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SF 1647

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/27/2015 05:40pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; amending various provisions related to transportation
and public safety policies, including data practices and storage; motor carriers;
traffic regulation modifications; parking signs; advertising devices; vehicle
equipment; mini truck operation; railroad liability, powers, and crossing by
utilities; rail event response preparedness; minimum train crew size; drive away
in-transit licenses; road design; engine compression regulation by city of St. Paul;
turnbacks; bikeways; subcontracting goals; reporting requirements and alternative
damages appraisal for transportation projects; amending Minnesota Statutes
2014, sections 13.69, subdivision 1; 13.72, by adding a subdivision; 160.20,
subdivision 4; 160.232; 160.266, subdivisions 2, 3, by adding subdivisions;
161.088, subdivisions 3, 4, 5; 161.321, subdivisions 2a, 2c, 4; 161.368; 168.33,
subdivision 2; 169.06, subdivision 4a; 169.18, subdivision 12; 169.475,
subdivision 1; 169.49; 169.782, subdivisions 1, 2, 4; 169.791, subdivisions 1, 2;
169.81, by adding a subdivision; 171.061, subdivision 3; 173.02, by adding a
subdivision; 173.15; 174.03, subdivisions 10, 11; 174.12, subdivision 5; 174.40,
by adding a subdivision; 174.52, subdivisions 4a, 5; 219.76; 219.761; 221.031, by
adding a subdivision; 221.605, by adding a subdivision; 299D.085, subdivision
2; 473.146, subdivision 4; Laws 2009, chapter 158, section 10, as amended;
Laws 2014, chapter 312, article 10, section 11, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapters 161; 219; 237; 383B; 473.

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

Section 1.

Minnesota Statutes 2014, section 13.69, subdivision 1, is amended to read:


Subdivision 1.

Classifications.

(a) The following government data of the
Department of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that
data that are not medical data may be released to law enforcement agenciesnew text begin , and data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns
new text end ;

(3) Social Security numbers in driver's license and motor vehicle registration
records, except that Social Security numbers must be provided to the Department of
Revenue for purposes of tax administration, the Department of Labor and Industry for
purposes of workers' compensation administration and enforcement, and the Department
of Natural Resources for purposes of license application administration; and

(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11
, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a
designated caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to
communicate at that time and that the information is necessary for notifying the designated
caregiver of the need to care for a child of the license holder.

The department may release the Social Security number only as provided in clause
(3) and must not sell or otherwise provide individual Social Security numbers or lists of
Social Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are
confidential data: data concerning an individual's driving ability when that data is received
from a member of the individual's family.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 13.72, is amended by adding a subdivision to
read:


new text begin Subd. 20. new text end

new text begin Construction project schedule data. new text end

new text begin A construction project schedule
or any portion of a construction project schedule created by a vendor, as defined by
section 16C.02, subdivision 21, and submitted to or maintained by the Department of
Transportation is nonpublic data from the time the construction project is advertised
until the project is awarded.
new text end

Sec. 3.

Minnesota Statutes 2014, section 160.20, subdivision 4, is amended to read:


Subd. 4.

Conditions.

(a) A road authority may accept applications for permits for
installation of drain tile along or across the right-of-way under its jurisdiction. The road
authority may adopt reasonable rules for the installations and may require a bond before
granting a permit. Permits for installation along a highway right-of-way must ensure that
the length of the installation is restricted to the minimum necessary to achieve the desired
agricultural benefits. A permit must not allow open trenches to be left on the right-of-way
after installation of the drain tile is completed. A road authority that grants a permit for
tile drain installation is not responsible for damage to that installation resulting from the
action of the authority or any other permittee utilizing the right-of-way.

(b) A person who installs drain tile along or across a highway right-of-way without
obtaining a permit as provided in this section is guilty of a misdemeanor.

(c) The commissioner shall take no action under this section which will result in the
loss of federal aid for highway construction in the state.

(d) For the purpose of deleted text begin this sectiondeleted text end new text begin subdivisions 2 to 4new text end , "highway" means any
highway as defined in section 160.02 which is located outside the corporate limits of a
home rule charter or statutory city.

Sec. 4.

Minnesota Statutes 2014, section 160.232, is amended to read:


160.232 MOWING DITCHES deleted text begin OUTSIDE CITIESdeleted text end .

(a) To provide enhanced roadside habitat for nesting birds and other small wildlife,
road authorities new text begin and persons new text end may not mownew text begin , hay,new text end or till the right-of-way of a highway
deleted text begin located outside of a home rule charter or statutory citydeleted text end except as allowed in this section
and section 160.23.

(b) On any highway, the first eight feet away from the road surface, or shoulder
if one exists, may be mowed at any time.

(c) An entire right-of-way may be mowed deleted text begin after Julydeleted text end new text begin from August 1 to December
new text end 31. From deleted text begin August 31deleted text end new text begin January 1new text end to deleted text begin the followingdeleted text end July 31, deleted text begin the entire right-of-waydeleted text end new text begin additional
areas
new text end may only be mowed if necessary for safety reasons, but may not be mowed to a
height of less than deleted text begin 12deleted text end new text begin eightnew text end inches.

(d) A right-of-way may be deleted text begin mowed as necessary to maintain sight distance for safety
and may be mowed at other times under rules of the commissioner, or by ordinance of
a local road authority not conflicting with the rules of the commissioner
deleted text end new text begin spot-mowed or
precision-hayed for treatment of noxious weeds or invasive plant species, incorporating
best management practices for long-term control
new text end .

(e)new text begin Residences and other areas traditionally maintained may be mowed, but
landowners are encouraged to delay mowing the right-of-way until after nesting season.
new text end

new text begin (f)new text end A right-of-way may be mowed, new text begin hayed, new text end burned, or tilled to prepare deleted text begin the right-of-way
deleted text end for the establishment of permanent vegetative cover or for prairie vegetation management.

new text begin (g) Roadsides adjacent to state wildlife management areas may not be mowed or
hayed by persons other than road authorities unless permission to mow or hay the roadside
is obtained from the commissioner of natural resources.
new text end

new text begin (h) Private land owners and public land owners may request that roadsides on their
property not be mowed for the purpose of providing roadside habitat for wildlife or
pollinators. The request must be made in writing to the appropriate road authority and
shall include the legal description of the property.
new text end

new text begin (i) Local road authorities with roadside jurisdiction may create more restrictive
mowing, haying, or tilling ordinances on roads under their jurisdiction.
new text end

deleted text begin (f)deleted text end new text begin (j)new text end When feasible, road authorities are encouraged to utilize low maintenance,
native vegetation that reduces the need to mow, provides wildlife habitat, and maintains
public safety.

deleted text begin (g)deleted text end new text begin (k)new text end The commissioner of natural resources shall deleted text begin cooperatedeleted text end new text begin coordinatenew text end with the
commissioner of transportation new text begin and local road authorities new text end to provide enhanced roadside
habitat for nesting birdsnew text begin , native pollinators,new text end and other small wildlife.

new text begin (l) Licensed peace officers may enforce this section. The penalty for a violation of
this section is a petty misdemeanor and a civil penalty equal to the value of the vegetation
taken as determined by the road authority. Penalties collected under this section must
be deposited in an account maintained by the road authority with jurisdiction over the
roadside impacted by the violation.
new text end

Sec. 5.

Minnesota Statutes 2014, section 160.266, subdivision 2, is amended to read:


Subd. 2.

Creation.

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

Sec. 6.

Minnesota Statutes 2014, section 160.266, subdivision 3, is amended to read:


Subd. 3.

Connections with other bikeways.

