4.20  agent. 
  4.21     Sec. 6.  Minnesota Statutes 1994, section 161.36, 
  4.22  subdivision 4, is amended to read: 
  4.23     Subd. 4.  [STATE LAWS TO GOVERN.] All contracts for the 
  4.24  construction, improvement, enhancement, or maintenance of roads 
  4.25  or bridges transportation made by the commissioner as the agent 
  4.26  of any governmental subdivision, or any nonpublic organization, 
  4.27  shall be made pursuant to the laws of the state of Minnesota 
  4.28  governing the making of contracts for the construction, 
  4.29  improvement, enhancement, and maintenance of roads and 
  4.30  bridges transportation on the trunk highway system of the state; 
  4.31  provided, where the construction, improvement, enhancement, or 
  4.32  maintenance of any road or bridge transportation is financed 
  4.33  wholly with federal moneys, the commissioner as the agent of any 
  4.34  the governmental subdivision or nonpublic organization may let 
  4.35  contracts in the manner prescribed by the federal authorities 
  4.36  acting under the laws of the United States and any rules or 
  5.1   regulations made thereunder, notwithstanding any state law to 
  5.2   the contrary.  
  5.3      Sec. 7.  Minnesota Statutes 1994, section 161.46, 
  5.4   subdivision 3, is amended to read: 
  5.5      Subd. 3.  [LUMP SUM SETTLEMENTS.] The commissioner may 
  5.6   enter into agreements with a utility for the relocation of 
  5.7   utility facilities providing for the payment by the state of a 
  5.8   lump sum based on the estimated cost of relocation when the lump 
  5.9   sum so agreed upon does not exceed $25,000 $100,000. 
  5.10     Sec. 8.  Minnesota Statutes 1994, section 161.53, is 
  5.11  amended to read: 
  5.12     161.53 [RESEARCH ACTIVITIES.] 
  5.13     The commissioner may set aside for transportation research 
  5.14  in each fiscal year up to one percent of the total amount of all 
  5.15  funds appropriated to the commissioner other than county 
  5.16  state-aid and municipal state-aid highway funds, including 
  5.17  matching federal research funds, for transportation research and 
  5.18  other public and private research partnerships.  The 
  5.19  commissioner shall spend this money for (1) research to improve 
  5.20  the design, construction, maintenance, management, and 
  5.21  environmental compatibility of transportation systems; (2) 
  5.22  research on transportation policies that enhance energy 
  5.23  efficiency and economic development; (3) programs for 
  5.24  implementing and monitoring research results; and (4) 
  5.25  development of transportation education and outreach 
  5.26  activities.  Of all funds appropriated to the commissioner other 
  5.27  than state-aid funds, the commissioner shall spend 0.1 percent, 
  5.28  but not exceeding $800,000 in any fiscal year, for research and 
  5.29  related activities performed by the center for transportation 
  5.30  studies of the University of Minnesota.  The center shall 
  5.31  establish a technology transfer and training center for 
  5.32  Minnesota transportation professionals. 
  5.33     Sec. 9.  Minnesota Statutes 1994, section 162.08, 
  5.34  subdivision 4, is amended to read: 
  5.35     Subd. 4.  [PURPOSES; OTHER USES OF MUNICIPAL ACCOUNT 
  5.36  ALLOCATION.] (a) Except as provided in subdivision 3, money so 
  6.1   apportioned and allocated to each county shall be used for aid 
  6.2   in the establishment, location, construction, reconstruction, 
  6.3   improvement, and maintenance of the county state-aid highway 
  6.4   system within each county, including the expense of sidewalks, 
  6.5   commissioner-approved signals and safety devices on county 
  6.6   state-aid highways, and systems that permit an emergency vehicle 
  6.7   operator to activate a green traffic signal for the emergency 
  6.8   vehicle; provided, that in the event of hardship, or in the 
  6.9   event that the county state-aid highway system of any county is 
  6.10  improved to the standards set forth in the commissioner's rules, 
  6.11  a portion of the money apportioned other than the money 
  6.12  allocated for expenditures within cities having a population of 
  6.13  less than 5,000, may be used on other roads within the county 
  6.14  with the consent and in accordance with the commissioner's rules.
