Minnesota Legislature
SF 3223
4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28
2.29
2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14
4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3
5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22
5.23 5.24 5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29
7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17
8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6
9.7
9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16
9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31
9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13
10.14 10.15 10.16
10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35
11.1 11.2
11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17
13.18 13.19 13.20 13.21 13.22
13.23 13.24
13.25 13.26 13.27 13.28 13.29 13.30
13.31 13.32
14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27
14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35
15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21
15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18
18.19
18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7
19.8
19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34
20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12
21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31
21.32 21.33
21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10
22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21
22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21
23.22 23.23 23.24 23.25 23.26
23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31
24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9
25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28
25.29 25.30 25.31 25.32 25.33 26.1 26.2
26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19
27.20
27.21 27.22 27.23 27.24 27.25
27.26 27.27
27.28 27.29 27.30 27.31 27.32 28.1 28.2
28.3
28.4 28.5 28.6 28.7 28.8
28.9 28.10 28.11 28.12 28.13 28.14 28.15
28.16 28.17 28.18 28.19 28.20
28.21
28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30
29.31 29.32 29.33 29.34 30.1 30.2
30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22
30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31
30.32 30.33
31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23
31.24
31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4
32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3
33.4
33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13
33.14 33.15
33.16 33.17 33.18 33.19 33.20 33.21 33.22
33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26
34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9
35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33
35.34 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21
36.22 36.23
36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32
36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15
37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3
38.4 38.5
38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16
38.17 38.18
38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10
40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6
42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20
42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29
42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15
43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23
43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21
44.22 44.23 44.24 44.25 44.26 44.27
44.28 44.29 44.30 44.31 44.32 44.33
45.1 45.2 45.3
45.4 45.5 45.6 45.7
45.8 45.9
45.10 45.11 45.12 45.13 45.14 45.15 45.16
45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 46.36
47.1 47.2
47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27
48.28
48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28
50.29
50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8
52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35
53.1 53.2
53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2
54.3 54.4
54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26
54.27 54.28 54.29 54.30
54.31 54.32 54.33 55.1 55.2 55.3 55.4
55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11
56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18
57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29
57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3
58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13
58.14
58.15 58.16 58.17 58.18 58.19 58.20
58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28
59.29
59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8
60.9
60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29
60.30
60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34
62.1 62.2 62.3 62.4
62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33
62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7
63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3
64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32
64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16
65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29
66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13
67.14 67.15 67.16 67.17 67.18 67.19 67.20
67.21 67.22 67.23 67.24 67.25 67.26 67.27
67.28 67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11
68.12 68.13
68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26
69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10
70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31
70.32 70.33 71.1 71.2 71.3 71.4 71.5
71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34
72.1 72.2
72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28
72.29 72.30
72.31 72.32 72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6
73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22
73.23
73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19
74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21
75.22 75.23
75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2
76.3 76.4
76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25
76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11
77.12
77.13 77.14 77.15 77.16 77.17
77.18 77.19 77.20 77.21
77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 78.1 78.2 78.3 78.4 78.5 78.6
78.7
78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18
78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19
79.20
79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31
79.32
79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2
81.3 81.4 81.5 81.6
81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24
81.25 81.26 81.27 81.28
81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3
82.4
82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24
82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34
84.1 84.2 84.3 84.4
84.5
84.6 84.7 84.8
84.9 84.10
84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 85.36 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17
86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34
86.35
87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20
87.21
87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7
88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9
89.10
89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 90.35 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12
91.13 91.14
91.15 91.16 91.17
91.18
91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12
92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29
92.30 92.31 92.32
92.33 92.34 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16
93.17 93.18 93.19
A bill for an act
relating to transportation; modifying or adding provisions relating to highways,
motor vehicles, vehicle registration, fuel tax agreement fees, traffic regulations
and surcharges, vehicle parking ordinances, commercial vehicles and vehicle
combinations and permits, design-build construction, pupil transportation and
school bus drivers, drivers' licenses, driver training, motor fuels, the State Patrol,
transit and paratransit planning, urban partnership agreement implementation,
the transfer of right-of-way to state rail bank, nonmotorized transportation,
transportation finance, and other transportation-related programs or practices;
repealing surcharge for special veteran license plates; requiring studies and
reports; imposing penalties; appropriating money; amending Minnesota Statutes
2006, sections 13.72, subdivision 11; 160.02, by adding a subdivision; 161.081,
subdivision 3, as amended, by adding subdivisions; 161.3420, subdivisions 2, 3,
4; 161.3422; 161.3426, subdivisions 1, 3, 4; 162.02, by adding a subdivision;
163.051, subdivision 1; 168.011, subdivisions 7, 22; 168.012, subdivision 1, by
adding a subdivision; 168.013, by adding a subdivision; 168.021, subdivisions
1, 2; 168.09, subdivision 7; 168.123, subdivision 2; 168.185; 168.28; 168A.01,
subdivision 21; 168A.03, subdivision 1; 168A.05, subdivision 9; 168B.051,
subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding a subdivision;
168B.08, subdivision 1; 168B.087, subdivision 1; 168D.06; 168D.07; 169.01,
subdivisions 6, 31, 55, 76, by adding subdivisions; 169.18, subdivision 5;
169.21, by adding a subdivision; 169.224; 169.306; 169.346, subdivision 5;
169.435; 169.446, subdivision 2; 169.67, subdivision 3; 169.685, subdivisions 5,
6; 169.686, subdivisions 1, 2, by adding a subdivision; 169.781, subdivisions
1, 2; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a;
169.85, subdivision 1; 169.86, by adding a subdivision; 169.87, by adding a
subdivision; 169.99, by adding a subdivision; 169A.03, subdivision 23; 171.01,
subdivision 35; 171.02, by adding a subdivision; 171.03; 171.05, subdivision
2b; 171.055, subdivision 2; 171.13, subdivision 1, by adding a subdivision;
171.165, subdivision 2; 171.18, subdivision 1; 171.24, by adding a subdivision;
171.29, subdivision 1; 171.321, subdivision 5; 174.02, subdivision 2; 174.03,
subdivision 1; 174.24, by adding a subdivision; 221.011, by adding a subdivision;
221.031, subdivision 1; 221.036, subdivisions 1, 3; 221.121, subdivisions 1,
6a; 221.151, subdivision 1; 221.221, subdivision 2; 239.791, subdivision 10,
by adding a subdivision; 299A.705, subdivision 1; 299D.03, subdivision 1;
299D.06; 325F.6641, subdivisions 1, 2; 357.021, subdivisions 6, 7; 465.74, by
adding a subdivision; 473.13, subdivision 1a; 473.388, subdivision 2; 473.446,
subdivisions 2, 8; Minnesota Statutes 2007 Supplement, sections 169.443,
subdivision 9; 171.02, subdivisions 2, 2a; Laws 1976, chapter 199, section
14, subdivision 1, as amended; Laws 2002, chapter 393, section 85; Laws
2008, chapter 152, article 1, section 6; article 2, sections 1; 3, subdivision 2;
article 3, sections 1; 8; article 4, section 2, subdivision 1; article 6, section 7;
proposing coding for new law in Minnesota Statutes, chapters 160; 168; 169;
171; 174; repealing Minnesota Statutes 2006, sections 161.3426, subdivision 2;
168.123, subdivision 2a; 169.145; 169.446, subdivision 3; 221.121, subdivision
4; 473.4461.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION POLICY
Section 1.
Minnesota Statutes 2006, section 13.72, subdivision 11, is amended to read:
Subd. 11.
Design-build transportation project.
When the Department of
Transportation undertakes a design-build transportation project as defined in section
161.3410, subdivision 6, the statement of qualification evaluation criteria and scoring
methodology, statement of qualification evaluations, technical proposal evaluation criteria
and scoring methodology, deleted text begin anddeleted text end technical proposal evaluationsnew text begin , and audio recordings of
meetings with proposers new text end are classified as protected nonpublic data with regard to data not
on individuals and as confidential data on individuals. The statement of qualification
evaluation criteria and scoring methodology and statement of qualification evaluations
are public when the Department of Transportation announces the short list of qualified
contractors. The technical proposal evaluation criteria, scoring methodology, deleted text begin anddeleted text end
technical proposal evaluationsnew text begin , and audio recordings of meetings with proposers new text end are
public when the project is awarded.
Sec. 2.
Minnesota Statutes 2006, section 160.02, is amended by adding a subdivision
to read:
new text begin Subd. 30. new text end
new text begin Dynamic shoulder lane. new text end
new text begin
"Dynamic shoulder lane" means the shoulder
of a freeway on which the commissioner may allow the operation of vehicles during
certain periods.
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. 3.
new text begin
[160.94] USER FEES; URBAN PARTNERSHIP AGREEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Exception. new text end
new text begin
The provisions of section 160.93 do not apply to this
section.
new text end
new text begin Subd. 2. new text end
new text begin Fees authorized. new text end
new text begin
To improve efficiency and provide more options to
individuals traveling in a trunk highway corridor, the commissioner of transportation
may charge user fees to owners or operators of: (1) single-occupant vehicles using
dynamic shoulder lanes as designated by the commissioner; and (2) any designated
high-occupancy vehicle lanes within the I-35W corridor. The fees may be collected using
electronic or other toll-collection methods and may vary in amount with the time of day
and level of traffic congestion within the corridor. The commissioner shall consult with
the Metropolitan Council and obtain necessary federal authorizations before implementing
user fees on a high-occupancy vehicle lane or dynamic shoulder lane. Fees under this
section are not subject to section 16A.1283.
new text end
new text begin Subd. 3. new text end
new text begin
I-35W high-occupancy vehicle and dynamic shoulder lane account.
new text end
new text begin
(a) An I-35W high-occupancy vehicle and dynamic shoulder lane account is established
in the special revenue fund. Money collected from fees authorized under subdivision 2
must be deposited in the account and used as described in this subdivision. Money in the
account is appropriated to the commissioner.
new text end
new text begin
(b) During the first year of revenue operations, the commissioner shall use the
money received in that year to pay the costs of operating and administering the fee
collection system within the corridor, up to $1,000,000. Any remaining money must be
transferred to the Metropolitan Council for improvement of bus transit services within the
I-35W corridor including transit capital expenses.
new text end
new text begin
(c) During the second and subsequent years of revenue operations, the commissioner
shall use money in the account as follows:
new text end
new text begin
(1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues
for operating and administering the fee collection system within the corridor;
new text end
new text begin
(2) transfer the remaining amount up to the amount allocated under clause (1) to
the Metropolitan Council for improvement of bus transit within the corridor including
capital expenses; and
new text end
new text begin
(3) allocate any remaining amount as follows:
new text end
new text begin
(i) 25 percent to the commissioner for operating and administering the fee collection
system within the corridor and for transportation improvements that are consistent with
the goals of the urban partnership agreement and that are located within the corridor; and
new text end
new text begin
(ii) 75 percent to the Metropolitan Council for improvement of bus transit services
within the corridor including transit capital expenses.
new text end
new text begin
(d) A portion of the revenues collected within the corridor must be spent for noise
mitigation in the corridor. The commissioner and the Metropolitan Council shall prepare a
plan to mitigate noise within the I-35W corridor. The plan must specify the amount of the
revenues collected within the corridor that will be dedicated to noise mitigation.
new text end
new text begin Subd. 4. new text end
new text begin Exemption from rulemaking and statutory requirements. new text end
new text begin
With respect
to this section, the commissioner is exempt from statutory rulemaking requirements,
including section 14.386, and from sections 160.84 to 160.92 and 161.162 to 161.167.
new text end
new text begin Subd. 5. new text end
new text begin Prohibition. new text end
new text begin
No person may operate a vehicle in a designated
high-occupancy vehicle lane or dynamic shoulder lane except in compliance with the
requirements of the commissioner. A person who violates this subdivision is guilty
of a petty misdemeanor and is subject to sections 169.89, subdivisions 1, 2, and 4, and
169.891, and any other provision of chapter 169 applicable to the commission of a petty
misdemeanor traffic offense.
new text end
new text begin Subd. 6. new text end
new text begin Dynamic shoulder lanes. new text end
new text begin
The commissioner may designate dynamic
shoulder lanes on freeways. The commissioner may operate dynamic shoulder lanes
as priced lanes, general purpose lanes, or as shoulders as defined in section 169.01,
subdivision 73, and may prescribe the conditions under which the lanes may be used by all
types of traffic. The commissioner shall erect signs to indicate when the lanes may be used.
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. 4.
Minnesota Statutes 2006, section 161.3420, subdivision 2, is amended to read:
Subd. 2.
Technical Review Committee.
During the phase-one request for
qualifications (RFQ) and before solicitation, the commissioner shall appoint a Technical
Review Committee of at least five individuals. The Technical Review Committee must
include an individual whose name and qualifications are submitted to the commissioner
by the Minnesota chapter of the Associated General Contractors, after consultation with
other commercial contractor associations in the state. Members of the Technical Review
Committee who are not state employees are subject to the Minnesota Government Data
Practices Act and section 16C.06 to the same extent that state agencies are subject to those
provisions. new text begin The commissioner shall pay reasonable compensation to Technical Review
Committee members who are not public employees for their services. A minimum of
two state employees on the Technical Review Committee must be at the level of senior
administrative engineer or above. new text end A Technical Review Committee member may not
participate in the review or discussion of responses to an RFQ or request for proposals
(RFP) when the member has a financial interest in any of the design-build firms that
respond to that RFQ or RFP. "Financial interest" includes, but is not limited to, being
or serving as an owner, employee, partner, limited liability partner, shareholder, joint
venturer, family member, officer, or director of a design-build firm responding to an RFQ
or RFP for a specific project, or having any other economic interest in that design-build
firm. The members of the Technical Review Committee must be treated as state employees
in the event of litigation resulting from any action arising out of their service on the
committee. new text begin The commissioner shall create an audio recording of each meeting that is
scheduled or described in the RFP with a proposer.
new text end
Sec. 5.
Minnesota Statutes 2006, section 161.3420, subdivision 3, is amended to read:
Subd. 3.
Contents.
The commissioner shall prepare or have prepared an RFQ. The
RFQ must include the following:
(1) the minimum qualifications of design-builders necessary to meet the requirements
for acceptance;
(2) a scope of work statement and schedule;
(3) documents defining the project requirements;
(4) the form of contract to be awarded;
(5) the weighted selection criteria for compiling a short list and the number of firms
to be included in the short list, which must be at least two but not more than five;
(6) a description of the request for proposals (RFP) requirements;
(7) the maximum time allowed for design and construction;
(8) the commissioner's estimated cost of design and construction;
(9) requirements for construction experience, design experience, financial,
personnel, and equipment resources available from potential design-builders for the
project and experience in other design-build transportation projects or similar projects,
provided that these requirements may not unduly restrict competition; and
(10) a statement that "past performancenew text begin ,new text end " deleted text begin ordeleted text end "experiencenew text begin ,new text end "new text begin or other criteria used in the
RFQ evaluation process new text end does not include the exercise or assertion of a person's legal rights.
Sec. 6.
Minnesota Statutes 2006, section 161.3420, subdivision 4, is amended to read:
Subd. 4.
Evaluation.
The deleted text begin selection teamdeleted text end new text begin Technical Review Committee new text end shall
evaluate the design-build qualifications of responding firms and shall compile a short list
of no more than five most highly qualified firms in accordance with qualifications criteria
described in the request for qualifications (RFQ). If only one design-build firm responds
to the RFQ or remains on the short list, the commissioner may readvertise or cancel the
project as the commissioner deems necessary.
Sec. 7.
Minnesota Statutes 2006, section 161.3422, is amended to read:
161.3422 RFP FOR DESIGN-BUILD.
During phase two, the commissioner shall issue a request for proposals (RFP) to the
design-builders on the short list. The request must include:
(1) the scope of work, including (i) performance and technical requirements, (ii)
conceptual design, (iii) specifications, and (iv) functional and operational elements for
the delivery of the completed project, which must be prepared by a registered or licensed
professional engineer;
(2) a description of the qualifications required of the design-builder and the selection
criteria, including the weight deleted text begin or relative order, or both,deleted text end of each criterionnew text begin and subcriterionnew text end ;
(3) copies of the contract documents that the successful proposer will be expected to
sign;
(4) the maximum time allowable for design and construction;
(5) the road authority's estimated cost of design and construction;
(6) the requirement that a submitted proposal be segmented into two parts, a
technical proposal and a price proposal;
(7) the requirement that each proposal be in a separately sealed, clearly identified
package and include the date and time of the submittal deadline;
(8) the requirement that the technical proposal include a critical path method;
bar schedule of the work to be performed, or similar schematic; design plans and
specifications; technical reports; calculations; permit requirements; applicable
development fees; and other data requested in the RFP;
(9) the requirement that the price proposal contain all design, construction,
engineering, inspection, and construction costs of the proposed project;
(10) the date, time, and location of the public opening of the sealed price proposals;
deleted text begin and
deleted text end
(11) other information relevant to the projectnew text begin ; and
new text end
new text begin (12) a statement that "past performance," "experience," or other criteria used in the
RFP evaluation process does not include the exercise or assertion of a person's legal rightsnew text end .
Sec. 8.
Minnesota Statutes 2006, section 161.3426, subdivision 1, is amended to read:
Subdivision 1.
Award; computation; announcement.
Except as provided in
subdivision 2, a design-build contract shall be awarded as follows:
(a) The Technical Review Committee shall score the technical proposals using the
selection criteria in the request for proposals (RFP). The Technical Review Committee
shall then submit a technical proposal score for each design-builder to the commissioner.
The Technical Review Committee shall reject any deleted text begin proposal it deemsdeleted text end nonresponsivenew text begin
proposalnew text end .
(b) The commissioner shall announce the technical proposal score for each
design-builder and shall publicly open the sealed price proposals and shall divide each
design-builder's price by the technical score that the Technical Review Committee has
given to it to obtain an adjusted score. new text begin For a project with a value in excess of $10,000,000,
as stated in the RFP,new text end the design-builder selected must be that responsive and responsible
design-builder whose adjusted score is the lowestnew text begin score that does not exceed 120 percent
of the lowest price that is submitted by a responsive, responsible design-buildernew text end .
(c) If a time factor is included with the selection criteria in the RFP package, the
commissioner deleted text begin may also adjust the bids using adeleted text end new text begin shall include the new text end value of the time factor
established by the commissionernew text begin as a criterion within the RFPnew text end . deleted text begin The value of the time
factor must be expressed as a value per day. The adjustment must be based on the total
time value. The total time value is the design-builder's total number of days to complete
the project multiplied by the factor. The time-adjusted price is the total time value plus the
bid amount.deleted text end This new text begin time new text end adjustment new text begin to the bids new text end must be used for selection purposes only,
and must not affect the Department of Transportation's liquidated damages schedule or
incentive or disincentive program. deleted text begin An adjusted score must then be obtained by dividing
each design-builder's time-adjusted price by the score given by the technical review team.
The commissioner shall select the responsive and responsible design-builder whose
adjusted score is the lowest.
deleted text end
(d) Unless all proposals are rejected, the commissioner shall award the contract
to the responsive and responsible design-builder with the lowest adjusted score. The
commissioner shall reserve the right to reject all proposals.
new text begin
(e) The commissioner shall not limit the ability of design-builders that have
submitted proposals to protest a contemplated or actual award by the commissioner by,
among other things, unreasonably restricting the time to protest, restricting the right to
seek judicial review of the commissioner's actions, attempting to change the judicial
standard of review, or attempting to shift the commissioner's costs or damages from a
protest to a protestor. Before executing a contract for the project, the commissioner
shall wait at least seven days after all of the following have occurred: the award of the
project; public disclosure of the Technical Review Committee's scoring data; and public
identification of the successful proposal.
new text end
Sec. 9.
Minnesota Statutes 2006, section 161.3426, subdivision 3, is amended to read:
Subd. 3.
Stipulated fee.
The commissioner shall award a stipulated fee not less than
two-tenths of one percent of the department's estimated cost of design and construction
to each short-listed, responsible proposer who provides a responsive but unsuccessful
proposal. new text begin Any increases to the stipulated fee must be made only by the commissioner and
the reasons for those changes must be publicly announced at the time of the change. new text end If
the commissioner does not award a contract, all short-listed proposers must receive the
stipulated fee. If the commissioner cancels the contract before reviewing the technical
proposals, the commissioner shall award each design-builder on the short list a stipulated
fee of not less than two-tenths of one percent of the commissioner's estimated cost of
design and construction. The commissioner shall pay the stipulated fee to each proposer
within 90 days after the award of the contract or the decision not to award a contractnew text begin
without conditions other than those stated in this subdivisionnew text end . In consideration for paying
the stipulated fee, the commissioner may use any ideas or information contained in the
proposals in connection with any contract awarded for the project or in connection with a
subsequent procurement, without any obligation to pay any additional compensation to
the unsuccessful proposers. Notwithstanding the other provisions of this subdivision, an
unsuccessful short-list proposer may elect to waive the stipulated fee. If an unsuccessful
short-list proposer elects to waive the stipulated fee, the commissioner may not use
ideas and information contained in that proposer's proposal. Upon the request of the
commissioner, a proposer who waived a stipulated fee may withdraw the waiver, in which
case the commissioner shall pay the stipulated fee to the proposer and thereafter may use
ideas and information in the proposer's proposal.
Sec. 10.
Minnesota Statutes 2006, section 161.3426, subdivision 4, is amended to read:
Subd. 4.
Low-bid design-build process.
(a) The commissioner may also use
low-bid, design-build procedures to award a design-build contract where the scope of
the work can be clearly defined.
(b) Low-bid design-build projects may require a request for qualifications (RFQ)
and short-listing, and must require a request for proposals (RFP).
(c) Submitted proposals under this subdivision must include separately a technical
proposal and a price proposal. The low-bid, design-build procedures must follow a
two-step process for review of the responses to the RFP as follows:
(1) The first step is the review of the technical proposal by the Technical Review
Committee as provided in section 161.3420, subdivision 2. The Technical Review
Committee must open the technical proposal first and must determine if it complies with
the requirements of the RFP and is responsive. new text begin The Technical Review Committee shall
reject any nonresponsive proposal. new text end The Technical Review Committee may not perform
any ranking or scoring of the technical proposals.
