SF 2592

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for certain 
  1.3             types of claims; permitting transfer or extinguishment 
  1.4             of access rights; regulating snow fence easements, 
  1.5             highway closures, and signs; changing distributions 
  1.6             from the highway user tax distribution fund; providing 
  1.7             for the costs of town highways and bridges; permitting 
  1.8             conveyances to public bodies; providing for the 
  1.9             revision of the state transportation plan; regulating 
  1.10            private carriers; regulating charges for air 
  1.11            transportation services; removing a route from the 
  1.12            trunk highway system; amending Minnesota Statutes 
  1.13            1996, sections 84.63; 117.21; 160.27, by adding a 
  1.14            subdivision; 160.296, subdivision 1; 160.80, 
  1.15            subdivision 1, and by adding a subdivision; 161.081, 
  1.16            subdivision 1, and by adding a subdivision; 161.082, 
  1.17            subdivisions 1 and 2a; 161.44, subdivision 1; 174.03, 
  1.18            subdivisions 1a and 2; 221.011, by adding a 
  1.19            subdivision; 221.0251, subdivisions 1, 2, 3, 5, and by 
  1.20            adding subdivisions; 221.031, subdivision 6; 221.034, 
  1.21            subdivisions 1 and 5; 222.63, subdivision 4; 270.077; 
  1.22            and 360.024; Minnesota Statutes 1997 Supplement, 
  1.23            section 3.736, subdivision 3; repealing Minnesota 
  1.24            Statutes 1996, section 161.115, subdivision 219. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.27  3.736, subdivision 3, is amended to read: 
  1.28     Subd. 3.  [EXCLUSIONS.] Without intent to preclude the 
  1.29  courts from finding additional cases where the state and its 
  1.30  employees should not, in equity and good conscience, pay 
  1.31  compensation for personal injuries or property losses, the 
  1.32  legislature declares that the state and its employees are not 
  1.33  liable for the following losses: 
  1.34     (a) a loss caused by an act or omission of a state employee 
  1.35  exercising due care in the execution of a valid or invalid 
  2.1   statute or rule; 
  2.2      (b) a loss caused by the performance or failure to perform 
  2.3   a discretionary duty, whether or not the discretion is abused; 
  2.4      (c) a loss in connection with the assessment and collection 
  2.5   of taxes; 
  2.6      (d) a loss caused by snow or ice conditions on a highway or 
  2.7   public sidewalk that does not abut a publicly owned building or 
  2.8   a publicly owned parking lot, except when the condition is 
  2.9   affirmatively caused by the negligent acts of a state employee; 
  2.10     (e) a loss caused by wild animals in their natural state, 
  2.11  except as provided in section 3.7371; 
  2.12     (f) a loss other than injury to or loss of property or 
  2.13  personal injury or death; 
  2.14     (g) a loss caused by the condition of unimproved real 
  2.15  property owned by the state, which means land that the state has 
  2.16  not improved, state land that contains idled or abandoned mine 
  2.17  pits or shafts, and appurtenances, fixtures, and attachments to 
  2.18  land that the state has neither affixed nor improved; 
  2.19     (h) a loss involving or arising out of the use or operation 
  2.20  of a recreational motor vehicle, as defined in section 84.90, 
  2.21  subdivision 1, within the right-of-way of a trunk highway, as 
  2.22  defined in section 160.02; 
  2.23     (i) a loss incurred by a user arising from the 
  2.24  construction, operation, or maintenance of the outdoor 
  2.25  recreation system, as defined in section 86A.04, or for a loss 
  2.26  arising from the construction, operation, maintenance, or 
  2.27  administration of grants-in-aid trails as defined in section 
  2.28  85.018, or for a loss arising from the construction, operation, 
  2.29  or maintenance of a water access site created by the iron range 
  2.30  resources and rehabilitation board, except that the state is 
  2.31  liable for conduct that would entitle a trespasser to damages 
  2.32  against a private person.  For the purposes of this clause, a 
  2.33  water access site, as defined in section 86A.04 or created by 
  2.34  the iron range resources and rehabilitation board, that provides 
  2.35  access to an idled, water filled mine pit, also includes the 
  2.36  entire water filled area of the pit and, further, includes 
  3.1   losses caused by the caving or slumping of the mine pit walls; 
  3.2      (i) (j) a loss of benefits or compensation due under a 
  3.3   program of public assistance or public welfare, except if state 
  3.4   compensation for loss is expressly required by federal law in 
  3.5   order for the state to receive federal grants-in-aid; 
  3.6      (j) (k) a loss based on the failure of a person to meet the 
  3.7   standards needed for a license, permit, or other authorization 
  3.8   issued by the state or its agents; 
  3.9      (k) (l) a loss based on the usual care and treatment, or 
  3.10  lack of care and treatment, of a person at a state hospital or 
  3.11  state corrections facility where reasonable use of available 
  3.12  appropriations has been made to provide care; 
  3.13     (l) (m) loss, damage, or destruction of property of a 
  3.14  patient or inmate of a state institution; 
  3.15     (m) (n) a loss for which recovery is prohibited by section 
  3.16  169.121, subdivision 9; 
  3.17     (n) (o) a loss caused by an aeration, bubbler, water 
  3.18  circulation, or similar system used to increase dissolved oxygen 
  3.19  or maintain open water on the ice of public waters, that is 
  3.20  operated under a permit issued by the commissioner of natural 
  3.21  resources; 
  3.22     (o) (p) a loss incurred by a visitor to the Minnesota 
  3.23  zoological garden, except that the state is liable for conduct 
  3.24  that would entitle a trespasser to damages against a private 
  3.25  person; 
  3.26     (p) (q) a loss arising out of a person's use of a logging 
  3.27  road on public land that is maintained exclusively to provide 
  3.28  access to timber on that land by harvesters of the timber, and 
  3.29  is not signed or otherwise held out to the public as a public 
  3.30  highway; and 
  3.31     (q) (r) a loss incurred by a user of property owned, 
  3.32  leased, or otherwise controlled by the Minnesota National Guard 
  3.33  or the department of military affairs, except that the state is 
  3.34  liable for conduct that would entitle a trespasser to damages 
  3.35  against a private person. 
