3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; authorizing advance 1.3 payment when required by federal government for 1.4 transportation project; permitting transfer or 1.5 extinguishment of access rights; regulating snow fence 1.6 easements, highway closures, signs, certain bicycle 1.7 racks, semitrailer length, automobile tow dollies, 1.8 railroad crossings, and transportation of hazardous 1.9 materials; providing payment for certain culverts; 1.10 requiring owners to inventory and inspect certain 1.11 bridges; imposing minimum penalty for violating safety 1.12 chain requirements; providing for the revision of the 1.13 state transportation plan; changing the scope of 1.14 certain exemptions relating to motor carriers; 1.15 modifying contractor bond requirements for certain 1.16 transportation projects; authorizing conveyance of 1.17 certain tax-forfeited land; making technical changes; 1.18 removing or modifying descriptions of certain routes 1.19 of the trunk highway system; amending Minnesota 1.20 Statutes 1996, sections 84.63; 117.21; 160.18, 1.21 subdivision 1; 160.27, subdivision 7, as added, and by 1.22 adding a subdivision; 160.296, subdivision 1; 160.80, 1.23 subdivision 1, and by adding a subdivision; 161.115, 1.24 subdivisions 38 and 87; 165.03; 169.26, subdivision 1; 1.25 169.81, subdivision 2, and by adding a subdivision; 1.26 169.82, subdivision 3; 174.03, subdivisions 1a and 2; 1.27 174A.06; 221.025; 221.0314, subdivision 9a; 221.034, 1.28 subdivisions 1 and 5; 270.077; and 574.26, subdivision 1.29 1a; Laws 1997, chapter 159, article 2, section 51, 1.30 subdivision 1; proposing coding for new law in 1.31 Minnesota Statutes, chapter 16B; repealing Minnesota 1.32 Statutes 1996, section 161.115, subdivisions 57 and 1.33 219. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 Section 1. [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 1.36 CONTRACTS.] 1.37 Notwithstanding section 16B.17 or other law to the 1.38 contrary, the commissioner of transportation may, when required 1.39 by a federal agency entering into an intergovernmental contract, 2.1 negotiate contract terms providing for full or partial 2.2 prepayment to the federal agency before work is performed or 2.3 services are provided. 2.4 Sec. 2. Minnesota Statutes 1996, section 84.63, is amended 2.5 to read: 2.6 84.63 [CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 2.7 FEDERAL GOVERNMENTS.] 2.8 Notwithstanding any existing law to the contrary, the 2.9 commissioner of natural resources is hereby authorized on behalf 2.10 of the state to convey to the United States or to the state of 2.11 Minnesota or any of its subdivisions, upon state-owned lands 2.12 under the administration of the commissioner of natural 2.13 resources, permanent or temporary easements for specified 2.14 periods or otherwise for trails, highways, roads
and trails2.15 including limitation of right of access from the lands to 2.16 adjacent highways and roads, flowage for development of fish and 2.17 game resources, stream protection, flood control, and necessary 2.18 appurtenances thereto, such conveyances to be made upon such 2.19 terms and conditions including provision for reversion in the 2.20 event of nonuser as the commissioner of natural resources may 2.21 determine. 2.22 Sec. 3. Minnesota Statutes 1996, section 117.21, is 2.23 amended to read: 2.24 117.21 [EASEMENT TOMAY INCLUDE SNOW FENCES.] 2.25 When the right to establish a public road is acquired by 2.26 the state, or by any of its agencies or political subdivisions, 2.27 there shallmay be included in the easement so acquired the 2.28 power to erect and maintain temporary snow fences as required 2.29 upon lands adjoining the highway part of which lands have been 2.30 taken for road purposes. If included, the right to erect and 2.31 maintain such fences shall be considered in awarding damages, 2.32 and any award shall be conclusively presumed to include the 2.33 damages, if any, caused by the right to erect and maintain such 2.34 fences ; provided, that, if the state, or agency or political2.35 subdivision thereof, shall file with its petition, or at any2.36 time before the question of damages is submitted to a jury, a3.1 written disclaimer of its desire and intention to acquire a3.2 right to erect and maintain snow fences as to any particular3.3 tract of land involved, then no such right shall be acquired in3.4 such proceeding and no consideration given to such fences as an3.5 element of damage. 3.6 Sec. 4. Minnesota Statutes 1996, section 160.18, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. [CULVERT ON EXISTING HIGHWAYS.] Except when 3.9 the easement of access has been acquired, thea road authorities3.10 authority, other than town boards and county boards,as to 3.11 highwaysa highway already established and constructed shall3.12 furnish one substantial culvert to an abutting owner in cases3.13 where the culvert is necessary formay grant by permit a 3.14 suitable approach to suchthe highway. A town board shall3.15 furnish one substantial culvert to an abutting owner in cases3.16 where the culvert is necessary for suitable approach to a town3.17 road, provided that at any annual town meeting the electors of3.18 any town may by resolution authorize the town board to require3.19 that all or part of the costs of the furnishing of all culverts3.20 on the town roads of such town be paid by the abutting owner. A3.21 county board, by resolution, shall, before furnishing any3.22 culverts after August 1, 1975, establishThe requesting abutting 3.23 property owner shall pay for the cost and installation of any 3.24 required culverts unless a road authority, other than the 3.25 commissioner, adopts by resolution a policy for the furnishing 3.26 of a culvert to an abutting owner when a culvert is necessary 3.27 for suitable approach to a county and state-aidroad , and such. 3.28 The policy may include provisions for the payment of all or part 3.29 of the costs of furnishing such culvertsthe culvert by the 3.30 abutting landowner. 