(2) The second step is the determination of the low bidder based on the price
proposal. The commissioner may not open the price proposal until the review of the
technical proposal is complete.
(d) The contract award under low-bid, design-build procedures must be made to the
proposer whose sealed bid is responsive to the technical requirements deleted text begin as determined by
the Technical Review Committeedeleted text end and deleted text begin thatdeleted text end is also the lowest bid.
(e) A stipulated fee may be paid for unsuccessful bids on low-bid, design-build
projects only when the commissioner has required an RFQ and short-listed the most
highly qualified responsive bidders.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2006, section 162.02, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Insurance standards. new text end
new text begin
When reviewing data and information for the
development of safety improvements for trunk highways and state-aid projects, the
commissioner of transportation may consider, among other things, the Insurance Institute
for Highway Safety's findings in addition to standards contained in Department of
Transportation manuals, American Association of State Highway and Transportation
Officials manual on design of highways and streets, and other applicable federal
publications.
new text end
Sec. 12.
Minnesota Statutes 2006, section 163.051, subdivision 1, is amended to read:
Subdivision 1.
Tax authorized.
new text begin (a) Except as provided in paragraph (b), new text end the board
of commissioners of each metropolitan county is authorized to levy a wheelage tax of $5
for the year 1972 and each subsequent year thereafter by resolution on each motor vehicledeleted text begin ,
except motorcycles as defined in section 169.01, subdivision 4, whichdeleted text end new text begin that new text end is kept in such
county when not in operation and deleted text begin whichdeleted text end new text begin that new text end is subject to annual registration and taxation
under chapter 168. The board may provide by resolution for collection of the wheelage
tax by county officials or it may request that the tax be collected by the state registrar of
motor vehicles, and the state registrar of motor vehicles shall collect such tax on behalf
of the county if requested, as provided in subdivision 2.
new text begin
(b) The following vehicles are exempt from the wheelage tax:
new text end
new text begin
(1) motorcycles, as defined in section 169.01, subdivision 4;
new text end
new text begin
(2) motorized bicycles, as defined in section 169.01, subdivision 4a;
new text end
new text begin
(3) electric-assisted bicycles, as defined in section 169.01, subdivision 4b; and
new text end
new text begin
(4) motorized foot scooters, as defined in section 169.01, subdivision 4c.
new text end
Sec. 13.
Minnesota Statutes 2006, section 168.011, subdivision 7, is amended to read:
Subd. 7.
Passenger automobile.
(a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.
(b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126. new text begin Except as provided in
paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
pounds that is a pickup truck or a van is not a passenger automobile.
new text end
(c) "Passenger automobile" includes, but is not limited to:
(1) deleted text begin pickup trucks and vans, including those vans designed to carry passengers, with
deleted text end deleted text begin a manufacturer's nominal rated carrying capacity of one tondeleted text end new text begin a vehicle that is: (i) a pickup
truck or a van; (ii) not used in furtherance of a commercial enterprise; and (iii) not subject
to state or federal regulation as a commercial motor vehiclenew text end ; deleted text begin and
deleted text end
(2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91new text begin ; and
new text end
new text begin (3) medium-speed electric vehicles, as defined in section 169.01, subdivision 94new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) and paragraph (c), clause (1), are effective the
day following final enactment and apply to any additional tax for a registration period that
starts on or after March 1, 2011.
new text end
Sec. 14.
Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read:
Subd. 22.
Special mobile equipment.
new text begin (a) new text end "Special mobile equipment" means
every vehicle not designed or used deleted text begin primarilydeleted text end for the transportation of persons or property
and only incidentally operated or moved over a highway, deleted text begin includingdeleted text end new text begin except vehicles
described in paragraph (b). Special mobile equipment includes,new text end but new text begin isnew text end not limited to:
ditch-digging apparatuses, deleted text begin moving dollies,deleted text end pump hoists and other water well-drilling
equipment registered new text begin and licensed new text end under chapter 103I, deleted text begin street-sweeping vehicles, anddeleted text end
other new text begin road construction or road maintenance new text end machinery deleted text begin such as asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling
graders, finishing machines, motor graders, road rollers, scarifiersdeleted text end , truck-mounted log
loadersdeleted text begin , earth-moving carryalls, scrapers, power shovels, draglines, self-propelled cranes,
and earth-moving equipmentdeleted text end new text begin that are used exclusively for commercial logging, and
self-propelled cranesnew text end . deleted text begin The term
deleted text end
new text begin (b) "Special mobile equipment"new text end does not include deleted text begin travel trailers,deleted text end new text begin : (1) machinery that
has been temporarily or permanently mounted on a commercial motor vehicle chassis
that is used only to provide a service and is not able to haul goods for resale; or (2)new text end
dump trucksdeleted text begin , truck-mounted transit mixers, truck-mounted feed grinders, or other motor
vehicles designed for the transportation of persons or property to which machinery has
been attacheddeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any additional tax for a registration period that starts on or after March 1, 2009.
new text end
Sec. 15.
Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:
Subdivision 1.
Vehicles exempt from tax, fees, or plate display.
(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;
(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;
(3) vehicles used solely in driver education programs at nonpublic high schools;
(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;
(5)new text begin vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;new text end
new text begin (6) new text end ambulances owned by ambulance services licensed under section 144E.10, the
general appearance of which is unmistakable; and
deleted text begin (6)deleted text end new text begin (7) new text end vehicles owned by a commercial driving school licensed under section
171.34, or an employee of a commercial driving school licensed under section 171.34, and
the vehicle is used exclusively for driver education and training.
(b) Vehicles owned by the federal government, municipal fire apparatuses including
fire-suppression support vehicles, police patrols, and ambulances, the general appearance
of which is unmistakable, are not required to register or display number plates.
(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections, must be registered and must display appropriate license
number plates, furnished by the registrar at cost. Original and renewal applications for
these license plates authorized for use in general police work and for use by the Department
of Corrections must be accompanied by a certification signed by the appropriate chief of
police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
the commissioner of corrections if issued to a Department of Corrections vehicle, or the
appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
The certification must be on a form prescribed by the commissioner and state that the
vehicle will be used exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.
(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.
(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.
(g)new text begin Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.
new text end
new text begin
(h) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.
new text end
new text begin (i)new text end All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles
required to display tax-exempt number plates must have the name of the state department
or political subdivision, nonpublic high school operating a driver education program, deleted text begin ordeleted text end
licensed commercial driving school,new text begin or other qualifying organization or entity,new text end plainly
displayed on both sides of the vehicledeleted text begin ; except that each state hospital and institution for
persons who are mentally ill and developmentally disabled may have one vehicle without
the required identification on the sides of the vehicle, and county social service agencies
may have vehicles used for child and vulnerable adult protective services without the
required identification on the sides of the vehicledeleted text end . This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.
Sec. 16.
Minnesota Statutes 2006, section 168.012, is amended by adding a subdivision
to read:
new text begin Subd. 2c. new text end
new text begin Spotter trucks. new text end
new text begin
Spotter trucks, as defined in section 169.01, subdivision
7a, shall not be taxed as motor vehicles using the public streets and highways, and shall be
exempt from the provisions of this chapter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires June 30, 2013.
new text end
Sec. 17.
Minnesota Statutes 2006, section 168.013, is amended by adding a subdivision
to read:
new text begin Subd. 1l. new text end
new text begin Concrete pumps and street-sweeping vehicles. new text end
new text begin
The tax on
vehicle-mounted concrete pumps and street-sweeping vehicles that are not registered
under section 168.187 is 15 percent of the Minnesota base rate schedule. Vehicles
registered under this subdivision must display plates from a distinctive series.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any additional tax for a registration period that starts on or after March 1, 2009.
new text end
Sec. 18.
Minnesota Statutes 2006, section 168.021, subdivision 1, is amended to read:
Subdivision 1.
Disability plates; application.
(a) When a motor vehicle registered
under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated
capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle
is owned or primarily operated by a permanently physically disabled person or a custodial
parent or guardian of a permanently physically disabled minor, the owner may apply for
and secure from the commissioner (1) immediately, a temporary permit valid for 30 days
if the applicant is eligible for the disability plates issued under this sectionnew text begin ,new text end and (2) two
disability plates with attached emblems, one plate to be attached to the front, and one
to the rear of the motor vehicle.
(b) The commissioner shall not issue more than one set of plates to any owner of a
motor vehicle at the same time unless deleted text begin all motor vehicles have been specifically modified
deleted text end deleted text begin for and are used exclusively by a permanently physically disabled persondeleted text end new text begin the state council
on disability approves the issuance of a second set of plates to a motor vehicle ownernew text end .
(c) When the owner first applies for the disability plates, the owner must submit a
medical statement in a format approved by the commissioner under section 169.345, or
proof of physical disability provided for in that section.
(d) No medical statement or proof of disability is required when an owner of a motor
vehicle applies for plates for one or more motor vehicles that are specially modified for
and used exclusively by permanently physically disabled persons.
(e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit
valid for 30 days, if the applicant is eligible to receive the disability plates issued under
this section, and (ii) a set of disability plates for a motor vehicle if:
(1) the owner employs a permanently physically disabled person who would qualify
for disability plates under this section; and
(2) the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.
Sec. 19.
Minnesota Statutes 2006, section 168.021, subdivision 2, is amended to read:
Subd. 2.
Plate design; furnished by commissioner.
The commissioner shall design
and furnish two disability plates with attached emblems to deleted text begin eachdeleted text end new text begin annew text end eligible owner. The
emblem must bear the internationally accepted wheelchair symbol, as designated in
section 16B.61, subdivision 5, approximately three inches square. The emblem must
be large enough to be visible plainly from a distance of 50 feet. An applicant eligible
for disability plates shall pay the motor vehicle registration fee authorized by sections
168.013 and 168.09.
Sec. 20.
Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read:
Subd. 7.
Display of temporary permitdeleted text begin ; special platesdeleted text end .
(a) A vehicle that displays a
deleted text begin specialdeleted text end new text begin Minnesotanew text end plate issued under deleted text begin section 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or
2d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129,deleted text end new text begin chapter 168 new text end may display a
temporary permit in conjunction with expired registration if:
(1) the current registration tax and all other fees new text begin and taxes new text end have been paid in full; and
(2) the plate deleted text begin requires replacement under section 168.12, subdivision 1, paragraph
(d), clause (3)deleted text end new text begin has been applied fornew text end .
(b) A vehicle deleted text begin that is registered under section 168.10deleted text end may display a temporary permit
in conjunction with expired registration, with or without a registration plate, if:
(1) the plates have been applied for and the registration tax deleted text begin hasdeleted text end new text begin and other fees and
taxes havenew text end been paid in full, as provided for in section 168.10; and
(2) new text begin either new text end the vehicle is used solely as a collector vehicle while displaying the
temporary permit and not used for general transportation purposesnew text begin or the vehicle was
issued a 21-day permit under section 168.092, subdivision 1new text end .
(c) The permit is valid for a period of 60 days. The permit must be in a format
prescribed by the commissioner and whenever practicable must be posted upon the
driver's side of the rear window on the inside of the vehicle. The permit is valid only
for the vehicle for which it was issued to allow a reasonable time for the new plates to
be manufactured and delivered to the applicant. new text begin The permit may be issued only by the
commissioner or by a deputy registrar under section 168.33.
new text end
Sec. 21.
Minnesota Statutes 2006, section 168.123, subdivision 2, is amended to read:
Subd. 2.
Design.
The commissioner of veterans affairs shall design the emblem for
the veterans' special plates, subject to the approval of the commissioner, that satisfy the
following requirements:
(a) For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
in the active military service in a branch of the armed forces of the United States or a
nation or society allied with the United States the special plates must bear the inscription
"VIETNAM VET" and the letters "V" and "V" with the first letter directly above the
second letter and both letters just preceding the first numeral of the special plate number.
(b) For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
"PEARL HARBOR SURVIVOR" and the letters "P" and "H" with the first letter directly
above the second letter and both letters just preceding the first numeral of the special
plate number.
(c) For a veteran who served during World War I or World War II, the plates must
bear the inscription "WORLD WAR VET" and:
(1) for a World War I veteran, the characters "W" and "I" with the first character
directly above the second character and both characters just preceding the first numeral
of the special plate number; or
(2) for a World War II veteran, the characters "W" and "II" with the first character
directly above the second character and both characters just preceding the first numeral of
the special plate number.
(d) For a veteran who served during the Korean Conflict, the special plates must
bear the inscription "KOREAN VET" and the letters "K" and "V" with the first letter
directly above the second letter and both letters just preceding the first numeral of the
special plate number.
(e) For a combat wounded veteran who is a recipient of the purple heart medal, the
plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile deleted text begin ondeleted text end
new text begin or new text end an emblem of the official purple heart medal and the letters "C" over "W" with the
first letter directly over the second letter just preceding the first numeral of the special
plate number.
(f) For a Persian Gulf War veteran, the plates must bear the inscription "GULF
WAR VET" and the letters "G" and "W" with the first letter directly above the second
letter and both letters just preceding the first numeral of the special plate number. For
the purposes of this section, "Persian Gulf War veteran" means a person who served on
active duty after August 1, 1990, in a branch of the armed forces of the United States or
a nation or society allied with the United States or the United Nations during Operation
Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf
area combat zone as designated in United States Presidential Executive Order No. 12744,
dated January 21, 1991.
(g) For a veteran who served in the Laos War after July 1, 1961, and before July 1,
1978, the special plates must bear the inscription "LAOS WAR VET" and the letters "L"
and "V" with the first letter directly above the second letter and both letters just preceding
the first numeral of the special plate number.
(h) For a veteran who is the recipient of:
(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly below the special
plate number;
(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
below the special plate number; or
(3) the Global War on Terrorism Expeditionary Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the inscription "GWOT
VETERAN" directly below the special plate number.
(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "GWOT VETERAN" directly below the special plate number. In addition,
any member of the National Guard or other military reserves who has been ordered to
federally funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph, irrespective of
whether that person qualifies as a veteran under section 197.447.
new text begin
(j) For a veteran who is a recipient of the Bronze Star medal, the plates must bear
the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official
Bronze Star medal and the letters "B" over "S" with the first letter directly over the second
letter just preceding the first numeral of the special plate number.
new text end
new text begin
(k) For a veteran who is a recipient of the Silver Star medal, the plates must bear the
inscription "SILVER STAR VET" and have a facsimile or an emblem of the official Silver
Star medal and the letters "S" over "S" with the first letter directly over the second letter
just preceding the first numeral of the special plate number.
new text end
Sec. 22.
new text begin
[168.1295] MINNESOTA SESQUICENTENNIAL SPECIAL PLATES.
new text end
new text begin Subdivision 1. new text end
new text begin Issuance and design. new text end
new text begin
Notwithstanding section 168.1293, the
commissioner shall issue Minnesota sesquicentennial plates or one motorcycle plate to
an applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile, one-ton pickup truck,
motorcycle, or recreational vehicle;
new text end
new text begin
(2) pays a fee of $10 for each set of license plates;
new text end
new text begin
(3) contributes a minimum of $25 to the Minnesota Sesquicentennial Commission;
and
new text end
new text begin
(4) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end
new text begin Subd. 2. new text end
new text begin Novelty plates. new text end
new text begin
Notwithstanding subdivision 1, the commissioner may
issue distinctive Minnesota Sesquicentennial novelty plates for a fee of $5 for each plate,
and a minimum contribution of $25 to the Minnesota Sesquicentennial Commission.
new text end
new text begin Subd. 3. new text end
new text begin Design. new text end
new text begin
After consultation with the Minnesota Sesquicentennial
Commission, the commissioner shall design the special plate.
new text end
new text begin Subd. 4. new text end
new text begin Plates transfer. new text end
new text begin
On payment of a transfer fee of $5, plates issued under
subdivision 1 may be transferred to another passenger automobile, one-ton pickup truck,
motorcycle, or recreational vehicle registered to the individual to whom the special
plates were issued.
new text end
new text begin Subd. 5. new text end
new text begin Fees. new text end
new text begin
Fees collected under subdivision 1, clause (2), or under subdivision
2, are credited to the vehicle services operating account in the special revenue fund.
new text end
new text begin Subd. 6. new text end
new text begin Contributions. new text end
new text begin
Contributions collected under subdivision 1, clause (3), or
under subdivision 2, are credited to the sesquicentennial account, which is established
in the special revenue fund. Money in the account is appropriated to the Minnesota
Sesquicentennial Commission to be used in performance of the commission's powers
and duties. After the commission expires, money in the account is appropriated to the
Capitol Area Architectural and Planning Board for restoration and renovation of the
Capitol Building.
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. 23.
new text begin
[168.1299] AMERICAN RED CROSS SPECIAL PLATES.
new text end
new text begin Subdivision 1. new text end
new text begin Issuance and design. new text end
new text begin
Notwithstanding section 168.1293, the
commissioner shall issue American Red Cross plates or a single motorcycle plate to
an applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile, one-ton pickup truck,
motorcycle, or recreational vehicle;
new text end
new text begin
(2) pays a fee of $10 for each set of license plates;
new text end
new text begin
(3) contributes a minimum of $25 to the American Red Cross disaster preparedness
and relief account; and
new text end
new text begin
(4) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end
new text begin Subd. 2. new text end
new text begin Design. new text end
new text begin
After consultation with the Minnesota chapters of the American
Red Cross, the commissioner shall design the special plate.
new text end
new text begin Subd. 3. new text end
new text begin Plates transfer. new text end
new text begin
On payment of a transfer fee of $5, plates issued under this
section may be transferred to another passenger automobile registered to the individual
to whom the special plates were issued.
new text end
new text begin Subd. 4. new text end
new text begin Fees. new text end
new text begin
Fees collected under subdivision 1, clause (2), are credited to the
vehicle services operating account in the special revenue fund.
new text end
new text begin Subd. 5. new text end
new text begin Contributions. new text end
new text begin
Contributions collected under subdivision 1, clause (3),
are credited to the American Red Cross disaster preparedness and relief account, which
is established in the special revenue fund. Money in the account is appropriated to the
commissioner of public safety for a grant to the Minnesota chapters of the American Red
Cross to be used for disaster preparedness, education, and disaster response.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2006, section 168.185, is amended to read:
168.185 USDOT NUMBERS.
(a) new text begin Except as provided in paragraph (d), new text end an owner of a truck or truck-tractor having a
gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision
46, deleted text begin other than a farm truck that is not used in interstate commerce,deleted text end shall report to the
deleted text begin registrardeleted text end new text begin commissionernew text end at the time of registration its USDOT carrier number. A person
subject to this paragraph who does not have a USDOT number shall apply for the number
at the time of registration by completing a form MCS-150 Motor Carrier Identification
Report, issued by the Federal Motor Carrier Safety Administration, or comparable
document as determined by the deleted text begin registrardeleted text end new text begin commissionernew text end . The deleted text begin registrardeleted text end new text begin commissionernew text end shall
not assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.
(b) Assigned USDOT numbers need not be displayed on the outside of the
vehicle, but must be made available upon request of an authorized agent of the deleted text begin registrardeleted text end new text begin
commissionernew text end , peace officer, other employees of the State Patrol authorized in chapter
299D, or employees of the Minnesota Department of Transportation. The vehicle owner
shall notify the deleted text begin registrardeleted text end new text begin commissionernew text end if there is a change to the owner's USDOT number.
(c) If an owner fails to report or apply for a USDOT number, the deleted text begin registrardeleted text end new text begin
commissionernew text end shall suspend the owner's registration.
(d) deleted text begin Until October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural
fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer
or agricultural chemicals to a farmer for on-farm use.deleted text end new text begin This section does not apply to
(1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used
in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used
solely in the transaction of official business by the federal government, the state, or any
political subdivision.
new text end
Sec. 25.
Minnesota Statutes 2006, section 168.28, is amended to read:
168.28 VEHICLES SUBJECT TO TAX; EXCEPTIONS.
Every motor vehicle (except those exempted in section 168.012, and except those
which are being towed upon the streets deleted text begin and highwaysdeleted text end and which shall not be deemed to
be using the streets deleted text begin and highwaysdeleted text end within the meaning of this section) shall be deemed to
be one using the public streets deleted text begin and highwaysdeleted text end and hence as such subject to taxation under
this chapter if such motor vehicle has since April 23, 1921, used such public streets deleted text begin or
highwaysdeleted text end , or shall actually use them, or if it shall come into the possession of an owner
other than as a manufacturer, dealer, warehouse operator, mortgagee or pledgee. New and
unused motor vehicles in the possession of a dealer solely for the purpose of sale, and
used deleted text begin or secondhanddeleted text end motor vehicles which have not theretofore used the public streets deleted text begin or
highwaysdeleted text end of this state which are in the possession of a dealer solely for the purpose of sale
and which are duly listed as herein provided, shall not be deemed to be vehicles using the
public streets deleted text begin or highwaysdeleted text end . The driving or operating of a motor vehicle upon the public
streets deleted text begin or highwaysdeleted text end of this state by a motor vehicle dealer or any employee of such motor
vehicle dealer for demonstration purposes or for any purpose incident to the usual and
customary conduct and operation of the business in which licensed under section 168.27
to engage, or solely for the purpose of moving it from points outside or within the state
to the place of business or storage of a licensed dealer within the state or solely for the
purpose of moving it from the place of business of a manufacturer, or licensed dealer
within the state to the place of business or residence of a purchaser outside the state, shall
not be deemed to be using the public streets deleted text begin or highwaysdeleted text end in the state within the meaning
of this chapter or of the Constitution of the state of Minnesota, article XIV, and shall not
be held to make the motor vehicle subject to taxation under this chapter as one using the
public streets deleted text begin or highwaysdeleted text end , if during such driving or moving the dealer's plates herein
provided for shall be duly displayed upon such vehicle. Any dealer or distributor may
register a motor vehicle prior to its assessment or taxation as personal property, and pay
the license fee and tax thereon for the full calendar year as one using the public streets deleted text begin and
highwaysdeleted text end , and thereafter such vehicle shall be deemed to be one using the public streets
deleted text begin and highwaysdeleted text end and shall not be subject to assessment or taxation as personal property
during the calendar year for which it is so registered, whether or not such vehicle shall
actually have used the streets deleted text begin or highwaysdeleted text end .new text begin Special mobile equipment is subject to a
penalty equal to the tax due under this chapter for the full registration year if it is used to
transport persons or property at any time using the public streets.new text end
Sec. 26.