  3.36     The state will not pay punitive damages. 
  4.1      Sec. 2.  Minnesota Statutes 1996, section 84.63, is amended 
  4.2   to read: 
  4.3      84.63 [CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 
  4.4   FEDERAL GOVERNMENTS.] 
  4.5      Notwithstanding any existing law to the contrary, the 
  4.6   commissioner of natural resources is hereby authorized on behalf 
  4.7   of the state to convey to the United States or to the state of 
  4.8   Minnesota or any of its subdivisions, upon state-owned lands 
  4.9   under the administration of the commissioner of natural 
  4.10  resources, permanent or temporary easements for specified 
  4.11  periods or otherwise for trails, highways, roads and trails 
  4.12  including limitation of right of access from the lands to 
  4.13  adjacent highways and roads, flowage for development of fish and 
  4.14  game resources, stream protection, flood control, and necessary 
  4.15  appurtenances thereto, such conveyances to be made upon such 
  4.16  terms and conditions including provision for reversion in the 
  4.17  event of nonuser as the commissioner of natural resources may 
  4.18  determine. 
  4.19     Sec. 3.  Minnesota Statutes 1996, section 117.21, is 
  4.20  amended to read: 
  4.21     117.21 [EASEMENT TO MAY INCLUDE SNOW FENCES.] 
  4.22     When the right to establish a public road is acquired by 
  4.23  the state, or by any of its agencies or political subdivisions, 
  4.24  there shall may be included in the easement so acquired the 
  4.25  power to erect and maintain temporary snow fences as required 
  4.26  upon lands adjoining the highway part of which lands have been 
  4.27  taken for road purposes.  If included, the right to erect and 
  4.28  maintain such fences shall be considered in awarding damages, 
  4.29  and any award shall be conclusively presumed to include the 
  4.30  damages, if any, caused by the right to erect and maintain such 
  4.31  fences; provided, that, if the state, or agency or political 
  4.32  subdivision thereof, shall file with its petition, or at any 
  4.33  time before the question of damages is submitted to a jury, a 
  4.34  written disclaimer of its desire and intention to acquire a 
  4.35  right to erect and maintain snow fences as to any particular 
  4.36  tract of land involved, then no such right shall be acquired in 
  5.1   such proceeding and no consideration given to such fences as an 
  5.2   element of damage. 
  5.3      Sec. 4.  Minnesota Statutes 1996, section 160.27, is 
  5.4   amended by adding a subdivision to read: 
  5.5      Subd. 7.  [TRUNK HIGHWAY CLOSURE; AUTHORITY, NOTICE, CIVIL 
  5.6   PENALTY.] (a) The commissioner may restrict the use of, or 
  5.7   close, any state trunk highway for the protection and safety of 
  5.8   the public or for the protection of the highway from damage 
  5.9   during storms if there is danger of the road becoming impassable 
  5.10  or if visibility is so limited that safe travel is unlikely. 
  5.11     (b) To notify the public that a trunk highway is closed or 
  5.12  its use restricted, the commissioner shall give notice by one or 
  5.13  more of the following methods: 
  5.14     (1) erect suitable barriers or obstructions on the highway; 
  5.15     (2) post warnings or notices of the closing or restricting 
  5.16  of a trunk highway; 
  5.17     (3) place signs to warn, detour, direct, or otherwise 
  5.18  control traffic on the highway; or 
  5.19     (4) place personnel to warn, detour, direct, or otherwise 
  5.20  control traffic on the highway. 
  5.21     (c) A person is civilly liable for rescue costs if the 
  5.22  person (1) fails to obey the direction or instruction of 
  5.23  authorized personnel, or (2) drives over, through, or around a 
  5.24  barricade, fence, or obstruction erected to prevent traffic from 
  5.25  passing over a portion of a highway closed to public travel.  
  5.26  "Civilly liable for rescue costs" means that the person is 
  5.27  liable to a state agency or political subdivision for costs 
  5.28  incurred for the purpose of rescuing the person, any passengers, 
  5.29  or the vehicle.  Civil liability may be imposed under this 
  5.30  subdivision in addition to the misdemeanor penalty imposed under 
  5.31  subdivision 5.  However, civil liability must not exceed 
  5.32  $10,000.  A fine paid by a defendant in a misdemeanor action 
  5.33  that arose from the same violation may not be applied toward 
  5.34  payment of the civil liability imposed under this subdivision. 
  5.35     (d) A state agency or political subdivision that incurs 
  5.36  costs as described in paragraph (c) may bring an action to 
  6.1   recover the civil liability and related legal, administrative, 
  6.2   and court costs.  A civil action may be commenced as is any 
  6.3   civil action. 