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

(1) identify existing bikeways of regional significance that are in reasonable proximity
but not connected to the deleted text begin bikewaydeleted text end new text begin bikewaysnew text end established deleted text begin indeleted text end new text begin undernew text end this sectiondeleted text begin , including but
not limited to the Lake Wobegon Trail in the counties of Stearns and Todd
deleted text end ; and

(2) support development of linkages between bikeways deleted text begin identified under clause (1)
and the bikeway
deleted text end established deleted text begin indeleted text end new text begin undernew text end this section.

(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of the deleted text begin bikeway
deleted text end new text begin bikewaysnew text end under deleted text begin subdivision 1deleted text end new text begin this sectionnew text end .

Sec. 7.

Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Mississippi River Trail. new text end

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

Sec. 8.

Minnesota Statutes 2014, section 160.266, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin James L. Oberstar Memorial Bikeway. new text end

new text begin The James L. Oberstar Memorial
Bikeway shall originate in the city of St. Paul in Ramsey County, then proceed north
through the cities of North Branch in Chisago County, Hinckley in Pine County, Carlton in
Carlton County, Duluth in St. Louis County, Two Harbors in Lake County, and Grand
Marais in Cook County to Minnesota's boundary with Canada and there terminate.
new text end

Sec. 9.

Minnesota Statutes 2014, section 161.088, subdivision 3, is amended to read:


Subd. 3.

Project classification.

The commissioner shall determine whether each
candidate project can be classified into at least one of the following classifications:

(1) capacity development, for a project on a segment of a trunk highway where the
segment:

(i) is not a divided highway, and that highway is an expressway or freeway beyond
the project limits;

(ii) contains a highway terminus that lacks an intersection or interchange with
another trunk highway;

(iii) contains fewer lanes of travel compared to that highway beyond the project
limits; or

(iv) contains a location that is proposed as a new interchange or to be reconstructed
from an intersection to an interchange; deleted text begin or
deleted text end

(2) freight improvement, for an asset preservation or replacement project that can
result in:

(i) removing or reducing barriers to commerce;

(ii) easing or preserving freight movement;

(iii) supporting emerging industries; or

(iv) providing connections between the trunk highway system and other
transportation modes for the movement of freightnew text begin ; or
new text end

new text begin (3) main street improvement, for a project on a segment of trunk highway passing
through a city center, in order to:
new text end

new text begin (i) restore or improve economic vitality; and
new text end

new text begin (ii) improve safety for all road usersnew text end .

Sec. 10.

Minnesota Statutes 2014, section 161.088, subdivision 4, is amended to read:


Subd. 4.

Project eligibility.

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

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

(2) location of the project on an interregional corridor, for a project located outside
of the Department of Transportation metropolitan districtnew text begin , or within a citynew text end ;

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

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

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

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

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

Sec. 11.

Minnesota Statutes 2014, section 161.088, subdivision 5, is amended to read:


Subd. 5.

Project selection process; criteria.

(a) The commissioner shall establish a
process for identification, evaluation, and selection of projects under the program.

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

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

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

(2) measurable impacts on commerce and economic competitiveness;

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

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

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

(4) improvements to traffic safetynew text begin for all road usersnew text end ;

(5) connections deleted text begin todeleted text end new text begin between and within new text end regional trade centersdeleted text begin ,deleted text end new text begin and connections with
new text end local highway systemsdeleted text begin ,deleted text end and other transportation modes;

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

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

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

Sec. 12.

new text begin [161.317] MADE IN AMERICA.
new text end

new text begin In all highway construction and maintenance projects, the commissioner shall, to
the greatest extent feasible, utilize products, materials, and equipment that are made in
America and shall include this requirement in the department's contract specifications.
new text end

Sec. 13.

Minnesota Statutes 2014, section 161.321, subdivision 2a, is amended to read:


Subd. 2a.

Small targeted group business; subcontracting goals.

(a) The
commissionerdeleted text begin , as a condition of awarding a construction contract,deleted text end may set goals deleted text begin that
require the
deleted text end new text begin for targeted group business participation in contracts. As a condition of award,
the
new text end prime contractor new text begin is required new text end to deleted text begin subcontract portions of the contract to small targeted
group businesses. Prime contractors must demonstrate good faith efforts to meet the
project goals.
deleted text end deleted text begin The commissioner shall establish a procedure for granting waivers from
the subcontracting requirement when qualified small targeted group businesses are not
reasonably available
deleted text end new text begin either meet the goal or demonstrate good faith efforts to meet the
goal. The commissioner must establish a procedure for evaluating the good faith efforts
of contractors that do not meet the goal
new text end . The commissioner may establish (1) financial
incentives for prime contractors who exceed the goals set for the use of subcontractors
under this subdivision; and (2) sanctions for prime contractors who fail to make good faith
efforts to meet the goals set under this subdivision.

(b) The small targeted group business subcontracting requirements of this
subdivision do not apply to prime contractors who are small targeted group businesses.

Sec. 14.

Minnesota Statutes 2014, section 161.321, subdivision 2c, is amended to read:


Subd. 2c.

Veteran-owned small business; subcontracting goals.

(a) The
commissionerdeleted text begin , as a condition of awarding a construction contract,deleted text end may set goals deleted text begin that
require the prime contractor to subcontract portions of the contract to veteran-owned small
businesses
deleted text end new text begin for veteran-owned small business participation in contractsnew text end , except when
prohibited by federal law or rule as a condition of receiving federal funds. new text begin As a condition
of award, the
new text end prime deleted text begin contractorsdeleted text end new text begin contractornew text end must new text begin either meet the goal or new text end demonstrate good
faith efforts to meet the deleted text begin projectdeleted text end goals. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish a procedure
for deleted text begin granting waivers from the subcontracting requirement when qualified veteran-owned
small businesses are not reasonably available
deleted text end new text begin evaluating the good faith efforts of
contractors that do not meet the goal
new text end . The commissioner may establish (1) financial
incentives for prime contractors who exceed the goals set for the use of subcontractors
under this subdivision; and (2) sanctions for prime contractors who deleted text begin have not been granted
a waiver and
deleted text end fail to new text begin make good faith efforts to new text end meet goals set under this subdivision.

(b) The subcontracting requirements of this subdivision do not apply to prime
contractors who are veteran-owned small businesses.

Sec. 15.

Minnesota Statutes 2014, section 161.321, subdivision 4, is amended to read:


Subd. 4.

Contract awards, limitations.

deleted text begin Contracts awarded pursuant to this section
are subject to all limitations contained in rules adopted by
deleted text end new text begin The commissioner may elect to
subject contracts awarded under this section to limitations contained in rules adopted by
new text end the commissioner of administration.

Sec. 16.

Minnesota Statutes 2014, section 161.368, is amended to read:


161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.

new text begin (a) new text end On behalf of the state, the commissioner may enter into agreements with Indian
tribal authorities for the purpose of providing maintenance, design, and construction to
highways on tribal lands. These agreements may include (1) a provision for waiver of
immunity from suit by a party to the contract on the part of the tribal authority with respect
to any controversy arising out of the contract and (2) a provision conferring jurisdiction on
state district courts to hear such a controversy.

new text begin (b) Notwithstanding section 161.32, for construction of highways on tribal lands
in a reservation exempt from Public Law 83-280, the commissioner may: (1) award
a preference for Indian-owned contractors to the same extent provided in the applicable
Tribal Employment Rights Ordinance, but not to exceed ten percent; or (2) negotiate
with the tribal authority and enter into an agreement for the tribal authority to award and
administer the construction contract, with the commissioner providing funding for the
state share of the project. If negotiating with the tribal authority, the commissioner must
perform an independent cost estimate and determine that the cost proposed by the tribal
authority is reasonable. An agreement negotiated with a tribal authority must include a
clause requiring conformance with plans and specifications approved by the commissioner.
new text end

Sec. 17.