Minnesota Statutes 2006, section 168A.01, subdivision 21, is amended to read:
Subd. 21.
Special mobile equipment.
"Special mobile equipment" deleted text begin means every
vehicle not designed or used primarily for the transportation of persons or property
and only incidentally operated or moved over a highway, including but not limited to:
ditch-digging apparatuses, well-boring apparatuses, moving dollies, sawing machines,
corn shellers, and road construction and maintenance machinery such as asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling
graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls
and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving
equipment. The term does not include travel trailers, dump trucks, truck-mounted transit
mixers, truck-mounted feed grinders, or other vehicles designed for the transportation
of persons or property to which machinery has been attacheddeleted text end new text begin has the meaning given it
in section 168.011new text end .
Sec. 27.
Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:
Subdivision 1.
No certificate issued.
The registrar shall not issue a certificate of
title for:
(1) a vehicle owned by the United States;
(2) a vehicle owned by a nonresident and not required by law to be registered in
this state;
(3) a vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective certificate of title
has been issued in another state;
(4) a vehicle moved solely by animal power;
(5) an implement of husbandry;
(6) special mobile equipment;
(7) a self-propelled wheelchair or invalid tricycle;
(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
holds an interest in the trailer or a certificate of title was previously issued by this state or
any other state or (ii) designed primarily for agricultural purposes except a recreational
vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;
(9) a snowmobilenew text begin ; and
new text end
new text begin (10) a spotter truck, as defined in section 169.01, subdivision 7anew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires June 30, 2013.
new text end
Sec. 28.
Minnesota Statutes 2006, section 168A.05, subdivision 9, is amended to read:
Subd. 9.
Neighborhood electric vehiclenew text begin and medium-speed electric vehiclesnew text end ;
certificate required.
Neighborhood electric vehiclesnew text begin and medium-speed electric vehiclesnew text end ,
as defined in section 169.01, deleted text begin subdivisiondeleted text end new text begin subdivisions new text end 91new text begin and 94new text end , must be titled as
specified in section 168A.02. The department shall not issue a title for a neighborhood
electric vehiclenew text begin or a medium-speed electric vehiclenew text end (1) that lacks a vehicle identification
number, and (2) for which a manufacturer's certificate of origin clearly labeling the
vehicle as a neighborhood electric vehicle or similar designation has not been issued. The
department shall not issue a vehicle identification number to a homemade neighborhood
electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not qualify as
neighborhood electric vehicles.
Sec. 29.
Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:
Subd. 2.
Sale after 45 daysnew text begin or title transfernew text end .
deleted text begin Andeleted text end new text begin (a) If an unauthorized vehicle is
impounded, other than by the city of Minneapolis or the city of St. Paul, the new text end impounded
vehicle is eligible for disposal or sale under section 168B.08, new text begin the earlier of:
new text end
new text begin (1) new text end 45 days after notice to the ownerdeleted text begin , if the vehicle is determined to be an
unauthorized vehicle that was not impounded by the city of Minneapolis or the city of
St. Pauldeleted text end new text begin ; or
new text end
new text begin (2) the date of a voluntary written title transfer by the registered owner to the
impound lot operatornew text end .
new text begin
(b) A voluntary written title transfer constitutes a waiver by the registered owner of
any right, title, and interest in the vehicle.
new text end
Sec. 30.
Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Contents;deleted text end new text begin Waiver of right to reclaim vehicle; written new text end notice deleted text begin given
within five daysdeleted text end new text begin of impoundnew text end .
new text begin (a) new text end When an impounded vehicle is taken into custody, the
unit of government or impound lot operator taking it into custody shall give new text begin written new text end notice
of the taking within five daysnew text begin to the registered vehicle owner and any lienholders. The
failure of the registered owner or lienholders to exercise the right to reclaim the vehicle
before the expiration of the waiting periods provided under section 168B.051 constitutes a
waiver of all right, title, and interest in the vehicle and a consent to the transfer of title to,
and disposal or sale of, the vehicle under section 168B.08. The failure of the registered
owner to exercise the right provided under section 168B.07, subdivision 3, constitutes a
waiver of all right, title, and interest in the contents and a consent to the transfer of title to,
and disposal or sale of, the contents under section 168B.08new text end .
new text begin (b) new text end The notice deleted text begin shalldeleted text end new text begin must:
new text end
(1) set forth the date and place of the takingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2) provide new text end the year, make, modelnew text begin ,new text end and serial number of the impounded motor
vehiclenew text begin ,new text end if such information can be reasonably obtainednew text begin ,new text end and the place where the vehicle
is being helddeleted text begin ,deleted text end new text begin ;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end inform the owner and any lienholders of their right to reclaim the vehicle
under section 168B.07deleted text begin , anddeleted text end new text begin ;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end state that failure of the owner or lienholders tonew text begin :
new text end
new text begin (i) new text end exercise their right to reclaim the vehicle deleted text begin and contentsdeleted text end within the appropriate time
allowed under section 168B.051, subdivision 1, 1a, or 2, deleted text begin shall be deemeddeleted text end new text begin and under the
conditions set forth in section 168B.07, subdivision 1, constitutes new text end a waiver by them of all
right, title, and interest in the vehicle deleted text begin and contentsdeleted text end and a consent to the transfer of title to
and disposal or sale of the vehicle deleted text begin and contentsdeleted text end pursuant to section 168B.08new text begin ; or
new text end
new text begin
(ii) exercise their right to reclaim the contents of the vehicle within the appropriate
time allowed and under the conditions set forth in section 168B.07, subdivision 3,
constitutes a waiver by them of all right, title, and interest in the contents and consent to
sell or dispose of the contents under section 168B.08; and
new text end
new text begin (5) new text end new text begin state that a vehicle owner who provides to the impound lot operator
documentation from a government or nonprofit agency or legal aid office that the owner
is homeless, receives relief based on need, is eligible for legal aid services, or has a
household income at or below 50 percent of state median income has the unencumbered
right to retrieve any and all contents without chargenew text end .
Sec. 31.
Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:
Subd. 3.
Unauthorized vehicle; new text begin second new text end notice.
If an unauthorized vehicle remains
unclaimed after 30 days from the date the notice was sent under subdivision 2, a second
notice deleted text begin shalldeleted text end new text begin must new text end be sent by certified mail, return receipt requested, to the registered owner,
if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.
Sec. 32.
Minnesota Statutes 2006, section 168B.07, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Retrieval of contents. new text end
new text begin
(a) For purposes of this subdivision:
new text end
new text begin
(1) "contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile accessories,
including audio or video players; and
new text end
new text begin
(2) "relief based on need" includes, but is not limited to, receipt of MFIP
and Diversionary Work Program, medical assistance, general assistance, general
assistance medical care, emergency general assistance, Minnesota supplemental aid,
MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota
working family tax credit.
new text end
new text begin
(b) A unit of government or impound lot operator shall establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
new text end
new text begin
(c) At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner who provides documentation from a government or
nonprofit agency or legal aid office that the registered owner is homeless, receives relief
based on need, is eligible for legal aid services, or has a household income at or below 50
percent of state median income has the unencumbered right to retrieve any and all contents
without charge and regardless of whether the registered owner pays incurred charges or
fees, transfers title, or reclaims the vehicle.
new text end
new text begin
(d) At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner other than a registered owner described in paragraph (c)
has the unencumbered right to retrieve the following contents: medicine; medical-related
items and equipment; clothing; eyeglasses; educational materials; and legal documents,
including, but not limited to, a driver's license, identification, passports, insurance
documents, any other documents related to a pending or concluded judicial or
administrative proceeding, tax returns, and documents indicating receipt of or eligibility
for public benefit programs. This provision does not prohibit the return of other contents
at the discretion of the impound lot operator.
new text end
new text begin
(e) An impound lot operator is not required to return any contents to a person who is
not the registered owner of the impounded vehicle, other than legal documents. Legal
documents include, but are not limited to, driver's license, identification, passports,
insurance documents, any other documents related to a pending or concluded judicial or
administrative proceeding, and tax returns. An impound lot operator is not required to
return any contents to a person who is not the registered owner after the expiration of
the waiting periods provided in section 168B.051, or if the registered owner voluntarily
transfers title to the impound lot operator under section 168B.051, subdivision 2.
new text end
Sec. 33.
Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:
Subdivision 1.
Auction or sale.
(a) If an abandoned or unauthorized vehicle deleted text begin and
contentsdeleted text end taken into custody by a unit of government or any impound lot is not reclaimed
under section 168B.07, new text begin subdivision 1, new text end it may be disposed of or sold at auction or sale when
eligible pursuant to sections 168B.06 and 168B.07. new text begin If the contents of an abandoned or
unauthorized vehicle taken into custody by a unit of government or any impound lot are
not reclaimed under section 168B.07, subdivision 3, they may be disposed of or sold at
auction or sale when eligible pursuant to sections 168B.06 and 168B.07.
new text end
(b) The purchaser shall be given a receipt in a form prescribed by the registrar of
motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall
also entitle the purchaser to register the vehicle and receive a certificate of title, free and
clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate
of title it must receive a motor vehicle safety check.
Sec. 34.
Minnesota Statutes 2006, section 168B.087, subdivision 1, is amended to read:
Subdivision 1.
Deficiency claim.
(a) The deleted text begin nonpublicdeleted text end impound lot operator has a
deficiency claim against the registered owner of the vehicle for the reasonable costs of
services provided in the towing, storage, and inspection of the vehicle minus the proceeds
of the sale or auctionnew text begin , except as provided in paragraph (c)new text end .
(b) The claim for storage costs may not exceed the costs of:
(1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; deleted text begin and
deleted text end
(2) new text begin 15 days storage, for a vehicle described in section 168B.051, subdivision 1a; and
new text end
new text begin (3) new text end 55 days storage, for a vehicle described in section 168B.051, subdivision 2.
new text begin
(c) A public impound lot operator is prohibited from:
new text end
new text begin
(1) filing a deficiency claim against a registered owner whom the operator knows:
new text end
new text begin
(i) is homeless;
new text end
new text begin
(ii) receives relief based on need, as defined in section 168B.07; or
new text end
new text begin
(iii) has a household income at or below 50 percent of state median income; or
new text end
new text begin
(2) recovering a deficiency from a registered owner who demonstrates that the
owner, at the time the deficiency claim was filed:
new text end
new text begin
(i) was homeless;
new text end
new text begin
(ii) received relief based on need, as defined in section 168B.07; or
new text end
new text begin
(iii) had a household income at or below 50 percent of state median income.
new text end
Sec. 35.
Minnesota Statutes 2006, section 168D.06, is amended to read:
168D.06 FUEL LICENSE FEES.
License fees paid to the commissioner under the International Fuel Tax Agreement
must be deposited in the deleted text begin highway user tax distribution funddeleted text end new text begin vehicle services operating
account in the special revenue fund under section 299A.705new text end . The commissioner shall
charge an annual fuel license fee of $15, and an annual application filing fee of $13 for
quarterly reporting of fuel tax.
Sec. 36.
Minnesota Statutes 2006, section 168D.07, is amended to read:
168D.07 FUEL DECAL FEE.
The commissioner shall issue a decal or other identification to indicate compliance
with the International Fuel Tax Agreement. The commissioner shall establish a charge to
cover the cost of issuing the decal or other identification according to section 16A.1285,
subdivision 4a. Decal or other identification charges paid to the commissioner under this
subdivision must be deposited in the deleted text begin highway user tax distribution funddeleted text end new text begin vehicle services
operating account in the special revenue fund under section 299A.705new text end .
Sec. 37.
Minnesota Statutes 2006, section 169.01, subdivision 6, is amended to read:
Subd. 6.
School bus.
"School bus" means a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities, by
the school or a school district, or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, deleted text begin a multifunction school activity bus
as defined by federal motor vehicle safety standards,deleted text end or a vehicle otherwise qualifying
as a type III vehicle under paragraph deleted text begin (5)deleted text end new text begin (6)new text end , when the vehicle is properly registered and
insured and being driven by an employee or agent of a school district for nonscheduled or
nonregular transportation. A school busnew text begin , including a multifunctional school activity bus,new text end
may be type A, type B, type C, or type D, or type III as follows:
(1) A "type A school bus" is a deleted text begin vandeleted text end conversion deleted text begin ordeleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels.deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000deleted text end new text begin 14,500new text end poundsnew text begin or lessnew text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000deleted text end new text begin 14,500new text end poundsnew text begin and less than or equal to 21,500 poundsnew text end .
(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.
(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels.new text begin A type C school bus also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end
(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.
(5) new text begin A "multifunctional school activity bus" is a school bus that is in conformance
with the federal motor vehicle safety standards, Code of Federal Regulations, title
49, sections 571.3 (definitions), 571.108 (lamps, reflective devices, and associated
equipment), and 571.131 (school bus pedestrian safety devices) and may be painted any
color notwithstanding any law to the contrary, but does not include vehicles classified as
type III school buses according to paragraph (6).
new text end
new text begin (6) new text end Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
Sec. 38.
Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Spotter truck. new text end
new text begin
"Spotter truck" means a truck-tractor with a manufacturer's
certification of origin "not for on-road use" specification, used exclusively for staging or
shuttling trailers in the course of a truck freight operation or freight shipping operation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires on June 30, 2013.
new text end
Sec. 39.
Minnesota Statutes 2006, section 169.01, subdivision 31, is amended to read:
Subd. 31.
Roadway.
"Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.new text begin
During periods when the commissioner allows the use of dynamic shoulder lanes as
defined in subdivision 93, roadway includes that shoulder.new text end In the event a highway includes
two or more separate roadways, the term "roadway" as used herein shall refer to any such
roadway separately but not to all such roadways collectively.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 40.
Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:
Subd. 55.
Implement of husbandry.
"Implement of husbandry" deleted text begin has the meaning
given in section 168A.01, subdivision 8deleted text end new text begin means a self-propelled or towed vehicle designed
or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or
livestock-raising operationsnew text end .
Sec. 41.
Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:
Subd. 76.
Hazardous materials.
"Hazardous materials" means deleted text begin those materials
found to be hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicledeleted text end new text begin any material that has been designated as hazardous
under United States Code, title 49, section 5103, and is requirednew text end to be placarded under
Code of Federal Regulations, title 49, deleted text begin parts 100-185deleted text end new text begin part 172, subpart F, or any quantity of
a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73new text end .
Sec. 42.
Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:
new text begin Subd. 93. new text end
new text begin Dynamic shoulder lane. new text end
new text begin
"Dynamic shoulder lane" means the shoulder
of a freeway on which the commissioner may allow the operation of vehicles during
certain periods.
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. 43.
Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:
new text begin Subd. 94. new text end
new text begin Medium-speed electric vehicle. new text end
new text begin
"Medium-speed electric vehicle"
means an electrically powered four-wheeled motor vehicle, equipped with a roll cage
or crushproof body design, that can attain a maximum speed of 35 miles per hour on a
paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase
of 40 inches or greater and a wheel diameter of ten inches or greater, and except with
respect to maximum speed, otherwise meets or exceeds regulations in the Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
new text end
Sec. 44.
Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read:
Subd. 5.
Driving left of roadway center; exception.
(a) No vehicle shall be driven
to the left side of the center of the roadway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to
be completely made without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the right-hand side of the roadway before coming within 100 feet
of any vehicle approaching from the opposite direction.
(b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
in overtaking and passing another vehicle or at any other time, be driven to the left half of
the roadway under the following conditions:
(1) when approaching the crest of a grade or upon a curve in the highway where the
driver's view along the highway is obstructed within a distance of 700 feet;
(2) when approaching within 100 feet of any underpass or tunnel, railroad grade
crossing, intersection within a city, or intersection outside of a city if the presence of the
intersection is marked by warning signs; or
(3) where official signs are in place prohibiting passing, or a distinctive centerline
is marked, which distinctive line also so prohibits passing, as declared in the Manual on
Uniform Traffic Control Devices adopted by the commissioner.
deleted text begin
(c) Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying
vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2)
does not extend into the left half of the roadway to any greater extent than made necessary
by the total width of the right half of the roadway together with any adjacent shoulder
that is suitable for travel.
deleted text end
deleted text begin
(d) Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that is operated to the left half of the roadway if such operation is not to a
greater extent than is necessary to avoid collision with a parked vehicle, sign, or other
stationary object located on the highway right-of-way.
deleted text end
Sec. 45.
Minnesota Statutes 2006, section 169.21, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Driver education curriculum. new text end
new text begin
The class D curriculum, in addition to
driver education classroom curriculum prescribed in rules of statutes for class D motor
vehicles, must include instruction on the duties of a driver when encountering a bicycle,
other nonmotorized vehicles, or a pedestrian.
new text end
Sec. 46.
Minnesota Statutes 2006, section 169.224, is amended to read:
169.224 NEIGHBORHOOD new text begin AND MEDIUM-SPEED new text end ELECTRIC VEHICLES.
Subdivision 1.
Definition.
For purposes of this section, "road authority" means the
commissioner, as to trunk highways; the county board, as to county state-aid highways
and county highways; the town board, as to town roads; and the governing body of
a city, as to city streets.
Subd. 2.
Required equipment.
Notwithstanding any other law, a neighborhood
electric vehicle new text begin or a medium-speed electric vehicle new text end may be operated on public streets and
highways if it meets all equipment and vehicle safety requirements in Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
Subd. 3.
Operation.
A neighborhood electric vehicle new text begin or a medium-speed electric
vehicle new text end may not be operated on a street or highway with a speed limit greater than 35 miles
per hour, except to make a direct crossing of that street or highway.
Subd. 4.
Restrictions and prohibitions.
(a) A road authority, including the
commissioner of transportation by order, may prohibit or further restrict the operation
of neighborhood electric vehicles new text begin and medium-speed electric vehicles new text end on any street or
highway under the road authority's jurisdiction.
(b) new text begin Neither new text end a neighborhood electric vehicle new text begin nor a medium-speed electric vehicle new text end may
deleted text begin notdeleted text end be used to take any examination to demonstrate ability to exercise control in the
operation of a motor vehicle as required under section 171.13.
Sec. 47.
new text begin
[169.228] SPOTTER TRUCKS.
new text end
new text begin
Notwithstanding any other law, a spotter truck may be operated on public streets
and highways if:
new text end
new text begin
(1) the operator has the appropriate class of driver's license;
new text end
new text begin
(2) the vehicle complies with the size, weight, and load restrictions under this
chapter;
new text end
new text begin
(3) the vehicle meets all inspection requirements under section 169.781; and
new text end
new text begin
(4) the vehicle is operated within a zone of two air miles from the truck freight
operation or freight shipping operation where the vehicle is housed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires June 30, 2013.
new text end
Sec. 48.
Minnesota Statutes 2006, section 169.306, is amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) The commissioner of transportation may permit the use by transit buses and
metro mobility buses of a shoulder of a freeway or expressway, as defined in section
160.02, in the seven-county metropolitan area.
(b) If the commissioner permits the use of a freeway or expressway shoulder by
transit buses, the commissioner shall also permit the use on that shoulder of a bus with a
seating capacity of 40 passengers or more operated by a motor carrier of passengers, as
defined in section 221.011, subdivision 48, while operating in intrastate commerce.
(c) Buses authorized to use the shoulder under this section may be operated on the
shoulder only when main line traffic speeds are less than 35 miles per hour. Drivers of
buses being operated on the shoulder may not exceed the speed of main line traffic by
more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
being operated on the shoulder must yield to merging, entering, and exiting traffic and
must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
registered with the Department of Transportation.
(d) For the purposes of this section, the term "metro mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:
(1) operated by the Metropolitan Council, or operated by a public or private entity
receiving financial assistance from the Metropolitan Council; and
(2) authorized by the council to use freeway or expressway shoulders.
new text begin
(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
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. 49.
Minnesota Statutes 2006, section 169.346, subdivision 5, is amended to read:
Subd. 5.
Local ordinance; long-term parking.
A statutory or home rule charter
city may enact an ordinance establishing a permit program for long-term new text begin disability
new text end parking.new text begin If a city enacts the ordinance, a permit program for long-term disability parking
must establish as a minimum:
new text end
new text begin
(1) a limitation on disability parking of a maximum of four hours during the hours of
enforcement, on one-hour, 90-minute, and two-hour parking meters;
new text end
new text begin
(2) a requirement for city parking lots and ramps to provide a 50 percent discount
on monthly fees for contracted parkers with disabilities or a 50 percent reduction in the
hourly rate for persons with disabilities, with appropriate vehicle identification, who park
in designated disability parking spaces; and
new text end
new text begin
(3) issuance of a special needs permit to an employed person with severe disability
for an all-day, on-street parking permit that will accommodate the person's access needs.
new text end
Sec. 50.
Minnesota Statutes 2006, section 169.435, is amended to read:
169.435 deleted text begin STATE SCHOOL BUS SAFETY ADMINISTRATIONdeleted text end new text begin OFFICE OF
PUPIL TRANSPORTATION SAFETYnew text end .
Subdivision 1.
Responsibility; Department of Public Safety.
The Department of
Public Safety has the primary responsibility for school transportation safety. The new text begin Office of
Pupil Transportation Safety is created as a section under the Division of State Patrol. The
new text end commissioner deleted text begin or the commissioner's designeedeleted text end shall deleted text begin serve as statedeleted text end new text begin designate a new text end director of
pupil transportation deleted text begin according to subdivision 3deleted text end .
Subd. 3.
Pupil transportation safety director.
deleted text begin
(a) The commissioner of public
safety or the commissioner's designee shall serve as pupil transportation safety director.
deleted text end
deleted text begin (b)deleted text end The duties of the pupil transportation safety director deleted text begin shalldeleted text end include:
(1) overseeing all department activities related to school bus safety;
(2) assisting in the development, interpretation, and implementation of laws and
policies relating to school bus safety;
(3) supervising preparation of the School Bus Inspection Manual; deleted text begin and
deleted text end
(4) in conjunction with the Department of Education, assisting school districts in
developing and implementing comprehensive transportation policiesnew text begin ;
new text end
new text begin
(5) developing and maintaining a consistent record-keeping system to document
school bus inspections, out-of-service school transportation vehicles, and driver files; and
new text end
new text begin (6) conducting periodic audits of selected school districts to determine compliance
with statutory requirements concerning: (i) school bus driver employee background and
license checks; and (ii) duty to report violations to the commissioner of public safety.