  6.15     (b) If the portion of the county state-aid highway system 
  6.16  lying within cities having a population of less than 5,000 is 
  6.17  improved to the standard set forth in the commissioner's rules, 
  6.18  a portion of the money credited to the municipal account may be 
  6.19  used on other county highways or other streets lying within such 
  6.20  cities.  Upon the authorization of the commissioner, a county 
  6.21  may expend accumulated municipal account funds on county 
  6.22  state-aid highways within the county outside of cities having a 
  6.23  population of less than 5,000.  The commissioner shall authorize 
  6.24  the expenditure if: 
  6.25     (a) (1) the county submits a written request to the 
  6.26  commissioner and holds a hearing within 30 days of the request 
  6.27  to receive and consider any objections by the governing bodies 
  6.28  of cities within the county having a population of less than 
  6.29  5,000; and 
  6.30     (b) (2) no written objection is filed with the commissioner 
  6.31  by any such city within 14 days of that hearing as provided in 
  6.32  this subdivision. 
  6.33     The county shall notify all of the cities of the public 
  6.34  hearing by certified mail and shall notify the commissioner in 
  6.35  writing of the results of the hearing and any objections to the 
  6.36  use of the funds as requested by the county. 
  7.1      (c) If, within 14 days of the hearing under paragraph (b), 
  7.2   a city having a population of less than 5,000 files a written 
  7.3   objection with the commissioner identifying a specific county 
  7.4   state-aid highway within the city which is requested for 
  7.5   improvement, the commissioner shall investigate the nature of 
  7.6   the requested improvement.  Notwithstanding paragraph (b) 
  7.7   clause (b) (2), the commissioner may authorize the expenditure 
  7.8   requested by the county if:  
  7.9      (1) the identified highway is not deficient in meeting 
  7.10  minimum state-aid street standards; or 
  7.11     (2) the county shows evidence that the identified highway 
  7.12  has been programmed for construction in the county's five-year 
  7.13  capital improvement budget in a manner consistent with the 
  7.14  county's transportation plan; or 
  7.15     (3) there are conditions created by or within the city and 
  7.16  beyond the control of the county that prohibit programming or 
  7.17  constructing the identified highway. 
  7.18     (d) Notwithstanding any contrary provisions of paragraph 
  7.19  (b) or (c), accumulated balances in excess of two years of 
  7.20  municipal account apportionments may be spent on projects 
  7.21  located outside of municipalities under 5,000 population when 
  7.22  approved solely by resolution of the county board.  
  7.23     (e) Authorization by the commissioner for use of municipal 
  7.24  account funds on county state-aid highways outside of cities 
  7.25  having a population of less than 5,000 shall be applicable only 
  7.26  to the county's accumulated and current year allocation.  Future 
  7.27  municipal account allocations shall be used as directed by law 
  7.28  unless subsequent requests are made by the county and 
  7.29  approved by the commissioner, or approved by resolution of the 
  7.30  county board, as applicable, in accordance with the applicable 
  7.31  provisions of this section. 
  7.32     Sec. 10.  Minnesota Statutes 1994, section 162.08, 
  7.33  subdivision 7, is amended to read: 
  7.34     Subd. 7.  [ADVANCES OTHER THAN TO MUNICIPAL ACCOUNT.] Any 
  7.35  county may make advances from any available funds for the 
  7.36  purpose of expediting the construction, reconstruction, 
  8.1   improvement and maintenance of its county state-aid highway 
  8.2   system.  Total advances, together with any advances to the 
  8.3   municipal account, as provided in subdivisions 5 and 6, shall 
  8.4   never exceed 40 percent of the county's last apportionment 
  8.5   preceding the first advance.  Advances made by any county as 
  8.6   provided herein, other than advances made to the municipal 
  8.7   account, shall be repaid out of subsequent apportionments to the 
  8.8   county's maintenance or construction account in accordance with 
  8.9   the commissioner's rules.  