Minnesota Statutes 2014, 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.

(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) A corporation governed by chapter 302A or 317A 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.

(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.new text begin As an alternative to paper copy storage, a deputy registrar may retain records
and documents in a secure electronic medium, provided 60 days have elapsed since
the transaction and subject to standards established by the commissioner. The deputy
registrar is responsible for all costs associated with the conversion to electronic records
and maintenance of the electronic storage medium, including the destruction of existing
paper records after conversion to the electronic format.
new text end 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
management and budget. 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. 18.

Minnesota Statutes 2014, section 169.06, subdivision 4a, is amended to read:


Subd. 4a.

Obedience to work zone flagger; violation, penalty.

(a) A flagger in a
work zone may stop vehicles and hold vehicles in place deleted text begin until it is safe for the vehicles to
deleted text end deleted text begin proceed. A person operating a motor vehicle that has been stopped by a flagger in a work
deleted text end deleted text begin zone may proceed after stopping only on instruction by the flagger or a police officerdeleted text end new text begin and
direct them to proceed when it is safe. A driver who does not comply with the instruction
of an official traffic control device, flagger, or peace officer in a work zone is guilty of
a petty misdemeanor, and shall pay a fine of $300, in addition to the surcharge under
section 357.021, subdivision 6
new text end .

(b) A person convicted of operating a motor vehicle in violation of a speed limit
in a work zone, or any other provision of this section while in a work zone, shall be
required to pay a fine of $300. This fine is in addition to the surcharge under section
357.021, subdivision 6.

(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the
vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty
misdemeanor and is subject to a fine as provided in paragraph (b). The owner or lessee may
not be fined under this paragraph if (1) another person is convicted for that violation, or (2)
the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a
lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle
operator for violating paragraph (a).

(e) A violation under paragraph (c) does not constitute grounds for revocation or
suspension of a driver's license.

new text begin (f) A peace officer may stop and issue a citation to the driver of a motor vehicle if
the peace officer has probable cause to believe the driver has, within the last four hours,
operated the vehicle in a manner that violates paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
violations committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2014, section 169.18, subdivision 12, is amended to read:


Subd. 12.

Passing certain parked vehicles.

(a) When approaching and before
passing a freeway service patrolnew text begin vehiclenew text end , road maintenancenew text begin vehicle, utility company
vehicle
new text end , or construction vehicle with its warning lights activated that is parked or otherwise
stopped on or next to a street or highway having two lanes in the same direction, the driver
of a vehicle shall safely move the vehicle to the lane farthest away from the new text begin parked or
stopped
new text end vehicle, if it is possible to do so.

(b) When approaching and before passing a freeway service patrolnew text begin vehiclenew text end , road
maintenancenew text begin vehicle, utility company vehiclenew text end , or construction vehicle with its warning
lights activated that is parked or otherwise stopped on or next to a street or highway
having more than two lanes in the same direction, the driver of a vehicle shall safely move
the vehicle so as to leave a full lane vacant between the driver and any lane in which the
vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.

Sec. 20.

Minnesota Statutes 2014, section 169.475, subdivision 1, is amended to read:


Subdivision 1.

Definition.

For purposes of this section, "electronic message"
means a self-contained piece of digital communication that is designed or intended to be
transmitted between physical devices. An electronic message includes, but is not limited
to, e-mail, a text message, an instant message, a command or request to access a World
Wide Web page, or other data that uses a commonly recognized electronic communications
protocol. An electronic message does not include voice or other data transmitted as a result
of making a phone call, deleted text begin ordeleted text end data transmitted automatically by a wireless communications
device without direct initiation by a personnew text begin , or data or images displayed on a wireless
communication device through global positioning systems or navigation systems
new text end .

Sec. 21.

Minnesota Statutes 2014, section 169.49, is amended to read:


169.49 HEADLAMPS.

(a) Every motor vehicledeleted text begin ,deleted text end other than a motorcycledeleted text begin , shalldeleted text end new text begin mustnew text end be equipped with at
least two headlamps, deleted text begin withdeleted text end new text begin includingnew text end at least one on each side of the front of the motor
vehicledeleted text begin , whichdeleted text end new text begin .new text end Headlamps deleted text begin shalldeleted text end new text begin mustnew text end comply with the requirements and limitations set
forth in sections 169.47 to deleted text begin 169.79deleted text end new text begin 169.66new text end .

(b) Every motorcycle deleted text begin shalldeleted text end new text begin mustnew text end be equipped with at least one and not more than
deleted text begin twodeleted text end new text begin fournew text end headlamps, which deleted text begin shalldeleted text end new text begin mustnew text end comply with the requirements and limitations of
sections 169.47 to deleted text begin 169.79deleted text end new text begin 169.66new 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. 22.

Minnesota Statutes 2014, section 169.782, subdivision 1, is amended to read:


Subdivision 1.

Driver; daily inspectionnew text begin ,new text end report.

(a) The driver of a commercial
motor vehicle shall deleted text begin report in writingdeleted text end new text begin inspectnew text end at the completion of each day's work deleted text begin ondeleted text end each
commercial motor vehicle the driver has operated. A person who owns one or more
commercial motor vehicles and who employs drivers for those commercial motor vehicles
must require each driver to submit a written report as required by this section.new text begin The driver
of a commercial motor vehicle subject to this section is not required to prepare and submit
a written report if no defect or deficiency is discovered by or reported to the driver,
except that the driver of a passenger-carrying commercial motor vehicle shall prepare and
submit a written report regardless of whether any defect or deficiency is discovered by
or reported to the driver.
new text end

new text begin (b)new text end Thenew text begin inspection andnew text end report must cover the following parts and accessories: service
brakes, including trailer and semitrailer brake connections; parking (hand) brake; steering
mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear
vision mirror or mirrors; coupling devices; wheels and rims; and emergency equipment.

deleted text begin (b)deleted text end new text begin (c)new text end The report must identify the vehicle and list any defect or deficiency
discovered by or reported to the driver that would affect the safe operation of the vehicle or
result in its mechanical breakdown. If no defect or deficiency is discovered by or reported
to the driver, the report must so indicate. The driver must sign the report after completing
it. In the case of a commercial motor vehicle operated by two drivers, the signature of one
of the drivers satisfies the requirements of this subdivision if both drivers agree concerning
the defects or deficiencies. If a driver operates more than one commercial motor vehicle
during a day's work, a report must be prepared for each vehicle operated.

deleted text begin (c)deleted text end new text begin (d)new text end Before operating or allowing the operation of a commercial motor vehicle
on which a report has been prepared under this subdivision, the owner of the vehicle or
the owner's agent must repair defects or deficiencies listed on the report that would likely
affect the safe operation of the vehicle. Before allowing the commercial motor vehicle to
be operated again, the owner or the owner's agent must certify, on the report listing the
defect or deficiency, that the defect or deficiency has been corrected or that correction is
unnecessary. A motor carrier must keep the original vehicle inspection report for at least
three months after the date of inspection. The report must be available for inspection by
an authorized federal, state, or local official at any time during this period.

deleted text begin (d)deleted text end new text begin (e)new text end A copy of the vehicle inspection report, including a certification of corrections
resulting from the report, must be carried in the commercial motor vehicle, or in the power
unit of a commercial motor vehicle combination, at all times when the vehicle or power
unit is operated until the next inspection report is completed under this subdivision. The
copy must be made available on demand to (1) a peace officer, (2) a person authorized
under section 221.221, and (3) a person described in section 299D.06.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2014, section 169.782, subdivision 2, is amended to read:


Subd. 2.