3.31 Sec. 5. Minnesota Statutes 1996, section 160.27, 3.32 subdivision 7, as added by Laws 1998, chapter 283, section 2, is 3.33 amended to read: 3.34 Subd. 7. [BICYCLE RACKS AND BICYCLE STORAGE FACILITIES.] 3.35 In cities of the first class, advertisements, public art, and 3.36 informational signs may be placed and maintained on bicycle 4.1 racks and bicycle storage facilities, and on any enclosure 4.2 around them, if (1) a road authority has authorizedissued a 4.3 permit to the city authorizing the bicycle racks and storage 4.4 facilities to be placed within the right-of-way of a public 4.5 highway, (2) the city has recommended and the road authority has 4.6 authorized in the permit the placement of advertisements, public 4.7 art, and informational signs on the bicycle racks and bicycle 4.8 storage facilities, and (3) the placement does not create an 4.9 unsafe situation. Advertisements, public art, and information 4.10 signs authorized under this subdivision are subject to the terms 4.11 and conditions imposed by the road authority authorizing their 4.12 placement. 4.13 Sec. 6. Minnesota Statutes 1996, section 160.27, is 4.14 amended by adding a subdivision to read: 4.15 Subd. 8. [TRUNK HIGHWAY CLOSURE; AUTHORITY, NOTICE, CIVIL 4.16 PENALTY.] (a) The commissioner may restrict the use of, or 4.17 close, any state trunk highway for the protection and safety of 4.18 the public or for the protection of the highway from damage 4.19 during and after storms if there is danger of the road becoming 4.20 impassable or if visibility is so limited that safe travel is 4.21 unlikely. 4.22 (b) To notify the public that a trunk highway is closed or 4.23 its use restricted, the commissioner shall give notice by one or 4.24 more of the following methods: 4.25 (1) erect suitable barriers or obstructions on the highway; 4.26 (2) post warnings or notices of the closing or restricting 4.27 of a trunk highway; 4.28 (3) place signs to warn, detour, direct, or otherwise 4.29 control traffic on the highway; or 4.30 (4) place personnel to warn, detour, direct, or otherwise 4.31 control traffic on the highway. 4.32 (c) A person is civilly liable for rescue costs if the 4.33 person (1) fails to obey the direction or instruction of 4.34 authorized personnel at the location of the closed highway, or 4.35 (2) drives over, through, or around a barricade, fence, or 4.36 obstruction erected to prevent traffic from passing over a 5.1 portion of a highway closed to public travel. "Civilly liable 5.2 for rescue costs" means that the person is liable to a state 5.3 agency or political subdivision for costs incurred for the 5.4 purpose of rescuing the person, any passengers, or the vehicle. 5.5 Civil liability may be imposed under this subdivision in 5.6 addition to the misdemeanor penalty imposed under subdivision 5.7 5. However, civil liability must not exceed $10,000. A fine 5.8 paid by a defendant in a misdemeanor action that arose from the 5.9 same violation may not be applied toward payment of the civil 5.10 liability imposed under this subdivision. 5.11 (d) A state agency or political subdivision that incurs 5.12 costs as described in paragraph (c) may bring an action to 5.13 recover the civil liability and related legal, administrative, 5.14 and court costs. A civil action may be commenced as is any 5.15 civil action. 5.16 Sec. 7. Minnesota Statutes 1996, section 160.296, 5.17 subdivision 1, is amended to read: 5.18 Subdivision 1. [PROCEDURE.] (a) A person who desires a 5.19 specific service sign panel shall request the commissioner of 5.20 transportation to install the sign. The commissioner of 5.21 transportation may grant the request if the applicant qualifies 5.22 for the sign panel and if space is available. All signs shall 5.23 be fabricated, installed, maintained, replaced and removed by 5.24 the commissioner of transportation. The applicant shall pay a 5.25 fee to the commissioner of transportation to cover all costs for 5.26 fabricating, installing, maintaining, replacing and removing. 5.27 The requests for specific service sign panels shall be renewed5.28 every three years.5.29 (b) If the applicant desires to display a business panel, 5.30 the business panel for each specific service sign panel shall be 5.31 supplied by the applicant. All costs to fabricate business 5.32 panels shall be paid by the applicant. All business panels 5.33 shall be installed and removed by the appropriate road 5.34 authority. The costs for installing and removing business sign 5.35 panels on specific service signs located on nonfreeway trunk 5.36 highways are included in the fee specified in paragraph (a). If 6.1 a business panel is stolen or damaged beyond repair, the 6.2 applicant shall supply a new business panel paid for by the 6.3 applicant. 6.4 Sec. 8. Minnesota Statutes 1996, section 160.80, 6.5 subdivision 1, is amended to read: 6.6 Subdivision 1. [COMMISSIONER MAY ESTABLISH PROGRAM.] (a) 6.7 The commissioner of transportation may establish a sign 6.8 franchise program for the purpose of providing on the 6.9 right-of-way of interstate and controlled-access trunk highways 6.10 specific information on gas, food, camping, and lodging, for the 6.11 benefit of the motoring public. 