as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for transportation, 1.4 public safety, and other purposes; redistributing five 1.5 percent of highway user tax distribution fund; 1.6 creating flexible highway, town road, and town bridge 1.7 accounts; exempting air ambulance aircraft from 1.8 registration and tax; establishing midtown planning 1.9 and coordination board; establishing dealer licensing 1.10 and motor vehicle registration enforcement task force; 1.11 requiring vehicle registration and insurance study; 1.12 amending Minnesota Statutes 1996, sections 161.081, 1.13 subdivision 1, and by adding a subdivision; 161.082, 1.14 subdivisions 1 and 2a; 162.081, subdivision 1; 1.15 169.733, subdivision 1; 169.825, subdivision 8; and 1.16 360.653; Laws 1997, chapter 159, article 1, section 2, 1.17 subdivision 2; proposing coding for new law in 1.18 Minnesota Statutes, chapter 473. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 ARTICLE 1 1.21 TRANSPORTATION APPROPRIATIONS 1.22 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 1.23 The sums in the columns headed "APPROPRIATIONS" are 1.24 appropriated from the general fund, or another named fund, to 1.25 the agencies and for the purposes specified to be available for 1.26 the fiscal years indicated for each purpose. 1.27 SUMMARY BY FUND 1.28 1998 1999 1.29 General Fund $ -0- $ 344,000 1.30 Trunk Highway Fund 200,000 44,758,000 1.31 Highway User Tax 1.32 Distribution Fund -0- 50,000 2.1 APPROPRIATIONS 2.2 Available for the Year 2.3 Ending June 30 2.4 1998 1999 2.5 Sec. 2. DEPARTMENT OF PUBLIC 2.6 SAFETY $ 200,000 $ 4,191,000 2.7 Summary by Fund 2.8 General -0- 294,000 2.9 Trunk Highway 200,000 3,847,000 2.10 Highway User Tax 2.11 Distribution Fund -0- 50,000 2.12 (a) State Patrol 2.13 Summary by Fund 2.14 General -0- 294,000 2.15 Trunk Highway -0- 3,612,000 2.16 Highway User Tax 2.17 Distribution Fund -0- 50,000 2.18 These appropriations are added to the 2.19 appropriation in Laws 1997, chapter 2.20 159, article 1, section 4, subdivision 2.21 3. 2.22 $50,000 from the highway user tax 2.23 distribution fund is for the vehicle 2.24 registration and insurance study. 2.25 $294,000 from the general fund for 2.26 fiscal year 1999 is for additional 2.27 capitol complex security staff. 2.28 $694,000 from the trunk highway fund 2.29 for fiscal year 1999 is for replacement 2.30 and maintenance of state patrol 2.31 communications equipment. 2.32 $2,918,000 from the trunk highway fund 2.33 for fiscal year 1999 is for 25 2.34 additional state troopers and related 2.35 support staff. 2.36 (b) Driver and Vehicle Services 2.37 200,000 235,000 2.38 $200,000 for fiscal year 1998 and 2.39 $235,000 for fiscal year 1999 are added 2.40 to the appropriations in Laws 1997, 2.41 chapter 159, article 1, section 4, 2.42 subdivision 4, for driver's license and 2.43 identification card cost increases. 2.44 This appropriation is from the trunk 2.45 highway fund. 2.46 Sec. 3. DEPARTMENT OF 2.47 TRANSPORTATION -0- 40,961,000 2.48 Summary by Fund 2.49 General -0- 50,000 3.1 Trunk Highway -0- 40,911,000 3.2 (a) State Road Construction 3.3 -0- 35,000,000 3.4 $35,000,000 is appropriated from the 3.5 trunk highway fund for state road 3.6 construction in fiscal year 1999 and is 3.7 added to the appropriation in Laws 3.8 1997, chapter 159, article 1, section 3.9 2, subdivision 7, clause (a). 3.10 The commissioner shall utilize fibrous 3.11 matting products manufactured in this 3.12 state, in the course of highway 3.13 construction, maintenance, and 3.14 improvement, when these products are 3.15 similar in price and quality to fibrous 3.16 matting products manufactured outside 3.17 this state. 3.18 (b) Design Engineering 3.19 and Construction Engineering 3.20 -0- 5,900,000 3.21 $5,900,000 is appropriated in fiscal 3.22 year 1999 from the trunk highway fund 3.23 for design engineering and construction 3.24 engineering and is added to the 3.25 appropriations in Laws 1997, chapter 3.26 159, article 1, section 2, subdivision 3.27 7, clauses (d) and (e), as needed. 3.28 (c) Aeronautics 3.29 -0- 61,000 3.30 Summary by Fund 3.31 General -0- 50,000 3.32 Trunk Highway -0- 11,000 3.33 $50,000 from the general fund and 3.34 $11,000 from the trunk highway fund for 3.35 fiscal year 1999 are appropriated for 3.36 transfer to the state airports fund to 3.37 reimburse the fund for air 3.38 transportation services. 