  8.10     Sec. 11.  Minnesota Statutes 1994, section 162.14, 
  8.11  subdivision 6, is amended to read: 
  8.12     Subd. 6.  [ADVANCES.] Any such city, except cities of the 
  8.13  first class, may make advances from any funds available to it 
  8.14  for the purpose of expediting the construction, reconstruction, 
  8.15  improvement, or maintenance of its municipal state-aid street 
  8.16  system; provided that such advances shall not exceed the city's 
  8.17  total estimated apportionment for the three years following the 
  8.18  year the advance is made.  Advances made by any such city shall 
  8.19  be repaid out of subsequent apportionments made to such city in 
  8.20  accordance with the commissioner's rules. 
  8.21     Sec. 12.  Minnesota Statutes 1994, section 168.012, 
  8.22  subdivision 1, is amended to read: 
  8.23     Subdivision 1.  (a) The following vehicles are exempt from 
  8.24  the provisions of this chapter requiring payment of tax and 
  8.25  registration fees, except as provided in subdivision 1c:  
  8.26     (1) vehicles owned and used solely in the transaction of 
  8.27  official business by representatives of foreign powers, by the 
  8.28  federal government, the state, or any political subdivision; 
  8.29     (2) vehicles owned and used exclusively by educational 
  8.30  institutions and used solely in the transportation of pupils to 
  8.31  and from such institutions; 
  8.32     (3) vehicles used solely in driver education programs at 
  8.33  nonpublic high schools; 
  8.34     (4) vehicles owned by nonprofit charities and used 
  8.35  exclusively to transport disabled persons for educational 
  8.36  purposes; 
  9.1      (5) vehicles owned and used by honorary consul or consul 
  9.2   general of foreign governments; and 
  9.3      (6) ambulances owned by ambulance services licensed under 
  9.4   section 144.802, the general appearance of which is unmistakable.
  9.5      (b) Vehicles owned by the federal government, municipal 
  9.6   fire apparatus, police patrols and ambulances, the general 
  9.7   appearance of which is unmistakable, shall not be required to 
  9.8   register or display number plates.  
  9.9      (c) Unmarked vehicles used in general police work, liquor 
  9.10  investigations, arson investigations, and passenger automobiles, 
  9.11  pickup trucks, and buses owned or operated by the department of 
  9.12  corrections shall be registered and shall display appropriate 
  9.13  license number plates which shall be furnished by the registrar 
  9.14  at cost.  Original and renewal applications for these license 
  9.15  plates authorized for use in general police work and for use by 
  9.16  the department of corrections must be accompanied by a 
  9.17  certification signed by the appropriate chief of police if 
  9.18  issued to a police vehicle, the appropriate sheriff if issued to 
  9.19  a sheriff's vehicle, the commissioner of corrections if issued 
  9.20  to a department of corrections vehicle, or the appropriate 
  9.21  officer in charge if issued to a vehicle of any other law 
  9.22  enforcement agency.  The certification must be on a form 
  9.23  prescribed by the commissioner and state that the vehicle will 
  9.24  be used exclusively for a purpose authorized by this section.  
  9.25     (d) Unmarked vehicles used by the department of revenue in 
  9.26  conducting seizures or criminal investigations must be 
  9.27  registered and must display passenger vehicle classification 
  9.28  license number plates which shall be furnished at cost by the 
  9.29  registrar.  Original and renewal applications for these 
  9.30  passenger vehicle license plates must be accompanied by a 
  9.31  certification signed by the commissioner of revenue.  The 
  9.32  certification must be on a form prescribed by the commissioner 
  9.33  and state that the vehicles will be used exclusively for the 
  9.34  purposes authorized by this section. 
  9.35     (e) Unmarked vehicles used by the division of disease 
  9.36  prevention and control of the department of health must be 
 10.1   registered and must display passenger vehicle classification 
 10.2   license number plates.  These plates must be furnished at cost 
 10.3   by the registrar.  Original and renewal applications for these 
 10.4   passenger vehicle license plates must be accompanied by a 
 10.5   certification signed by the commissioner of health.  The 
 10.6   certification must be on a form prescribed by the commissioner 
 10.7   and state that the vehicles will be used exclusively for the 
 10.8   official duties of the division of disease prevention and 
 10.9   control.  