6.12 (b) The sign franchise program must include urban 6.13 interstate highways. The commissioner may implement policies6.14 that apply only to signs on interstate highways in urban areas,6.15 such as distance requirements from the interstate for eligible6.16 services, priority issues, and mixing of service logos.6.17 Sec. 9. Minnesota Statutes 1996, section 160.80, is 6.18 amended by adding a subdivision to read: 6.19 Subd. 1a. [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 6.20 To be eligible for a business panel on a logo sign panel, a 6.21 business establishment must: 6.22 (1) be open for business; 6.23 (2) have a sign on site that both identifies the business 6.24 and is visible to motorists; 6.25 (3) be open to everyone, regardless of race, religion, 6.26 color, age, sex, national origin, creed, marital status, sexual 6.27 orientation, or disability; 6.28 (4) not impose a cover charge or otherwise require 6.29 customers to purchase additional products or services; and 6.30 (5) meet the appropriate criteria in paragraphs (b) to (e). 6.31 (b) Gas businesses must provide vehicle services including 6.32 fuel and oil; restroom facilities and drinking water; 6.33 continuous, staffed operation at least 12 hours a day, seven 6.34 days a week; and public access to a telephone. 6.35 (c) Food businesses must serve at least two meals a day 6.36 during normal mealtimes of breakfast, lunch, and dinner; provide 7.1 a continuous, staffed food service operation at least ten hours 7.2 a day, seven days a week except holidays as defined in section 7.3 645.44, subdivision 5, and except as provided for seasonal food 7.4 service businesses; provide seating capacity for at least 20 7.5 people; serve meals prepared on the premises; and possess any 7.6 required state or local licensing or approval. Reheated, 7.7 prepackaged, ready-to-eat food is not "food prepared on the 7.8 premises." Seasonal food service businesses must provide a 7.9 continuous, staffed food service operation at least ten hours a 7.10 day, seven days a week, during their months of operation. 7.11 (d) Lodging businesses must include sleeping 7.12 accommodations; provide public access to a telephone; and 7.13 possess any required state or local licensing or approval. 7.14 (e) Camping businesses must include sites for camping; 7.15 include parking accommodations for each campsite; provide 7.16 sanitary facilities and drinking water; and possess any required 7.17 state or local licensing or approval. 7.18 (f) Businesses that do not meet the appropriate criteria in 7.19 paragraphs (b) to (e) but that have a signed lease as of January 7.20 1, 1998, may retain the business panel until December 31, 2005, 7.21 or until they withdraw from the program, whichever occurs first, 7.22 provided they continue to meet the criteria in effect in the 7.23 department's contract with the logo sign vendor on August 1, 7.24 1995. After December 31, 2005, or after withdrawing from the 7.25 program, a business must meet the appropriate criteria in 7.26 paragraphs (a) to (e) to qualify for a business panel. 7.27 (g) Seasonal businesses must indicate to motorists when 7.28 they are open for business by either putting the full months of 7.29 operation directly on the business panel or by having a "closed" 7.30 plaque applied to the business panel when the business is closed 7.31 for the season. 7.32 (h) The maximum distance that an eligible business in 7.33 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 7.34 county can be located from the interchange is: for gas 7.35 businesses, one mile; for food businesses, two miles; for 7.36 lodging businesses, three miles; and for camping businesses, ten 8.1 miles. 8.2 (i) The maximum distance that an eligible business in any 8.3 other county can be located from the interchange shall not 8.4 exceed 15 miles in either direction. 8.5 (j) Logo sign panels must be erected so that motorists 8.6 approaching an interchange view the panels in the following 8.7 order: camping, lodging, food, gas. 8.8 (k) If there is insufficient space on a logo sign panel to 8.9 display all eligible businesses for a specific type of service, 8.10 the businesses closest to the interchange have priority over 8.11 businesses farther away from the interchange. 8.12 Sec. 10. Minnesota Statutes 1996, section 161.115, 8.13 subdivision 38, is amended to read: 8.14 Subd. 38. [ROUTE NO. 107.] Beginning at the terminus of 8.15 Route No. 10 on the westerly limits on the city of Minneapolis, 8.16 thence extending in an easterly direction to a point on Route8.17 No. 104 as herein establishedat or near Washington Avenue in 8.18 the city of Minneapolis. 8.19 Sec. 11. Minnesota Statutes 1996, section 161.115, 8.20 subdivision 87, is amended to read: 8.21 Subd. 87. [ROUTE NO. 156.] Beginning at a point on Route 8.22 No. 394105 in the city of Minneapolis and extending in a 8.23 northerly and westerly direction to a point on Route No. 62 8.24 easterly of the Great Northern Railwayat or near the city of 8.25 Coon Rapids. 8.26 Sec. 12. Minnesota Statutes 1996, section 165.03, is 8.27 amended to read: 8.28 165.03 [STRENGTH OF BRIDGES; INSPECTIONS.] 8.29 Subdivision 1. [STANDARDS GENERALLY.] Each bridge, 8.30 including a privately owned bridge, must conform to the 8.31 strength, width, clearance, and safety standards imposed by the 8.32 commissioner for the connecting highway or street. This 8.33 subdivision applies to a bridge that is constructed after August 8.34 1, 1989, on any public highway or street. The bridge must have 8.35 sufficient strength to support with safety the maximum vehicle 8.36 weights allowed under section 169.825 and must have the minimum 9.1 width specified in section 165.04, subdivision 3. 