SF 1455

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to transportation; including pedestrian, bicycle components in bridge
improvement program; removing sunset of corporate deputy registrars; amending
eligibility for impounded vehicle contents retrieval; removing four-hour towing
waiting period; providing for enhanced driver's license; modifying driving after
suspension provisions; expanding DWI ignition interlock device pilot program;
requiring feasibility study of transit service in Little Crow transit way; identifying
commissioner of transportation duties for passenger rail; requiring commissioner
to apply for railroad safety technology grants; directing commissioner of
transportation to study mandatory 24-hour vehicle lighting; requiring report;
authorizing rulemaking; amending Minnesota Statutes 2008, sections 165.14,
subdivisions 3, 4, 5; 168.33, subdivision 2; 168B.06, subdivision 1; 168B.07,
subdivision 3; 169.041, subdivision 5; 171.01, by adding subdivisions; 171.04,
by adding a subdivision; 171.06, subdivisions 1, 2, 3, 6; 171.07, subdivision 3,
by adding subdivisions; 171.071, by adding a subdivision; 171.18, subdivision 1;
171.24, by adding a subdivision; 171.306, subdivisions 1, 3; 174.03, subdivision
1a; 219.01; proposing coding for new law in Minnesota Statutes, chapter 174;
repealing Minnesota Statutes 2008, section 169.041, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2008, section 165.14, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

(a) The commissioner shall develop an inventory
of bridges included in the program. The inventory must include all bridges on the trunk
highway system in Minnesota that are classified as fracture-critical or structurally deficient,
or constitute a priority project, as identified by the commissioner. In determining whether
a bridge is a priority project, the commissioner may consider national bridge inventory
(NBI) condition codes, bridge classification as functionally obsolete, the year in which
the bridge was built, the history of bridge maintenance and inspection report findings, the
average daily traffic count, engineering judgments with respect to the safety or condition
of the bridge, new text begin safety concerns for pedestrians, bicyclists, motorists, or other roadway users,
whether existing pedestrian facilities meet the accessibility requirements of the Americans
with Disabilities Act, new text end and any other factors specifically identified by the commissioner.

(b) For each bridge included in the inventory, the commissioner must provide the
following information: a summary of the bridge, including but not limited to, county
and department district, route number, feature crossed, the year in which the bridge was
built, average daily traffic count, load rating, bridge length and deck area, and main span
type; the condition ratings for the deck, superstructure, and substructure; identification of
whether the bridge is structurally deficient, functionally obsolete, or fracture-critical; the
sufficiency rating; new text begin pedestrian, bicyclist, and motorist crash reports for the previous ten
years; current accommodations for pedestrians, bicyclists, and transit users; identification
of whether existing pedestrian facilities are compliant with the accessibility requirements
of Title II of the Americans with Disabilities Act; new text end a brief description of the work planned
for the bridge, including work type needed; an estimate of total costs related to the bridge,
which may include general and planning cost estimates; and, the year or range of years in
which the work is planned.

Sec. 2.

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

Subd. 4.

Prioritization of bridge projects.

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 3.

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

Subd. 5.

Statewide transportation planning report.

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

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

(2) a historical and projected analysis of the extent to which all trunk highway
bridges meet bridge performance targets new text begin , including safety targets for pedestrian, bicyclist,
and motorist safety and compliance with the accessibility requirements of Title II of the
Americans with Disabilities Act new text end ;

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

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

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

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

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

Sec. 4.

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

Subd. 2.

Deputy registrars.

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

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

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

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

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

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

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

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

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

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

Sec. 5.

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

Subdivision 1.

Written notice of impound.

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

(b) The notice must:

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

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

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

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

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

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

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

Sec. 6.

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

Subd. 3.

Retrieval of contents.

(a) For purposes of this subdivision:

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

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

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

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

Sec. 7.

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

Subd. 5.