 10.10     (f) All other motor vehicles shall be registered and 
 10.11  display tax-exempt number plates which shall be furnished by the 
 10.12  registrar at cost, except as provided in subdivision 1c.  All 
 10.13  vehicles required to display tax-exempt number plates shall have 
 10.14  the name of the state department or political subdivision, or 
 10.15  the nonpublic high school operating a driver education program, 
 10.16  on the vehicle plainly displayed on both sides thereof in 
 10.17  letters not less than 2-1/2 inches high and one-half inch wide; 
 10.18  except that each state hospital and institution for the mentally 
 10.19  ill and mentally retarded may have one vehicle without the 
 10.20  required identification on the sides of the vehicle, and county 
 10.21  social service agencies may have vehicles used for child and 
 10.22  vulnerable adult protective services without the required 
 10.23  identification on the sides of the vehicle.  Such identification 
 10.24  shall be in a color giving contrast with that of the part of the 
 10.25  vehicle on which it is placed and shall endure throughout the 
 10.26  term of the registration.  The identification must not be on a 
 10.27  removable plate or placard and shall be kept clean and visible 
 10.28  at all times; except that a removable plate or placard may be 
 10.29  utilized on vehicles leased or loaned to a political subdivision 
 10.30  or to a nonpublic high school driver education program. 
 10.31     Sec. 13.  Minnesota Statutes 1994, section 169.85, is 
 10.32  amended to read: 
 10.33     169.85 [WEIGHING; PENALTY.] 
 10.34     The driver of a vehicle which has been lawfully stopped may 
 10.35  be required by a peace officer to submit the vehicle and load to 
 10.36  a weighing by means of portable or stationary scales, and the 
 11.1   peace officer may require that the vehicle be driven to the 
 11.2   nearest available scales if the distance to the scales is no 
 11.3   further than five miles, or if the distance from the point where 
 11.4   the vehicle is stopped to the vehicle's destination is not 
 11.5   increased by more than ten miles as a result of proceeding to 
 11.6   the nearest available scales.  Official traffic control devices 
 11.7   as authorized by section 169.06 may be used to direct the driver 
 11.8   to the nearest scale.  When a truck weight enforcement operation 
 11.9   is conducted by means of portable or stationary scales and signs 
 11.10  giving notice of the operation are posted within the highway 
 11.11  right-of-way and adjacent to the roadway within two miles of the 
 11.12  operation, the driver of a truck or combination of vehicles 
 11.13  registered for or weighing in excess of 12,000 pounds, and the 
 11.14  driver of a charter bus, except a bus registered in Minnesota, 
 11.15  shall proceed to the scale site and submit the vehicle to 
 11.16  weighing and inspection. 
 11.17     Upon weighing a vehicle and load, as provided in this 
 11.18  section, an officer may require the driver to stop the vehicle 
 11.19  in a suitable place and remain standing until a portion of the 
 11.20  load is removed that is sufficient to reduce the gross weight of 
 11.21  the vehicle to the limit permitted under section 169.825.  A 
 11.22  suitable place is a location where loading or tampering with the 
 11.23  load is not prohibited by federal, state, or local law, rule or 
 11.24  ordinance.  A driver may be required to unload a vehicle only if 
 11.25  the weighing officer determines that (a) on routes subject to 
 11.26  the provisions of section 169.825, the weight on an axle exceeds 
 11.27  the lawful gross weight prescribed by section 169.825, by 2,000 
 11.28  pounds or more, or the weight on a group of two or more 
 11.29  consecutive axles in cases where the distance between the 
 11.30  centers of the first and last axles of the group under 
 11.31  consideration is ten feet or less exceeds the lawful gross 
 11.32  weight prescribed by section 169.825, by 4,000 pounds or more; 
 11.33  or (b) on routes designated by the commissioner in section 
 11.34  169.832, subdivision 11, the overall weight of the vehicle or 
 11.35  the weight on an axle or group of consecutive axles exceeds the 
 11.36  maximum lawful gross weights prescribed by section 169.825; or 
 12.1   (c) the weight is unlawful on an axle or group of consecutive 
 12.2   axles on a road restricted in accordance with section 169.87.  
 12.3   Material unloaded must be cared for by the owner or driver of 
 12.4   the vehicle at the risk of the owner or driver. 
 12.5      A driver of a vehicle who fails or refuses to stop and 
 12.6   submit the vehicle and load to a weighing as required in this 
 12.7   section, or who fails or refuses, when directed by an officer 
 12.8   upon a weighing of the vehicle, to stop the vehicle and 
 12.9   otherwise comply with the provisions of this section, is guilty 
 12.10  of a misdemeanor. 