9.2 Subd. 2. [INSPECTION AND INVENTORY RESPONSIBILITIES; 9.3 RULES; FORMS.] The commissioner of transportation shall adopt 9.4 official inventory and bridge inspection report forms for use in 9.5 making bridge inspections by the owners or highway authorities 9.6 specified by this subdivision. Bridge inspections shall be made 9.7 at regular intervals, not to exceed two years, by the following 9.8 officialsowner or official: 9.9 (a) The commissioner of transportation for all bridges 9.10 located wholly or partially within or over the right-of-way of a 9.11 state trunk highway. 9.12 (b) The county highway engineer for all bridges located 9.13 wholly or partially within or over the right-of-way of any 9.14 county or township road, or any street within a municipality 9.15 which does not have a city engineer regularly employed. 9.16 (c) The city engineer for all bridges located wholly or 9.17 partially within or over the right-of-way of any street located 9.18 within or along municipal limits. 9.19 (d) The commissioner of transportation in case of a toll 9.20 bridge that is used by the general public and that is not 9.21 inspected and certified under subdivision 6; provided, that the 9.22 commissioner of transportation may assess the owner for the 9.23 costs of such inspection. 9.24 (e) The owner of a bridge over a public highway or street 9.25 or that carries a roadway designated for public use by a public 9.26 authority, if not required to be inventoried and inspected under 9.27 paragraph (a), (b), (c), or (d). 9.28 The commissioner of transportation shall prescribe the 9.29 standards for bridge inspection and inventory by rules. The 9.30 specifiedowner or highway authoritiesauthority shall inspect 9.31 and inventory in accordance with these standards and furnish the 9.32 commissioner with such data as may be necessary to maintain a 9.33 central inventory. 9.34 Subd. 3. [COUNTY INVENTORY AND INSPECTION RECORDS AND 9.35 REPORTS.] The county engineer shall maintain a complete 9.36 inventory record of all bridges as set forth in subdivision 2, 10.1 paragraph (b), with the inspection reports thereof, and shall 10.2 certify annually to the commissioner, as prescribed by the 10.3 commissioner, that inspections have been made at regular 10.4 intervals not to exceed two years. A report of the inspections 10.5 shall be filed annually, on or before February 15 of each year, 10.6 with the county auditor or townshiptown clerk, or the governing 10.7 body of the municipality. The report shall contain 10.8 recommendations for the correction of, or legal posting of load 10.9 limits on any bridge or structure that is found to be 10.10 understrength or unsafe. 10.11 Subd. 4. [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND 10.12 REPORTS.] The city engineer shall maintain a complete inventory 10.13 record of all bridges as set forth in subdivision 2, 10.14 paragraph (c), with the inspection reports thereof, and shall 10.15 certify annually to the commissioner, as prescribed by the 10.16 commissioner, that inspections have been made at regular 10.17 intervals not to exceed two years. A report of the inspections 10.18 shall be filed annually, on or before February 15 of each year, 10.19 with the governing body of the municipality. The report shall 10.20 contain recommendations for the correction of, or legal posting 10.21 of load limits on any bridge or structure that is found to be 10.22 understrength or unsafe. 10.23 Subd. 5. [AGREEMENTS.] Agreements may be made among the 10.24 various units of governments, or between governmental units and 10.25 qualified engineering personnel to carry out the 10.26 responsibilities for the bridge inspections and reports, as 10.27 established by subdivision 2. 10.28 Subd. 6. [ TOLLOTHER BRIDGES.] The owner of a toll bridge 10.29 and the owner of a bridge described in subdivision 2, paragraph 10.30 (e), shall certify to the commissioner, as prescribed by the 10.31 commissioner, that inspections of the bridge have been made at 10.32 regular intervals not to exceed two years. The certification 10.33 shall be accompanied by a report of the inspection. The report 10.34 shall contain recommendations for the correction of or legal 10.35 posting of load limitations if the bridge is found to be 10.36 understrength or unsafe. 11.1 Subd. 7. [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 11.2 Notwithstanding subdivision 2, the commissioners of 11.3 transportation and natural resources shall negotiate a 11.4 memorandum of understanding that governs the inspection of 11.5 bridges owned, operated, or maintained by the commissioner of 11.6 natural resources. 11.7 (b) The memorandum of understanding must provide for: 11.8 (1) the inspection and inventory of bridges subject to 11.9 federal law or regulations; 11.10 (2) the frequency of inspection of bridges described in 11.11 paragraph (a); and 11.12 (3) who may perform inspections required under the 11.13 memorandum of understanding. 11.14 Sec. 13. Minnesota Statutes 1996, section 169.26, 11.15 subdivision 1, is amended to read: 11.16 Subdivision 1. [REQUIREMENTS.] (a) When any person driving 11.17 a vehicle approaches a railroad grade crossing under any of the 11.18 circumstances stated in this paragraph, the driver shall stop 11.19 the vehicle not less than ten feet from the nearest railroad 11.20 track and shall not proceed until safe to do so. These 11.21 requirements apply when: 11.22 (1) a clearly visible electric or mechanical signal device 11.23 warns of the immediate approach of a railroad train; or 11.24 (2) a crossing gate is lowered warning of the immediate11.25 approach or passage of a railroad train; or11.26 (3)an approaching railroad train is plainly visible and is 11.27 in hazardous proximity. 