  6.4      Sec. 5.  Minnesota Statutes 1996, section 160.296, 
  6.5   subdivision 1, is amended to read: 
  6.6      Subdivision 1.  [PROCEDURE.] (a) A person who desires a 
  6.7   specific service sign panel shall request the commissioner of 
  6.8   transportation to install the sign.  The commissioner of 
  6.9   transportation may grant the request if the applicant qualifies 
  6.10  for the sign panel and if space is available.  All signs shall 
  6.11  be fabricated, installed, maintained, replaced and removed by 
  6.12  the commissioner of transportation.  The applicant shall pay a 
  6.13  fee to the commissioner of transportation to cover all costs for 
  6.14  fabricating, installing, maintaining, replacing and removing.  
  6.15  The requests for specific service sign panels shall be renewed 
  6.16  every three years. 
  6.17     (b) If the applicant desires to display a business panel, 
  6.18  the business panel for each specific service sign panel shall be 
  6.19  supplied by the applicant.  All costs to fabricate business 
  6.20  panels shall be paid by the applicant.  All business panels 
  6.21  shall be installed and removed by the appropriate road 
  6.22  authority.  The costs for installing and removing business sign 
  6.23  panels on specific service signs located on nonfreeway trunk 
  6.24  highways are included in the fee specified in paragraph (a).  If 
  6.25  a business panel is stolen or damaged beyond repair, the 
  6.26  applicant shall supply a new business panel paid for by the 
  6.27  applicant. 
  6.28     Sec. 6.  Minnesota Statutes 1996, section 160.80, 
  6.29  subdivision 1, is amended to read: 
  6.30     Subdivision 1.  [COMMISSIONER MAY ESTABLISH PROGRAM.] (a) 
  6.31  The commissioner of transportation may establish a sign 
  6.32  franchise program for the purpose of providing on the 
  6.33  right-of-way of interstate and controlled-access trunk highways 
  6.34  specific information on gas, food, camping, and lodging, for the 
  6.35  benefit of the motoring public.  
  6.36     (b) The sign franchise program must include urban 
  7.1   interstate highways.  The commissioner may implement policies 
  7.2   that apply only to signs on interstate highways in urban areas, 
  7.3   such as distance requirements from the interstate for eligible 
  7.4   services, priority issues, and mixing of service logos. 
  7.5      Sec. 7.  Minnesota Statutes 1996, section 160.80, is 
  7.6   amended by adding a subdivision to read: 
  7.7      Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
  7.8   To be eligible for a business panel on a logo sign panel, a 
  7.9   business establishment must: 
  7.10     (1) be open for business; 
  7.11     (2) have a sign on site that both identifies the business 
  7.12  and is visible to motorists; 
  7.13     (3) be open to everyone, regardless of race, religion, 
  7.14  color, age, sex, national origin, creed, marital status, sexual 
  7.15  orientation, or disability; 
  7.16     (4) not impose a cover charge or otherwise require 
  7.17  customers to purchase additional products or services; and 
  7.18     (5) meet the appropriate criteria in paragraphs (b) to (e). 
  7.19     (b) Gas facilities must provide vehicle services including 
  7.20  fuel and oil; restroom facilities and drinking water; 
  7.21  continuous, staffed operation at least 12 hours a day, seven 
  7.22  days a week; and public access to a telephone. 
  7.23     (c) Food facilities must serve at least two meals a day 
  7.24  during normal mealtimes of breakfast, lunch, and dinner; provide 
  7.25  a continuous, staffed food service operation at least ten hours 
  7.26  a day, seven days a week except holidays as defined in section 
  7.27  645.44, subdivision 5, and except as provided for seasonal food 
  7.28  service facilities; provide seating capacity for at least 20 
  7.29  people; possess food service equipment consisting of (1) a 
  7.30  range, oven, steam table, salad bar or salad preparation area, 
  7.31  or (2) at least one deep fat fryer, one grill, and one hot 
  7.32  holding container; and possess any required state or local 
  7.33  licensing or approval.  Seasonal food service facilities must 
  7.34  provide a continuous, staffed food service operation at least 
  7.35  ten hours a day, seven days a week, during their months of 
  7.36  operation. 
  8.1      (d) Lodging facilities must include sleeping 
  8.2   accommodations; provide public access to a telephone; and 
  8.3   possess any required state or local licensing or approval. 
  8.4      (e) Camping facilities must include sites for camping; 
  8.5   include parking accommodations for each campsite; provide 
  8.6   sanitary facilities and drinking water; and possess any required 
  8.7   state or local licensing or approval. 
  8.8      (f) Businesses that do not meet the appropriate criteria in 
  8.9   paragraphs (b) to (e) but that have a signed lease as of January 
  8.10  1, 1998, may retain the business panel until December 31, 2005, 
  8.11  or until they withdraw from the program, whichever occurs first, 
  8.12  provided they continue to meet the criteria in effect in the 
  8.13  department's contract with the vendor on August 1, 1995.  After 
  8.14  December 31, 2005, or after withdrawing from the program, a 
  8.15  business must meet the appropriate criteria in paragraphs (a) to 
  8.16  (e) to qualify for a business panel. 
  8.17     (g) Seasonal businesses must indicate to motorists when 
  8.18  they are open for business by either putting the full months of 
  8.19  operation directly on the business panel or by having a "closed" 
  8.20  plaque applied to the business panel when the business is closed 
  8.21  for the season. 