 12.11     Sec. 14.  Minnesota Statutes 1995 Supplement, section 
 12.12  169.862, is amended to read: 
 12.13     169.862 [PERMITS FOR WIDE LOADS OF BALED AGRICULTURAL 
 12.14  PRODUCTS.] 
 12.15     The commissioner of transportation with respect to highways 
 12.16  under the commissioner's jurisdiction, and local authorities 
 12.17  with respect to highways under their jurisdiction, may issue an 
 12.18  annual permit to enable a vehicle carrying round bales of hay, 
 12.19  straw, or cornstalks, with a total outside width of the vehicle 
 12.20  or the load not exceeding 11-1/2 feet, to be operated on public 
 12.21  streets and highways.  The commissioner of transportation and 
 12.22  local authorities may issue an annual permit to enable a 
 12.23  vehicle, having a maximum width of 102 inches, carrying a first 
 12.24  haul of square bales of straw, each bale having a minimum size 
 12.25  of four feet by four feet by eight feet, with a total outside 
 12.26  width of the load not exceeding 12 feet, to be operated on 
 12.27  public streets and highways between August 1 and December March 
 12.28  1 within 35 miles of the border between this state and the state 
 12.29  of North Dakota.  The commissioner of transportation and local 
 12.30  authorities may issue an annual permit to enable a vehicle 
 12.31  carrying square bales of hay, each with an outside dimension of 
 12.32  not less than three feet by four feet by seven feet, with a 
 12.33  total height of the loaded vehicle not exceeding 15 feet, to be 
 12.34  operated on those public streets and highways designated in the 
 12.35  permit.  Permits issued under this section are governed by the 
 12.36  applicable provisions of section 169.86 except as otherwise 
 13.1   provided herein and, in addition, carry the following 
 13.2   restrictions:  
 13.3      (a) The vehicles may not be operated between sunset and 
 13.4   sunrise, when visibility is impaired by weather, fog, or other 
 13.5   conditions rendering persons and vehicles not clearly visible at 
 13.6   a distance of 500 feet, or on Sunday from noon until sunset, or 
 13.7   on the days the following holidays are observed:  New Year's 
 13.8   Day, Memorial Day, Independence Day, Labor Day, Thanksgiving 
 13.9   Day, and Christmas Day.  
 13.10     (b) The vehicles may not be operated on interstate highways.
 13.11     (c) The vehicles may not be operated on a trunk highway 
 13.12  with a pavement less than 24 feet wide.  
 13.13     (d) A vehicle operated under the permit must be equipped 
 13.14  with a retractable or removable mirror on the left side so 
 13.15  located that it will reflect to the driver a clear view of the 
 13.16  highway for a distance of at least 200 feet to the rear of the 
 13.17  vehicle.  
 13.18     (e) A vehicle operated under the permit must display red, 
 13.19  orange, or yellow flags, 18 inches square, as markers at the 
 13.20  front and rear and on both sides of the load.  The load must be 
 13.21  securely bound to the transporting vehicle.  
 13.22     (f) Farm vehicles not for hire carrying round baled hay 
 13.23  less than 20 miles are exempt from the requirement to obtain a 
 13.24  permit.  All other requirements of this section apply to 
 13.25  vehicles transporting round baled hay. 
 13.26     The fee for the permit is $24. 
 13.27     Sec. 15.  Minnesota Statutes 1994, section 173.07, 
 13.28  subdivision 1, is amended to read: 
 13.29     Subdivision 1.  [FORMS; CONTENT; IDENTIFYING NUMBER.] 
 13.30  Application for permits or renewals thereof for the placement 
 13.31  and maintenance of advertising devices within scenic areas shall 
 13.32  be on forms prescribed by the commissioner and shall contain 
 13.33  such information as the commissioner may require.  No 
 13.34  advertising device shall be placed without the consent of the 
 13.35  owner or occupant of the land, and adequate proof of such 
 13.36  consent shall be submitted to the commissioner at the time 
 14.1   application is made for such permits or renewals.  There shall 
 14.2   be furnished with each permit an identifying number which shall 
 14.3   be affixed by the permit holder to the advertising device in 
 14.4   accordance with rules of the commissioner of transportation. 