11.28 (b) The fact that a moving train approaching a railroad 11.29 grade crossing is visible from the crossing is prima facie 11.30 evidence that it is not safe to proceed. 11.31 (c) The driver of a vehicle shall stop and remain stopped 11.32 and not traverse the grade crossing when a human flagger signals 11.33 the approach or passage of a train or when a crossing gate is 11.34 lowered warning of the immediate approach or passage of a 11.35 railroad train. No person may drive a vehicle past a flagger at 11.36 a railroad crossing until the flagger signals that the way is 12.1 clear to proceed or drive a vehicle past a lowered crossing gate. 12.2 Sec. 14. Minnesota Statutes 1996, section 169.81, 12.3 subdivision 2, is amended to read: 12.4 Subd. 2. [LENGTH OF SINGLE VEHICLE; EXCEPTIONS.] (a) 12.5 Statewide, no single vehicle may exceed 40 feet in overall 12.6 length, including load and front and rear bumpers, except: 12.7 (1) mobile cranes, which may not exceed 48 feet in overall 12.8 length; and 12.9 (2) buses, which may not exceed 45 feet in overall length. 12.10 (b) Statewide, no semitrailer may exceed 48 feet in overall 12.11 length, including bumper and load, but excluding 12.12 non-cargo-carrying equipment, such as refrigeration units or air 12.13 compressors, necessary for safe and efficient operation and 12.14 located on the end of the semitrailer adjacent to the 12.15 truck-tractor. However, statewide, a single semitrailer may 12.16 exceed 48 feet, but not 53 feet, if the distance from the 12.17 kingpin to the centerline of the rear axle group of the 12.18 semitrailer does not exceed 4143 feet. 12.19 Statewide, no single trailer may have an overall length 12.20 exceeding 45 feet, including the tow bar assembly but exclusive 12.21 of rear bumpers that do not increase the overall length by more 12.22 than six inches. 12.23 For determining compliance with this subdivision, the 12.24 length of the semitrailer or trailer must be determined 12.25 separately from the overall length of the combination of 12.26 vehicles. 12.27 (c) No semitrailer or trailer used in a three-vehicle 12.28 combination may have an overall length in excess of 28-1/2 feet, 12.29 exclusive of: 12.30 (1) non-cargo-carrying accessory equipment, including 12.31 refrigeration units or air compressors and upper coupler plates, 12.32 necessary for safe and efficient operation, located on the end 12.33 of the semitrailer or trailer adjacent to the truck or 12.34 truck-tractor; 12.35 (2) the tow bar assembly; and 12.36 (3) lower coupler equipment that is a fixed part of the 13.1 rear end of the first semitrailer or trailer. 13.2 Sec. 15. Minnesota Statutes 1996, section 169.81, is 13.3 amended by adding a subdivision to read: 13.4 Subd. 3d. [COMBINATIONS INCLUDING AUTOMOBILE TOW 13.5 DOLLIES.] Notwithstanding subdivisions 2a and 3, a combination 13.6 consisting of a single unit truck or a pickup truck and not more 13.7 than two two-wheeled automobile tow dollies may be operated 13.8 without a permit when: 13.9 (1) the combination is operated by an employee or agent of 13.10 an automobile tow dolly manufacturer or a truck rental company; 13.11 (2) no vehicle is being transported on either dolly; and 13.12 (3) the combination does not exceed 50 feet in length. 13.13 Sec. 16. Minnesota Statutes 1996, section 169.82, 13.14 subdivision 3, is amended to read: 13.15 Subd. 3. [HITCHES; CHAINS; CABLES.] (a) Every trailer or 13.16 semitrailer must be hitched to the towing motor vehicle by a 13.17 device approved by the commissioner of public safety. 13.18 (b) Every trailer and semitrailer must be equipped with 13.19 safety chains or cables permanently attached to the trailer 13.20 except in cases where the coupling device is a regulation fifth 13.21 wheel and kingpin assembly approved by the commissioner of 13.22 public safety. In towing, the chains or cables must be attached 13.23 to the vehicles near the points of bumper attachments to the 13.24 chassis of each vehicle, and must be of sufficient strength to 13.25 control the trailer in the event of failure of the towing 13.26 device. The length of chain or cable must be no more than 13.27 necessary to permit free turning of the vehicles. A minimum 13.28 fine of $25 must be imposed for a violation of this paragraph. 13.29 (c) This subdivision does not apply to towed implements of 13.30 husbandry. 13.31 No person may be charged with a violation of this section 13.32 solely by reason of violating a maximum speed prescribed in 13.33 section 169.145 or 169.67. 13.34 Sec. 17. Minnesota Statutes 1996, section 174.03, 13.35 subdivision 1a, is amended to read: 13.36 Subd. 1a. [REVISION OF STATE TRANSPORTATION PLAN.] The 14.1 commissioner shall revise the state transportation plan by 14.2 January 1, 1996, January 1, 2000, and, if the requirements of 14.3 clauses (1) and (2) have been met in the previous revision, by 14.4 January 1 of each odd-numberedevery third even-numbered year 14.5 thereafter. Before final adoption of a revised plan, the 14.6 commissioner shall hold a hearing to receive public comment on 14.7 the preliminary draft of the revised plan. The revised state 14.8 transportation plan must: 14.9 (1) incorporate the goals of the state transportation 14.10 system in section 174.01; and 14.11 (2) establish objectives, policies, and strategies for 14.12 achieving those goals. 