Towing prohibited.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 8.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 37a. new text end

new text begin Enhanced driver's license. new text end

new text begin "Enhanced driver's license" means a license,
instruction permit, or provisional license, to operate a motor vehicle issued or issuable
under the laws of this state by the commissioner of public safety that denotes citizenship
and identity and contains technology and security features approved by the secretary of
the United States Department of Homeland Security. An enhanced driver's license may be
used in the same manner as a driver's license, instruction permit, or provisional license,
and is approved by the secretary of the United States Department of Homeland Security
for purposes of entering the United States. All provisions in this chapter relating to drivers'
licenses, instruction permits, and provisional licenses, including cancellation, suspension,
revocation, reinstatement, examination, restriction, expiration, renewal, and unlawful acts
and violations, apply to an enhanced driver's license.
new text end

Sec. 9.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 37b. new text end

new text begin Enhanced identification card. new text end

new text begin "Enhanced identification card" means an
identification card issued or issuable under the laws of this state by the commissioner of
public safety that denotes citizenship and identity and contains technology and security
features approved by the secretary of the United States Department of Homeland Security.
An enhanced identification card may be used in the same manner as an identification card
and is approved by the secretary of the United States Department of Homeland Security
for purposes of entering the United States.
new text end

Sec. 10.

Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Persons not eligible for enhanced driver's license. new text end

new text begin The department shall
not issue an enhanced driver's license to any person who is:
new text end

new text begin (1) under 16 years of age;
new text end

new text begin (2) not a resident of this state;
new text end

new text begin (3) not a citizen of the United States of America; or
new text end

new text begin (4) described in subdivision 1, clauses (4) to (12), or (14).
new text end

Sec. 11.

Minnesota Statutes 2008, section 171.06, subdivision 1, is amended to read:

Subdivision 1.

Forms of application.

Every application for a Minnesota
identification card, new text begin for an enhanced identification card, new text end for an instruction permit, for a
provisional license, deleted text begin or deleted text end for a driver's license new text begin , or for an enhanced driver's license new text end must be
made in a format approved by the department, and every application must be accompanied
by the proper fee. All first-time applications and change-of-status applications must be
signed in the presence of the person authorized to accept the application, or the signature
on the application may be verified by a notary public. All applications requiring evidence
of legal presence in the United States new text begin or United States citizenship new text end must be signed in
the presence of the person authorized to accept the application, or the signature on the
application may be verified by a notary public.

Sec. 12.

Minnesota Statutes 2008, section 171.06, subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are
as follows:

Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
new text begin Enhanced Driver's License new text end		new text begin D-$37.25 new text end	new text begin C-$41.75 new text end	new text begin B-$48.25 new text end	new text begin A-$56.25 new text end
Instruction Permit					$10.25
new text begin Enhanced Instruction Permit new text end					new text begin $25.25 new text end
Provisional License					$13.25
new text begin Enhanced Provisional License new text end					new text begin $28.25 new text end
Duplicate License or duplicate identification card					$11.75
new text begin Enhanced Duplicate License or enhanced duplicate identification card new text end					new text begin $26.75 new text end
Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25
new text begin Enhanced Minnesota identification card new text end					new text begin $31.25 new text end

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
credited to the driver and vehicle services technology account in the special revenue fund
under section 299A.705.

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.

Sec. 13.

Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant
and any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have a Social Security number;

(4) new text begin in the case of an application for an enhanced driver's license or enhanced
identification card, present:
new text end

new text begin (i) proof satisfactory to the commissioner of the applicant's full legal name, United
States citizenship, identity, date of birth, Social Security number, and residence address;
and
new text end

new text begin (ii) a photographic identity document;
new text end

new text begin (5) new text end contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); and

deleted text begin (5) deleted text end new text begin (6) new text end contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7.

(b) If the applicant does not indicate a desire to make an anatomical gift when
the application is made, the applicant must be offered a donor document in accordance
with section 171.07, subdivision 5. The application must contain statements sufficient to
comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
Act, chapter 525A, so that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
desire to make an anatomical gift. The application must be accompanied by information
describing Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift, including the
law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
for alcohol-related violations.

Sec. 14.

Minnesota Statutes 2008, section 171.06, subdivision 6, is amended to read:

Subd. 6.

Compliance with selective service system registration requirements.