Audit results must be documented and retained by the Office of Pupil Transportation
Safety, and any statutory violations documented in the audit must be reported to the
commissioners of public safety and educationnew text end .
new text begin Subd. 4. new text end
new text begin Staff. new text end
new text begin
In addition to the pupil transportation safety director, who must be a
state trooper, the Office of Pupil Transportation Safety must be staffed by a minimum of:
new text end
new text begin
(1) three state troopers, each of whom must be assigned to the metropolitan area,
northern Minnesota, or southern Minnesota; and
new text end
new text begin
(2) 15 school bus vehicle inspectors, one of whom must be designated chief
inspector. The school bus vehicle inspectors shall perform annual and spot inspections
of school buses and Head Start buses as required by law.
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. 51.
Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is
amended to read:
Subd. 9.
Personal cellular phone call prohibition.
new text begin
(a) As used in this subdivision,
"school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term
includes type III school buses as described in section 169.01, subdivision 6, clause (5),
when driven by employees or agents of school districts.
new text end
new text begin (b) new text end A school bus driver may not operate a school bus while communicating over, or
otherwise operating, a cellular phone for personal reasons, whether hand-held or hands
free, when the vehicle is in motion.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end
Sec. 52.
Minnesota Statutes 2006, section 169.446, subdivision 2, is amended to read:
Subd. 2.
Driver training programs.
The commissioner of public safety shall
adopt rules requiring new text begin a minimum of 30 minutes of new text end thorough instruction concerning
section 169.444 for persons enrolled in driver training programs offered at new text begin public, new text end private
and parochial schoolsnew text begin ,new text end and commercial driver training schools. The instruction must
encompass at least the responsibilities of drivers, the content and requirements of section
169.444, and the penalties for violating that section.
Sec. 53.
Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:
Subd. 3.
Trailer, semitrailer.
(a) No trailer or semitrailer with a gross new text begin vehiclenew text end
weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the
towing vehicle, may be drawn on a highway unless it is equipped with brakes that are
adequate to control the movement of and to stop and hold the trailer or semitrailer. A
surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes
adequate to stop and hold the trailer or semitrailer.
(b) No trailer or semitrailer deleted text begin that is required to have brakes and that hasdeleted text end new text begin withnew text end a gross
new text begin vehiclenew text end weight of more than deleted text begin 6,000deleted text end new text begin 3,000new text end pounds may be drawn on a highway unless it is
equipped with brakes that are so constructed that they are adequate to stop and hold the
trailer or semitrailer whenever it becomes detached from the towing vehicle.
(c) Except as provided in paragraph (d), paragraph (a) does not apply to:
(1) deleted text begin a trailer used by a farmer while transporting farm products produced on the user's
farm, or supplies back to the farm of the trailer's user;
deleted text end
deleted text begin (2)deleted text end a towed custom service vehicle drawn by a motor vehicle that is equipped with
brakes that meet the standards of subdivision 5, provided that such a towed custom service
vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
than 45 miles per hour;
deleted text begin
(3) a trailer or semitrailer operated or used by retail dealers of implements of
husbandry while engaged exclusively in the delivery of implements of husbandry;
deleted text end
deleted text begin (4)deleted text end new text begin (2)new text end a motor vehicle drawn by another motor vehicle that is equipped with brakes
that meet the standards of subdivision 5;new text begin and
new text end
deleted text begin
(5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor
of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous
fertilizer under pressure;
deleted text end
deleted text begin
(6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of
dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and
deleted text end
deleted text begin (7)deleted text end new text begin (3)new text end a disabled vehicle while being towed to a place of repair.
(d) Vehicles described in paragraph (c), deleted text begin clauses (1), (3), and (4)deleted text end new text begin clause (2)new text end , may be
operated without complying with paragraph (a) only if the trailer or semitrailer does
not exceed the following gross weights:
(1) 3,000 pounds while being drawn by a vehicle registered as a passenger
automobile, other than a pickup truck as defined in section 168.011, subdivision 29;
(2) 12,000 pounds while being drawn by any other motor vehicle deleted text begin except a
self-propelled implement of husbandrydeleted text end .
Sec. 54.
Minnesota Statutes 2006, section 169.685, subdivision 5, is amended to read:
Subd. 5.
Violation; petty misdemeanor.
(a) Every motor vehicle operator, when
transporting a child under the age of deleted text begin fourdeleted text end new text begin eight new text end on the streets and highways of this state
in a motor vehicle equipped with factory-installed seat belts, shall equip and install for
use in the motor vehicle, according to the manufacturer's instructions, a child passenger
restraint system meeting federal motor vehicle safety standards.
(b) No motor vehicle operator who is operating a motor vehicle on the streets and
highways of this state may transport a child under the age of deleted text begin fourdeleted text end new text begin eight new text end in a seat of a motor
vehicle equipped with a factory-installed seat belt, unless the child is properly fastened
in the child passenger restraint system. Any motor vehicle operator who violates this
subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not
more than $50. The fine deleted text begin maydeleted text end new text begin mustnew text end be waived deleted text begin or the amount reduceddeleted text end if the motor vehicle
operator produces evidence that within 14 days after the date of the violation a child
passenger restraint system meeting federal motor vehicle safety standards was purchased
or obtained for the exclusive use of the operator.
(c) The fines collected for violations of this subdivision must be deposited in the
state treasury and credited to a special account to be known as the Minnesota child
passenger restraint and education account.
Sec. 55.
Minnesota Statutes 2006, section 169.685, subdivision 6, is amended to read:
Subd. 6.
Exceptions.
(a) This section does not apply to:
(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available; new text begin and
new text end
(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituteddeleted text begin ; and
deleted text end
deleted text begin (3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicledeleted text end .
(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.
(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.
Sec. 56.
Minnesota Statutes 2006, section 169.686, subdivision 1, is amended to read:
Subdivision 1.
Seat belt requirement.
(a) new text begin Except as provided in section 169.685,new text end a
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn bydeleted text begin :
deleted text end
deleted text begin (1)deleted text end the driver new text begin and passengers new text end of a passenger vehicle deleted text begin ordeleted text end new text begin ,new text end commercial motor vehiclenew text begin ,
commuter van, as defined in section 168.126, a type III school bus, a type III Head
Start bus, and a vehicle with a gross vehicle weight rating less than 10,000 pounds that
is a pickup truck or vannew text end deleted text begin ;
deleted text end
deleted text begin
(2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end
deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of agedeleted text end .
(b) new text begin Except as provided in section 169.685,new text end a person who is 15 years of age or older
and who violates paragraph (a)deleted text begin , clause (1) or (2),deleted text end is subject to a fine of $25. The driver
of the deleted text begin passenger vehicle or commercial motordeleted text end vehicle in which the violation occurred is
subject to a $25 fine for deleted text begin adeleted text end new text begin eachnew text end violation of paragraph (a)deleted text begin , clause (2) or (3),deleted text end by new text begin the driver or
by new text end a deleted text begin child of the driverdeleted text end new text begin passenger new text end under the age of 15 deleted text begin or any child under the age of 11.
A peace officer may not issue a citation for a violation of this section unless the officer
lawfully stopped or detained the driver of the motor vehicle for a moving violation other
than a violation involving motor vehicle equipmentdeleted text end new text begin , but the court may not impose more
than one surcharge under section 357.021, subdivision 6, on the drivernew text end . The Department of
Public Safety shall not record a violation of this subdivision on a person's driving record.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 9, 2008, and applies to acts
committed on or after that date.
new text end
Sec. 57.
Minnesota Statutes 2006, section 169.686, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "Pickup truck" means any truck regardless of manufacturer's nominal rated
carrying capacity and commonly known as a pickup truck.
new text end
new text begin
(2) "Van" means any vehicle of a box-like design with no barrier or separation
between the operator's area and the remainder of the cargo-carrying area, or designed to
carry 15 passengers or less, including the driver, regardless of the manufacturer's nominal
rated carrying capacity.
new text end
Sec. 58.
Minnesota Statutes 2006, section 169.686, subdivision 2, is amended to read:
Subd. 2.
Seat belt exemptions.
This section shall not apply to:
(1) a person driving a passenger vehicle in reverse;
(2) a person riding in a deleted text begin seatdeleted text end new text begin vehicle new text end in which all the seating positions equipped with
safety belts are occupied by other personsnew text begin in safety beltsnew text end ;
(3) a person who is in possession of a written certificate from a licensed physician
verifying that because of medical unfitness or physical disability the person is unable
to wear a seat belt;
(4) a person who is actually engaged in work that requires the person to alight from
and reenter a motor vehicle at frequent intervals and who, while engaged in that work,
does not drive or travel in that vehicle at a speed exceeding 25 miles per hour;
(5) a rural mail carrier of the United States Postal Service while in the performance
of duties;
(6) a person driving or riding in a passenger vehicle manufactured before January 1,
1965; and
(7) a person driving or riding in a pickup truck, as defined in section 168.011,
subdivision 29, while engaged in normal farming work or activity.
Sec. 59.
Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 169.781 to 169.783:
(a) "Commercial motor vehicle" means:
(1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); deleted text begin anddeleted text end
(2) each vehicle in a combination of more than 26,000 poundsnew text begin ; and
new text end
new text begin (3) a spotter trucknew text end .
"Commercial motor vehicle" does not include (1) a school bus or Head Start bus
displaying a certificate under section 169.451, (2) a bus operated by the Metropolitan
Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle
that is required to be placarded under Code of Federal Regulations, title 49, parts 100-185.
(b) "Commissioner" means the commissioner of public safety.
(c) "Owner" means a person who owns, or has control, under a lease of more than 30
days' duration, of one or more commercial motor vehicles.
(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
property at a location not on a street or highway, (2) does not contain any load when
moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
on each side of the semitrailer "storage only" in letters at least six inches high.
(e) "Building mover vehicle" means a vehicle owned or leased by a building mover
as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
moving buildings.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires June 30, 2013.
new text end
Sec. 60.
Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read:
Subd. 2.
Inspection required.
It is unlawful for a person to operate or permit
the operation of:
(1) a commercial motor vehicle registered in Minnesotanew text begin or a spotter trucknew text end ; or
(2) special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle chassis,
unless the vehicle displays a valid safety inspection decal issued by an inspector certified
by the commissioner, or the vehicle carries (1) proof that the vehicle complies with
federal motor vehicle inspection requirements for vehicles in interstate commerce, and
(2) a certificate of compliance with federal requirements issued by the commissioner
under subdivision 9.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires June 30, 2013.
new text end
Sec. 61.
Minnesota Statutes 2006, section 169.79, is amended to read:
169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES.
Subdivision 1.
Registration required.
No person shall operate, drive, or park a
motor vehicle on any highway unless the vehicle is registered in accordance with the laws
of this state and has the number plates or permit confirming that valid registration or
operating authority has been obtained, except as provided in sections 168.10 and 168.12,
subdivision 2f, as assigned to it by the commissioner of public safety, conspicuously
displayed thereon in a manner that the view of any plate or permit is not obstructed. A
plate issued under section 168.27 or a permit issued under chapter 168 may be displayed
on a vehicle in conjunction with expired registration whether or not it displays the license
plate to which the last registration was issued.
Subd. 2.
Semitrailer.
If the vehicle is a semitrailer, the number plate displayed must
be assigned to the registered owner and correlate to the deleted text begin certificate of titledeleted text end documentation
on file with the department deleted text begin and shall not display a year indicatordeleted text end .
Subd. 3.
Rear display of single plate.
If the vehicle is a motorcycle, motor scooter,
motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds
gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one
license plate must be displayed new text begin horizontally with the identifying numbers and letters
facing outward from the vehicle and must be mounted in the upright position new text end on the
rear of the vehicle.
Subd. 3a.
Small trailer.
If the vehicle is a trailer with 3,000 pounds or less GVW
with lifetime registration, the numbered plate or sticker must be adhered to the side of the
trailer frame tongue near the hitch.
Subd. 4.
Collector's vehicle.
If the vehicle is (1) a collector's vehicle with a pioneer,
classic car, collector, or street rod license; (2) a vehicle that meets the requirements
of a pioneer, classic, or street rod vehicle except that the vehicle is used for general
transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered
under section 168.10, subdivision 1c, and is used for general transportation purposes, new text begin then
new text end one plate must be displayed on the rear of the vehicle, or one plate on the front and one
on the rear, at the discretion of the owner.
Subd. 5.
Truck-tractor, road-tractor, or farm truck.
If the vehicle is a
truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but
excluding from that definition semitrailers and trailers, new text begin then new text end one plate must be displayed
on the front of the vehicle.
Subd. 6.
Other motor vehicles.
If the motor vehicle is any kind of motor vehicle
other than those provided for in subdivisions 2 to 4, one plate must be displayed on the
front and one on the rear of the vehicle.
Subd. 7.
Plate fastened and visible.
All plates must be new text begin (1) new text end securely fastened so as
to prevent them from swingingnew text begin , (2) displayed horizontally with the identifying numbers
and letters facing outward from the vehicle, and (3) mounted in the upright positionnew text end . The
person driving the motor vehicle shall keep the plate legible and unobstructed and free
from grease, dust, or other blurring material so that the lettering is plainly visible at all
times. It is unlawful to cover any assigned letters and numbers or the name of the state
of origin of a license plate with any material whatever, including any clear or colorless
material that affects the plate's visibility or reflectivity.
Subd. 8.
Plate registration stickers.
new text begin
As viewed facing the plates:
new text end
new text begin (a) new text end License plates issued to vehicles registered under section 168.017 must display
the month of expiration in the lower left corner deleted text begin as viewed facing thedeleted text end new text begin of eachnew text end plate and the
year of expiration in the lower right corner deleted text begin as viewed facing thedeleted text end new text begin of each new text end plate.
new text begin (b) new text end License plates issued to vehicles registered under section 168.127 must display
either fleet registration validation stickers in the lower right corner deleted text begin as viewed facing the
platesdeleted text end new text begin of each platenew text end or distinctive license plates, issued by the registrar, with "FLEET
REG" displayed on the bottom center portion of deleted text begin thedeleted text end new text begin each new text end plate.
new text begin
(c)
new text end
new text begin
License plates issued after July 1, 2008, requiring validation must display the
month of expiration in the lower left corner of each plate and the year of expiration in the
lower right corner of the plate.
new text end
new text begin Subd. 9. new text end
new text begin Tax-exempt vehicle marking. new text end
new text begin
Vehicles displaying tax-exempt plates
issued under section 16B.581 or 168.012 must have vehicle markings that comply with
section 168.012, subdivision 1.
new text end
Sec. 62.
Minnesota Statutes 2006, section 169.801, is amended to read:
169.801 IMPLEMENT OF HUSBANDRY.
Subdivision 1.
Exemption from size, weight, load provisions.
Except as provided
in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern
size, weight, and load do not apply todeleted text begin :deleted text end
deleted text begin
(1) a horse-drawn wagon while carrying a load of loose straw or hay;
deleted text end
deleted text begin
(2) a specialized vehicle resembling a low-slung trailer having a short bed or
platform, while transporting one or more implements of husbandry; or
deleted text end
deleted text begin (3)deleted text end an implement of husbandry deleted text begin while being driven or towed at a speed of not
more than 30 miles per hour; provided that this exemption applies to an implement of
husbandry owned, leased, or under the control of a farmer or implement dealer only
while the implement of husbandry is being operated on noninterstate roads or highways
within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated
by the farmer or implement dealer and (ii) on which the farmer or implement dealer
regularly uses or sells or leases the implement of husbandrydeleted text end new text begin while operated in compliance
with this sectionnew text end .
Subd. 2.
Weight deleted text begin per inch of tire widthdeleted text end new text begin restrictionsnew text end .
new text begin (a)new text end An implement of
husbandry that is not self-propelled and is equipped with pneumatic tires may not be
operated on a public highway with a maximum wheel load that exceeds deleted text begin 600 pounds
per inch of tire width before August 1, 1996, anddeleted text end 500 pounds per inch of tire width deleted text begin on
and after August 1, 1996deleted text end new text begin .
new text end
new text begin (b) After December 31, 2009, a person operating or towing an implement of
husbandry on a bridge must comply with the gross weight limitations provided in section
169.824new text end .
Subd. 3.
Hitches.
A towed implement of husbandry must be equipped with (1)
safety chains that meet the requirements of section 169.82, subdivision 3, paragraph
(b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of
public safety; or (3) a hitch pin or other hitching device with a retainer that prevents
accidental unhitching.
new text begin Subd. 4. new text end
new text begin Bridge posting. new text end
new text begin
Despite subdivision 2, a person operating or towing
an implement of husbandry must comply with a sign that limits the maximum weight
allowed on a bridge.
new text end
new text begin Subd. 5. new text end
new text begin Height and width. new text end
new text begin
A person operating, towing, or transporting an
implement of husbandry that is higher than 13 feet six inches or wider than allowed under
section 169.80, subdivision 2, must ensure that the operation or transportation does not
damage a highway structure, utility line or structure, or other fixture adjacent to or over
a public highway.
new text end
new text begin Subd. 6. new text end
new text begin Speed. new text end
new text begin
No person may operate or tow an implement of husbandry at
a speed of more than 30 miles per hour.
new text end
new text begin Subd. 7. new text end
new text begin Driving rules. new text end
new text begin
(a) An implement of husbandry may not be operated or
towed on an interstate highway.
new text end
new text begin
(b) An implement of husbandry may be operated or towed to the left of the center
of a roadway only if it is escorted at the front by a vehicle displaying hazard warning
lights visible in normal sunlight and the operation does not extend into the left half of the
roadway more than is necessary.
new text end
new text begin Subd. 8. new text end
new text begin Lights. new text end
new text begin
An implement of husbandry must be equipped with lights that
comply with section 169.55, subdivisions 2 and 3.
new text end
new text begin Subd. 9. new text end
new text begin Slow moving vehicle emblem. new text end
new text begin
An implement of husbandry must comply
with section 169.522.
new text end
new text begin Subd. 10. new text end
new text begin Brakes. new text end
new text begin
Notwithstanding section 169.67:
new text end
new text begin
(a) A self-propelled implement of husbandry must be equipped with brakes adequate
to control its movement and to stop and hold it and any vehicle it is towing.
new text end
new text begin
(b) A towed implement of husbandry must be equipped with brakes adequate to
control its movement and to stop and hold it if:
new text end
new text begin
(1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
and sold after January 1, 1994;
new text end
new text begin
(2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
vehicle other than a self-propelled implement of husbandry; or
new text end
new text begin
(3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
registered passenger automobile other than a pickup truck as defined in section 168.011,
subdivision 29.
new text end
new text begin
(c) If a towed implement of husbandry with a gross vehicle weight of more than
6,000 pounds is required under paragraph (b) to have brakes, it must also have brakes
adequate to stop and hold it if it becomes detached from the towing vehicle.
new text end
Sec. 63.
Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:
Subd. 3.
Hitch, chain, or cable.
(a) Every trailer or semitrailer must be hitched to
the towing motor vehicle by a device approved by the commissioner of public safety.
(b) Every trailer and semitrailer must be equipped with safety chains or cables
permanently attached to the trailer except in cases where the coupling device is a
regulation fifth wheel and kingpin assembly approved by the commissioner of public
safety. In towing, the chains or cables must be attached to the vehicles near the points of
bumper attachments to the chassis of each vehicle, and must be of sufficient strength to
control the trailer in the event of failure of the towing device. The length of chain or cable
must be no more than necessary to permit free turning of the vehicles. A minimum fine
of $25 must be imposed for a violation of this paragraph.
(c) This subdivision does not apply to towed implements of husbandry.
(d) No person may be charged with a violation of this section solely by reason of
violating a maximum speed prescribed in section deleted text begin 169.145 ordeleted text end 169.67new text begin or 169.801new text end .
Sec. 64.
Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:
Subd. 1a.
Harvest season increase amount.
The limitations provided in sections
169.822 to 169.829 are increased by ten percent from the beginning of harvest to
November 30 each year for the movement of sugar beets, carrots, and potatoes from the
field of harvest to the point of the first unloading. Transfer of the product from a farm
vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not
considered to be the first unloading. new text begin A permit issued under section 169.86, subdivision 1,
paragraph (a), is required.new text end The commissioner shall not issue permits under this subdivision
if to do so will result in a loss of federal highway funding to the state.
Sec. 65.
Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:
Subdivision 1.
Driver to stop for weighing.
(a) The driver of a vehicle that has
been lawfully stopped may be required by an officer to submit the vehicle and load to a
weighing by means of portable or stationary scales.
(b) In addition, the officer may require that the vehicle be driven to the nearest
available scales, but only if:
(1) the distance to the scales is no further than five miles, or if the distance from the
point where the vehicle is stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest available scales; and
(2) if the vehicle is a commercial motor vehicle, no more than two other commercial
motor vehicles are waiting to be inspected at the scale.
(c) Official traffic control devices as authorized by section 169.06 may be used to
direct the driver to the nearest scale.
(d) When a truck weight enforcement operation is conducted by means of portable or
stationary scales, signs giving notice of the operation must be posted within the highway
right-of-way and adjacent to the roadway within two miles of the operation. The driver of
a truck or combination of vehicles registered for or deleted text begin weighing in excess of 12,000deleted text end new text begin with a
gross vehicle weight exceeding 10,000new text end pounds shall proceed to the scale site and submit
the vehicle to weighing and inspection.
Sec. 66.
Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Tow truck. new text end
new text begin
The commissioner may issue permits to an applicant who
pays a single $300 annual fee to cover all tow trucks and towing vehicles owned by the
applicant and meets any other conditions prescribed by the commissioner. The permit
authorizes the tow truck or towing vehicle, when towing a disabled or damaged vehicle to
a place of repair or to a place of safekeeping, to exceed the length and weight limitations
of this chapter.
new text end
Sec. 67.
new text begin
[169.865] SPECIAL CANOLA HAULING VEHICLE PERMITS.
new text end
new text begin Subdivision 1. new text end
new text begin Special three-unit vehicle permit. new text end
new text begin
The commissioner may issue a
permit for a vehicle that meets the following requirements:
new text end
new text begin
(1) is a combination of vehicles, including a truck-tractor and a semitrailer
drawing one additional trailer or semitrailer, and no semitrailer used in the three-vehicle
combination has an overall length in excess of 28-1/2 feet;
new text end
new text begin
(2) has a maximum gross vehicle weight of 105,500 pounds;
new text end
new text begin
(3) complies with the axle weight limits in section 169.824, or with the federal
bridge formula for axle groups not described in that section;
new text end
new text begin
(4) complies with the tire weight limits in section 169.823, or the tire manufacturers'
recommended load, whichever is less;
new text end
new text begin
(5) is operated only in this state on marked Trunk Highway 175 from Hallock to the
North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on marked
Trunk Highway 11 from Donaldson to the North Dakota border; and
new text end
new text begin
(6) the seasonal weight increases authorized under section 169.826, subdivision 1,
do not apply.
new text end
new text begin Subd. 2. new text end
new text begin Restrictions. new text end
new text begin
Vehicles issued permits under subdivision 1 must comply
with the following restrictions:
new text end
new text begin
(1) the vehicle must be operated in compliance with seasonal load restrictions under
section 169.87;
new text end
new text begin
(2) the vehicle may not be operated on the interstate highway system or national
network highways; and
new text end
new text begin
(3) the vehicle may be operated on streets or highways under the control of local
authorities only upon the approval of the local authority; however, vehicles may have
reasonable access to terminals and facilities for food, fuel, repairs, and rest, and for
continuity of route within one mile of the national network as provided by section 169.81,
subdivision 3, and by the Code of Federal Regulations, title 23, part 658.19.
new text end
new text begin Subd. 3. new text end
new text begin Permit fee; appropriation. new text end
new text begin
Vehicle permits issued under subdivision
1 must be annual permits. The fee is $850 for each vehicle and must be deposited
in the trunk highway fund. An amount sufficient to administer the permit program
is appropriated from the trunk highway fund to the commissioner for the costs of
administering the permit program.
new text end
Sec. 68.
Minnesota Statutes 2006, section 169.87, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Heating fuel vehicles. new text end
new text begin
Weight restrictions imposed by the commissioner
under subdivisions 1 and 2 do not apply to a two-axle or three-axle vehicle that does
not exceed the gross weights allowed in sections 169.823 to 169.824, if the vehicle is
transporting heating oil or liquefied propane gas for heating use only.
new text end
Sec. 69.
Minnesota Statutes 2006, section 169.99, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Notice of criminal surcharge. new text end
new text begin
All parts of the uniform traffic ticket must
give conspicuous notice of the fact that, if convicted, the person to whom it was issued
must pay a state imposed surcharge under section 357.021, subdivision 6, and the current
amount of the required surcharge.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008. However, law
enforcement agencies may continue to issue nonconforming tickets until the supply of
those tickets has been exhausted.
new text end
Sec. 70.
Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:
Subd. 23.
School bus.
"School bus" has the meaning given in section 169.01,
subdivision 6. new text begin In addition, the term includes type III school buses as described in section
169.01, subdivision 6, clause (5), when driven by employees or agents of school districts.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end
Sec. 71.
Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:
Subd. 35.
Hazardous materials.
"Hazardous materials" means deleted text begin those materials
found to be hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicledeleted text end new text begin any material that has been designated as hazardous
under United States Code, title 49, section 5103, and is required new text end to be placarded under
Code of Federal Regulations, title 49, deleted text begin parts 100-185deleted text end new text begin part 172, subpart F, or any quantity of
a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73new text end .
Sec. 72.
Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is
amended to read:
Subd. 2.
Driver's license classifications, endorsements, exemptions.
(a) Drivers'
licenses are classified according to the types of vehicles that may be driven by the holder
of each type or class of license. The commissioner may, as appropriate, subdivide the
classes listed in this subdivision and issue licenses classified accordingly.
(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
so endorsed. There are four general classes of licenses as described in paragraphs (c)
through (f).
(c) Class D drivers' licenses are valid for:
(1) operating all farm trucks if the farm truck is:
(i) controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;
(ii) used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;
(iii) not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and
(iv) used within 150 miles of the farm;
(2) notwithstanding paragraph (b), operating an authorized emergency vehicle,
as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds
gross vehicle weight;
(3) operating a recreational vehicle as defined in section 168.011, subdivision 25,
that is operated for personal use;
(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
the driver, and vehicles that carry hazardous materials;
(5) notwithstanding paragraph (d), operating a type deleted text begin Adeleted text end new text begin A-I new text end school bus deleted text begin ordeleted text end new text begin , including new text end a
multifunctional school activity bus without a school bus endorsement if:
(i) deleted text begin the bus has a gross vehicle weight of 10,000 pounds or less;
deleted text end
deleted text begin (ii)deleted text end the bus is designed to transport 15 or fewer passengers, including the driver; and
deleted text begin (iii)deleted text end new text begin (ii)new text end the requirements of subdivision 2a are satisfied, as determined by the
commissioner;
(6) operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; and
(7) towing vehicles if:
(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.
(d) Class C drivers' licenses are valid for:
(1) operating class D motor vehicles;
(2) with a hazardous materials endorsement, deleted text begin transporting hazardous materials indeleted text end
new text begin operating new text end class D vehiclesnew text begin to transport hazardous materialsnew text end ; deleted text begin and
deleted text end
(3)new text begin with a passenger endorsement, operating buses; and
new text end
new text begin (4)new text end with a new text begin passenger endorsement and new text end school bus endorsement, operating school
buses deleted text begin designed to transport 15 or fewer passengers, including the driverdeleted text end .
(e) Class B drivers' licenses are valid for:
(1) operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and
(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
(f) Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.
new text begin EFFECTIVE DATE. new text end
new text begin
The amendments to paragraph (c) in this section are effective
retroactively to January 1, 2008.
new text end
Sec. 73.
Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a, is
amended to read:
Subd. 2a.
Exception for certain school bus drivers.
Notwithstanding subdivision
2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school busnew text begin , including a multifunctional school activity bus,new text end
described in subdivision 2, paragraph (b), under the following conditions:
(a) The operator is an employee of the entity that owns, leases, or contracts for the
school bus and is not solely hired to provide transportation services under this subdivision.
(b) The operator drives the school bus only from points of origin to points of
destination, not including home-to-school trips to pick up or drop off students.
(c) The operator is prohibited from using deleted text begin thedeleted text end new text begin annew text end eight-light system. Violation of
this paragraph is a misdemeanor.
(d) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1) safe operation of the type of school bus the operator will be driving;
(2) understanding student behavior, including issues relating to students with
disabilities;
(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
(5) handling emergency situations; and
(6) safe loading and unloading of students.
(e) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for teachers; section 144.057 or chapter 245C for day care employees; or section 171.321,
subdivision 3, for all other persons operating a deleted text begin type A school busdeleted text end new text begin vehiclenew text end under this
subdivision.
(f) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.
(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the deleted text begin school busdeleted text end new text begin vehiclenew text end .
(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute
or ordinance of another state is precluded from operating a school bus for five years
from the date of conviction.
(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a school bus under this
subdivision.
(j) A person who sustains a conviction, as defined under section 609.02, of a fourth
moving offense in violation of chapter 169 is precluded from operating a school bus for
one year from the date of the last conviction.
(k) Students riding the deleted text begin school busdeleted text end new text begin vehiclenew text end must have training required under section
123B.90, subdivision 2.
(l) An operator must be trained in the proper use of child safety restraints as set
forth in the National Highway Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses," if child safety restraints are
used by the passengers.
(m) Annual certification of the requirements listed in this subdivision must be
maintained under separate file at the business location for each operator licensed under
this subdivision and subdivision 2, paragraph (b), clause (5). The business manager,
school board, governing body of a nonpublic school, or any other entity that owns,
leases, or contracts for the school bus operating under this subdivision is responsible
for maintaining these files for inspection.
(n) The deleted text begin school busdeleted text end new text begin vehiclenew text end must bear a current certificate of inspection issued under
section 169.451.
(o) new text begin If new text end the word "School" new text begin appears new text end on the front and rear of the busnew text begin , the word "School"new text end
must be covered by a sign that reads "Activities" when the bus is being operated under
authority of this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
Sec. 74.
Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Exception for type III school bus drivers. new text end
new text begin
(a) Notwithstanding
subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus
endorsement, may operate a type III school bus described in section 169.01, subdivision 6,
clause (5), under the conditions in paragraphs (b) through (n).
new text end
new text begin
(b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.
new text end
new text begin
(c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
new text end
new text begin
(1) safe operation of a type III school bus;
new text end
new text begin
(2) understanding student behavior, including issues relating to students with
disabilities;
new text end
new text begin
(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
new text end
new text begin
(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
new text end
new text begin
(5) handling emergency situations;
new text end
new text begin
(6) proper use of seat belts and child safety restraints;
new text end
new text begin
(7) performance of pretrip vehicle inspections; and
new text end
new text begin
(8) safe loading and unloading of students, including, but not limited to:
new text end
new text begin
(i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;
new text end
new text begin
(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
new text end
new text begin
(iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if
it is not reasonably feasible to avoid such a location; and
new text end
new text begin
(iv) placing the type III school bus in "park" during loading and unloading.
new text end
new text begin
(d) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for school district employees; section 144.057 or chapter 245C for day care employees;
or section 171.321, subdivision 3, for all other persons operating a type A or type III
school bus under this subdivision.
new text end
new text begin
(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.
new text end
new text begin
(f) The operator's employer has adopted and implemented a policy that provides
for mandatory drug and alcohol testing of applicants for operator positions and current
operators, in accordance with section 181.951, subdivisions 2, 4, and 5.
new text end
new text begin
(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the school bus.
new text end
new text begin
(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or
has their driver's license revoked under a similar statute or ordinance of another state, is
precluded from operating a type III school bus for five years from the date of conviction.
new text end
new text begin
(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus
under this subdivision.
new text end
new text begin
(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III school bus for one year from the date of
the last conviction.
new text end
new text begin
(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.
new text end
new text begin
(l) Students riding the type III school bus must have training required under section
123B.90, subdivision 2.
new text end
new text begin
(m) Documentation of meeting the requirements listed in this subdivision must
be maintained under separate file at the business location for each type III school bus
operator. The business manager, school board, governing body of a nonpublic school, or
any other entity that owns, leases, or contracts for the type III school bus operating under
this subdivision is responsible for maintaining these files for inspection.
new text end
new text begin
(n) The type III school bus must bear a current certificate of inspection issued under
section 169.451.
new text end
new text begin
(o) An operator employed by a school or school district, whose normal duties do
not include operating a type III school bus, who holds a class D driver's license without a
school bus endorsement, may operate a type III school bus and is exempt from paragraphs
(d), (e), (f), (g), and (k).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2008.
new text end
Sec. 75.
Minnesota Statutes 2006, section 171.03, is amended to read:
171.03 PERSONS EXEMPT.
The following persons are exempt from license hereunder:
(a) A person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the United
States federal government.
(b) A person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C commercial
driver's license while driving or operating for military purposes a commercial motor
vehicle deleted text begin owned by or leased todeleted text end new text begin fornew text end the United States federal government if the person is:
(1) on active duty in the U. S. Coast Guard;
(2) on active duty in a branch of the U. S. Armed Forces, which includes the Army,
Air Force, Navy, and Marine Corps;
(3) a member of a reserve component of the U. S. Armed Forces; or
(4) on active duty in the Army National Guard or Air National Guard, which
includes (i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military technician, who is a
civilian required to wear a military uniform.
The exemption provided under this paragraph does not apply to a U. S. Armed Forces
Reserve technician.
(c) Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7, are not implements of husbandry.
(d) A nonresident who is at least 15 years of age and who has in immediate
possession a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.
(e) A nonresident who has in immediate possession a valid commercial driver's
license issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
(f) Any nonresident who is at least 18 years of age, whose home state or country does
not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
period of not more than 90 days in any calendar year, if the motor vehicle so operated is
duly registered for the current calendar year in the home state or country of the nonresident.
(g) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid driver's license issued to the person under and pursuant to the laws of
some other state or jurisdiction or by military authorities of the United States may operate
a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
a resident of this state, without being required to have a Minnesota driver's license as
provided in this chapter.
(h) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or jurisdiction in
accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
for not more than 30 days after becoming a resident of this state.
(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.
Sec. 76.
Minnesota Statutes 2006, section 171.05, subdivision 2b, is amended to read:
Subd. 2b.
Instruction permit use by person under age 18.
(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.
(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.
(c) deleted text begin The permit holder may operate a motor vehicle only when every occupant under
the age of 18 has a seat belt or child passenger restraint system properly fastened. A
person who violates this paragraph is subject to a fine of $25. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on
a person's driving record.
deleted text end
deleted text begin (d)deleted text end The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger. Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.
deleted text begin (e)deleted text end new text begin (d)new text end The permit holder must maintain a driving record free of convictions for
moving violations, as defined in section 171.04, subdivision 1, and free of convictions
for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If
the permit holder drives a motor vehicle in violation of the law, the commissioner shall
suspend, cancel, or revoke the permit in accordance with the statutory section violated.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 9, 2008, and applies to acts
committed on or after that date.
new text end
Sec. 77.
Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:
Subd. 2.
Use of provisional license.
(a) deleted text begin A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
deleted text end
deleted text begin (b)deleted text end A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
deleted text begin (c)deleted text end new text begin (b)new text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.
new text begin
(c) For the first six months of provisional licensure, a provisional license holder may
not operate a motor vehicle carrying more than one passenger under the age of 20 years
who is not a member of the holder's immediate family. For the second six months, the
holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family.
new text end
new text begin
(d) For the first six months of provisional licensure, a provisional license holder
may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when
the license holder is:
new text end
new text begin
(1) driving between the license holder's home and place of employment;
new text end
new text begin
(2) driving between the license holder's home and a school event for which the
school has not provided transportation;
new text end
new text begin
(3) driving for employment purposes; or
new text end
new text begin
(4) accompanied by a licensed driver at least 25 years of age.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
The amendments to paragraph (a) are effective June 9, 2008,
and apply to acts committed on and after that date.
new text end
Sec. 78.
Minnesota Statutes 2006, section 171.13, subdivision 1, is amended to read:
Subdivision 1.
Examination subjects and locations; provisions for color
blindness, disabled veterans.
Except as otherwise provided in this section, the
commissioner shall examine each applicant for a driver's license by such agency as the
commissioner directs. This examination must include a test of applicant's eyesight; ability
to read and understand highway signs regulating, warning, and directing traffic; knowledge
of traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate
a motor vehicle safely and legally, and of the legal penalties and financial consequences
resulting from violations of laws prohibiting the operation of a motor vehicle while under
the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge
of slow-moving vehicle safety; new text begin knowledge of laws relating to pupil transportation safety,
including the significance of school bus lights, signals, stop arm, and passing a school
bus; new text end knowledge of traffic laws related to bicycles; an actual demonstration of ability to
exercise ordinary and reasonable control in the operation of a motor vehicle; and other
physical and mental examinations as the commissioner finds necessary to determine the
applicant's fitness to operate a motor vehicle safely upon the highways, provided, further
however, no driver's license shall be denied an applicant on the exclusive grounds that the
applicant's eyesight is deficient in color perception. Provided, however, that war veterans
operating motor vehicles especially equipped for disabled persons, shall, if otherwise
entitled to a license, be granted such license. The commissioner shall make provision for
giving these examinations either in the county where the applicant resides or at a place
adjacent thereto reasonably convenient to the applicant.
Sec. 79.
Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
to read:
new text begin Subd. 1i. new text end
new text begin Pupil transportation safety. new text end
new text begin
The commissioner shall include in each
edition of the driver's manual a section relating to pupil transportation safety laws.
new text end
Sec. 80.
Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read:
Subd. 2.
Implied consent revocation.
The commissioner shall disqualify a person
from operating commercial motor vehicles for a revocation under section 169A.52 or a
statute or ordinance from another state or jurisdiction in conformity with it, deleted text begin in accordance
withdeleted text end new text begin for a period that is equivalent in duration undernew text end the driver disqualifications and
penalties in Code of Federal Regulations, title 49, part 383, subpart Dnew text begin , that pertain to a
conviction of being under the influence of alcohol or refusal to be testednew text end .
Sec. 81.
new text begin
[171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY
COMMERCIAL DRIVER.
new text end
new text begin
(a) Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of a criminal offense; of a serious
traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of
violating any other state or local law relating to motor vehicle traffic control, other than a
parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify
the department's Division of Driver and Vehicle Services of the conviction. The person
shall notify the division within 30 days after the date that the person was convicted.
new text end
new text begin
(b) Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of violating, in any type of
motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control,
other than a parking violation, shall notify the person's employer of the conviction. The
person shall notify the person's employer within 30 days after the date that the person was
convicted. If the person is not currently employed, the person shall notify the division
according to paragraph (a).
new text end
new text begin
(c) Notification to the division must be made in writing and contain the following
information:
new text end
new text begin
(1) the driver's full name;
new text end
new text begin
(2) the driver's license number;
new text end
new text begin
(3) the date of conviction;
new text end
new text begin
(4) the specific criminal or other offense; serious traffic violation, as defined in Code
of Federal Regulations, title 49, section 383.5; and any other violation of state or local
law relating to motor vehicle traffic control, for which the person was convicted and
any suspension, revocation, or cancellation of certain driving privileges that resulted
from the conviction;
new text end
new text begin
(5) an indication whether the violation was in a commercial motor vehicle;
new text end
new text begin
(6) the location of the offense; and
new text end
new text begin
(7) the driver's signature.
new text end
Sec. 82.
new text begin
[171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF
COMMERCIAL DRIVER.
new text end
new text begin
Each employee, as defined in Code of Federal Regulations, title 49, section 383.5,
who has a Minnesota-issued driver's license suspended, revoked, or canceled by this
state or another state or jurisdiction, who loses the right to operate a commercial motor
vehicle in this state or another state or jurisdiction for any period, or who is disqualified
from operating a commercial motor vehicle for any period, shall notify the person's
employer of the suspension, revocation, cancellation, lost privilege, or disqualification.
The employee shall notify the employer before the end of the business day following
the day the employee received notice of the suspension, revocation, cancellation, lost
privilege, or disqualification.
new text end
Sec. 83.
Minnesota Statutes 2006, section 171.18, subdivision 1, is amended to read:
Subdivision 1.
Offenses.
(a) The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:
(1) has committed an offense for which mandatory revocation of license is required
upon conviction;
(2) has been convicted by a court for violating a provision of chapter 169 or
an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
department records show that the violation contributed in causing an accident resulting in
the death or personal injury of another, or serious property damage;
(3) is an habitually reckless or negligent driver of a motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has committed an offense in another state that, if committed in this state, would
be grounds for suspension;
(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that the commissioner may
not suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;
(10) has failed to appear in court as provided in section 169.92, subdivision 4;
(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;
(12) has been found to have committed an offense under section 169A.33; deleted text begin or
deleted text end
(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that the
dishonored check has been paid in fullnew text begin ; or
new text end
new text begin (14) who, as owner or owners of a vehicle whose taxes or fees required under
chapter 168, 168A, or 297B, were due, paid or attempted to pay, or had another person pay
or attempt to pay, the vehicle taxes or fees required under chapter 168, 168A, or 297B,
by means of a dishonored personal check issued to the state or a deputy registrar, which
must be continued until the registrar determines or is informed by the deputy registrar that
the dishonored check has been paid in fullnew text end .
However, an action taken by the commissioner under clause (2) or (5) must conform to
the recommendation of the court when made in connection with the prosecution of the
licensee.
(b) The commissioner may not suspend the driver's license of an individual under
paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose
license was under suspension at the time solely because of the individual's failure to
appear in court or failure to pay a fine.
Sec. 84.
Minnesota Statutes 2006, section 171.24, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin
Driving after suspension for failure to appear or pay fines;
misdemeanor.
new text end
new text begin
A person is guilty of a misdemeanor if:
new text end
new text begin
(1) the person's driver's license or driving privilege has been suspended solely for
the purpose of unpaid fines or failure to appear in court;
new text end
new text begin
(2) the person has been given notice of or reasonably should know of the suspension;
and
new text end
new text begin
(3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege
is suspended.
new text end
Sec. 85.
Minnesota Statutes 2006, section 171.29, subdivision 1, is amended to read:
Subdivision 1.
Examination required.
No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, deleted text begin ordeleted text end 171.17, or new text begin 171.172, or new text end revoked under section 169.792
or 169A.52 shall be issued another license unless and until that person shall have
successfully passed an examination as required by the commissioner of public safety.
This subdivision does not apply to an applicant for early reinstatement under section
169.792, subdivision 7a.
Sec. 86.
Minnesota Statutes 2006, section 171.321, subdivision 5, is amended to read:
Subd. 5.
Annual evaluation and license verification.
(a) A school district,
nonpublic school, or private contractor shall provide in-service training annually to each
school bus driver.
(b) A school district, nonpublic school, or private contractor shall annually verify
the validity of the driver's license of each employee who regularly transports students for
the district in a type A school bus, a type B school bus, a type C school bus, or type D
school bus, new text begin whether or not that bus is a multifunctional school activity bus, new text end or regularly
transports students for the district in a type III vehicle with the National Driver Register
or with the Department of Public Safety.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
Sec. 87.
Minnesota Statutes 2006, section 174.02, subdivision 2, is amended to read:
Subd. 2.
Unclassified positions.
The commissioner may establishnew text begin up tonew text end four
positions in the unclassified service at the deputy and assistant commissioner, assistant to
commissioner or personal secretary levels. No more than two of these positions shall be
at the deputy commissioner level.new text begin The commissioner or a deputy commissioner must be
licensed as a professional engineer under section 326.02, and serve as chief engineer.
new text end
Sec. 88.
Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:
Subdivision 1.
Statewide transportation plan; priorities; schedule of
expenditures.