14.13 Sec. 18. Minnesota Statutes 1996, section 174.03, 14.14 subdivision 2, is amended to read: 14.15 Subd. 2. [IMPLEMENTATION OF PLAN.] After the adoption and 14.16 each revision of the statewide transportation plan, the 14.17 commissioner and the transportation regulation boardshall take 14.18 no action inconsistent with the revised plan. 14.19 Sec. 19. Minnesota Statutes 1996, section 174A.06, is 14.20 amended to read: 14.21 174A.06 [CONTINUATION OF RULES.] 14.22 Orders and directives heretoforein force, issued, or 14.23 promulgated by the public service commission, public utilities14.24 commission, or the department of transportationunder authority 14.25 of chapters 174A, 216A, 218, 219, and221, and 222 remain and 14.26 continue in force and effect until repealed, modified, or 14.27 superseded by duly authorized orders or directives of 14.28 the commissioner of transportation regulation board. To the 14.29 extent allowed under federal law or regulation, rules adopted by14.30 the public service commission, public utilities commission or14.31 the department of transportationunder authority of the 14.32 following sections are transferred to the commissioner of 14.33 transportation regulation boardand continue in force and effect 14.34 until repealed, modified, or superseded by duly authorized rules 14.35 of the transportation regulation boardcommissioner: 14.36 (1) section 218.041 except rules related to the form and 15.1 manner of filing railroad rates, railroad accounting rules, and 15.2 safety rules; 15.3 (2) section 219.40; 15.4 (3) rules relating to rates or tariffs, or the granting, 15.5 limiting, or modifying of permits or certificates of convenience 15.6 and necessity under section 221.031, subdivision 1; 15.7 (4) rules relating to the sale, assignment, pledge, or 15.8 other transfer of a stock interest in a corporation holding 15.9 authority to operate as a permit carrier as prescribed in 15.10 section 221.151, subdivision 1, or a local cartage carrier under 15.11 section 221.296, subdivision 8; 15.12 (5) rules relating to rates, charges, and practices under 15.13 section 221.161, subdivision 4; and 15.14 (6) rules relating to rates, tariffs, or the granting, 15.15 limiting, or modifying of permits under sections 221.121, 15.16 221.151, and 221.296 or certificates of convenience and 15.17 necessity under section 221.071. 15.18 The boardcommissioner shall review the transferred rules, 15.19 orders, and directives and, when appropriate, develop and adopt 15.20 new rules, orders, or directives within 18 months of July 1,15.21 1985. 15.22 Sec. 20. Minnesota Statutes 1996, section 221.025, is 15.23 amended to read: 15.24 221.025 [EXEMPTIONS.] 15.25 The provisions of this chapter requiring a certificate or 15.26 permit to operate as a motor carrier do not apply to the 15.27 intrastate transportation described below: 15.28 (a) the transportation of students to or from school or 15.29 school activities in a school bus inspected and certified under 15.30 section 169.451 and the transportation of children or parents to 15.31 or from a Head Start facility or Head Start activity in a Head 15.32 Start bus inspected and certified under section 169.451; 15.33 (b) the transportation of solid waste, as defined in 15.34 section 116.06, subdivision 22, including recyclable materials 15.35 and waste tires, except that the term "hazardous waste" has the 15.36 meaning given it in section 221.011, subdivision 31; 16.1 (c) a commuter van as defined in section 221.011, 16.2 subdivision 27; 16.3 (d) authorized emergency vehicles as defined in section 16.4 169.01, subdivision 5, including ambulances; and tow trucks 16.5 equipped with proper and legal warning devices when picking up 16.6 and transporting (1) disabled or wrecked motor vehicles or (2) 16.7 vehicles towed or transported under a towing order issued by a 16.8 public employee authorized to issue a towing order; 16.9 (e) the transportation of grain samples under conditions 16.10 prescribed by the board; 16.11 (f) the delivery of agricultural lime; 16.12 (g) the transportation of dirt and sod within an area 16.13 having a 50-mile radius from the home post office of the person 16.14 performing the transportation; 16.15 (h) the transportation of sand, gravel, bituminous asphalt 16.16 mix, concrete ready mix, concrete blocks or tile and the mortar 16.17 mix to be used with the concrete blocks or tile, or crushed rock 16.18 to or from the point of loading or a place of gathering within 16.19 an area having a 50-mile radius from that person's home post 16.20 office or a 50-mile radius from the site of construction or 16.21 maintenance of public roads and streets; 16.22 (i) the transportation of pulpwood, cordwood, mining 16.23 timber, poles, posts, decorator evergreens, wood chips, sawdust, 16.24 shavings, and bark from the place where the products are 16.25 produced to the point where they are to be used or shipped; 16.26 (j) the transportation of fresh vegetables from farms to 16.27 canneries or viner stations, from viner stations to canneries, 16.28 or from canneries to canneries during the harvesting, canning, 16.29 or packing season, or transporting sugar beets, wild rice, or 16.30 rutabagas from the field of production to the first place of 16.31 delivery or unloading, including a processing plant, warehouse, 16.32 or railroad siding; 16.33 (k) the transportation of property or freight, other than 16.34 household goods and petroleum products in bulk, entirely within 16.35 the corporate limits of a city or between contiguous cities 16.36 except as provided in section 221.296; 17.1 (l) the transportation of unprocessed dairy products in 