  8.22     (h) The maximum distance that an eligible business in 
  8.23  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
  8.24  county can be located from the interchange is:  for gas 
  8.25  facilities, one mile; for food facilities, two miles; for 
  8.26  lodging facilities, three miles; and for camping facilities, ten 
  8.27  miles. 
  8.28     (i) The maximum distance that an eligible business in any 
  8.29  other county can be located from the interchange shall not 
  8.30  exceed three miles in either direction, except that if 
  8.31  facilities described in paragraphs (b) to (e) are not available 
  8.32  within the three-mile limit, the limit of eligibility may be 
  8.33  extended in three-mile increments until one or more of those 
  8.34  facilities are reached.  The maximum distance that eligible 
  8.35  facilities can be located from the interchange to qualify for a 
  8.36  business panel is 15 miles in either direction. 
  9.1      (j) Logo sign panels must be erected so that motorists 
  9.2   approaching an interchange view the panels in the following 
  9.3   order:  camping, lodging, food, gas. 
  9.4      (k) When more than six eligible businesses of the same type 
  9.5   of service (gas, food, lodging, or camping) wish to display a 
  9.6   business panel when there are more eligible businesses than 
  9.7   space available, businesses closer to an interchange have 
  9.8   priority over businesses farther away from that interchange. 
  9.9      Sec. 8.  Minnesota Statutes 1996, section 161.081, 
  9.10  subdivision 1, is amended to read: 
  9.11     Subdivision 1.  [DISTRIBUTION OF FIVE PERCENT.] Pursuant to 
  9.12  article 14, section 5, of the constitution, five percent of the 
  9.13  net highway user tax distribution fund is set aside, and 
  9.14  apportioned as follows: 
  9.15     (1) 28 percent to the trunk highway fund; 
  9.16     (2) 64 percent to a separate account in the county 
  9.17  state-aid highway fund to be known as the county turnback 
  9.18  account, which account in the state treasury is hereby created;. 
  9.19     (3) 8 percent to a separate account in the municipal 
  9.20  state-aid street fund to be known as the municipal turnback 
  9.21  account, which account in the state treasury is hereby created. 
  9.22     That apportionment is further distributed as follows: 
  9.23     (1) 30.5 percent to the town road account created in 
  9.24  section 162.081; 
  9.25     (2) 16 percent to the town bridge account, which is created 
  9.26  in the state treasury; and 
  9.27     (3) 53.5 percent to the flexible highway account created in 
  9.28  subdivision 3. 
  9.29     Sec. 9.  Minnesota Statutes 1996, section 161.081, is 
  9.30  amended by adding a subdivision to read: 
  9.31     Subd. 3.  [FLEXIBLE HIGHWAY ACCOUNT; TURNBACK ACCOUNTS.] (a)
  9.32  The flexible highway account is created in the state treasury.  
  9.33  Money in the account may be used either for the restoration of 
  9.34  former trunk highways that have reverted to counties or to 
  9.35  statutory or home rule charter cities or for regular trunk 
  9.36  highway purposes. 
 10.1      (b) For purposes of this subdivision, "restoration" means 
 10.2   the level of effort required to improve the route that will be 
 10.3   turned back to an acceptable condition as determined by 
 10.4   agreement made between the commissioner and the county or city 
 10.5   before the route is turned back. 
 10.6      (c) The commissioner shall review the need for funds to 
 10.7   restore highways that have been or will be turned back and the 
 10.8   need for funds for the trunk highway system.  The commissioner 
 10.9   shall determine on a biennial basis, the percentage of this 
 10.10  flexible account to be used for county turnbacks, for municipal 
 10.11  turnbacks, and for regular trunk highway projects.  The 
 10.12  commissioner shall make this determination only after meeting 
 10.13  and holding discussions with committees selected by the 
 10.14  statewide associations of both county commissioners and 
 10.15  municipal officials. 
 10.16     (d) Money that will be used for the restoration of trunk 
 10.17  highways that have reverted or that will revert to cities must 
 10.18  be deposited in the municipal turnback account, which is created 
 10.19  in the state treasury.  
 10.20     (e) Money that will be used for the restoration of trunk 
 10.21  highways that have reverted or that will revert to counties must 
 10.22  be deposited in the county turnback account, which is created in 
 10.23  the state treasury. 
 10.24     (f) As part of the biennial budget submission to the 
 10.25  legislature, the commissioner shall describe how the money in 
 10.26  the flexible highway account will be apportioned among the 
 10.27  county turnback account, the municipal turnback account, and the 
 10.28  trunk highway fund.  
 10.29     (g) Money apportioned from the flexible highway account to 
 10.30  the trunk highway fund must be used for state road construction 
 10.31  and engineering costs. 
 10.32     Sec. 10.  Minnesota Statutes 1996, section 161.082, 
 10.33  subdivision 1, is amended to read: 
 10.34     Subdivision 1.  [RULES.] Except as hereinafter provided in 
 10.35  this section and in section 161.081, all money accruing to the 
 10.36  county turnback account shall be expended in accordance with 
 11.1   rules of the commissioner of transportation in paying a county 
 11.2   for the restoration of former trunk highways, or portions 
 11.3   thereof, that have reverted to the county in accordance with 
 11.4   law, and have become a part of the county state-aid highway 
 11.5   system. 