3.39 Sec. 4. Laws 1997, chapter 159, article 1, section 2, 3.40 subdivision 2, is amended to read: 3.41 Subd. 2. Aeronautics 18,296,000 17,958,000 3.42 Summary by Fund 3.43 Airports 17,896,000 17,958,000 3.44 General 400,000 -0- 3.45 The amounts that may be spent from this 3.46 appropriation for each activity are as 3.47 follows: 3.48 (a) Airport Development and Assistance 3.49 1998 1999 4.1 12,948,000 12,948,000 4.2 $12,846,000 the first year and 4.3 $12,846,000 the second year are for 4.4 navigational aids, construction grants, 4.5 and maintenance grants. If the 4.6 appropriation for either year is 4.7 insufficient, the appropriation for the 4.8 other year is available for it. 4.9 These appropriations must be spent in 4.10 accordance with Minnesota Statutes, 4.11 section 360.305, subdivision 4. 4.12 $12,000 the first year and $12,000 the 4.13 second year are for maintenance of the 4.14 Pine Creek Airport. 4.15 $90,000 the first year and $90,000 the 4.16 second year are for air service 4.17 grants. If the appropriation for 4.18 either year is insufficient, the 4.19 appropriation for the other year is 4.20 available for it. 4.21 (b) Aviation Support 4.22 4,880,000 4,941,000 4.23 $65,000 the first year and $65,000 the 4.24 second year are for the civil air 4.25 patrol. 4.26 $200,000 the first year and $200,000 4.27 the second year are for the air service 4.28 marketing program under Minnesota 4.29 Statutes, section 360.0151. 4.30 (c) Air Transportation Services 4.31 468,000 69,000 4.32 Summary by Fund 4.33 Airports 68,000 69,000 4.34 General 400,000 -0- 4.35 $400,000 the first year is from the 4.36 general fund for refurbishing a federal 4.37 surplus jet airplane for state 4.38 ownership and use. 4.39 ARTICLE 2 4.40 TRANSPORTATION DEVELOPMENT 4.41 Section 1. Minnesota Statutes 1996, section 161.081, 4.42 subdivision 1, is amended to read: 4.43 Subdivision 1. [DISTRIBUTION OF FIVE PERCENT.] Pursuant to 4.44 article 14, section 5, of the constitution, five percent of the 4.45 net highway user tax distribution fund is set aside, and 4.46 apportionedas follows:4.47(1) 28 percent to the trunk highway fund;5.1(2) 64 percenttoa separate account inthe county 5.2 state-aid highway fundto be known as the county turnback5.3account, which account in the state treasury is hereby created;5.4(3) 8 percent to a separate account in the municipal5.5state-aid street fund to be known as the municipal turnback5.6account, which account in the state treasury is hereby created. 5.7 That apportionment is further distributed as follows: 5.8 (1) 30.5 percent to the town road account created in 5.9 section 162.081; 5.10 (2) 16 percent to the town bridge account, which is created 5.11 in the state treasury; and 5.12 (3) 53.5 percent to the flexible highway account created in 5.13 subdivision 3. 5.14 Sec. 2. Minnesota Statutes 1996, section 161.081, is 5.15 amended by adding a subdivision to read: 5.16 Subd. 3. [FLEXIBLE HIGHWAY ACCOUNT; TURNBACK ACCOUNTS.] (a) 5.17 The flexible highway account is created in the state treasury. 5.18 Money in the account may be used either for the restoration of 5.19 former trunk highways that have reverted to counties or to 5.20 statutory or home rule charter cities or for regular trunk 5.21 highway purposes. 5.22 (b) For purposes of this subdivision, "restoration" means 5.23 the level of effort required to improve the route that will be 5.24 turned back to an acceptable condition as determined by 5.25 agreement made between the commissioner and the county or city 5.26 before the route is turned back. 5.27 (c) The commissioner shall review the need for funds to 5.28 restore highways that have been or will be turned back and the 5.29 need for funds for the trunk highway system. The commissioner 5.30 shall determine, on a biennial basis, the percentage of this 5.31 flexible account to be used for county turnbacks, for municipal 5.32 turnbacks, and for regular trunk highway projects. The 5.33 commissioner shall make this determination only after meeting 5.34 and holding discussions with committees selected by the 5.35 statewide associations of both county commissioners and 5.36 municipal officials. 6.1 (d) Money that will be used for the restoration of trunk 6.2 highways that have reverted or that will revert to cities must 6.3 be deposited in the municipal turnback account, which is created 6.4 in the state treasury. 6.5 (e) Money that will be used for the restoration of trunk 6.6 highways that have reverted or that will revert to counties must 6.7 be deposited in the county turnback account, which is created in 6.8 the state treasury. 