17.2 bulk within an area having a 100-mile radius from the home post 17.3 office of the person providing the transportation; 17.4 (m) the transportation of agricultural, horticultural, 17.5 dairy, livestock, or other farm products within an area having a 17.6 25-mile100-mile radius from the person's home post office and 17.7 the carrier may transport other commodities within the 25-mile17.8 100-mile radius if the destination of each haul is a farm; 17.9 (n) passenger transportation service that is not charter 17.10 service and that is under contract to and with operating 17.11 assistance from the department or the metropolitan council; 17.12 (o) the transportation of newspapers, as defined in section 17.13 331A.01, subdivision 5, telephone books, handbills, circulars, 17.14 or pamphlets in a vehicle with a gross vehicle weight of 10,000 17.15 pounds or less; and 17.16 (p) transportation of potatoes from the field of 17.17 production, or a storage site owned or otherwise controlled by 17.18 the producer, to the first place of processing. 17.19 The exemptions provided in this section apply to a person 17.20 only while the person is exclusively engaged in exempt 17.21 transportation. 17.22 Sec. 21. Minnesota Statutes 1996, section 221.0314, 17.23 subdivision 9a, is amended to read: 17.24 Subd. 9a. [HOURS OF SERVICE EXEMPTION.] The federal 17.25 regulations incorporated in subdivision 9 for maximum driving 17.26 and on-duty time do not apply to drivers engaged in the 17.27 interstate or intrastate transportation of: 17.28 (1) agricultural commodities or farm supplies for 17.29 agricultural purposes in Minnesota during the planting and 17.30 harvesting seasons from March 15 to December 15 of each year; or 17.31 (2) sugar beets during the harvesting season for sugar 17.32 beets from September 1 to March 15 of each year; 17.33 if the transportation is limited to an area within a 17.34 100-air-mile radius from the source of the commodities or the 17.35 distribution point for the farm supplies. 17.36 Sec. 22. Minnesota Statutes 1996, section 221.034, 18.1 subdivision 1, is amended to read: 18.2 Subdivision 1. [NOTICE REQUIRED.] At the earliest 18.3 practicable moment, each person who transports hazardous 18.4 materials, including hazardous wastes, shall give notice in 18.5 accordance with subdivision 2 after each incident that occurs 18.6 during the course of transportation including loading, 18.7 unloading, and temporary storage, in which as a direct result of 18.8 hazardous materials: 18.9 (1) a person is killed; 18.10 (2) a person receives injuries requiring hospitalization; 18.11 (3) estimated carrier or other property damage exceeds 18.12 $50,000; 18.13 (4) an evacuation of the general public occurs lasting one 18.14 or more hours; 18.15 (5) one or more major transportation arteries or facilities 18.16 are closed or shut down for one hour or more; 18.17 (6) the operational flight pattern or routine of an 18.18 aircraft is altered; 18.19 (7) fire, breakage, spillage, or suspected radioactive 18.20 contamination occurs involving shipment of radioactive material; 18.21 (8) fire, breakage, spillage, or suspected contamination 18.22 occurs involving shipment of etiologic agents; or18.23 (9) a situation exists of such a nature that, in the 18.24 judgment of the carrier, it should be reported in accordance 18.25 with subdivision 2 even though it does not meet the criteria of 18.26 clause (1), (2), or (3), but a continuing danger to life exists 18.27 at the scene of the incident; or 18.28 (10) there has been a release of a marine pollutant in a 18.29 quantity exceeding 450 liters (119 gallons) for liquids or 450 18.30 kilograms (882 pounds) for solids. 18.31 Sec. 23. Minnesota Statutes 1996, section 221.034, 18.32 subdivision 5, is amended to read: 18.33 Subd. 5. [DISCHARGES NOT APPLICABLE.] Except as provided 18.34 in subdivision 6, the requirements of subdivision 3 do not apply 18.35 to incidents involving the unintentional release of hazardous 18.36 materials being transported under the following proper shipping 19.1 names: 19.2 (1) consumer commodity; 19.3 (2) battery, electric storage, wet, filled with acid or 19.4 alkali; 19.5 (3) paint, enamel, lacquer, stain, shellac or varnish 19.6 aluminum, bronze, gold, wood filler, and liquid or lacquer base 19.7 liquid when shipped in packagings of five gallons or less; or 19.8 (4) materials prepared and transported as a limited 19.9 quantity according to Code of Federal Regulations, title 49, 19.10 subchapter C. 19.11 Sec. 24. Minnesota Statutes 1996, section 270.077, is 19.12 amended to read: 19.13 270.077 [TAXES CREDITED TO STATE AIRPORTS FUND CREATED.] 19.14 There is hereby created in the state treasury a fund to be19.15 known as the state airports fund to which shall be credited the19.16 proceeds ofAll taxes levied under sections 270.071 to 270.079 19.17 and all other moneys which may be deposited to the credit19.18 thereof pursuant to any other provision of law. All moneys in19.19 the state airports fund are hereby appropriated to the19.20 commissioner of transportation for the purpose of acquiring,19.21 constructing, improving, maintaining, and operating airports and19.22 other air navigation facilities for the state, and to assist19.23 municipalities within the state in the acquisition,19.24 construction, improvement, and maintenance of airports and other19.25 air navigation facilitiesmust be credited to the state airports 19.26 fund created in section 360.017. 