In order to best meet the present and future transportation needs of
the public, to insure a strong state economy, to make most efficient use of public and
private funds, and to promote the more efficient use of energy and other resources for
transportation purposes, the commissioner shall:
(1) three months after notification that the department is ready to commence
operations and prior to the drafting of the statewide transportation plan, hold public
hearings as may be appropriate solely for the purpose of receiving suggestions for future
transportation alternatives and priorities for the state. The Metropolitan Council, regional
development commissions, and port authorities shall appear at the hearings and submit
information concerning transportation-related planning undertaken and accomplished by
these agencies. Other political subdivisions may appear and submit such information at
the hearings. These hearings shall be completed no later than six months from the date of
the commissioner's notification;
(2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
account the suggestions and information submitted at the public hearings held pursuant
to clause (1). The plan shall incorporate all modes of transportation and provide for the
interconnection and coordination of different modes of transportation. The commissioner
shall evaluate alternative transportation programs and facilities proposed for inclusion
in the plan in terms of economic costs and benefits, safety aspects, impact on present
and planned land uses, environmental effects, energy efficiency, national transportation
policies and priorities, and availability of federal and other financial assistance;
(3) based upon the statewide transportation plan, develop statewide transportation
priorities and schedule authorized public capital improvements and other authorized
public transportation expenditures pursuant to the prioritiesnew text begin . As permitted by the federal
surface transportation program and subject to available funding, the commissioner shall
give serious consideration to prioritizing for funding those trunk highway projects in
the metropolitan area, as defined in section 473.121, subdivision 2, that are consistent
with policies included in the Metropolitan Council's metropolitan development guide,
transportation policy plan, and regional development framework, and that have been
awarded funding through the federal surface transportation program. In responding to an
unforeseen, catastrophic event affecting the state transportation system, the commissioner
may, upon written notification to the chairs of the senate and house of representatives
committees with jurisdiction over transportation policy and finance, prioritize projects
without regard to availability of federal fundingnew text end ;new text begin and
new text end
(4) complete the plan and priorities required by this subdivision no later than July
1, 1978. Upon completion of the plan and priorities, the commissioner shall prepare
and periodically revise, as necessary, the schedule of authorized public transportation
expenditures. The plan, priorities, and schedule are exempt from the provisions of the
Administrative Procedure Act.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2009.
new text end
Sec. 89.
Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Transit service needs implementation plan. new text end
new text begin
The commissioner shall
develop a transit service needs implementation plan that contains a goal of meeting at
least 80 percent of unmet transit service needs in greater Minnesota by July 1, 2015,
and meeting at least 90 percent of unmet transit service needs in greater Minnesota by
July 1, 2025. The plan must include, but is not limited to, the following: an analysis of
ridership and transit service needs throughout greater Minnesota; a calculation of unmet
needs; an assessment of the level and type of service required to meet unmet needs; an
analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as
specified in this subdivision. The plan must specifically address special transportation
service ridership and needs. The commissioner may amend the plan as necessary, and
may use all or part of the 2001 greater Minnesota public transportation plan created by the
Minnesota Department of Transportation.
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. 90.
new text begin
[174.247] ANNUAL TRANSIT REPORT.
new text end
new text begin
(a) By February 15 annually, the commissioner shall submit a report to the legislature
on transit services outside the metropolitan area. The Metropolitan Council and any
public transit system receiving assistance under section 174.24 shall provide assistance
in creating the report, as requested by the commissioner.
new text end
new text begin
(b) The report must include, at a minimum, the following:
new text end
new text begin
(1) a descriptive overview of public transit in Minnesota;
new text end
new text begin
(2) a descriptive summary of funding sources and assistance programs;
new text end
new text begin
(3) a summary of each public transit system receiving assistance under section
174.24;
new text end
new text begin
(4) data that identifies use of volunteers in providing transit service;
new text end
new text begin
(5) financial data that identifies operating and capital costs, and funding sources,
for each public transit system and for each transit system classification under section
174.24, subdivision 3b;
new text end
new text begin
(6) a summary of progress with the transit service needs implementation plan under
section 174.24, subdivision 1a, including identification of any adjustments made to the
plan; and
new text end
new text begin
(7) a calculation of the amounts of surplus or insufficient funds available for (i)
paying the state share of transit operating costs under section 174.24, subdivision 3b, and
(ii) following the transit service needs implementation plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 91.
new text begin
[174.37] ADVISORY COMMITTEE ON NONMOTORIZED
TRANSPORTATION.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
(a) The commissioner of transportation shall establish
an advisory committee on nonmotorized transportation. The committee shall make
recommendations to the commissioner on items related to nonmotorized transportation,
including safety, education, and development programs. The committee shall review and
analyze issues and needs relating to operating nonmotorized transportation on public
rights-of-way, and identify solutions and goals for addressing identified issues and needs.
new text end
new text begin
(b) For purposes of this section, "nonmotorized transportation" includes bicycling,
pedestrian activities, and other forms of nonmotorized transportation.
new text end
new text begin Subd. 2. new text end
new text begin Members. new text end
new text begin
The advisory committee must consist of the following members:
new text end
new text begin
(a) The commissioner of transportation shall appoint up to 18 public members, as
follows: one member from each of the department's seven greater Minnesota districts;
four members from the department's metropolitan district; and no more than seven
members at large. Each of the members at large must represent nonmotorized interests or
organizations.
new text end
new text begin
(b) The commissioners of each of the following state agencies shall appoint
an employee of the agency to serve as a member: administration, education, health,
natural resources, public safety, transportation, and pollution control. The chair of the
Metropolitan Council shall appoint an employee of the council to serve as a member. The
director of Explore Minnesota Tourism shall appoint an employee of the agency to serve
as a member. The division administrator of the Federal Highway Administration may
appoint an employee of the agency to serve as a member.
new text end
new text begin
(c) Members of the committee shall serve four-year terms.
new text end
new text begin Subd. 3. new text end
new text begin Meetings. new text end
new text begin
The commissioner of transportation's designee shall convene the
first meeting by January 15, 2009. The committee shall elect a chair from its membership,
and shall establish a meeting schedule and meet at least annually.
new text end
new text begin Subd. 4. new text end
new text begin Reports. new text end
new text begin
The committee shall issue an annual report to the commissioner
of transportation.
new text end
new text begin Subd. 5. new text end
new text begin Expenses. new text end
new text begin
Members of the advisory committee serve without
compensation, but members who are not employees of government agencies must
be reimbursed for expenses in the same manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision 2. The commissioner of
transportation shall provide department staff support to the committee.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, subdivision 5, the committee
expires June 30, 2014.
new text end
Sec. 92.
Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision
to read:
new text begin Subd. 50. new text end
new text begin Out-of-service order. new text end
new text begin
"Out-of-service order" has the meaning given it in
Code of Federal Regulations, title 49, section 383.5.
new text end
Sec. 93.
Minnesota Statutes 2006, section 221.031, subdivision 1, is amended to read:
Subdivision 1.
Powers, duties, reports, limitations.
(a) This subdivision applies to
motor carriers engaged in intrastate commerce.
(b) The commissioner shall prescribe rules for the operation of motor carriers,
including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
qualifications; accident reporting; identification of vehicles; installation of safety devices;
inspection, repair, and maintenance; and proper automatic speed regulators if, in the
opinion of the commissioner, there is a need for the rules.
(c) The commissioner shall direct the repair and reconstruction or replacement of
an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
the construction and maintenance or furnishing of suitable and proper freight terminals,
passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
at a point on the highway traversed which the commissioner, after investigation by the
department, may deem just and proper for the protection of passengers or property.
(d) The commissioner shall require holders of household goods mover permits to file
deleted text begin annual and other reports including annual accounts of motor carriers,deleted text end schedules of rates
and charges, or other data by motor carriers, regulate motor carriers in matters affecting
the relationship between them and the traveling and shipping public, and prescribe other
rules as may be necessary to carry out the provisions of this chapter.
(e) deleted text begin A motor carrier subject to paragraph (d) but having gross revenues from for-hire
transportation in a calendar year of less than $200,000 may, at the discretion of the
commissioner, be exempted from the filing of an annual report, if instead the motor carrier
files an abbreviated annual report, in a form as may be prescribed by the commissioner,
attesting that the motor carrier's gross revenues did not exceed $200,000 in the previous
calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes
of this subdivision only, do not include gross revenues received from the operation of
school buses as defined in section 169.01, subdivision 6.deleted text end
deleted text begin (f)deleted text end The commissioner shall enforce sections 169.781 to 169.783.
Sec. 94.
Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:
Subdivision 1.
Order.
The commissioner may issue an order requiring violations
to be corrected and administratively assessing monetary penalties for a violation of
(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4)
section 221.171; (5) section 221.141; new text begin (6) a federal, state, or local law, regulation, rule,
or ordinance pertaining to railroad-highway grade crossings; new text end or deleted text begin (6)deleted text end new text begin (7)new text end rules of the
commissioner relating to the transportation of hazardous waste, motor carrier operations,
insurance, or tariffs and accounting. An order must be issued as provided in this section.
Sec. 95.
Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:
Subd. 3.
Amount of penalty; considerations.
(a) The commissioner may issue an
order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
221.151; or 221.171, or rules of the commissioner relating to motor carrier operations,
insurance, or tariffs and accounting, identified during a single inspection, audit, or
investigation.
(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.
(c) In determining the amount of a penalty, the commissioner shall consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;
(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;
(4) the economic benefit gained by the person by allowing or committing the
violation; and
(5) other factors as justice may require, if the commissioner specifically identifies
the additional factors in the commissioner's order.
(d) The commissioner shall assess a penalty deleted text begin of not less than $1,000 against a driver
who is convicted of a violation of an out-of-service order. The commissioner shall assess
a penalty of not more than $10,000 against an employer who knowingly allows or requires
an employee to operate a commercial motor vehicle in violation of an out-of-service order.deleted text end new text begin
in accordance with Code of Federal Regulations, title 49, section 383.53 against:
new text end
new text begin
(1) a driver who is convicted of a violation of an out-of-service order;
new text end
new text begin
(2) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of an out-of-service order; or
new text end
new text begin
(3) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of a federal, state, or local law or regulation
pertaining to railroad-highway grade crossings.
new text end
Sec. 96.
Minnesota Statutes 2006, section 221.121, subdivision 1, is amended to read:
Subdivision 1.
Petition; deleted text begin notice and hearing;deleted text end scope.
(a) A person desiring to operate
as a permit carrier, except as provided in subdivision 5 or section 221.296, shall file a
petition with the commissioner specifying the kind of permit desired, the name and address
of the petitioner and the names and addresses of the officers, if a corporation, and other
information as the commissioner may require. Letters of shipper support must be filed with
the petition. No person shall knowingly make a false or misleading statement in a petition.
(b) The commissionerdeleted text begin , after notice to interested parties and a hearing,deleted text end shall issue the
permit upon compliance with the laws and rules relating to it, if it finds that petitioner is
fit and able to conduct the proposed operations, that petitioner's vehicles meet the safety
standards established by the department, deleted text begin that the area to be served has a need for the
transportation services requested in the petition, and that existing permit and certificated
carriers in the area to be served have failed to demonstrate that they offer sufficient
transportation services to meet fully and adequately those needs,deleted text end provided that no person
who holds a permit at the time sections 221.011 to 221.291 take effect may be denied
a renewal of the permit upon compliance with other provisions of sections 221.011 to
221.291.
(c) A permit once granted continues in full force and effect until abandoned or unless
suspended or revoked, subject to compliance by the permit holder with the applicable
provisions of law and the rules of the commissioner governing permit carriers.
(d) No permit may be issued to a common carrier by rail permitting the common
carrier to operate trucks for hire within this state, nor may a common carrier by rail be
permitted to own, lease, operate, control, or have an interest in a permit carrier by truck,
either by stock ownership or otherwise, directly, indirectly, through a holding company,
or by stockholders or directors in common, or in any other manner. Nothing in sections
221.011 to 221.291 prevents the commissioner from issuing a permit to a common carrier
by rail authorizing the carrier to operate trucks wholly within the limits of a municipality or
within adjacent or contiguous municipalities or a common rate point served by the railroad
and only as a service supplementary to the rail service now established by the carriers.
Sec. 97.
Minnesota Statutes 2006, section 221.121, subdivision 6a, is amended to read:
Subd. 6a.
Household goods carrier.
A person who desires to hold out or to operate
as a carrier of household goods shall deleted text begin follow the procedure established in subdivision 1,
and shall specifically request a household goods mover permit. The permit granted by
the commissioner to a person who meets the criteria established in this subdivision and
subdivision 1 shall authorize the person to hold out and to operate as a household goods
mover. A person who provides or offers to provide household goods packing services
and who makes any arrangement directly or indirectly by lease, rental, referral, or by
other means to provide or to obtain drivers, vehicles, or transportation service for moving
household goods, must have a household goods mover permitdeleted text end new text begin file an application with
the commissioner on a form the commissioner prescribes. Notwithstanding this or any
other section or rule to the contrary, the commissioner must not provide public notice
or hearing when reviewing the application or before granting the requested operating
authority. All permits granted to household goods carriers must allow statewide operation.
Notwithstanding any geographical restrictions imposed upon a permit at the time it was
granted or any section or rule to the contrary, the holder of a household goods permit may
operate statewidenew text end .
Sec. 98.
Minnesota Statutes 2006, section 221.151, subdivision 1, is amended to read:
Subdivision 1.
Petition.
new text begin (a) new text end Permits, except livestock permits, issued under section
221.121 may be assigned or transferred but only upon the order of the commissioner
approving the transfer or assignment after notice and hearing.
new text begin (b) new text end The proposed seller and buyer or lessor and lessee of a permit, except for
livestock carrier permits, shall file a joint notarized petition with the commissioner setting
forth the name and address of the parties, the identifying number of the permit, and the
description of the authority which the parties seek to sell or lease, a short statement of
the reasons for the proposed sale or lease, a statement of outstanding claims of creditors
which are directly attributable to the operation to be conducted under the permit, a copy of
the contract of sale or lease, and a financial statement with a balance sheet and an income
statement, if existent, of the buyer or lessee. If it appears to the commissionerdeleted text begin , after notice
to interested parties and a hearing,deleted text end from the contents of the petitiondeleted text begin , from the evidence
produced at the hearing,deleted text end and from the department's records, files, and investigation that
the approval of the sale or lease of the permit will not adversely affect the rights of the
users of the service deleted text begin and will not have an adverse effect upon other competing carriersdeleted text end ,
the commissioner may make an order granting the sale or lease. Provided, however, that
the commissioner shall make no order granting the sale or lease of a permit to a person
or corporation or association which holds a certificate or permit other than local cartage
carrier permit from the commissioner under this chapter or to a common carrier by rail.
deleted text begin
Provided further that the commissioner shall make no order approving the sale or
lease of a permit if the commissioner finds that the price paid for the sale or lease of a
permit is disproportionate to the reasonable value of the permit considering the assets and
goodwill involved. The commissioner shall approve the sale or lease of a permit only after
a finding that the transferee is fit and able to conduct the operations authorized under the
permit and that the vehicles the transferee proposes to use in conducting the operations
meet the safety standards of the commissioner. In determining the extent of the operating
authority to be conducted by the transferee under the sale or lease of the permit, the past
operations of the transferor within the two-year period immediately preceding the transfer
must be considered. Only such operating authority may be granted to the transferee as was
actually exercised by the transferor under the transferor's authority within the two-year
period immediately preceding the transfer as evidenced by bills of lading, company
records, operation records, or other relevant evidence. For purposes of determining the
two-year period, the date of divesting of interest or control is the date of the sale.
deleted text end
new text begin (c)new text end The commissioner shall look to the substance of the transaction rather than the
form. An agreement for the transfer or sale of a permit must be reported and filed with the
commissioner within 30 days of the agreement.
new text begin (d) new text end If an authority to operate as a permit carrier is held by a corporation, a sale,
assignment, pledge, or other transfer of the stock interest in the corporation which will
accomplish a substantial or material change or transfer of the majority ownership of
the corporation, as exercised through its stockholders, must be reported in the manner
prescribed in the rules of the commissioner within 30 days after the sale, assignment,
pledge, or other transfer of stock. The commissioner shall then make a finding whether or
not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of
the corporation to a new party or parties and, if they so find, then the continuance of the
permit issued to the corporation may only be upon the corporation's complying with the
standards and procedures otherwise imposed by this section.
Sec. 99.
Minnesota Statutes 2006, section 221.221, subdivision 2, is amended to read:
Subd. 2.
Enforcement powers.
Transportation program specialists and hazardous
material program specialists of the departmentnew text begin have the powers conferred by law upon
police officersnew text end , new text begin only new text end for the deleted text begin purposedeleted text end new text begin purposesnew text end of deleted text begin enforcingdeleted text end new text begin :new text end
(1) new text begin enforcing new text end this chapter, sections 169.781 to 169.783 relating to commercial
vehicle inspections, and sections 168D.05 and 168D.12 relating to motor carrier licenses
and trip permitsdeleted text begin ,deleted text end new text begin ;new text end
(2) new text begin enforcing new text end Code of Federal Regulations, title 49, parts 40 and 382deleted text begin ,deleted text end deleted text begin anddeleted text end new text begin ; new text end
(3) new text begin enforcing new text end the applicable rules, orders, or directives of the commissioner of
transportation and the commissioner of revenue, issued under this chapter and chapter
168D or 296Adeleted text begin , but for no other purpose, have the powers conferred by law upon police
officers. The powers include the authority to conductdeleted text end new text begin ;
new text end
new text begin
(4) enforcing the North American uniform out-of-service criteria and issuing
out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5;
and
new text end
new text begin (5) conducting new text end inspections at designated highway weigh stations or under other
appropriate circumstances.
Sec. 100.
Minnesota Statutes 2006, section 239.791, subdivision 10, is amended to
read:
Subd. 10.
Exemption for airportdeleted text begin , marina, mooring facility, and resortdeleted text end .
A person
responsible for the product may offer for sale, sell, or dispense at an airport, deleted text begin marina,
mooring facility, or resort,deleted text end for use in airplanes deleted text begin or for purposes listed under subdivision
12, paragraph (a)deleted text end , gasoline that is not oxygenated in accordance with subdivision 1 if the
gasoline is unleaded premium grade as defined in section 239.751, subdivision 4.
Sec. 101.
Minnesota Statutes 2006, section 239.791, is amended by adding a
subdivision to read:
new text begin Subd. 10a. new text end
new text begin
Exemption for resorts, marinas, and houseboat rental companies.
new text end
new text begin
A person responsible for the product may offer for sale, sell, or dispense at a resort,
marina, or houseboat rental company gasoline that is not oxygenated in accordance
with subdivision 1 if the gasoline has an octane rating of 87 or higher and is delivered
into onsite bulk storage.
new text end
Sec. 102.
Minnesota Statutes 2006, section 299A.705, subdivision 1, is amended to
read:
Subdivision 1.
Vehicle services operating account.
(a) The vehicle services
operating account is created in the special revenue fund, consisting of all money from the
vehicle services fees specified in chapters 168 deleted text begin anddeleted text end new text begin ,new text end 168Anew text begin , and 168D,new text end and any other money
otherwise donated, allotted, appropriated, or legislated to this account.
(b) Funds appropriated are available to administer vehicle services as specified in
chapters 168 deleted text begin anddeleted text end new text begin ,new text end 168Anew text begin , and 168D,new text end and section 169.345, including:
(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems,
and titles;
(2) collecting title and registration taxes and fees;
(3) transferring vehicle registration plates and titles;
(4) maintaining vehicle records;
(5) issuing disability certificates and plates;
(6) licensing vehicle dealers;
(7) appointing, monitoring, and auditing deputy registrars; and
(8) inspecting vehicles when required by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
new text end
Sec. 103.
Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:
Subdivision 1.
Members, powers, and duties.
(a) The commissioner is hereby
authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
such assistant supervisors, sergeants and officers as are provided by law, who shall
comprise the Minnesota State Patrol.
(b) The members of the Minnesota State Patrol shall have the power and authority:
(1) as peace officers to enforce the provisions of the law relating to the protection of
and use of trunk highways;
(2) at all times to direct all traffic on trunk highways in conformance with law, and in
the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
traffic on other roads as conditions may require notwithstanding the provisions of law;
(3) to serve search warrants related to criminal motor vehicle and traffic violations
and arrest warrants, and legal documents anywhere in the state;
(4) to serve orders of the commissioner of public safety or the commissioner's duly
authorized agents issued under the provisions of the Driver's License Law, the Safety
Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
in the state and to take possession of any license, permit, or certificate ordered to be
surrendered;
(5) to inspect official brake and light adjusting stations;
(6) to make appearances anywhere within the state for the purpose of conducting
traffic safety educational programs and school bus clinics;
(7) to exercise upon all trunk highways the same powers with respect to the
enforcement of laws relating to crimes, as sheriffs and police officers;
(8) to cooperate, under instructions and rules of the commissioner of public
safety, with all sheriffs and other police officers anywhere in the state, provided that
said employees shall have no power or authority in connection with strikes or industrial
disputes;
(9) to assist and aid any peace officer whose life or safety is in jeopardy;
(10) as peace officers to provide security and protection to the governor, governor
elect, either or both houses of the legislature, and state buildings or property in the manner
and to the extent determined to be necessary after consultation with the governor, or a
designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
have the same powers with respect to the enforcement of laws relating to crimes, as
sheriffs and police officers have within their respective jurisdictions;
(11) to inspect school buses anywhere in the state for the purposes of determining
compliance with vehicle equipment, pollution control, and registration requirements;
(12) as peace officers to make arrests for public offenses committed in their presence
anywhere within the state. Persons arrested for violations other than traffic violations
shall be referred forthwith to the appropriate local law enforcement agency for further
investigation or dispositiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(13) to enforce the North American uniform out-of-service criteria and issue
out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
new text end
(c) The state may contract for State Patrol members to render the services described
in this section in excess of their regularly scheduled duty hours and patrol members
rendering such services shall be compensated in such amounts, manner and under such
conditions as the agreement provides.
(d) Employees thus employed and designated shall subscribe an oath.
Sec. 104.
Minnesota Statutes 2006, section 299D.06, is amended to read:
299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.