Driver; pretrip inspection.

deleted text begin (a) Before drivingdeleted text end new text begin Prior to the first operation
of
new text end a commercial motor vehiclenew text begin following completion of a daily inspection report under
subdivision 1
new text end , a driver must:

(1) review the most recent vehicle inspection report on the vehicle;

(2) determine that the vehicle is in safe operating condition; and

(3) sign the inspection report in the vehicle.

The driver shall sign the report only if all defects and deficiencies listed in the report
have been certified as having been corrected or as not requiring correction.

deleted text begin (b) If the commercial motor vehicle does not contain the previous day's inspection
report, the driver must make the inspection and complete the report required under
subdivision 1.
deleted 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.

Minnesota Statutes 2014, section 169.782, subdivision 4, is amended to read:


Subd. 4.

Exceptions.

(a) deleted text begin With the exception of subdivision 2, paragraph (a), clause
(2),
deleted text end This section does not apply to a commercial motor vehicle that is a farm truck that may
be operated by a person not holding a commercial driver's licensenew text begin , provided that before
driving the vehicle, a driver must determine that the vehicle is in safe operating condition
new text end .

(b) This section does not apply to a commercial motor vehicle held for resale by a
motor vehicle dealer licensed under section 168.27.

(c) This section does not apply to a covered farm vehicle as defined in Code of
Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
a type or quantity that requires the vehicle to be placarded in accordance with Code of
Federal Regulations, title 49, section 172.504.

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2014, section 169.791, subdivision 1, is amended to read:


Subdivision 1.

Terms defined.

(a) For purposes of this section and sections 169.792
to 169.798, the following terms have the meanings given.

(b) "Commissioner" means the commissioner of public safety.

(c) "District court administrator" or "court administrator" means the district court
administrator or a deputy district court administrator of the district court that has
jurisdiction of a violation of this section.

(d) "Insurance identification card" means a cardnew text begin , including in an electronic format as
provided in section 65B.482, subdivision 1,
new text end issued by an obligor to an insured stating that
security as required by section 65B.48 has been provided for the insured's vehicle.

(e) "Law enforcement agency" means the law enforcement agency that employed
the peace officer who demanded proof of insurance under this section or section 169.792.

(f) "Peace officer" or "officer" means an employee of a political subdivision or
state law enforcement agency, including the Minnesota State Patrol, who is licensed by
the Minnesota Board of Peace Officer Standards and Training and is authorized to make
arrests for violations of traffic laws.

(g) "Proof of insurance" means an insurance identification card, written statement, or
insurance policy as defined by section 65B.14, subdivision 2.

(h) "Vehicle" means a motor vehicle as defined in section 65B.43, subdivision 2, or a
motorcycle as defined in section 65B.43, subdivision 13.

(i) "Written statement" means a written statement by a licensed insurance agent
stating the name and address of the insured, the vehicle identification number of the
insured's vehicle, that a plan of reparation security as required by section 65B.48 has been
provided for the insured's vehicle, and the dates of the coverage.

(j) The definitions in section 65B.43 apply to sections 169.792 to 169.798.

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Minnesota Statutes 2014, section 169.791, subdivision 2, is amended to read:


Subd. 2.

Requirement for driver, whether or not owner.

new text begin (a) new text end Every driver shall
have in possession at all times when operating a vehicle and shall produce on demand
of a peace officer proof of insurance in force at the time of the demand covering the
vehicle being operated. If the driver does not produce the required proof of insurance
upon the demand of a peace officer, the driver is guilty of a misdemeanor. A person is
guilty of a gross misdemeanor who violates this section within ten years of the first of
two prior convictions under this section, section 169.797, or a statute or ordinance in
conformity with one of those sections. The same prosecuting authority who is responsible
for prosecuting misdemeanor violations of this section is responsible for prosecuting gross
misdemeanor violations of this section. A driver who is not the owner of the vehicle may
not be convicted under this section unless the driver knew or had reason to know that the
owner did not have proof of insurance required by this section, provided that the driver
provides the officer with the name and address of the owner at the time of the demand
or complies with subdivision 3.

new text begin (b) The use of an electronic device to display proof of insurance does not constitute
consent for a peace officer to access other contents of the electronic device.
new text end

new text begin (c) If a policyholder provides an electronic device for proof of insurance, the
policyholder assumes all liability for any damage to the electronic device while in the
possession of the law enforcement officer.
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. 27.

Minnesota Statutes 2014, section 169.81, is amended by adding a subdivision
to read:


new text begin Subd. 3f. new text end

new text begin Length limits exclusion; aerodynamic device. new text end

new text begin An aerodynamic device
that meets the requirements under Code of Federal Regulations, title 23, section 658.16
(b)(4), is excluded from each calculation of length under subdivision 2, 3, or 3c, including
(1) total vehicle length; and (2) length of a semitrailer or trailer, whether in a vehicle
combination or not.
new text end

Sec. 28.

Minnesota Statutes 2014, section 171.061, subdivision 3, is amended to read:


Subd. 3.

Application.

An applicant may file an application with an agent. The
agent shall receive and accept applications in accordance with the laws and rules of the
Department of Public Safety for a driver's license, restricted license, duplicate license,
instruction permit, Minnesota identification card, or motorized bicycle operator's permit.
new text begin As an alternative to paper copy storage, an agent may retain records and documents in
a secure electronic medium, provided 60 days have elapsed since the transaction and
subject to standards established by the commissioner. The agent is responsible for all costs
associated with the conversion to electronic records and maintenance of the electronic
storage medium, including the destruction of existing paper records after conversion
to the electronic format.
new text end

Sec. 29.

Minnesota Statutes 2014, section 173.02, is amended by adding a subdivision
to read:


new text begin Subd. 18a. new text end

new text begin Electronic advertising device. new text end

new text begin (a) "Electronic advertising device"
means an advertising device that is capable of displaying digital content that can be
changed through messaging or electronic communications technology.
new text end

new text begin (b) Digital content consists of static text and images only, and does not include
animation, flashing or moving lights, video, and other content having the appearance
of movement.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30.

Minnesota Statutes 2014, section 173.15, is amended to read:


173.15 PROHIBITED ADVERTISING DEVICES.

new text begin (a) new text end After June 8, 1971 no advertising device shall be erected or maintained:

(1) which purports to be or resembles an official traffic-control device, sign, or
signal, or railroad sign or signal; or which hides from view or interferes in any material
degree with the effectiveness of any traffic-control device, sign, or signal, or railroad sign
or signal, or which obstructs or interferes with the driver's view of approaching, merging,
or intersecting traffic for a distance not to exceed 500 feet;

(2) which prominently displays the word "stop" or "danger";

(3) which contains statements, words, or pictures of an obscene, indecent, or
immoral character, or such as would offend public morals or decency;

(4) on any right-of-way of the interstate system of highways, except as otherwise
provided by law or allowed by the commissioner;

(5) on private land without the consent of the owner or occupant thereof;

(6) on trees, shrubs, or which are painted or drawn upon rocks or natural features,
or on public utility poles;

(7) which has distracting flashing or moving lights so designed or lighted as to
be a traffic hazard;

(8) to which access can be obtained only from an interstate main-traveled way but
excluding frontage roads adjacent thereto;

(9) which are structurally unsafe, are in disrepair, or are abandoned.

new text begin (b) The prohibition under paragraph (a), clause (7), does not include an electronic
advertising device in which digital content changes no more frequently than once every
six seconds.
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. 31.

Minnesota Statutes 2014, section 174.03, subdivision 10, is amended to read:


Subd. 10.

Highway construction training; report.