(a) By applying for an original, duplicate, or renewal instruction permit, provisional
driver's license, driver's license, new text begin enhanced driver's license, new text end commercial driver's license, deleted text begin or deleted text end
state identification card, new text begin or enhanced identification card, new text end an applicant under the age of 26,
who is a United States citizen or resident, consents to registration in compliance with the
requirements of the Military Selective Service Act, United States Code, title 50, appendix,
section 453. The application form must state that submission of the application constitutes
consent to registration with the selective service system, if required by federal law.

(b) The commissioner shall forward to the selective service system in an electronic
format the necessary personal information required for registration of an applicant
described in paragraph (a). If the applicant is under the age of 18, and the license or card
to be issued will expire after the applicant's 18th birthday, then the commissioner shall
forward the necessary information to the selective service system when the applicant
reaches the age of 18.

Sec. 15.

Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read:

Subd. 3.

Identification card; fee.

(a) Upon payment of the required fee, the
department shall issue to every qualifying applicant a Minnesota identification card. The
department may not issue a Minnesota identification card to an individual who has a
driver's license, other than a limited license. new text begin The department may not issue an enhanced
identification card to an individual who is under 16 years of age, not a resident of this
state, or not a citizen of the United States of America. new text end The card must bear a distinguishing
number assigned to the applicant; a colored photograph or an electronically produced
image of the applicant; the applicant's full name and date of birth; either (1) the licensee's
residence address, or (2) the designated address under section 5B.05; a description of the
applicant in the manner as the commissioner deems necessary; and the usual signature of
the applicant.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the Minnesota identification card, then the applicant shall
provide verification from the United States Postal Service that mail will not be delivered
to the applicant's residence address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing address in lieu of the
applicant's residence address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota
identification card - not a driver's license."

(e) The fee for a Minnesota identification card is 50 cents when issued to a person
who is developmentally disabled, as defined in section 252A.02, subdivision 2; a
physically disabled person, as defined in section 169.345, subdivision 2; or, a person with
mental illness, as described in section 245.462, subdivision 20, paragraph (c).

Sec. 16.

Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Security for enhanced driver's license and identification card. new text end

new text begin An
enhanced driver's license or enhanced identification card must include reasonable security
measures to prevent counterfeiting and to protect against unauthorized disclosure of
personal information regarding residents of this state that is contained in the enhanced
driver's license or enhanced identification card. The enhanced driver's license must include
the best available anticounterfeit laminate technology. The enhanced driver's license or
enhanced identification card may include radio frequency identification technology that
is limited to a randomly assigned number, which must be encrypted if agreed to by the
United States Department of Homeland Security and does not include biometric data
or any information other than the citizenship status of the license holder or cardholder.
The commissioner shall ensure that the radio frequency identification technology is
secure from unauthorized data access. An applicant must sign an acknowledgment of
understanding of the radio frequency identification technology and its use for the sole
purpose of verifying United States citizenship before being issued an enhanced driver's
license or an enhanced identification card.
new text end

Sec. 17.

Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Enhanced driver's license and identification card. new text end

new text begin For purposes of this
section, "license" includes "enhanced driver's license," and "identification card" includes
"enhanced identification card."
new text end

Sec. 18.

Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin Subdivisions 1 and 2 do not apply to the commissioner's
requirements pertaining to a photograph or electronically produced image on an enhanced
driver's license or an enhanced identification card.
new text end

Sec. 19.

Minnesota Statutes 2008, section 171.18, subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required
upon conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or
an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
department records show that the violation contributed in causing an accident resulting in
the death or personal injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would
be grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may
not suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; or

(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that
the dishonored check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to
the recommendation of the court when made in connection with the prosecution of the
licensee.

(b) new text begin Notwithstanding paragraph (a), section 171.16, subdivision 2, or any other law,
new text end the commissioner may not suspend the driver's license of an individual deleted text begin under paragraph
(a) who was deleted text end convicted of a violation of section 171.24, subdivision deleted text begin 1, whose license
was under suspension at the time solely because of the individual's failure to appear in
court or failure to pay a fine deleted text end new text begin 1a new text end .

Sec. 20.