(a) Department personnel must be classified employees assigned to the Division of
State Patrol if they are employed to enforce:
(1) laws relating to motor vehicle equipment; school bus equipment; drivers'
licenses; motor vehicle registration; motor vehicle size and weight; motor carrier
insurance, registration, and safety; and motor vehicle petroleum taxes;
(2) Pollution Control Agency rules relating to motor vehicle noise abatement; deleted text begin and
deleted text end
(3) laws relating to directing the movement of vehiclesnew text begin ; and
new text end
new text begin (4) the North American uniform out-of-service criteria and issue out-of-service
orders, as defined in Code of Federal Regulations, title 49, section 383.5new text end .
(b) Employees engaged in these duties, while actually on the job during their
working hours only, shall have power to:
(1) issue citations in lieu of arrest and continued detention; and
(2) prepare notices to appear in court for violation of these laws and rules, in the
manner provided in section 169.91, subdivision 3.
(c) They shall not be armed and, except as provided in this section, shall have none
of the other powers and privileges reserved to peace officers including the power to
enforce traffic laws and regulations.
Sec. 105.
Minnesota Statutes 2006, section 325F.6641, subdivision 1, is amended to
read:
Subdivision 1.
Damage.
(a) If a motor vehicle has sustained damage by collision
or other occurrence which exceeds deleted text begin 70deleted text end new text begin 60 new text end percent of its actual cash value immediately
prior to sustaining damage, the seller must disclose that fact to the buyer, if the seller has
actual knowledge of the damage. The amount of damage is determined by the retail cost
of repairing the vehicle based on a complete written retail repair estimate or invoice,
exclusive of the actual cost incurred to repair, replace, or reinstall inflatable safety
restraints and other vehicle components that must be replaced due to the deployment
of the inflatable safety restraints.
(b) The disclosure required under this subdivision must be made in writing on the
application for title and registration or other transfer document, in a manner prescribed
by the registrar of motor vehicles. The registrar shall revise the certificate of title form,
including the assignment by seller (transferor) and reassignment by licensed dealer
sections of the form, the separate application for title forms, and other transfer documents
to accommodate this disclosure. If the seller is a motor vehicle dealer licensed pursuant to
section 168.27, the disclosure required by this section must be made orally by the dealer to
the prospective buyer in the course of the sales presentation.
(c) Upon transfer and application for title to a vehicle covered by this subdivision,
the registrar shall record the term "rebuilt" on the first Minnesota certificate of title and all
subsequent Minnesota certificates of title used for that vehicle.
Sec. 106.
Minnesota Statutes 2006, section 325F.6641, subdivision 2, is amended to
read:
Subd. 2.
Form of disclosure.
The disclosure required in this section must be made
in substantially the following form: "To the best of my knowledge, this vehicle has .....
has not ..... sustained damage, exclusive of any costs to repair, replace, or reinstall air bags
and other components that were replaced due to deployment of air bags, in excess of
deleted text begin 70deleted text end new text begin 60new text end percent actual cash value."
Sec. 107.
Minnesota Statutes 2006, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $72
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surchargenew text begin ,new text end new text begin and other than a violation of section
169.686, for which there shall be a $25 surchargenew text end . In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 9, 2008, and applies to acts
committed on or after that date.
new text end
Sec. 108.
Minnesota Statutes 2006, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of finance.
(a) Except
as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner
of finance shall credit $44 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the $4 parking surcharge, to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of
the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
new text begin
(e) Notwithstanding paragraphs (b) and (c), the commissioner of finance shall
disburse the entire surcharge received under subdivision 6 for violations of section
169.686 as provided in paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 9, 2008, and applies to acts
committed on or after that date.
new text end
Sec. 109.
Minnesota Statutes 2006, section 465.74, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Facility relocation costs. new text end
new text begin
Notwithstanding any contrary provisions in
section 237.163, and rules adopted under that section, district heating and district cooling
nonprofit corporations organized under chapter 317A that are exempt organizations
under section 501(c)(3) of the United States Internal Revenue Code and that are public
right-of-way users under Minnesota Rules, chapter 7819, are eligible to receive grants
and federal money for costs of relocating facilities from public rights-of-way to prevent
interference with public light rail projects, unless eligibility would impact the project's
Federal Transit Authority required cost effectiveness index.
new text end
Sec. 110.
Minnesota Statutes 2006, section 473.13, subdivision 1a, is amended to read:
Subd. 1a.
Program evaluation.
The budget procedure of the council must include a
substantive assessment and evaluation of the effectiveness of each significant program of
the council, with, to the extent possible, quantitative information on the status, progress,
costs, benefits, and effects of each program. new text begin An assessment of progress towards meeting
transit goals for people with disabilities must be included, with required elements
including, but not limited to:
new text end
new text begin
(1) a description of proposed program enhancements;
new text end
new text begin
(2) an assessment of progress;
new text end
new text begin
(3) identification of the estimated total number of potential and actual riders who are
disabled;
new text end
new text begin
(4) an assessment of the level and type of service required to meet unmet ridership
needs; and
new text end
new text begin
(5) an analysis of costs and revenue options, including a calculation of the amounts
of surplus or insufficient funds available for achieving paratransit needs.
new text end
The council shall transmit the evaluation to the legislature annually.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 111.
Minnesota Statutes 2006, section 473.388, subdivision 2, is amended to read:
Subd. 2.
Replacement service; eligibility.
new text begin (a) new text end The council may provide assistance
under the program to a statutory or home rule charter city or town or combination thereof,
that:
deleted text begin (a)deleted text end new text begin (1)new text end is located in the metropolitan transit taxing district;
deleted text begin (b)deleted text end new text begin (2)new text end is not served by the council bus service or is served only with council bus
routes which begin or end within the applying city or town or combination thereof; and
deleted text begin (c)deleted text end new text begin (3)new text end has fewer than four scheduled runs of council bus service during off-peak
hours deleted text begin defined in section 473.408, subdivision 1deleted text end .
new text begin (b) new text end Eligible cities or towns or combinations thereof may apply on behalf of a transit
operator with whom they propose to contract for service.
new text begin (c) new text end The council may not provide assistance under this section to a statutory or home
rule charter city or town unless the city or towndeleted text begin ,deleted text end new text begin :
new text end
deleted text begin (i)deleted text end new text begin (1) new text end was receiving assistance under Minnesota Statutes 1982, section 174.265 by
July 1, 1984deleted text begin ,deleted text end new text begin ;new text end
deleted text begin (ii)deleted text end new text begin (2) new text end had submitted an application for assistance under that section by July 1,
1984deleted text begin ,deleted text end new text begin ;new text end or
deleted text begin (iii)deleted text end new text begin (3) new text end had submitted a letter of intent to apply for assistance under that section by
July 1, 1984, and deleted text begin submitsdeleted text end new text begin submittednew text end an application for assistance under this section by
July 1, 1988. A statutory or home rule charter city or town has an additional 12-month
extension if it notified the former regional transit board before July 1, 1988, that the city or
town is in the process of completing a transportation evaluation study that includes an
assessment of the local transit needs of the city or town.
new text begin
(d) Nothing in this section prevents a local governmental unit from providing public
transit service that extends outside of the metropolitan transit taxing district.
new text end
new text begin
(e) For purposes of this subdivision, "off-peak hours" means the time from 9:00 a.m.
to 3:30 p.m. and 6:30 p.m. until the last bus on Monday through Friday of each week, and
all day Saturday, Sunday, and holidays designated by the council.
new text end
Sec. 112.
Minnesota Statutes 2006, section 473.446, subdivision 2, is amended to read:
Subd. 2.
Transit taxing district.
The metropolitan transit taxing district deleted text begin is hereby
designated as that portion of the metropolitan transit area lying within the following
named cities, towns, or unorganized territory within the counties indicated:
deleted text end
deleted text begin
(a) Anoka County. Anoka, Blaine, Centerville, Columbia Heights, Coon Rapids,
Fridley, Circle Pines, Hilltop, Lexington, Lino Lakes, Spring Lake Park;
deleted text end
deleted text begin
(b) Carver County. Chanhassen, the city of Chaska;
deleted text end
deleted text begin
(c) Dakota County. Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lilydale,
Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake, West St. Paul;
deleted text end
deleted text begin
(d) Ramsey County. All of the territory within Ramsey County;
deleted text end
deleted text begin
(e) Hennepin County. Bloomington, Brooklyn Center, Brooklyn Park, Champlin,
Chanhassen, Crystal, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley,
Greenwood, Hopkins, Long Lake, Maple Grove, Medicine Lake, Minneapolis,
Minnetonka, Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth, Richfield,
Robbinsdale, St. Anthony, St. Louis Park, Shorewood, Spring Park, Tonka Bay, Wayzata,
Woodland, the unorganized territory of Hennepin County;
deleted text end
deleted text begin
(f) Scott County. Prior Lake, Savage, Shakopee;
deleted text end
deleted text begin (g) Washington County. Baytown, the city of Stillwater, White Bear Lake, Bayport,
Birchwood, Cottage Grove, Dellwood, Lake Elmo, Landfall, Mahtomedi, Newport,
Oakdale, Oak Park Heights, Pine Springs, St. Paul Park, Willernie, Woodburydeleted text end new text begin means the
metropolitan areanew text end .
The Metropolitan Council in its sole discretion may provide transit service by
contract deleted text begin beyond the boundaries of the metropolitan transit taxing district ordeleted text end to cities and
towns deleted text begin within the taxing districtdeleted text end which are receiving financial assistance under section
473.388, upon petition therefor by an interested city, township or political subdivision
within the metropolitan transit area. The Metropolitan Council may establish such
terms and conditions as it deems necessary and advisable for providing the transit
service, including such combination of fares and direct payments by the petitioner as
will compensate the council for the full capital and operating cost of the service and the
related administrative activities of the council. The amount of the levy made by any
municipality to pay for the service shall be disregarded when calculation of levies subject
to limitations is made, provided that cities and towns receiving financial assistance under
section 473.388 shall not make a special levy under this subdivision without having first
exhausted the available local transit funds as defined in section 473.388. The council shall
not be obligated to extend service deleted text begin beyond the boundaries of the taxing district, ordeleted text end to cities
and towns within the taxing district which are receiving financial assistance under section
473.388, under any law or contract unless or until payment therefor is received.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2009 and
thereafter.
new text end
Sec. 113.
Minnesota Statutes 2006, section 473.446, subdivision 8, is amended to read:
Subd. 8.
State review.
The commissioner of revenue shall certify the council's levy
limitation under this section to the council by August 1 of the levy year. The council
must certify its proposed property tax levy under this section to the commissioner of
revenue by September 1 of the levy year. The commissioner of revenue shall annually
determine whether the property tax for transit purposes certified by the council for levy
following the adoption of its proposed budget is within the levy limitation imposed by
deleted text begin subdivisionsdeleted text end new text begin subdivision new text end 1 deleted text begin and 1bdeleted text end . deleted text begin The commissioner shall also annually determine
whether the transit tax imposed on all taxable property within the metropolitan transit area
but outside of the metropolitan transit taxing district is within the levy limitation imposed
by subdivision 1a.deleted text end The determination must be completed prior to September 10 of each
year. If current information regarding market valuation in any county is not transmitted to
the commissioner in a timely manner, the commissioner may estimate the current market
valuation within that county for purposes of making the calculations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2009 and
thereafter.
new text end
Sec. 114.
Laws 1976, chapter 199, section 14, subdivision 1, as amended by Laws
1984, chapter 572, section 3, subdivision 1, is amended to read:
Subdivision 1.
Safety regulation study.
The commissioner of transportation, with
the cooperation of representatives of regional and local units of government and law
enforcement agencies, the state trail council, the Governor's trail advisory committee, the
commissioner of public safety, highway user groups and associations, and cycling groups
and associations shall review and analyze problems relating to the operation of bicycles on
the public roads and ways.
As part of this review and analysis the commissioner shall review the Minnesota
motor vehicle code to identify provisions which give motorists and bicyclists inadequate
guidelines where such traffic conflicts or which may be inconsistent or ambiguous when
applied to traffic situations involving special bicycle facilities within or adjacent to public
streets and highways.
No later than January 15, 1977 the commissioner shall report the results of this
review and analysis and recommendations for any necessary action to the legislative
committees having jurisdiction over the subject.
deleted text begin
Following the completion of the study the advisory committee on bicycling formed
by the commissioner under this subdivision shall continue to function under that name in
an advisory capacity to make recommendations to the commissioners of transportation and
public safety and the legislature on bicycle safety and bicycle education and development
programs.
deleted text end
Sec. 115.
Laws 2002, chapter 393, section 85, is amended to read:
Sec. 85. DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.
Subdivision 1.
Definition.
For purposes of this section, "Dan Patch commuter rail
line" means the commuter rail line between Northfield and Minneapolis identified in the
metropolitan council's transit 2020 master plan as the Dan Patch line.
Subd. 2.
Metropolitan council; prohibitions.
The metropolitan council must not
take any action or spend any money for deleted text begin study, planning,deleted text end preliminary engineering, final
design, or construction for the Dan Patch commuter rail line. deleted text begin The council must remove
all references, other than references for historical purposes, to the Dan Patch commuter
rail line from any future revisions to the council's transportation development guide and
the council's regional transit master plan.deleted text end
Subd. 3.
Commissioner of transportation.
The commissioner of transportation
must not expend any money for deleted text begin study, planning,deleted text end preliminary engineering, final design,
or construction for the Dan Patch commuter rail line. deleted text begin The commissioner must remove
all references, other than references for historical purposes, to the Dan Patch commuter
rail line from any future revisions to the state transportation plan and the commissioner's
commuter rail system plan.deleted text end
Subd. 4.
Regional rail authorities.
No regional rail authority may expend any
money for deleted text begin study, planning,deleted text end preliminary engineering, final design, or construction for
the Dan Patch commuter rail line.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 116. new text begin LAFAYETTE BRIDGE.
new text end
new text begin
The commissioner of transportation shall ensure that design, construction, and
environmental documentation of the reconstruction or improvement of the Lafayette
Bridge segment of U.S. Highway 52 include bridge footings that will accommodate future
implementation of transit.
new text end
Sec. 117. new text begin CREATION OF PLAN, REPORTS, AND ASSESSMENTS.
new text end
new text begin
The Department of Transportation and the Metropolitan Council shall create the
plan, reports, and assessments required in Minnesota Statutes, sections 174.24, subdivision
1a; 174.247; and 473.13, subdivision 1a, within current appropriation levels.
new text end
Sec. 118. new text begin REPORT ON URBAN PARTNERSHIP AGREEMENT.
new text end
new text begin
By January 15, 2009, and on January 15 each year through 2014, the commissioner
of transportation, in conjunction with the Metropolitan Council, shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation concerning the status of the state's participation in the urban partnership
agreement. The report must:
new text end
new text begin
(1) present the elements of congestion reduction strategies to be implemented under
the urban partnership agreement;
new text end
new text begin
(2) summarize average daily traffic and congestion levels on affected roadways;
new text end
new text begin
(3) summarize transit usage in affected corridors;
new text end
new text begin
(4) identify the costs of participation and the sources of funding secured or to be
secured;
new text end
new text begin
(5) include information on revenues and expenditures under the urban partnership
agreement;
new text end
new text begin
(6) summarize any user fees collected on I-35W high-occupancy vehicle and
dynamic shoulder lanes; and
new text end
new text begin
(7) recommend any further legislative action necessary for the successful
implementation and operation of the urban partnership agreement.
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. 119. new text begin HIGHWAY CONSTRUCTION IN ROCHESTER.
new text end
new text begin
(a) The commissioner of transportation shall proceed without delay to issue to the
city of Rochester the necessary permits that allow the city to complete the construction
of a new interchange at marked Trunk Highway 52 and 65th Street NW in the city of
Rochester. The commissioner shall review the environmental documentation prepared
by the city in a timely manner and shall issue the necessary construction permits without
delay upon the issuance of a finding of no significant impact. The entire cost of the 65th
Street NW interchange design, right-of-way acquisition, and construction shall be the
responsibility of the city of Rochester.
new text end
new text begin
(b) The entire cost of the 55th Street NW interchange design, right-of-way
acquisition, and construction shall be the responsibility of the state.
new text end
Sec. 120. new text begin U.S. OPEN SPECIAL TEMPORARY PERMITS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Committee" means the 2008 U.S. Women's Open
Committee.
new text end
new text begin
(b) "Commissioner" means the commissioner of public safety.
new text end
new text begin Subd. 2. new text end
new text begin Issuance and design. new text end
new text begin
Notwithstanding Minnesota Statutes, section
168.1293, upon the request of the committee, the commissioner shall issue to the
committee a minimum of 250 special temporary permits for use in connection with
the 2008 United States Golf Association Women's Open Championship. The special
temporary permits must be of a design approved by the commissioner after consultation
with the committee. The permits may be displayed only on a passenger vehicle, the use
of which has been donated for the open championship by the vehicle manufacturer. The
permits are valid from the date of issuance until July 4, 2008.
new text end
new text begin Subd. 3. new text end
new text begin Fees. new text end
new text begin
The commissioner shall collect a fee of $10 for each pair of special
temporary permits issued under this section. All fees received under this section must
be deposited in the special revenue fund and credited to the vehicle services operating
account.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
In requesting special temporary permits under this section,
the committee shall provide the following information to the commissioner at least 60
days before the start of the period for which the permits are requested:
new text end
new text begin
(1) the dates of the period for which the permits are requested;
new text end
new text begin
(2) the name, address, and telephone number of an authorized representative of
the committee;
new text end
new text begin
(3) the quantity of permits requested; and
new text end
new text begin
(4) a certification that the insurance required under Minnesota Statutes, section
65B.49, subdivision 3, will be provided for each vehicle for which special temporary
permits are provided under this section.
new text end
new text begin Subd. 5. new text end
new text begin Liability. new text end
new text begin
If a parking violation citation is issued for a violation committed
by a driver of a vehicle displaying special temporary permits issued under this section,
the committee is liable for the amount of fine, penalty assessment, late payment penalty,
or cost of warrants issued in connection with the violation unless, within 15 days after
receiving knowledge of the violation, the committee provides to the issuing authority the
following information to the extent available: the driver's full name; home address; local
address, if any; license number; and employer's name and address. If the committee
is relieved of liability under this subdivision, the person who committed the violation
remains liable for the violation.
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. 121. new text begin ENGINE BRAKES; REGULATION BY MINNEAPOLIS.
new text end
new text begin
Notwithstanding any other law or charter provision, the governing body of the city
of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor
vehicles along Legislative Route No. 107, also known as marked Interstate Highway 394,
beginning at the South Penn Avenue interchange in the city of Minneapolis and thence
extending easterly to the terminus of marked Interstate Highway 394. Upon notification
to the commissioner of transportation by the city of Minneapolis, 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. 122. new text begin ROAD CONSTRUCTION PROJECT CONTRACT AWARD.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
This section applies only to a cooperative road
construction project described as state project number 6915-129, located on Trunk
Highway No. 53, and certain intersecting and adjoining local roads.
new text end
new text begin Subd. 2. new text end
new text begin Federal project funding. new text end
new text begin
The commissioner of transportation shall make
all reasonable efforts, as promptly as possible, to obtain from the Federal Highway
Administration a commitment to provide federal-aid highway funding for the state and
local units of government involved in state project number 6915-129.
new text end
new text begin Subd. 3. new text end
new text begin Local approval. new text end
new text begin
The county of St. Louis and the cities of Duluth and
Hermantown shall execute all necessary documents, including cooperative construction
agreements.
new text end
new text begin Subd. 4. new text end
new text begin Contract award. new text end
new text begin
Upon receipt of all necessary documents signifying
participation of affected local government units, and receipt of assurance of federal-aid
highway funding for the project, the commissioner of transportation shall award a contract
for construction of the project to the lowest bidder among the bids that were submitted for
the project as described in the plans, standard specifications for construction, and special
provisions for state project number 6915-129 as represented in the bidding documents on
file in the office of the commissioner of transportation for advertisement for bids on May
16, 2008, and reflecting revised contract time, project staging, and modifications.
new text end
new text begin Subd. 5. new text end
new text begin Contract execution. new text end
new text begin
The lowest bidder may execute the awarded contract
no later than ten days after the contract is awarded. If the lowest bidder does not execute
the contract within ten days, and waives all claims arising out of any delays connected to
the award of the contract and occurring before execution of the contract, the commissioner
may readvertise for bids and award the contract as provided in Minnesota Statutes,
section 161.32.
new text end
new text begin Subd. 6. new text end
new text begin Contract terms. new text end
new text begin
The commissioner may amend the contract as provided
in the standard specifications for construction. The contract pay items described in the
awarded contract for state project number 6915-129 must retain the same unit price
specified in the lowest bid received on January 25, 2008, with a contract amount equal
to the product of the specified unit prices as bid on January 25, 2008, and the pay item
quantities. Pay items in the contract for state project number 6915-129 that are described
only in the bidding documents on file in the office of the commissioner of transportation
for advertisement on May 16, 2008, must be paid for as "extra work" as provided by
standard specification for construction number 1403.
new text end
new text begin Subd. 7. new text end
new text begin Federal funding. new text end
new text begin
The commissioner of transportation shall proceed
with state project number 6915-129, unless a final determination is made by the federal
government that costs of this project will not be reimbursed with federal-aid highway
funds.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivision 3 is effective the day after the governing bodies
of St. Louis County, the city of Duluth, and the city of Hermantown and their chief clerical
officers comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3. The
remaining subdivisions in this section are effective the day following final enactment.
new text end
Sec. 123. new text begin HIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES;
REVISOR INSTRUCTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Legislative Route No. 295 removed. new text end
new text begin
(a) Minnesota Statutes,
section 161.115, subdivision 226, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and the city of
St. Peter to transfer jurisdiction of Legislative Route No. 295 to the city of St. Peter and
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 in
writing that the conditions required to transfer the route are satisfied.
new text end
new text begin Subd. 2. new text end
new text begin Legislative Route No. 335 removed. new text end
new text begin
(a) Minnesota Statutes, section
161.115, subdivision 266, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and the city of
St. Peter to transfer jurisdiction of Legislative Route No. 335 to the city of St. Peter and
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 in
writing that the conditions required to transfer the route are satisfied.
new text end
Sec. 124. new text begin INFRASTRUCTURE ADAPTATIONS.
new text end
new text begin
The commissioner of transportation shall investigate and recommend opportunities
for infrastructure adaptations to accommodate the implementation of manure application
technologies that lessen impacts on roads and bridges.
new text end
Sec. 125. new text begin REPORT ON OFFICE OF PUPIL TRANSPORTATION SAFETY.
new text end
new text begin
By January 15, 2009, the commissioner of pupil transportation safety and the director
of pupil transportation safety must report to the chairs and ranking minority members of
the senate and house of representatives committees with jurisdiction over transportation
and education policy and finance concerning the Office of Pupil Transportation Safety,
including adequacy of funding, staffing levels, available technology to carry out the
requirements of Minnesota Statutes, section 169.435, and any recommended legislation to
improve the ability of the pupil transportation safety director to perform statutory duties.