(a) The commissioner of
transportation shall utilize the maximum feasible amount of all federal funds available to
this state under United States Code, title 23, section 140, paragraph (b), to develop, conduct,
and administer highway construction training, including skill improvement programs.

(b) The commissioner of transportation must report by February 1 of each
deleted text begin odd-numbereddeleted text end year to the house of representatives and senate committees having
jurisdiction over transportation policy and finance concerning the commissioner's
compliance with paragraph (a). The report must, with respect to deleted text begin each ofdeleted text end the deleted text begin twodeleted text end previous
calendar deleted text begin yearsdeleted text end new text begin yearnew text end :

(1) describe the highway construction training and skill improvement programs the
commissioner has conducted and administered;

(2) analyze the results of the commissioner's training programs;

(3) state the amount of federal funds available to this state under United States Code,
title 23, section 140, paragraph (b); and

(4) identify the amount spent by the commissioner in conducting and administering
the programs.

Sec. 32.

Minnesota Statutes 2014, section 174.03, subdivision 11, is amended to read:


Subd. 11.

Disadvantaged business enterprise program; report.

(a) The
commissioner shall include in each contract that is funded at least in part by federal funds,
a sanction for each contractor who does not meet the established project disadvantaged
business enterprise goal or demonstrate good-faith effort to meet the goal.

(b) The commissioner of transportation shall report by February 1 of each
deleted text begin odd-numbereddeleted text end year to the house of representatives and senate committees having
jurisdiction over transportation policy and finance concerning the commissioner's
disadvantaged business enterprise program. The report must, with respect to deleted text begin each ofdeleted text end the
deleted text begin twodeleted text end previous calendar deleted text begin yearsdeleted text end new text begin yearnew text end :

(1) state the department's annual overall goal, compared with the percentage attained;

(2) explain the methodology, applicable facts, and public participation used to
establish the overall goal;

(3) describe good-faith efforts to meet the goal, if the goal was not attained;

(4) describe actions to address overconcentration of disadvantaged business
enterprises in certain types of work;

(5) state the number of contracts that included disadvantaged business enterprise
goals, the number of contractors that met established disadvantaged business enterprise
goals, and sanctions imposed for lack of good-faith effort; and

(6) describe contracts with no disadvantaged business enterprise goals, and, of
those, state number of contracts and amount of each contract with targeted groups under
section 16C.16.

Sec. 33.

Minnesota Statutes 2014, section 174.12, subdivision 5, is amended to read:


Subd. 5.

Financial assistance; criteria.

The commissioners of transportation and
employment and economic development shall establish criteria for evaluating projects
for financial assistance under this section. At a minimum, the criteria must provide an
objective method to prioritize and select projects on the basis of:

(1) the extent to which the project provides measurable economic benefit
new text begin in accordance with the performance measures developed by the commissioner of
employment and economic development under subdivision 4
new text end ;

(2) consistency with relevant state and local transportation plans;

(3) the availability and commitment of funding or in-kind assistance for the project
from nonpublic new text begin or nonstate new text end sources;

(4) the need for the project as part of the overall transportation system;

(5) the extent to which completion of the project will improve the movement of
people and freight; deleted text begin and
deleted text end

new text begin (6) the extent to which the project promotes access to jobs and employment centers
and connections between modes of transportation; and
new text end

deleted text begin (6)deleted text end new text begin (7)new text end geographic balance as required under subdivision 7, paragraph (b).

Sec. 34.

Minnesota Statutes 2014, section 174.40, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Eligibility. new text end

new text begin A statutory or home rule charter city, county, or town in which
infrastructure expansion or development is in process is eligible to receive infrastructure
funding on or after June 1, 2016, under this section only if it has adopted subdivision
regulations that require a developer to include safe routes to school infrastructure in new
developments.
new text end

Sec. 35.

Minnesota Statutes 2014, section 174.52, subdivision 4a, is amended to read:


Subd. 4a.

Rural road safety account; appropriation.

(a) A rural road safety
account is established in the local road improvement fund. Money in the account is
annually appropriated to the commissioner of transportation for expenditure as specified
in this subdivision. Money in the account must be used as grants to counties to assist in
paying the costs of capital improvement projects on county state-aid highways that are
intended primarily to reduce traffic crashes, deaths, injuries, and property damagenew text begin and
improve safety for all road users
new text end .

(b) The commissioner shall establish procedures for counties to apply for grants
from the rural road safety account and criteria to be used to select projects for funding.
The commissioner shall establish these procedures and criteria in consultation with
representatives appointed by the Association of Minnesota Counties. Eligibility for
project selection must be based on the ability of each proposed project to reduce the
frequency and severity of crashes.

(c) Money in the account must be allocated in each fiscal year as follows:

(1) one-third of money in the account must be used for projects in the counties of
Anoka, Chisago, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington; and

(2) the remainder must be used for projects elsewhere in the state.

Sec. 36.

Minnesota Statutes 2014, section 174.52, subdivision 5, is amended to read:


Subd. 5.

Grant procedures and criteria.

The commissioner shall establish
procedures for statutory or home rule charter cities, towns, and counties to apply for
grants or loans from the fund and criteria to be used to select projects for funding.
The commissioner shall establish these procedures and criteria in consultation with
representatives appointed by the Association of Minnesota Counties, League of Minnesota
Cities, Minnesota Association of Townships, and the appropriate state agency as needed.
The criteria for determining project priority and the amount of a grant or loan must be
based upon consideration of:

(1) the availability of other state, federal, and local funds;

(2) the regional significance of the route;

(3) effectiveness of the proposed project in eliminating a transportation system
deficiencynew text begin and improve safety for all road usersnew text end ;

(4) the number of persons who will be positively impacted by the project;

(5) the project's contribution to other local, regional, or state economic development
or redevelopment efforts including livestock and other agricultural operations permitted
after the effective date of this section; and

(6) ability of the local unit of government to adequately provide for the safe
operation and maintenance of the facility upon project completion.

Sec. 37.

new text begin [219.752] MINIMUM CREW SIZE.
new text end

new text begin No Class I or Class II railroad shall allow the operation of a railroad train or
locomotive in this state, used in connection with the movement of freight or passengers,
without a crew composed of a minimum of two individuals, except hostling and helper
operations, remote control locomotives in yards, and as otherwise provided by Code of
Federal Regulations, title 49, part 218, subpart B. A railroad that violates this section is
guilty of a misdemeanor and, in addition to any other sanctions authorized in law, shall
be ordered to pay a fine of at least $250 for a first-time violation of this section, and
$1,000 for a second or subsequent violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 38.

Minnesota Statutes 2014, section 219.76, is amended to read:


219.76 deleted text begin FIREdeleted text end new text begin DAMAGE new text end CAUSED BY deleted text begin ENGINEdeleted text end new text begin TRAIN OR CONTENTSnew text end ;
INSURABLE INTEREST.

A railroad deleted text begin corporation owning ordeleted text end operating deleted text begin a railroaddeleted text end in this state is responsible in
damages to every person new text begin who is injured new text end and deleted text begin corporationdeleted text end new text begin public or private entity or person
new text end whose property is injurednew text begin , damaged,new text end or destroyed by fire deleted text begin communicateddeleted text end new text begin spread new text end directly
or indirectly by the locomotive deleted text begin enginesdeleted text end new text begin or rolling stock new text end in use upon its railroad linenew text begin , or
contents of the rolling stock, or caused directly or indirectly by spill, tear, discharge, or
combustion of train contents
new text end . Each railroad deleted text begin corporationdeleted text end shall have an insurable interest
in the property upon the route of its railroad line and may procure insurance in its own
behalf for its protection against the damages.