Minnesota Statutes 2008, section 171.24, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Driving after suspension for failure to appear or pay fines;
misdemeanor. new text end

new text begin A person is guilty of a misdemeanor if:
new text end

new text begin (1) the person's driver's license or driving privilege has been suspended for no reason
other than unpaid fines or failure to appear in court;
new text end

new text begin (2) the person has been given notice of or reasonably should know of the suspension;
and
new text end

new text begin (3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege
is suspended.
new text end

Sec. 21.

Minnesota Statutes 2008, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Pilot project established; reports.

The commissioner shall conduct
a new text begin statewide new text end two-year ignition interlock device pilot project as provided in this section.
deleted text begin The commissioner shall select one metropolitan county and one rural county to participate
in the pilot project. deleted text end The pilot project must begin on July 1, deleted text begin 2007 deleted text end new text begin 2009 new text end , and continue until
June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end . The commissioner shall submit deleted text begin two deleted text end new text begin a new text end preliminary deleted text begin reports deleted text end new text begin report new text end by
deleted text begin February 1, 2008, and by December 1, 2008 deleted text end new text begin September 30, 2010 new text end , and a final report by
September deleted text begin 1 deleted text end new text begin 30 new text end , deleted text begin 2009 deleted text end new text begin 2011 new text end , to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over criminal justice policy and
funding. The reports must evaluate the successes and failures of the pilot project, provide
information on participation rates, and make recommendations on continuing the project.

Sec. 22.

Minnesota Statutes 2008, section 171.306, subdivision 3, is amended to read:

Subd. 3.

Pilot project components.

(a) Under the pilot project, the commissioner
shall issue a driver's license to an individual whose driver's license has been revoked new text begin or
canceled new text end under new text begin : (1) new text end chapter 169A for deleted text begin a repeat deleted text end new text begin an new text end impaired driving incident new text begin ; (2) section
169A.33 for underage drinking and driving; or (3) section 609.21 for criminal vehicular
homicide or operation, new text end if the person qualifies under this section and agrees to all of the
conditions of the project.

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

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

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

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

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

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

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

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

new text begin (g) No driver's license, criminal, or probation violation sanction relating to positive
alcohol tests may be assessed upon a participant, unless the device in use provides a
method for positive identification of the individual providing the breath sample.
new text end

Sec. 23.

Minnesota Statutes 2008, section 174.03, subdivision 1a, is amended to read:

Subd. 1a.

Revision of deleted text begin state deleted text end new text begin statewide new text end transportation plan.

new text begin (a) new text end The commissioner
shall revise the deleted text begin state deleted text end new text begin statewide new text end transportation plan by January 1, deleted text begin 1996, January 1, 2000 deleted text end new text begin
2010 new text end , and, if the requirements of clauses (1) and (2) have been met in the previous
revision, by January 1 of every third even-numbered year thereafter. Before final adoption
of a revised plan, the commissioner shall hold a hearing to receive public comment on the
preliminary draft of the revised plan. The revised deleted text begin state deleted text end new text begin statewide new text end transportation plan must:

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

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

new text begin (b) The commissioner shall include in the next revision of the statewide
transportation plan a study on the feasibility of establishing commuter transit service in
the Little Crow transit way, along or near marked Trunk Highway 12 between Willmar
and downtown Minneapolis.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

new text begin [174.632] COMMISSIONER'S DUTIES.
new text end

new text begin The commissioner is responsible for all aspects of planning, designing, developing,
constructing, equipping, operating, and maintaining passenger rail, including system
planning, alternatives analysis, environmental studies, preliminary engineering, final
design, construction, negotiating with railroads, and developing financial and operating
plans. The commissioner may enter into a memorandum of understanding or agreement
with a public or private entity, including a regional railroad authority, a joint powers board,
and a railroad, to carry out these activities.
new text end

Sec. 25.

new text begin [174.634] PASSENGER RAIL FUNDING.
new text end

new text begin The commissioner may apply for funding from federal, state, regional, local, and
private sources to carry out the commissioner's duties in section 174.632.
new text end

Sec. 26.