 11.6      Sec. 11.  Minnesota Statutes 1996, section 161.082, 
 11.7   subdivision 2a, is amended to read: 
 11.8      Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
 11.9   (a) An amount equal to 25 16 percent of the county turnback 
 11.10  account must be expended on town road bridge structures that are 
 11.11  ten feet or more in length and on town road culverts that 
 11.12  replace existing town road bridges.  In addition, if the present 
 11.13  bridge structure is less than ten feet in length but a 
 11.14  hydrological survey indicates that the replacement bridge 
 11.15  structure or culvert must be ten feet or more in length, then 
 11.16  the bridge or culvert is eligible for replacement funds. 
 11.17     (b) In addition, if a culvert that replaces a deficient 
 11.18  bridge is in a county comprehensive water plan approved by the 
 11.19  board of water and soil resources and the department of natural 
 11.20  resources, the costs of the culvert and roadway grading other 
 11.21  than surfacing are eligible for replacement funds up to the cost 
 11.22  of constructing a replacement bridge. 
 11.23     (c) The expenditures on bridge structures and culverts may 
 11.24  be on a matching basis, and if on a matching basis, not more 
 11.25  than 90 percent of the cost of a bridge structure or culvert may 
 11.26  be paid from the county turnback account. and may be for 100 
 11.27  percent of the cost of the replacement structure or culvert or 
 11.28  for 100 percent of the cost of rehabilitating the existing 
 11.29  structure. 
 11.30     (d) The town bridge account may be used to pay the costs to 
 11.31  abandon an existing bridge that is deficient and in need of 
 11.32  replacement, but where no replacement will be made.  It may also 
 11.33  be used to pay the costs to construct a road or street to 
 11.34  facilitate the abandonment of an existing bridge determined by 
 11.35  the commissioner to be deficient, if the commissioner determines 
 11.36  that construction of the road or street is more cost efficient 
 12.1   than replacing the existing bridge. 
 12.2      (e) When bridge approach construction work exceeds $10,000 
 12.3   in costs, or when the county engineer determines that the cost 
 12.4   of the replacement culverts alone will not exceed $20,000, the 
 12.5   town shall be eligible for financial assistance from the town 
 12.6   bridge account.  Financial assistance shall be requested by 
 12.7   resolution of the county board and shall be limited to: 
 12.8      (1) 100 percent of the cost of the bridge approach work 
 12.9   that is in excess of $10,000; or 
 12.10     (2) 100 percent of the cost of the replacement culverts 
 12.11  when the cost does not exceed $20,000 and the town board agrees 
 12.12  to be responsible for all the other costs, which may include 
 12.13  costs for structural removal, installation, and permitting.  The 
 12.14  replacement structure design and costs shall be approved and 
 12.15  certified by the county engineer, but need not be subsequently 
 12.16  approved by the department of transportation. 
 12.17     (f) An amount equal to 47.5 30.5 percent of the county 
 12.18  turnback account must be set aside as a town road account and 
 12.19  distributed as provided in section 162.081. 
 12.20     Sec. 12.  Minnesota Statutes 1996, section 161.44, 
 12.21  subdivision 1, is amended to read: 
 12.22     Subdivision 1.  [CONVEYANCE.] The commissioner may convey 
 12.23  and quitclaim any lands, including any improvements thereon, 
 12.24  owned in fee by the state for trunk highway purposes but no 
 12.25  longer needed therefor.  Notwithstanding any provisions in this 
 12.26  section or in section 161.23 to the contrary, fee title to or an 
 12.27  easement in all or part of the lands and lands previously 
 12.28  acquired in fee for trunk highways or acquired pursuant to 
 12.29  section 161.23, in excess of what is needed for highway purposes 
 12.30  may be conveyed and quitclaimed for public purposes to the 
 12.31  government of the United States and any agency or department of 
 12.32  the federal government or to any political subdivision or agency 
 12.33  of the state upon the terms and conditions as may be agreed upon 
 12.34  between the commissioner and the United States or between the 
 12.35  commissioner and the political subdivision or agency of the 
 12.36  state. 
 13.1      Sec. 13.  Minnesota Statutes 1996, section 174.03, 
 13.2   subdivision 1a, is amended to read: 
 13.3      Subd. 1a.  [REVISION OF STATE TRANSPORTATION PLAN.] The 
 13.4   commissioner shall revise the state transportation plan by 
 13.5   January 1, 1996, and by January 1 of each odd-numbered year 
 13.6   periodically thereafter as determined by the commissioner.  
 13.7   Before final adoption of a revised plan, the commissioner 
 13.8   shall hold a hearing to receive public comment on the plan.  The 
 13.9   revised state transportation plan must: 
 13.10     (1) incorporate the goals of the state transportation 
 13.11  system in section 174.01; and 
 13.12     (2) establish objectives, policies, and strategies for 
 13.13  achieving those goals.  
 13.14     Sec. 14.  Minnesota Statutes 1996, section 174.03, 
 13.15  subdivision 2, is amended to read: 
 13.16     Subd. 2.  [IMPLEMENTATION OF PLAN.] After the adoption and 
 13.17  each revision of the statewide transportation plan, the 
 13.18  commissioner and the transportation regulation board shall take 
 13.19  no action inconsistent with the revised plan. 