 14.5      Sec. 16.  Minnesota Statutes 1994, section 174.04, is 
 14.6   amended to read: 
 14.7      174.04 [FINANCIAL ASSISTANCE; APPLICATIONS; DISBURSEMENT.] 
 14.8      Subdivision 1.  [REVIEW OF APPLICATION.] Any state agency 
 14.9   which receives an application from a regional development 
 14.10  commission, metropolitan council, public transit commission, 
 14.11  airport commission, port authority or other political 
 14.12  subdivision of the state, or any nonpublic organization, for 
 14.13  financial assistance for transportation planning, capital 
 14.14  expenditures or operations to any state or federal agency, shall 
 14.15  first submit the application to the commissioner of 
 14.16  transportation.  The commissioner shall review the application 
 14.17  to determine whether it contains matters that substantially 
 14.18  affect the statewide transportation plan and priorities.  If the 
 14.19  application does not contain such matters, the commissioner 
 14.20  shall within 15 days after receipt return the application to the 
 14.21  applicant political subdivision or nonpublic organization for 
 14.22  forwarding to the appropriate agency.  If the application 
 14.23  contains such matters, the commissioner shall review and comment 
 14.24  on the application as being consistent with the plan and 
 14.25  priorities.  The commissioner shall return the application 
 14.26  together with comments within 45 days after receipt to the 
 14.27  applicant political subdivision or nonpublic organization for 
 14.28  forwarding with the commissioner's comments to the appropriate 
 14.29  agency. 
 14.30     Subd. 2.  [DESIGNATED AGENT.] A regional development 
 14.31  commission, metropolitan council, public transit commission, 
 14.32  airport commission, port authority, or any other political 
 14.33  subdivision of the state, or any nonpublic organization, may 
 14.34  designate the commissioner as its agent to receive and disburse 
 14.35  funds by entering into an agreement with the commissioner 
 14.36  prescribing the terms and conditions of the receipt and 
 15.1   expenditure of the funds in accordance with federal and state 
 15.2   laws, rules, and regulations. 
 15.3      Subd. 3.  [EXCEPTIONS.] The provisions of this section 
 15.4   shall not be construed as altering or amending in any way the 
 15.5   funding procedures specified in section 161.36, 360.016 or 
 15.6   360.0161. 
 15.7      Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 15.8   221.0355, subdivision 5, is amended to read: 
 15.9      Subd. 5.  [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 
 15.10  with its principal place of business in Minnesota or who 
 15.11  designates Minnesota as its base state shall file a disclosure 
 15.12  statement with and obtain a permit from the commissioner that 
 15.13  specifically authorizes the transportation of hazardous waste 
 15.14  before transporting a hazardous waste in Minnesota.  A carrier 
 15.15  that designates another participating state as its base state 
 15.16  shall file a disclosure statement with and obtain a permit from 
 15.17  that state that specifically authorizes the transportation of 
 15.18  hazardous waste before transporting a hazardous waste in 
 15.19  Minnesota.  A registration is valid for one year from the date a 
 15.20  notice of registration form is issued and a permit is valid for 
 15.21  three years from the date issued or until a carrier fails to 
 15.22  renew its registration, whichever occurs first. 
 15.23     (b) A disclosure statement must include the information 
 15.24  contained in part III of the uniform application.  A person who 
 15.25  has direct management responsibility for a carrier's hazardous 
 15.26  waste transportation operations shall submit a full set of the 
 15.27  person's fingerprints, with the carrier's disclosure statement, 
 15.28  for identification purposes and to enable the commissioner to 
 15.29  determine whether the person has a criminal record.  The 
 15.30  commissioner shall send the person's fingerprints to the Federal 
 15.31  Bureau of Investigation and shall request the bureau to conduct 
 15.32  a check of the person's criminal record.  The commissioner shall 
 15.33  not issue a notice of registration or permit to a hazardous 
 15.34  waste transporter who has not made a full and accurate 
 15.35  disclosure of the required information or paid the fees required 
 15.36  by this subdivision.  Making a materially false or misleading 
 16.1   statement in a disclosure statement is prohibited. 