new text begin [174.636] EXERCISE OF POWER; PASSENGER RAIL.
new text end

new text begin (a) The commissioner has all powers necessary to carry out the duties specified
in section 174.632. In the exercise of those powers, the commissioner may acquire by
purchase, gift, or by eminent domain proceedings as provided by law, all land and property
necessary to preserve future passenger rail corridors or to construct, maintain, and improve
passenger rail corridors, to let all necessary contracts as provided by law, and to make
agreements with and cooperate with any governmental authority or private entity to carry
out statutory duties related to passenger rail.
new text end

new text begin (b) The commissioner shall consult with metropolitan planning organizations and
regional rail authorities in areas where passenger rail corridors are under consideration
to ensure that passenger rail services are integrated with existing rail and transit services
and other transportation facilities to provide as nearly as possible connected, efficient,
and integrated services.
new text end

Sec. 27.

new text begin [174.638] DESIGN-BUILD CONTRACTING.
new text end

new text begin The commissioner may utilize the design-build method of contracting, under
sections 161.3410 to 161.3428, in connection with the planning, design, development,
and construction of a high-speed passenger rail line connecting Chicago, La Crescent,
Winona, Red Wing, and the Union Depot Concourse Multimodal Transit Hub, located in
downtown St. Paul in the area south of Kellogg Boulevard and east of Jackson Street and
the potential future connection to Minneapolis.
new text end

Sec. 28.

new text begin [174.639] FUNDING.
new text end

new text begin Section 174.88 does not apply to the commissioner's performance of duties and
exercise of powers under sections 174.632 to 174.638.
new text end

Sec. 29.

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

219.01 TRACK SAFETY STANDARDS new text begin ; SAFETY TECHNOLOGY GRANTS new text end .

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

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

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

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

Sec. 30. new text begin STUDY OF MANDATORY 24-HOUR VEHICLE LIGHTING.
new text end

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

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

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

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

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

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

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

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

Sec. 31. new text begin PASSENGER RAIL REPORT.
new text end

new text begin By February 1, 2010, the commissioner of transportation shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance concerning the status of passenger rail in this state.
The report must be made electronically and made available in print only upon request.
The report must include a summary of the current status of passenger rail projects and
recommend:
new text end

new text begin (1) a public participation process for intercity passenger rail planning;
new text end

new text begin (2) appropriate participation and levels of review by local units of government;
new text end

new text begin (3) future sources of funding for capital costs and operations;
new text end

new text begin (4) definitions to distinguish passenger rail from commuter rail;
new text end

new text begin (5) legislative changes to facilitate and improve the passenger rail planning
processes and operation;
new text end

new text begin (6) state and local operating subsidy mechanisms designed to create local tax equity
between communities served by passenger rail and communities served by commuter
rail; and
new text end

new text begin (7) recommend actions to provide service with geographic balance across the state.
new text end

Sec. 32. new text begin ECONOMIC RECOVERY FUNDS APPLICATION.
new text end

new text begin The commissioner of transportation shall work in cooperation with the state of
Wisconsin to prepare and submit timely application under the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, for grant funding relating to the planning,
design, development, and construction of a high-speed passenger rail line connecting
Chicago, La Crescent, Winona, Red Wing, and the Union Depot Concourse Multimodal
Transit Hub, located in downtown St. Paul in the area south of Kellogg Boulevard and
east of Jackson Street and the potential future connection to Minneapolis.
new text end

Sec. 33. new text begin AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION
CARD.
new text end

new text begin The commissioner of public safety shall enter into an agreement with the secretary
of the United States Department of Homeland Security to develop an enhanced Minnesota
driver's license and an enhanced Minnesota identification card to be designated by the
secretary as acceptable documents to denote identity and citizenship for purposes of
entering the United States at land and sea ports of entry upon implementation of section
7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (United States
Code, title 8, section 1185 Note).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 34. new text begin RULEMAKING.
new text end

new text begin The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100,
7410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or
enhanced identification card must prove United States citizenship and otherwise comply
with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The
amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, new text end new text begin are repealed.
new text end

Sec. 36. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 8 to 18 are effective June 1, 2009, for every enhanced driver's license and
enhanced identification card that is issued on or after January 1, 2010.
new text end