 13.20     Sec. 15.  Minnesota Statutes 1996, section 221.011, is 
 13.21  amended by adding a subdivision to read: 
 13.22     Subd. 48.  [PRIVATE CARRIER OF PROPERTY.] "Private carrier 
 13.23  of property" means a private carrier who engages in the 
 13.24  intrastate transportation of property. 
 13.25     Sec. 16.  Minnesota Statutes 1996, section 221.0251, 
 13.26  subdivision 1, is amended to read: 
 13.27     Subdivision 1.  [REGISTRATION STATEMENT.] (a) A person who 
 13.28  wishes to operate as a motor carrier shall file a complete and 
 13.29  accurate registration statement must be filed with the 
 13.30  commissioner by: 
 13.31     (1) a person who wishes to operate as a motor carrier of 
 13.32  property, regardless of the weight of its vehicles; 
 13.33     (2) a private carrier of property who operates vehicles 
 13.34  with a gross vehicle weight of more than 10,000 pounds; and 
 13.35     (3) a person who wishes to engage in any transportation 
 13.36  described in section 221.025, clauses (b), (e) to (m), (o), and 
 14.1   (p) and who operates vehicles with a gross vehicle weight of 
 14.2   more than 10,000 pounds.  
 14.3      (b) A registration statement must be on a form provided by 
 14.4   the commissioner and include: 
 14.5      (1) the registrant's name, including an assumed or 
 14.6   fictitious name used by the registrant in doing business; 
 14.7      (2) the registrant's mailing address and business telephone 
 14.8   number; 
 14.9      (3) the registrant's federal Employer Identification Number 
 14.10  and Minnesota Business Identification Number and the 
 14.11  identification numbers, if any, assigned to the registrant by 
 14.12  the United States Department of Transportation, Interstate 
 14.13  Commerce Commission, or Environmental Protection Agency; 
 14.14     (4) the name, title, and telephone number of the individual 
 14.15  who is principally responsible for the operation of the 
 14.16  registrant's transportation business; 
 14.17     (5) the principal location from which the registrant 
 14.18  conducts its transportation business and where the records 
 14.19  required by this chapter will be kept; 
 14.20     (6) if different from clause (5), the location in Minnesota 
 14.21  where the records required by this chapter will be available for 
 14.22  inspection and copying by the commissioner; 
 14.23     (7) whether the registrant transports hazardous materials 
 14.24  or hazardous waste; 
 14.25     (8) whether the registrant's business is a corporation, 
 14.26  partnership, limited liability partnership, limited liability 
 14.27  company, or sole proprietorship; and 
 14.28     (9) if the registrant is a foreign corporation authorized 
 14.29  to transact business in Minnesota, the state of incorporation 
 14.30  and the name and address of its registered agent. 
 14.31     (c) This subdivision does not apply to a private carrier of 
 14.32  property or a person providing transportation under section 
 14.33  221.025 if the private carrier or person is a farmer who 
 14.34  operates only vehicles with four or fewer axles. 
 14.35     Sec. 17.  Minnesota Statutes 1996, section 221.0251, is 
 14.36  amended by adding a subdivision to read: 
 15.1      Subd. 1a.  [FEDERAL FORM REQUIRED.] A person who is 
 15.2   required to comply with subdivision 1 who has not filed a 
 15.3   registration statement with the commissioner before August 1, 
 15.4   1998, shall file a complete and accurate federal Motor Carrier 
 15.5   Identification Report, form MCS-150, as its registration 
 15.6   statement. 
 15.7      Sec. 18.  Minnesota Statutes 1996, section 221.0251, 
 15.8   subdivision 2, is amended to read: 
 15.9      Subd. 2.  [SIGNATURE REQUIRED.] A registration statement 
 15.10  may be signed only by a corporate officer, general partner, 
 15.11  limited liability company board member, or sole proprietor.  A 
 15.12  signature must be notarized. 
 15.13     Sec. 19.  Minnesota Statutes 1996, section 221.0251, 
 15.14  subdivision 3, is amended to read: 
 15.15     Subd. 3.  [CERTIFICATE OF REGISTRATION; ISSUANCE; 
 15.16  LOCATION.] (a) The commissioner shall issue a certificate of 
 15.17  registration to a registrant who has filed a registration 
 15.18  statement that complies with subdivisions 1 and 2 and paid the 
 15.19  required fee, has a satisfactory safety rating or subdivisions 
 15.20  1a and 2 and, if applicable, has complied with the financial 
 15.21  responsibility requirements in section 221.141.  The 
 15.22  commissioner may not issue a certificate of registration to a 
 15.23  registrant who has an unsatisfactory safety rating. 
 15.24     (b) A certificate of registration must be numbered and bear 
 15.25  an effective date. 
 15.26     (c) A certificate of registration must be kept at the 
 15.27  registrant's principal place of business. 
 15.28     Sec. 20.  Minnesota Statutes 1996, section 221.0251, is 
 15.29  amended by adding a subdivision to read: 
 15.30     Subd. 3a.  [ISSUANCE OF CARRIER IDENTIFICATION NUMBER.] The 
 15.31  commissioner shall issue, or cause to be issued, a "USDOT" 
 15.32  carrier identification number to a carrier who has filed a 
 15.33  federal Motor Carrier Identification Report, form MCS-150, under 
 15.34  subdivision 1a if one has not been issued to the carrier 
 15.35  previously. 