Sec. 39.

Minnesota Statutes 2014, section 219.761, is amended to read:


219.761 deleted text begin EXTINGUISHING LOCOMOTIVEdeleted text end new text begin RESPONSE TO
TRAIN-RELATED
new text end FIREnew text begin OR OTHER EMERGENCYnew text end ; REIMBURSEMENT.

Subdivision 1.

Reimbursement.

new text begin (a)new text end A railroad operating in Minnesota is liable for
all reasonable expenses of deleted text begin extinguishment whendeleted text end a fire or deleted text begin fire hazarddeleted text end new text begin othernew text end emergency new text begin that
new text end is proximately caused by a railroad locomotive, rolling stock new text begin or its contentsnew text end , or employees
on a railroad right-of-way deleted text begin ordeleted text end new text begin ,new text end operating propertynew text begin , or other propertynew text end . If deleted text begin the fire department
deleted text end deleted text begin of a local government or nonprofit firefighting corporation extinguishesdeleted text end new text begin an emergency
responder, local government entity, or nonprofit firefighting corporation responds to
new text end a
fire deleted text begin arising from one occurrencedeleted text end new text begin or responds to another emergency new text end and deems that it is
entitled to reimbursement for its expenses, it shall, within 60 days after the first full day
after deleted text begin extinguishmentdeleted text end new text begin the emergency responsenew text end , give the railroaddeleted text begin , by mail,deleted text end written notice
stating the circumstances of the fire new text begin or other emergency new text end as then known. The notice
may be given to the railroad at any address at which the owner has an office, agent, or
other place of business in this state. The date of the mailing is the date or service of the
notice.new text begin For purposes of this paragraph, reasonable response expenses include all expenses
incurred by a fire department or other emergency responder in supplying mutual aid
assistance, regardless of whether the fire department or emergency responder is entitled
to reimbursement from the entity requesting assistance.
new text end

new text begin (b) new text end If after notice and claim for reimbursement, the railroad deleted text begin working the right-of-way
deleted text end refuses to reimburse the local governmentnew text begin ,new text end or nonprofit firefighting corporationnew text begin , or other
emergency responders
new text end for expenses incurred, the claimant may recover by civil action
reasonable expenses, costs, disbursements, and attorney's fees.

Subd. 2.

Information in claim.

All claims must set forth the basis of the claim
including the time, date, place, and circumstances of the claim. A claim must also include
an itemization of costs incurred to extinguish the firenew text begin or respond to the emergencynew text end . The
state Fire Marshal, in consultation with fire department chiefs deleted text begin anddeleted text end new text begin ,new text end representatives of the
interested railroadsnew text begin , representatives of local government entities, nonprofit firefighting
corporations, and other emergency responders
new text end , may recommend that additional
information be included in a claim.

Subd. 3.

Other costs, remedies.

(a) If the railroads are required to pay property
taxes pursuant to chapter 272 or any other law, they shall also pay the fees and assessments
required of property owners situated within the same political subdivision for firefighting
and protection expenses.

(b) Neither the enactment of this section nor its subsequent repeal or termination
alters the statutory or common law rights, duties, or obligations of railroad companies
with regard to fires new text begin and other emergencies new text end caused directly or indirectly by a railroad
locomotive, rolling stock, new text begin contents, new text end or new text begin railroad new text end employees on a railroad right-of-way
deleted text begin ordeleted text end new text begin , new text end operating propertynew text begin , or other property, or caused directly or indirectly by spill, tear,
discharge, or combustion of train contents
new text end .

Sec. 40.

Minnesota Statutes 2014, section 221.031, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Federal out-of-service order; operation prohibited. new text end

new text begin No intrastate
carrier, private carrier engaged in intrastate commerce, or person providing intrastate
transportation service described in section 221.025 shall operate a commercial motor
vehicle in Minnesota while a motor carrier out-of-service order issued by the Federal
Motor Carrier Safety Administration under Code of Federal Regulations, title 49, part
385 or 386, is in effect.
new text end

Sec. 41.

Minnesota Statutes 2014, section 221.605, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Federal out-of-service order; operation prohibited. new text end

new text begin No interstate carrier
or private carrier engaged in interstate commerce shall operate a commercial motor
vehicle in Minnesota while a motor carrier out-of-service order issued by the Federal
Motor Carrier Safety Administration under Code of Federal Regulations, title 49, part
385 or 386, is in effect.
new text end

Sec. 42.

new text begin [237.045] RAILROAD RIGHTS-OF-WAY; CROSSING OR
PARALLELING BY UTILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Crossing" means the construction, operation, repair, or maintenance of a utility
facility over, under, or across a railroad right-of-way. The term includes longitudinal
occupancy of railroad right-of-way.
new text end

new text begin (c) "Facility" means any item of personal property placed over, across, or
underground for use in connection with the storage or conveyance of:
new text end

new text begin (1) water;
new text end

new text begin (2) sewage;
new text end

new text begin (3) electronic, telephone, or telegraphic communications;
new text end

new text begin (4) fiber optics;
new text end

new text begin (5) cablevision;
new text end

new text begin (6) electric energy;
new text end

new text begin (7) oil;
new text end

new text begin (8) gas;
new text end

new text begin (9) hazardous liquids; or
new text end

new text begin (10) other facilities including pipes, sewers, conduits, cables, valves, lines, wires,
manholes, or attachments.
new text end

new text begin (d) "Parallel" or "paralleling" means that the relevant utility facilities run adjacent
to and alongside the lines of a railroad for no more than one mile, or another distance
agreed to by the parties, before the utility facilities cross the railroad lines, terminate,
or exit the railroad right-of-way.
new text end

new text begin (e) "Railroad" means any association, corporation, or other entity engaged in
operating a common carrier by rail, or any other entity responsible for the management of
crossings or collection of crossing fees for the railroad.
new text end

new text begin (f) "Utility" means cooperative electric association, electric utility, public
utility, transmission company, gas utility, municipal utility, municipal power agency,
joint action agency, pipeline company, rural water system, or telephone, telegraph,
telecommunications, cable, or fiber optic carrier.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to:
new text end

new text begin (1) any crossing in existence before the effective date of this section if an agreement
concerning the crossing has expired or has been terminated. In such instance, if the
collective amount of $750 has been paid to the railroad during the existence of the
crossing, no additional fee is required; and
new text end

new text begin (2) any crossing commenced on or after the effective date of this section.
new text end

new text begin Subd. 3. new text end

new text begin Right-of-way crossing; application for permission. new text end

new text begin (a) Any utility
that intends to place a facility across or upon a railroad right-of-way shall request prior
permission from the railroad.
new text end

new text begin (b) The request shall be in the form of a completed crossing application, including a
drawing showing the location of the proposed crossing and the railroad's property, tracks,
and wires that the utility will cross. The utility shall submit the crossing application on a
form provided or approved by the railroad, if available.
new text end

new text begin (c) The crossing application shall be sent to the railroad by certified mail, with
return receipt requested.
new text end

new text begin (d) The application shall be accompanied by the crossing fee as set forth in
subdivision 5, and a certificate of insurance as required by subdivision 6.
new text end

new text begin Subd. 4. new text end

new text begin Right-of-way crossing; construction. new text end

new text begin Beginning 30 days after the
receipt by the railroad of a completed crossing application, crossing fee, and certificate of
insurance, the utility may commence the construction of the crossing unless the railroad
notifies the utility in writing that the proposed crossing or paralleling is a serious threat to
the safe operations of the railroad or to the current use of the railroad right-of-way.
new text end