19.27 Sec. 25. Minnesota Statutes 1996, section 574.26, 19.28 subdivision 1a, is amended to read: 19.29 Subd. 1a. [ EXEMPTION;EXEMPTIONS: CERTAIN MANUFACTURERS; 19.30 COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 19.31 do not apply to a manufacturer of public transit buses that 19.32 manufactures at least 100 public transit buses in a calendar 19.33 year. For purposes of this section, "public transit bus" means 19.34 a motor vehicle designed to transport people, with a design 19.35 capacity for carrying more than 40 passengers, including the 19.36 driver. The term "public transit bus" does not include a school 20.1 bus, as defined in section 169.01, subdivision 6. 20.2 (b) At the discretion of the commissioner of 20.3 transportation, sections 574.26 to 574.32 do not apply to any 20.4 projects of the department of transportation (1) costing less 20.5 than $75,000, or (2) involving the permanent or semipermanent 20.6 installation of heavy machinery, fixtures, or other capital 20.7 equipment to be used primarily for maintenance or repair. 20.8 Sec. 26. Laws 1997, chapter 159, article 2, section 51, 20.9 subdivision 1, is amended to read: 20.10 Subdivision 1. [STUDY.] The commissioner of 20.11 transportation, through the division of railroads and waterways, 20.12 shall conduct a study of the potential of utilizing freight rail 20.13 corridors inof the Twin Cities metropolitan area for commuter 20.14 rail service. The commissioner shall perform the study in 20.15 coordination with the metropolitan council and other affected 20.16 metropolitan regional rail authorities and, affected 20.17 metropolitan railroad companies, and the designated 20.18 representatives of organized railroad employees. At least one 20.19 representative of regional rail authorities, of railroad 20.20 management, of operating craft employees, and of nonoperating 20.21 craft employees shall serve on the policy formulation body and 20.22 all other bodies of the study committee. Both employee members 20.23 shall be selected by representatives of rail employees. The 20.24 study committee shall consider, among other things, the positive 20.25 and negative effects of commuter rail service on surrounding 20.26 neighborhoods. 20.27 Sec. 27. [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 20.28 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 20.29 282.018, subdivision 1, Hennepin county may sell to the 20.30 Minnesota department of transportation the tax-forfeited land 20.31 bordering public water that is described in paragraph (c). 20.32 (b) The conveyance must be in the form approved by the 20.33 attorney general. 20.34 (c) The land that may be conveyed is located in the city of 20.35 Champlin, Hennepin county and is described as: That part of Lot 20.36 11, Block 5, Auditor's Subdivision No. 15, according to the plat 21.1 thereof on file and of record in the office of the County 21.2 Recorder in and for Hennepin County, Minnesota, lying south of a 21.3 line run parallel with and distant 43 feet north of the south 21.4 line of Government Lot 3, Section 19, Township 120 North, Range 21.5 21 West and lying east of a line run parallel with and distant 21.6 36.5 feet east of the west line of said Government Lot 3; 21.7 together with all right of access, being the right of 21.8 ingress to and egress from said Lot 11 to U.S. Highway No. 169 21.9 and Hayden Lake Road. 21.10 Subject to permanent easement for sanitary sewers granted 21.11 to the metropolitan council on March 2, 1995, by the Hennepin 21.12 county auditor. Subject to easements of record. 21.13 Sec. 28. [REPEALER.] 21.14 (a) Minnesota Statutes 1996, section 161.115, subdivision 21.15 57, which describes legislative route No. 126, is repealed. 21.16 (b) Minnesota Statutes 1996, section 161.115, subdivision 21.17 219, is repealed when the transfer of jurisdiction of 21.18 legislative route No. 288 is agreed to by the commissioner of 21.19 transportation and the Anoka county board and a copy of the 21.20 agreement, signed by the commissioner and the chair of the Anoka 21.21 county board is filed in the office of the commissioner. 21.22 Sec. 29. [INSTRUCTION TO THE REVISOR.] 21.23 (a) The revisor of statutes shall delete the route 21.24 identified in section 28, paragraph (b), in the next publication 21.25 of Minnesota Statutes unless the commissioner of transportation 21.26 informs the revisor that the conditions required to transfer the 21.27 route were not satisfied. 21.28 (b) The revisor of statutes is directed to change the terms 21.29 "transportation regulation board," "board," "board's," "board or 21.30 commissioner," "commissioner or board," "board or the 21.31 commissioner," "commissioner or the board," "commissioner and 21.32 the board," "commissioner and board," "board and the 21.33 commissioner," "board and commissioner," "department and board," 21.34 "board or department," and "board and the department," when 21.35 referring to the transportation regulation board, to the term 21.36 "commissioner," "commissioner's," or "commissioner of 22.1 transportation," as appropriate, wherever those terms appear in 22.2 Minnesota Statutes, chapters 218, 219, and 222. 22.3 Sec. 30. [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 22.4 DATE.] 22.5 Section 11 is effective when the transfer of jurisdiction 22.6 of a portion of route No. 156 is agreed to by the commissioner 22.7 of transportation and Hennepin county and a copy of the 22.8 agreement, signed by the commissioner and the chair of the 22.9 Hennepin county board, has been filed in the office of the 22.10 commissioner. 22.11 Sec. 31. [EFFECTIVE DATE.] 22.12 Sections 1, 5, 8, 9, 15, and 26 are effective the day 22.13 following final enactment. Sections 4 and 25 are effective July 22.14 1, 1998.