 16.2      (c) The commissioner shall assess a carrier the actual 
 16.3   costs incurred by the commissioner for conducting the uniform 
 16.4   program's required investigation of the information contained in 
 16.5   a disclosure statement. 
 16.6      (d) A permit under this subdivision becomes a license under 
 16.7   section 221.035, subdivision 1, on August 1, 1996 1997, and is 
 16.8   subject to the provisions of section 221.035 until it expires. 
 16.9      Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 16.10  221.0355, subdivision 15, is amended to read: 
 16.11     Subd. 15.  [HAZARDOUS WASTE LICENSES.] (a) From October 1, 
 16.12  1994, until August 1, 1996 1997, the commissioner shall not 
 16.13  register hazardous material transporters under section 221.0335 
 16.14  or license hazardous waste transporters under section 221.035.  
 16.15  A person who is licensed under section 221.035 need not obtain a 
 16.16  permit under subdivision 4 or 5 for the transportation of 
 16.17  hazardous waste in Minnesota, until the person's license has 
 16.18  expired.  A carrier wishing to transport hazardous waste in 
 16.19  another participating state shall obtain a permit under the 
 16.20  uniform program authorizing the transportation. 
 16.21     (b) The commissioner may refund fees paid under section 
 16.22  221.035, minus a proportional amount calculated on a monthly 
 16.23  basis for each month that a hazardous waste transporter license 
 16.24  was valid, to a person who was issued a hazardous waste 
 16.25  transporter license after May 5, 1994, who applied for a permit 
 16.26  authorizing the transportation of hazardous waste under 
 16.27  subdivisions 4 and 5 before October 1, 1994, and who was 
 16.28  subsequently issued that permit under the uniform program. 
 16.29     Sec. 19.  Minnesota Statutes 1994, section 222.37, 
 16.30  subdivision 1, is amended to read: 
 16.31     Subdivision 1.  [USE REQUIREMENTS.] Any water power, 
 16.32  telegraph, telephone, pneumatic tube, pipeline, community 
 16.33  antenna television, cable communications or electric light, 
 16.34  heat, or power company, or fire department may use public roads 
 16.35  for the purpose of constructing, using, operating, and 
 16.36  maintaining lines, subways, canals, or conduits, hydrants, or 
 17.1   dry hydrants, for their business, but such lines shall be so 
 17.2   located as in no way to interfere with the safety and 
 17.3   convenience of ordinary travel along or over the same; and, in 
 17.4   the construction and maintenance of such line, subway, canal, or 
 17.5   conduit, hydrants, or dry hydrants, the company shall be subject 
 17.6   to all reasonable regulations imposed by the governing body of 
 17.7   any county, town or city in which such public road may be.  If 
 17.8   the governing body does not require the company to obtain a 
 17.9   permit, a company shall notify the governing body of any county, 
 17.10  town, or city having jurisdiction over a public road prior to 
 17.11  the construction or major repair, involving extensive excavation 
 17.12  on the road right-of-way, of the company's equipment along, 
 17.13  over, or under the public road, unless the governing body waives 
 17.14  the notice requirement.  A waiver of the notice requirement must 
 17.15  be renewed on an annual basis.  For emergency repair a company 
 17.16  shall notify the governing body as soon as practical after the 
 17.17  repair is made.  Nothing herein shall be construed to grant to 
 17.18  any person any rights for the maintenance of a telegraph, 
 17.19  telephone, pneumatic tube, community antenna television system, 
 17.20  cable communications system, or light, heat, or power system, or 
 17.21  hydrant system within the corporate limits of any city until 
 17.22  such person shall have obtained the right to maintain such 
 17.23  system within such city or for a period beyond that for which 
 17.24  the right to operate such system is granted by such city. 
 17.25     Sec. 20.  Laws 1994, chapter 589, section 8, is amended to 
 17.26  read: 
 17.27     Sec. 8.  [REPEALER.] 
 17.28     Minnesota Statutes 1992, section 221.033, subdivision 4, is 
 17.29  repealed.  Section 5 is repealed effective August 1, 1996 1997. 
 17.30     Sec. 21.  [REPEALER.] 
 17.31     Minnesota Statutes 1994, sections 161.086; 161.115, 
 17.32  subdivision 262, are repealed.