 15.36     Sec. 21.  Minnesota Statutes 1996, section 221.0251, 
 16.1   subdivision 5, is amended to read: 
 16.2      Subd. 5.  [OBLIGATION TO KEEP INFORMATION CURRENT.] A 
 16.3   registrant shall notify the commissioner in writing of any 
 16.4   change in the information described in subdivision subdivisions 
 16.5   1 and 1a. 
 16.6      Sec. 22.  Minnesota Statutes 1996, section 221.031, 
 16.7   subdivision 6, is amended to read: 
 16.8      Subd. 6.  [VEHICLE IDENTIFICATION RULE.] (a) The following 
 16.9   carriers shall display the carrier's name and address 
 16.10  identifying information described in paragraph (b) on the power 
 16.11  unit of each vehicle:  
 16.12     (1) intrastate motor carriers, regardless of the weight of 
 16.13  the vehicle; 
 16.14     (2) interstate and intrastate private carriers operating 
 16.15  vehicles with a gross vehicle weight of more than 10,000 pounds; 
 16.16  and 
 16.17     (3) vehicles providing intrastate transportation described 
 16.18  in section 221.025 with a gross vehicle weight of more than 
 16.19  10,000 pounds except those providing transportation described in 
 16.20  section 221.025, clauses (a), (c), and (d).  
 16.21     Vehicles described in clauses (2) and (3) that are operated 
 16.22  by farmers or farm employees and have four or fewer axles are 
 16.23  not required to comply with the vehicle identification rule of 
 16.24  the commissioner this subdivision. 
 16.25     (b) Vehicles subject to this subdivision must show: 
 16.26     (1) the name or "doing business as" name of the carrier 
 16.27  operating the vehicle and; 
 16.28     (2) the city or community and abbreviation of the state in 
 16.29  which the carrier maintains its principal office or in which the 
 16.30  vehicle is customarily based; and 
 16.31     (3) the carrier identification number, if issued by the 
 16.32  Federal Highway Administration or the commissioner, preceded by 
 16.33  the letters "USDOT".  If the carrier operates a leased vehicle, 
 16.34  it may show its name and the name of the lessor on the vehicle, 
 16.35  if the lease relationship is clearly shown.  
 16.36     If the name of a person other than the operating carrier 
 17.1   appears on the vehicle, either alone or in combination, the 
 17.2   words "operated by" must immediately precede the name of the 
 17.3   carrier information required by clauses (1) to (3).  Other 
 17.4   identifying information may be displayed on the vehicle if it is 
 17.5   not inconsistent with the information required by this paragraph.
 17.6      (c) The name and address information required in paragraph 
 17.7   (b) must appear on both sides of the vehicle, be in letters that 
 17.8   contrast sharply in color with the background on which the 
 17.9   letters are placed, be readily legible during daylight hours 
 17.10  from a distance of 50 feet while the vehicle is stationary, and 
 17.11  be maintained in a manner that retains the legibility of the 
 17.12  markings.  The name and address information required in 
 17.13  paragraph (b) may be painted on the vehicle or may be shown by 
 17.14  use of a removable device if that device meets the 
 17.15  identification and legibility requirements of this subdivision.  
 17.16  A carrier operating a vehicle that is subject to this 
 17.17  subdivision under a rental agreement having a term of 30 
 17.18  calendar days or less may meet the requirements of this 
 17.19  subdivision by complying with paragraph (b) or by complying with 
 17.20  Code of Federal Regulations, title 49, section 390.21, paragraph 
 17.21  (e), which is incorporated by reference. 
 17.22     Sec. 23.  Minnesota Statutes 1996, section 221.034, 
 17.23  subdivision 1, is amended to read: 
 17.24     Subdivision 1.  [NOTICE REQUIRED.] At the earliest 
 17.25  practicable moment, each person who transports hazardous 
 17.26  materials, including hazardous wastes, shall give notice in 
 17.27  accordance with subdivision 2 after each incident that occurs 
 17.28  during the course of transportation including loading, 
 17.29  unloading, and temporary storage, in which as a direct result of 
 17.30  hazardous materials:  
 17.31     (1) a person is killed; 
 17.32     (2) a person receives injuries requiring hospitalization; 
 17.33     (3) estimated carrier or other property damage exceeds 
 17.34  $50,000; 
 17.35     (4) an evacuation of the general public occurs lasting one 
 17.36  or more hours; 
 18.1      (5) one or more major transportation arteries or facilities 
 18.2   are closed or shut down for one hour or more; 
 18.3      (6) the operational flight pattern or routine of an 
 18.4   aircraft is altered; 
 18.5      (7) fire, breakage, spillage, or suspected radioactive 
 18.6   contamination occurs involving shipment of radioactive material; 
 18.7      (8) fire, breakage, spillage, or suspected contamination 
 18.8   occurs involving shipment of etiologic agents; or 
 18.9      (9) a situation exists of such a nature that, in the 
 18.10  judgment of the carrier, it should be reported in accordance 
 18.11  with subdivision 2 even though it does not meet the criteria of 
 18.12  clause (1), (2), or (3), but a continuing danger to life exists 
 18.13  at the scene of the incident; or 
 18.14     (10) there has been a release of a marine pollutant in a 
 18.15  quantity exceeding 450 liters (119 gallons) for liquids or 450 
 18.16  kilograms (882 pounds) for solids.  