new text begin Subd. 5. new text end

new text begin Standard crossing fee. new text end

new text begin (a) Unless otherwise agreed by the parties or
determined under section 237.04, a utility that crosses a railroad right-of-way, other than a
crossing within a public right-of-way, shall pay the railroad a onetime standard crossing
fee of $750 for each crossing. The standard crossing fee is in lieu of any license, permit,
application, processing fee, or any other fee or charge to reimburse the railroad for direct
expenses incurred by the railroad as a result of the crossing.
new text end

new text begin (b) In addition to the standard crossing fee, the utility shall also reimburse the
railroad for any reasonable flagging expense associated with a crossing.
new text end

new text begin (c) No crossing fee is required if the crossing is located within a public right-of-way.
new text end

new text begin (d) The placement of a single conduit and its content shall be considered a single
facility. No additional fees are payable based on the individual fibers, wires, lines, or
other items contained within the conduit.
new text end

new text begin Subd. 6. new text end

new text begin Certificate of insurance; coverage. new text end

new text begin (a) The certificate of insurance or
coverage submitted by a municipality shall include commercial general liability insurance
or an equivalent form with a limit of not less than $1,000,000 for each occurrence and
an aggregate of not less than $2,000,000.
new text end

new text begin (b) The certificate of insurance submitted by any other utility, except a gas or
hazardous materials pipeline utility, shall include commercial general liability insurance
with a combined single limit of a minimum of $2,000,000 for each occurrence and an
aggregate limit of at least $4,000,000.
new text end

new text begin (c) The certificate of insurance submitted by a gas or hazardous materials pipeline
utility shall include commercial general liability insurance with a combined single limit of a
minimum of $5,000,000 for each occurrence and an aggregate limit of at least $10,000,000.
new text end

new text begin (d) The certificate of insurance shall be from an insurer of the utility's choosing.
new text end

new text begin Subd. 7. new text end

new text begin Objection to crossing; petition to Public Utilities Commission. new text end

new text begin (a) If
a railroad objects to the proposed crossing or paralleling due to the proposal being a
serious threat to the safe operations of the railroad or to the current use of the railroad
right-of-way, the railroad shall provide to the utility notice of the objection and the specific
basis for the objection. The railroad shall send the notice of objection to the utility by
certified mail, with return receipt requested.
new text end

new text begin (b) If the parties are unable to resolve the objection, either party may petition the
Public Utilities Commission for their assistance via mediation or arbitration of the disputed
crossing application. The petition must be filed within 60 days of receipt of the objection.
Before filing a petition, the parties shall make good faith efforts to resolve the objection.
new text end

new text begin (c) If a petition is filed, the Public Utilities Commission must issue an order within
120 days of filing of the petition. The order may be appealed under chapter 14 and section
216B.27. The Public Utilities Commission shall assess the costs associated with a petition
equitably among the parties.
new text end

new text begin Subd. 8. new text end

new text begin Additional requirements; objection and petition to Public Utilities
Commission.
new text end

new text begin (a) If a railroad imposes additional requirements on a utility for crossing its
lines, other than the proposed crossing being a serious threat to the safe operations of the
railroad or to the current use of the railroad right-of-way, the utility may object to one or
more of the requirements. If it objects, the utility shall provide notice of the objection
and the specific basis for the objection to the railroad by certified mail, with return receipt
requested.
new text end

new text begin (b) If the parties are unable to resolve the objection, either party may petition the
Public Utilities Commission for resolution or modification of the additional requirements.
The petition must be filed within 60 days of receipt of the objection. Before filing a
petition, the parties shall make good faith efforts to resolve the objection.
new text end

new text begin (c) If a petition is filed, the Public Utilities Commission shall determine, after notice
and opportunity for hearing, whether special circumstances exist that necessitate additional
requirements for the placement of the crossing. The Public Utilities Commission must
issue an order within 120 days of filing of the petition. The order may be appealed under
chapter 14 and section 216B.27. The Public Utilities Commission shall assess the costs
associated with a petition equitably among the parties.
new text end

new text begin Subd. 9. new text end

new text begin Existing agreements. new text end

new text begin Nothing in this section prevents a railroad and a
utility from continuing under an existing agreement, or from otherwise negotiating the
terms and conditions applicable to a crossing or the resolution of any disputes relating
to the crossing. The use of this section or section 237.04 is optional. Nothing in this
section impairs the authority of a utility to secure crossing rights by easement through
exercise of the power of eminent domain.
new text end

Sec. 43.

Minnesota Statutes 2014, section 299D.085, subdivision 2, is amended to read:


Subd. 2.

Certificate.

No person may operate as an overdimensional load escort
driver in this state without a certificate issued by the commissioner, or by a state with
which the commissioner has entered into a reciprocal agreement. The commissioner shall
assess a fee for each certificate applicant, calculated to cover the commissioner's cost of
establishing and administering the program.new text begin No other certification is required to escort
an overdimensional load.
new text end

Sec. 44.

new text begin [383B.83] LIMITS ON RAILROAD CONDEMNATION POWERS
OVER CERTAIN GOVERNMENTAL PROPERTY INTERESTS.
new text end

new text begin Notwithstanding anything to the contrary in chapter 117, sections 222.26, 222.27,
222.36, or any other law, the powers of a foreign or domestic railroad corporation or a
railroad company or a railroad interest acting as a public service corporation or a common
carrier do not include the power to exercise eminent domain over a property interest of
Hennepin County, the Hennepin County Housing and Redevelopment Authority, or the
Hennepin County Regional Railroad Authority if the governmental power, by resolution
of its governing board, determines based on specific findings that the public safety or
access of first responders would be substantially and adversely affected by the exercise.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 2, 2015,
and applies to any eminent domain action to acquire any property interest of any of the
named entities.
new text end

Sec. 45.

new text begin [473.1296] MADE IN AMERICA.
new text end

new text begin In all construction and maintenance projects, the council shall, to the greatest extent
feasible, utilize products, materials, and equipment that are made in America and shall
include this requirement in its contract specifications.
new text end

Sec. 46.

Minnesota Statutes 2014, section 473.146, subdivision 4, is amended to read:


Subd. 4.

Transportation planning.

(a) The Metropolitan Council is the designated
planning agency for any long-range comprehensive transportation planning required by
section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
transportation laws. The council shall assure administration and coordination of
transportation planning with appropriate state, regional and other agencies, counties,
and municipalities.

(b) The council shall establish an advisory body consisting of citizens and
representatives of municipalities, counties, and state agencies in fulfillment of the planning
responsibilities of the council. The membership of the advisory body must consist of:

(1) the commissioner of transportation or the commissioner's designee;

(2) the commissioner of the Pollution Control Agency or the commissioner's
designee;

(3) one member of the Metropolitan Airports Commission appointed by the
commission;

(4) one person appointed by the council to represent nonmotorized transportation;

(5) one person appointed by the commissioner of transportation to represent the
freight transportation industry;

(6) two persons appointed by the council to represent public transit;

(7) ten elected officials of cities within the metropolitan area, including one
representative from each first-class city, appointed by the Association of Metropolitan
Municipalities;

(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;

(9) eight citizens appointed by the council, one from each council precinct; deleted text begin and
deleted text end

(10)new text begin one elected official from a city participating in the replacement service program
under section 473.388, appointed by the Suburban Transit Association; and
new text end

new text begin (11)new text end one member of the council, appointed by the council.

new text begin (c) new text end The council shall appoint a chair from among the members of the advisory body.

new text begin EFFECTIVE DATE. new text end

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

Sec. 47.

Laws 2009, chapter 158, section 10, as amended by Laws 2012, chapter 287,
article 3, section 56, and Laws 2014, chapter 255, section 20, is amended to read:


Sec. 10. EFFECTIVE DATE.