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. 126. new text begin COMPLETE STREETS.
new text end
new text begin
The commissioner of transportation, in cooperation with the Metropolitan Council
and representatives of counties, statutory and home rule charter cities, and towns, shall
study the benefits, feasibility, and cost of adopting a complete streets policy applicable to
plans to construct, reconstruct, and relocate streets and roads that includes the following
elements:
new text end
new text begin
(1) safe access for all users, including pedestrians, bicyclists, motorists, and transit
riders;
new text end
new text begin
(2) bicycle and pedestrian ways in urbanized areas except where bicyclists and
pedestrians are prohibited by law, where costs would be excessively disproportionate, and
where there is no need for bicycle and pedestrian ways;
new text end
new text begin
(3) paved shoulders on rural roads;
new text end
new text begin
(4) safe pedestrian travel, including for people with disabilities, on sidewalks and
street crossings;
new text end
new text begin
(5) utilization of the latest and best design standards; and
new text end
new text begin
(6) consistency of complete streets plan with community context.
new text end
new text begin
The commissioner shall report findings, conclusions, and recommendations to
the senate Transportation Budget and Policy Division and the house of representatives
Transportation Finance Division and Transportation and Transit Policy Subcommittee by
December 5, 2008.
new text end
Sec. 127. new text begin RIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any
other law to the contrary, the trunk highway right-of-way described in paragraph (b) is
hereby transferred to the state rail bank under Minnesota Statutes, section 222.63, being
a certain parcel of land located in the county of Otter Tail, state of Minnesota, being
more particularly described in paragraph (b).
new text end
new text begin
(b) All of Tracts A, B, and C described below:
new text end
new text begin
TRACT A
new text end
new text begin
That part of Government Lot 1 of Section 12, Township 132 North, Range
43 West, Otter Tail County, Minnesota, lying Northeasterly of the former
Southwesterly right-of-way line of the BNSF Railway Company (formerly the
St. Paul, Minneapolis and Manitoba Railway Company);
new text end
new text begin
TRACT B
new text end
new text begin
A strip of land 150 feet in width, being 75 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the SW1/4NW1/4 of Section 12,
Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
extending from the South line to the West line of said SW1/4NW1/4; together
with that part of said SW1/4NW1/4 adjoining and Westerly of the above
described strip and Easterly of the Easterly right-of-way line of said railroad
company as located prior to 1888;
new text end
new text begin
TRACT C
new text end
new text begin
A strip of land 100 feet in width, being 50 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the E1/2NE1/4 of Section 11,
Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
extending from the East to the North line of said E1/2NE1/4;
new text end
new text begin
together with that part of Tract D described below:
new text end
new text begin
TRACT D
new text end
new text begin
A strip of land 100 feet in width, being 50 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the E1/2 of Section 2, Township 132
North, Range 43 West, Otter Tail County, Minnesota;
new text end
new text begin
which lies Southeasterly of a line run parallel with and distant 135 feet Southeasterly of
Line 1 described below:
new text end
new text begin
LINE 1.
new text end
new text begin
Beginning at a point on the North and South Quarter line of said Section 2,
distant 1,060.11 feet North of the South Quarter corner thereof; thence run
Northeasterly at an angle of 72°36'15" (measured from North to East) from said
North and South Quarter line for 1,600 feet and there terminating;
new text end
new text begin
together with all right of access, being the right of ingress to and egress from that part of
Tract D hereinbefore described, not acquired herein, to the above described strip.
new text end
Sec. 128. new text begin APPROPRIATION.
new text end
new text begin
$1,000,000 is appropriated from the trunk highway fund to the commissioner
of public safety in fiscal year 2009 to implement and operate the Office of Pupil
Transportation Safety.
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. 129. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 161.3426, subdivision 2; 168.123, subdivision 2a;
169.145; 169.446, subdivision 3; 221.121, subdivision 4; and 473.4461,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
TRANSPORTATION DEVELOPMENT
Section 1.
Minnesota Statutes 2006, section 161.081, subdivision 3, as amended by
Laws 2008, chapter 152, article 6, section 4, is amended to read:
Subd. 3.
Flexible highway account; deleted text begin turnbackdeleted text end new text begin othernew text end accounts.
(a) The flexible
highway account is created in the state treasury. deleted text begin Money indeleted text end The deleted text begin accountdeleted text end new text begin commissionernew text end
shall deleted text begin be useddeleted text end :
(1) new text begin annually transfer new text end in fiscal years deleted text begin 2009 anddeleted text end 2010new text begin and 2011new text end , 100 percent of the
excess sum, deleted text begin as calculated in paragraph (i),deleted text end and in fiscal years deleted text begin 2011deleted text end new text begin 2012new text end and thereafter, 50
percent of the excess sum, deleted text begin as calculated in paragraph (i), for counties in the metropolitan
area, as defined in section 473.121, subdivision 4, but for the purposes of the calculation
cities of the first class will be excluded in the metropolitan area; anddeleted text end new text begin to the metropolitan
routes of regional significance account under subdivision 4; andnew text end
(2) deleted text begin ofdeleted text end new text begin expendnew text end the amount available in the flexible highway account deleted text begin less the amountdeleted text end new text begin ,
after the transfernew text end under clause (1), as determined by the commissioner under this deleted text begin sectiondeleted text end new text begin
subdivision,new text end for:
(i) restoration of former trunk highways that have reverted to counties or to statutory
or home rule charter cities, or for trunk highways that will be restored and subsequently
turned back by agreement between the commissioner and the local road authority;
(ii) safety improvements on county highways, municipal highways, streets, or town
roads; and
(iii) new text begin statewide new text end routes of regional significance.
(b) For purposes of this subdivision, "restoration" means the level of effort required
to improve the route that will be turned back to an acceptable condition as determined
by agreement made between the commissioner and the county or city before the route
is turned back.
(c) The commissioner shall review the need for funds to restore highways that have
been or will be turned back. The commissioner shall determine, on a biennial basis, the
percentage of funds in the flexible highway account to be distributed to each district,
and within each district the percentage to be used for each of the purposes specified in
paragraph (a)new text begin , clause (2)new text end . Money in the account may be used for safety improvements
and routes of regional significance only after money is set aside to restore the identified
turnbacks. The commissioner shall make these determinations only after meeting and
holding discussions with committees selected by the statewide associations of both county
commissioners and municipal officials. The commissioner shall, to the extent feasible,
annually allocate 50 percent of the funds in the flexible highway account new text begin under paragraph
(a), clause (2), new text end to the department's metropolitan district, and 50 percent to districts in
greater Minnesota.
(d) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to cities must be deposited in the municipal turnback account, which is
created in the state treasury.
(e) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to counties must be deposited in the county turnback account, which is
created in the state treasury.
(f) Money that will be used for safety improvements must be deposited in the
highway safety improvement account, which is created in the state treasury to be used
as grants to statutory or home rule charter cities, towns, and counties to assist in paying
the costs of constructing or reconstructing city streets, county highways, or town roads
to reduce crashes, deaths, injuries, and property damage.
(g) Money that will be used for new text begin statewide new text end routes of regional significance must be
deposited in the new text begin statewide new text end routes of regional significance account, which is created in
the state treasury, and used as grants to statutory or home rule charter cities, towns, and
counties to assist in paying the costs of constructing or reconstructing city streets, county
highways, or town roads with statewide or regional significance that have not been fully
funded through other state, federal, or local funding sources.
(h) As part of each biennial budget submission to the legislature, the commissioner
shall describe how the money in the flexible highway account will be apportioned among
the county turnback account, the municipal turnback account, the trunk highway fund for
routes turned back to local governments by agreement, the highway safety improvement
account, and the new text begin statewide new text end routes of regional significance account.
deleted text begin
(i) The excess sum is calculated as the sum of revenue within the flexible highway
account:
deleted text end
deleted text begin
(1) attributed to that portion of the gasoline excise tax rate under section 296A.07,
subdivision 3, in excess of 20 cents per gallon, and to that portion of the excise tax rates
in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
for E85 and M85 under section 296A.07, subdivision 3, and special fuel under section
296A.08, subdivision 2;
deleted text end
deleted text begin
(2) attributed to a change in the passenger vehicle registration tax under section
168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
the calendar year previous to the current calendar year, divided by the annual average
United States Consumer Price Index for calendar year 2007; and
deleted text end
deleted text begin
(3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
percentage allocated to the flexible highway account in fiscal year 2007.
deleted text end
deleted text begin
(j) For purposes of this subdivision, the United States Consumer Price Index
identified in paragraph (i), clause (2), is for all urban consumers, United States city
average, as determined by the United States Department of Labor.
deleted text end
Sec. 2.
Minnesota Statutes 2006, section 161.081, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Metropolitan routes of regional significance account. new text end
new text begin
(a) For purposes
of this subdivision, the following terms have the meanings given them:
new text end
new text begin
(1) "metropolitan area" has the meaning given in section 473.121, subdivision 4; and
new text end
new text begin
(2) "population" has the meaning given in section 477A.011, subdivision 3, except
that it excludes the three most populous cities in the metropolitan area.
new text end
new text begin
(b) The metropolitan routes of regional significance account is created in the state
treasury. Funds in the account are for allocation to metropolitan counties to assist in
paying the costs of construction, reconstruction, or maintenance of county highways with
statewide or regional significance that have not been fully funded through other state,
federal, or local funding sources.
new text end
new text begin
(c) The commissioner shall allocate funds in the account to counties in the
metropolitan area so that each county receives an amount proportional to the percentage
that its population, estimated or established by July 15 of the year prior to the current
calendar year, bears to the total population of the counties receiving funds under this
subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 3.
Minnesota Statutes 2006, section 161.081, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Excess sum. new text end
new text begin
(a) For purposes of this section, "excess sum" means an
amount calculated by the commissioner as the sum of revenue within the flexible highway
account:
new text end
new text begin
(1) attributed to that portion of the gasoline excise tax rate under section 296A.07,
subdivision 3, in excess of 20 cents per gallon, and to that portion of the excise tax rates
in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
for E85 and M85 under section 296A.07, subdivision 3, and special fuel under section
296A.08, subdivision 2;
new text end
new text begin
(2) attributed to a change in the passenger vehicle registration tax under section
168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
the calendar year previous to the current calendar year, divided by the annual average
United States Consumer Price Index for calendar year 2007; and
new text end
new text begin
(3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
percentage allocated to the flexible highway account in fiscal year 2007.
new text end
new text begin
(b) For purposes of this subdivision, the United States Consumer Price Index
identified in paragraph (a), clause (2), is for all urban consumers, United States city
average, as determined by the United States Department of Labor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 4.
Laws 2008, chapter 152, article 1, section 6, is amended to read:
Sec. 6. VALUE CAPTURE STUDY; APPROPRIATION.
Subdivision 1.
Findings.
The legislature finds that large public investments in state
transportation infrastructure, such as constructing freeway interchanges, new highways,
and rail transit stations, can result in surrounding private land and other property increasing
in value, sometimes by substantial amounts. The special assessment law, Minnesota
Statutes, chapter 429, provides a method for local governments to use similar private or
special benefits to help finance local streets, roads, and other transportation improvements.
However, the law does not provide the state with a similar financing mechanism and
the nature of a large state transportation project may suggest that alternative financing
mechanisms are more appropriate.
Subd. 2.
Appropriation; study.
$325,000 is appropriated from the general fund to
the Board of Regents of the University of Minnesota for the Center for Transportation
Studies to complete a study to assess the public policy implications of financing new and
improved transportation infrastructure in Minnesota through capturing the value of the
benefits created, to prepare a report on its findings, and to conduct a series of workshops.
This is a onetime appropriation and is available in fiscal years 2008 deleted text begin anddeleted text end new text begin ,new text end 2009new text begin , and 2010new text end .
Subd. 3.
Report; workshops.
The Center for Transportation Studies must report its
preliminary findings to the legislature by March 1, 2009, and must issue its full report
by July 1, 2009. The Center for Transportation must also offer a series of educational
workshops for elected officials during the summer and fall of 2009.
Sec. 5.
Laws 2008, chapter 152, article 2, section 1, is amended to read:
Section 1.
[296A.083] DEBT SERVICE SURCHARGE.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have
the meanings given them:
(1) "debt service" means the amount of principal and interest in each fiscal year
attributable to the trunk highway bonds authorized in this article; and
(2) "surcharge" means the rate imposed under this section on gasoline taxed under
section 296A.07, subdivision 3, clause (3), and includes a proportional rate for each type
of fuel taxed under sections 296A.07, subdivision 3, clauses (1) and (2), and 296A.08,
subdivision 2.
Subd. 2.
Debt service forecast.
On June 30, 2008, and each March 1 thereafter, the
commissioner of finance shall report to the commissioner of revenue on trunk highway
debt service. The report must include the annual amount of revenue from the surcharge
previously deleted text begin deposited indeleted text end new text begin transferred tonew text end the trunk highway fund, and a forecast of the total
and annual amounts necessary to pay the remaining debt service.
Subd. 3.
Surcharge rate.
(a) By July 16, 2008, and each April 1 thereafter, the
commissioner of revenue shall calculate and publish a surcharge as provided in paragraphs
(b) and (c). The surcharge is imposed from August 1, 2008, through June 30, 2009, and
each new surcharge thereafter is imposed the following July 1 through June 30.
(b) For fiscal years 2009 through 2012, the commissioner shall set the surcharge as
specified in the following surcharge rate schedule.
| Surcharge Rate Schedule |
||
| Fiscal Year |
Rate (in cents per gallon) |
|
| 2009 |
0.5 |
|
| 2010 |
2.1 |
|
| 2011 |
2.5 |
|
| 2012 |
3.0 |
|
(c) For fiscal year 2013 and thereafter, the commissioner shall set the surcharge at
the lesser of (1) 3.5 cents, or (2) an amount calculated so that the total proceeds from the
surcharge deposited in the trunk highway fund from fiscal year 2009 to the upcoming
fiscal year equals the total amount of debt service from fiscal years 2009 to 2039, and the
surcharge is rounded to the nearest 0.1 cent.
new text begin Subd. 4. new text end
new text begin Surcharge administration. new text end
new text begin
The audit, assessment, appeal, collection,
enforcement, penalty, interest, refund and administrative provisions that apply to the taxes
in chapter 296A apply to the surcharge imposed by this section. The surcharge is not to be
used in calculating the credit in section 296A.16, subdivision 5.
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. 6.
Laws 2008, chapter 152, article 2, section 3, subdivision 2, is amended to read:
Subd. 2.State Road Construction
|
1,717,694,000 |
|||||
(a) For the actual construction,
reconstruction, and improvement of
trunk highways, including design-build
contracts and consultant usage to support
these activities. This includes the cost
of actual payments to landowners for
lands acquired for highway rights-of-way,
payments to lessees, interest subsidies, and
relocation expenses. This appropriation is in
the following amounts:
(1) $417,694,000 in fiscal year 2009, and the
commissioner may use up to $71,008,000 of
this amount for program delivery;
(2) $500,000,000 in fiscal year 2010, and the
commissioner may use up to $85,000,000 of
this amount for program delivery; and
(3) $100,000,000 in each fiscal year for
fiscal years 2011 through 2018, and the
commissioner may use up to $17,000,000 of
the amount in each fiscal year for program
delivery.
(b) Of the amount in fiscal year 2009,
$40,000,000 is for construction of
interchangesnew text begin and intersectionsnew text end involving
a trunk highway, where the interchangenew text begin
or intersectionnew text end will promote economic
development, increase employment, relieve
growing traffic congestion, and promote
traffic safety. The amount under this
paragraph must be allocated 50 percent to
the department's metropolitan district, and 50
percent to districts in greater Minnesota.
(c) Of the amount in fiscal years 2009
and 2010, the commissioner shall use
$300,000,000 each year for predesign,
design, preliminary engineering,
right-of-way acquisition,new text begin reasonable
approaches,new text end construction, reconstruction,
and maintenance of bridges in the trunk
highway bridge improvement program under
Minnesota Statutes, section 165.14.
(d) Of the total appropriation under this
subdivision, the commissioner shall use at
least $50,000,000 for accelerating transit
facility improvements on or adjacent to trunk
highways.
(e) Of the total appropriation under this
subdivision provided to the Department of
Transportation's district 7, the commissioner
shall first expend funds as necessary to
accelerate all projects that (1) are on a trunk
highway classified as a medium priority
interregional corridor, (2) are included in the
district's long-range transportation plan, but
are not included in the state transportation
improvement program or the ten-year
highway work plan, and (3) expand capacity
from a two-lane highway to a freeway
or expressway, as defined in Minnesota
Statutes, section 160.02, subdivision 19. The
commissioner shall establish as the highest
priority under this paragraph any project that
currently has a final environmental impact
statement completed. The requirement
under this paragraph does not change the
department's funding allocation process
or the amount otherwise allocated to each
transportation district.
Sec. 7.
Laws 2008, chapter 152, article 3, section 1, the effective date, is amended to
read:
EFFECTIVE DATE.
This section is effective the day following final enactment,
and applies to any annual additional tax for a registration period that starts on or after
September 1, 2008deleted text begin , through August 31, 2009deleted 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. 8.
Laws 2008, chapter 152, article 3, section 8, is amended to read:
Sec. 8.
Minnesota Statutes 2006, section 297A.815, is amended by adding a
subdivision to read:
Subd. 3.
Motor vehicle lease sales tax revenue.
(a) For purposes of this
subdivision, "net revenue" means an amount equal to:
(1) the revenues, including interest and penalties, collected under section 297A.815,
during the fiscal year; less
(2) the estimated reduction in individual income tax receipts and the estimated
amount of refunds paid out under section 290.06, subdivision 34, for the fiscal year.
(b) On or before June 30 of each fiscal year, the commissioner of revenue shall
estimate the amount of the revenues and subtraction under paragraph (a) for the current
fiscal year.
(c) On or after July 1 of the subsequent fiscal year, the commissioner of finance shall
transfer the net revenue as estimated in paragraph (b) from the general fund, as follows:
(1) 50 percent to the greater Minnesota transit account; and
(2) 50 percent to the deleted text begin county state-aid highway fund. Notwithstanding any other law
to the contrary, the commissioner of transportation shall allocate the funds transferred
under this clause to the counties in the metropolitan area, as defined in section 473.121,
subdivision 4, excluding the counties of Hennepin and Ramsey, so that each county shall
receive of such amount the percentage that its population, as defined in section 477A.011,
subdivision 3, estimated or established by July 15 of the year prior to the current calendar
year, bears to the total population of the counties receiving funds under this clausedeleted text end new text begin
metropolitan routes of regional significance account under section 161.081, subdivision 4new text end .
(d) For fiscal years 2010 and 2011, the amount under paragraph (a), clause (1), must
be calculated using the following percentages of the total revenues:
(1) for fiscal year 2010, 83.75 percent; and
(2) for fiscal year 2011, 93.75 percent.
Sec. 9.
Laws 2008, chapter 152, article 4, section 2, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section, the following terms have
the meanings given them:
(1) "metropolitan transportation area" means the counties participating in the joint
powers agreement under subdivision 3;
(2) "eligible county" means the county of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington;
(3) "committee" means the Grant Evaluation and Ranking System (GEARS)
Committee;
(4) "minimum guarantee county" means any deleted text begin metropolitan county ordeleted text end eligible county
that is participating in the joint powers agreement under subdivision 3, whose proportion
of the annual sales tax revenue under this section collected within that county is less
than or equal to three percent; and
(5) "population" means the population, as defined in section 477A.011, subdivision
3, estimated or established by July 15 of the year prior to the calendar year in which
the representatives will serve on the Grant Evaluation and Ranking System Committee
established under subdivision 5.
EFFECTIVE DATE.
new text begin
This section is effective retroactively from the effective
date of Laws 2008, chapter 152, article 4, section 2, subdivision 1. This section expires
October 2, 2008, if the sales and use tax under subdivision 2 has not been imposed.
new text end
Sec. 10.
Laws 2008, chapter 152, article 6, section 7, is amended to read:
Sec. 7.
[398A.10] TRANSIT FUNDING.
Subdivision 1.
Capital costs.
A county regional railroad authority may not
contribute more than ten percent of the capital costs of a light rail transit or commuter rail
project. new text begin This subdivision does not apply to a light rail transit project for which a county
regional railroad authority commits to providing an amount greater than ten percent of
the capital costs, if the commitment (1) is made before October 2, 2008, (2) is made as
part of an application for federal funds, and (3) is adjusted by the county regional railroad
authority to meet the requirements of this subdivision as part of the next scheduled federal
funding application for the project.
new text end
Subd. 2.
Operating and maintenance costs.
A county regional railroad authority
may not contribute any funds to pay the operating and maintenance costs for a light rail
transit or commuter rail project. If a county regional railroad authority is contributing
funds for operating and maintenance costs on a light rail transit or commuter rail project
on the date of the enactment of this act, the authority may continue to contribute funds
for these purposes until January 1, 2009.
Subd. 3.
Application.
This section only applies if a county has imposed the
metropolitan transportation sales and use tax under section 297A.992.
EFFECTIVE DATE.
deleted text begin This section is effective the day after the metropolitan
transportation area sales tax is imposed under Minnesota Statutes, section 297A.992,
subdivision 2deleted text end new text begin This section is effective July 1, 2008new text end .