 18.17     Sec. 24.  Minnesota Statutes 1996, section 221.034, 
 18.18  subdivision 5, is amended to read: 
 18.19     Subd. 5.  [DISCHARGES NOT APPLICABLE.] Except as provided 
 18.20  in subdivision 6, the requirements of subdivision 3 do not apply 
 18.21  to incidents involving the unintentional release of hazardous 
 18.22  materials being transported under the following proper shipping 
 18.23  names:  
 18.24     (1) consumer commodity; 
 18.25     (2) battery, electric storage, wet, filled with acid or 
 18.26  alkali; 
 18.27     (3) paint, enamel, lacquer, stain, shellac or varnish 
 18.28  aluminum, bronze, gold, wood filler, and liquid or lacquer base 
 18.29  liquid when shipped in packagings of five gallons or less; or 
 18.30     (4) materials prepared and transported as a limited 
 18.31  quantity according to Code of Federal Regulations, title 49, 
 18.32  subchapter C. 
 18.33     Sec. 25.  Minnesota Statutes 1996, section 222.63, 
 18.34  subdivision 4, is amended to read: 
 18.35     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
 18.36  lease any rail line or right-of-way held in the state rail bank 
 19.1   or enter into an agreement with any person for the operation of 
 19.2   any rail line or right-of-way for any of the purposes set forth 
 19.3   in subdivision 2 in accordance with a fee schedule to be 
 19.4   developed by the commissioner.  
 19.5      (b) The commissioner may convey any rail line or 
 19.6   right-of-way, for consideration or for no consideration and upon 
 19.7   other terms as the commissioner may determine to be in the 
 19.8   public interest, to any other state agency or to a governmental 
 19.9   subdivision of the state having power by law to utilize it for 
 19.10  any of the purposes set forth in subdivision 2.  
 19.11     (c) The commissioner may convey a portion of previously 
 19.12  acquired rail bank right-of-way to a state agency or 
 19.13  governmental subdivision when the commissioner determines that: 
 19.14     (1) the portion to be conveyed is in excess of that needed 
 19.15  for the purposes stated in subdivision 2; 
 19.16     (2) the conveyance is upon terms and conditions agreed upon 
 19.17  by both the commissioner and the state agency or governmental 
 19.18  subdivision; and 
 19.19     (3) after the sale, the rail bank corridor will continue to 
 19.20  meet the future public and commercial transportation and 
 19.21  transmission needs of the state. 
 19.22     Proceeds from a sale shall be deposited in the rail bank 
 19.23  maintenance account described in subdivision 8. 
 19.24     Sec. 26.  Minnesota Statutes 1996, section 270.077, is 
 19.25  amended to read: 
 19.26     270.077 [TAXES CREDITED TO STATE AIRPORTS FUND CREATED.] 
 19.27     There is hereby created in the state treasury a fund to be 
 19.28  known as the state airports fund to which shall be credited the 
 19.29  proceeds of All taxes levied under sections 270.071 to 270.079 
 19.30  and all other moneys which may be deposited to the credit 
 19.31  thereof pursuant to any other provision of law.  All moneys in 
 19.32  the state airports fund are hereby appropriated to the 
 19.33  commissioner of transportation for the purpose of acquiring, 
 19.34  constructing, improving, maintaining, and operating airports and 
 19.35  other air navigation facilities for the state, and to assist 
 19.36  municipalities within the state in the acquisition, 
 20.1   construction, improvement, and maintenance of airports and other 
 20.2   air navigation facilities must be credited to the state airports 
 20.3   fund created in section 360.017. 
 20.4      Sec. 27.  Minnesota Statutes 1996, section 360.024, is 
 20.5   amended to read: 
 20.6      360.024 [AIR TRANSPORTATION SERVICES, COST REIMBURSEMENT 
 20.7   SERVICE CHARGES.] 
 20.8      The commissioner shall charge users of air transportation 
 20.9   services provided by the commissioner for all direct operating 
 20.10  costs, including salaries and acquisition of excluding pilot 
 20.11  salary and aircraft acquisition costs.  All receipts for these 
 20.12  services shall be deposited in the air transportation services 
 20.13  account in the state airports fund and are appropriated to the 
 20.14  commissioner to pay all these direct air service operating costs
 20.15  , including salaries.  Receipts to cover the cost of acquisition 
 20.16  of aircraft must be transferred and credited to the account or 
 20.17  fund whose assets were used for the acquisition. 
 20.18     Sec. 28.  [REPEALER.] 
 20.19     Minnesota Statutes 1996, section 161.115, subdivision 219, 
 20.20  is repealed when the transfer of jurisdiction of a portion of 
 20.21  legislative route No. 288 agreed to by the commissioner of 
 20.22  transportation and the Anoka county board and the jurisdiction 
 20.23  of the remainder of the route is agreed to by the commissioner 
 20.24  and the Anoka city council and a copy of the agreement, signed 
 20.25  by the commissioner, the chair of the Anoka county board, and 
 20.26  the mayor of the city of Anoka, is filed in the office of the 
 20.27  commissioner. 
 20.28     Sec. 29.  [INSTRUCTION TO THE REVISOR.] 
 20.29     The revisor of statutes shall delete the route identified 
 20.30  in section 28 in the next publication of Minnesota Statutes 
 20.31  unless the commissioner of transportation informs the revisor 
 20.32  that the conditions required to transfer the route were not 
 20.33  satisfied. 
 20.34     Sec. 30.  [EFFECTIVE DATE.] 
 20.35     Sections 8 to 11 are effective July 1, 1999.