Sections 2 and 3 are effective August 1, 2009deleted text begin , and the amendments made in sections
2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2015
deleted 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. 48.

Laws 2014, chapter 312, article 10, section 11, subdivision 2, is amended to
read:


Subd. 2.

Evaluation of response preparedness and funding.

By January 15, 2017,
the commissioner of public safety shall submit an evaluation of safety preparedness and
funding related to incidents involving transportation of oil new text begin and other hazardous materials
new text end to the chairs and ranking minority members of the legislative committees with jurisdiction
over transportation and public safety policy and finance. At a minimum, the evaluation
must:

(1) provide an update to the report under subdivision 1 that identifies notable
changes and provides updated information as appropriate;

(2) new text begin analyze preparedness and impacts to public safety from ethanol transportation by
rail, which must provide the same information with respect to ethanol as is required for oil
under subdivision 1, clauses (1) to (3) and (6);
new text end

new text begin (3) identify recommendations and actions to prevent rail transportation incidents,
including examination of alternative routing and development of guidelines concerning
freight and passenger-type rail colocation;
new text end

new text begin (4) develop strategies for resident education along rail corridors;
new text end

new text begin (5) recommend minimum liability insurance requirements for railroad shippers
and carriers;
new text end

new text begin (6) new text end evaluate the effectiveness of training and response preparedness activities under
Minnesota Statutes, section 299A.55, using the criteria established under subdivision
1, clause (5)new text begin , including development of minimum equipment requirements for first
responders having jurisdiction along high risk rail corridors
new text end ;

deleted text begin (3)deleted text end new text begin (7) new text end identify current sources of funds, funding levels, and any unfunded needs for
preparedness activities;

deleted text begin (4)deleted text end new text begin (8) new text end analyze equity in the distribution of funding sources for preparedness
activities, which must include but is not limited to (i) examination of the public-private
partnership financing model, and (ii) review of balance across industries involved in
storage and distribution of oilnew text begin and ethanolnew text end ; and

deleted text begin (5)deleted text end new text begin (9) provide findings and new text end make recommendations for any programmatic or
legislative changes.

Sec. 49. new text begin ACCESSIBLE PARKING SIGNS.
new text end

new text begin A sign that is posted to identify a parking space reserved for people who qualify
for accessible parking must not display any form of the word "handicap," "disabled," or
"disability." The owner of a parking facility that is owned or wholly leased by the state
or by a private entity that receives any monetary aid from the state shall, beginning July
1, 2019, in the ordinary course of sign modification and replacement, modify or replace
the sign so that it displays a form of the word "accessible" or the state symbol indicating
buildings, facilities, and grounds which are accessible to and usable by persons with
disabilities adopted by the Rehabilitation International's Eleventh World Congress and
does not display a form of the word "handicap," "disabled," or "disability."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 50. new text begin DEPARTMENT OF TRANSPORTATION TRUNK HIGHWAY 23
PROJECT.
new text end

new text begin As part of the reconstruction of the bridge and bridge approaches along Trunk
Highway 23 in the city of Duluth, the commissioner of transportation shall grade the land
and property under and near the bridge over Kingsbury Creek so that the bicycle and
pedestrian path approaches street level as it emerges from under the bridge.
new text end

Sec. 51. new text begin ENGINE BRAKES; REGULATION BY ST. PAUL.
new text end

new text begin Notwithstanding any other law or charter provision, the governing body of the city
of St. Paul may by ordinance restrict or prohibit the use of an engine brake on motor
vehicles along Legislative Route No. 392, also known as marked Interstate Highway 94,
between Johnson Parkway and marked Trunk Highway 52. Upon notification by the city
of St. Paul to the commissioner of transportation of the city's adoption of the ordinance,
the commissioner of transportation shall erect the appropriate signs, with the cost of
the signs to be paid by the city. For purposes of this section, "engine brake" means any
device that uses the engine and transmission to impede the forward motion of the motor
vehicle by compression of the engine.
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. 52. new text begin LEGISLATIVE ROUTE NO. 275 REMOVED.
new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 206, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Lac qui Parle County to transfer jurisdiction
of Legislative Route No. 275 and after the commissioner notifies the revisor of statutes
under paragraph (b).
new text end

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

Sec. 53. new text begin ALTERNATIVE DAMAGES APPRAISAL; OFFICE OF
ADMINISTRATIVE HEARINGS.
new text end

new text begin (a) In lieu of a commissioners' hearing for award of damages under Minnesota
Statutes, section 117.075, the commissioner of transportation is authorized to petition the
court for a referral to the Office of Administrative Hearings. The court may refer the
matter to the Office of Administrative Hearing only if all parties in the project, including
condemnees, consent to the referral. Upon referral to the Office of Administrative
Hearings by the court, an administrative law judge shall conduct a hearing for the purpose
of determining and awarding damages. The hearing must be conducted in a manner
consistent with the contested case procedures under Minnesota Statutes, chapter 14.
Minnesota Statutes, section 117.145, applies to an appeal of the administrative law judge's
determination and award of damages.
new text end

new text begin (b) The commissioner of transportation may petition for a referral under paragraph
(a) for up to five transportation projects.
new text end

new text begin (c) This section expires June 30, 2017.
new text end

Sec. 54. new text begin REPORT BY COMMISSIONER OF TRANSPORTATION ON
TOLLING.
new text end

new text begin On or before January 2, 2016, the commissioner of transportation shall report to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions with jurisdiction over transportation policy and finance concerning
expanding the use of tolling in Minnesota in order to reduce congestion and raise revenue.
The report must be prepared with existing appropriations. At a minimum, the report must:
new text end

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

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

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

new text begin (4) review tolling models and technology options;
new text end

new text begin (5) summarize the experience of other states that have widely implemented tolling;
new text end

new text begin (6) identify and evaluate specific corridors for feasibility of toll implementation;
new text end

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

new text begin (8) discuss options for use of tolling revenue and measures to ensure compliance
with laws concerning operation of toll roads and use of revenues;
new text end

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

new text begin (10) provide recommendations for needed statutory or rule changes that would
facilitate wider implementation of tolling and achieve maximum revenues for the state
and equity for its residents.
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. 55. new text begin COST SHARE POLICY.
new text end

new text begin The commissioner of transportation, in consultation with representatives of local
units of government, shall create and adopt a policy concerning cost participation
for cooperative construction projects and maintenance responsibilities between the
Department of Transportation and local units of government. The policy must minimize
the share of cooperative project costs to be funded by the local units of government,
while complying in all respects with the state constitutional requirements concerning
allowable uses of the trunk highway fund. The policy must be completed and adopted by
the commissioner no later than September 1, 2015.
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. 56. new text begin AVAILABILITY OF FINGERPRINTING SERVICES.
new text end

new text begin The commissioner of public safety shall, by December 1, 2015, recommend to
the chair and ranking minority members of the house of representatives and senate
committees with primary jurisdiction over transportation policy and finance, means,
including recommended legislation, by which commercial truck drivers may be provided
with fingerprinting services to meet the requirements of the United States Department
of Homeland Security to obtain a hazardous materials endorsement on a commercial
driver's license.
new text end

Sec. 57. new text begin ELECTRONIC STORAGE STANDARDS.
new text end

new text begin On or before August 1, 2015, the commissioner of public safety shall establish
standards for the conversion by deputy registrars and driver's license agents to secure
electronic storage of certain records under Minnesota Statutes, sections 168.33,
subdivision 2, and 171.061, subdivision 3. The standards must specify minimum system
security requirements, as well as any procedural requirements for the destruction of
existing and new paper-based records, consistent with the requirements of Minnesota
Statutes, section 138.17.
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