6.9 (f) As part of each biennial budget submission to the 6.10 legislature, the commissioner shall describe how the money in 6.11 the flexible highway account will be apportioned among the 6.12 county turnback account, the municipal turnback account, and the 6.13 trunk highway fund. 6.14 (g) Money apportioned from the flexible highway account to 6.15 the trunk highway fund must be used for state road construction 6.16 and engineering costs. 6.17 Sec. 3. Minnesota Statutes 1996, section 161.082, 6.18 subdivision 1, is amended to read: 6.19 Subdivision 1. [RULES.] Except ashereinafterprovided in 6.20 this section and in section 161.081, all money accruing to the 6.21 county turnback account shall be expended in accordance with 6.22 rules of the commissioner of transportation in paying a county 6.23 for the restoration of former trunk highways, or portions 6.24 thereof, that have reverted to the county in accordance with 6.25 law, and have become a part of the county state-aid highway 6.26 system. 6.27 Sec. 4. Minnesota Statutes 1996, section 161.082, 6.28 subdivision 2a, is amended to read: 6.29 Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 6.30An amount equal to 25 percent of the county turnback(a) Money 6.31 in the town bridge account must be expended on town road bridge 6.32 structures that are ten feet or more in length and on town road 6.33 culverts that replace existing town road bridges. In addition, 6.34 if the present bridge structure is less than ten feet in length 6.35 but a hydrological survey indicates that the replacement bridge 6.36 structure or culvert must be ten feet or more in length, then 7.1 the bridge or culvert is eligible for replacement funds. 7.2 (b) In addition, if a culvert that replaces a deficient 7.3 bridge is in a county comprehensive water plan approved by the 7.4 board of water and soil resources and the department of natural 7.5 resources, the costs of the culvert and roadway grading other 7.6 than surfacing are eligible for replacement funds up to the cost 7.7 of constructing a replacement bridge. 7.8 (c) The expenditures onbridge structures and culverts may7.9be on a matching basis, and if on a matching basis, not more7.10than 90 percent of the cost ofa bridge structure or culvert may 7.11 be paid from the county turnback account.and may be for 100 7.12 percent of the cost of the replacement structure or culvert or 7.13 for 100 percent of the cost of rehabilitating the existing 7.14 structure. 7.15 (d) The town bridge account may be used to pay the costs to 7.16 abandon an existing bridge that is deficient and in need of 7.17 replacement, but where no replacement will be made. It may also 7.18 be used to pay the costs to construct a road or street to 7.19 facilitate the abandonment of an existing bridge determined by 7.20 the commissioner to be deficient, if the commissioner determines 7.21 that construction of the road or street is more cost efficient 7.22 than replacing the existing bridge. 7.23 (e) When bridge approach construction work exceeds $10,000 7.24 in costs, or when the county engineer determines that the cost 7.25 of the replacement culverts alone will not exceed $20,000, the 7.26 town shall be eligible for financial assistance from the town 7.27 bridge account. Financial assistance shall be requested by 7.28 resolution of the county board and shall be limited to: 7.29 (1) 100 percent of the cost of the bridge approach work 7.30 that is in excess of $10,000; or 7.31 (2) 100 percent of the cost of the replacement culverts 7.32 when the cost does not exceed $20,000 and the town board agrees 7.33 to be responsible for all the other costs, which may include 7.34 costs for structural removal, installation, and permitting. The 7.35 replacement structure design and costs shall be approved and 7.36 certified by the county engineer, but need not be subsequently 8.1 approved by the department of transportation. 8.2An amount equal to 47.5 percent of the county turnback8.3account must be set aside as a town road account and(f) Money 8.4 in the town road account must be distributed as provided in 8.5 section 162.081. 8.6 Sec. 5. Minnesota Statutes 1996, section 162.081, 8.7 subdivision 1, is amended to read: 8.8 Subdivision 1. [ACCOUNT CREATED.] A town road account is 8.9 created in the county state-aid highway fund, consisting of the8.10amounts transferred from the county turnback account as provided8.11in section 161.082. 8.12 Sec. 6. Minnesota Statutes 1996, section 169.733, 8.13 subdivision 1, is amended to read: 8.14 Subdivision 1. [VEHICLES GENERALLY.] Every truck, 8.15 truck-tractor, trailer, semitrailer, pole trailer, and rear-end 8.16 dump truck, excepting rear-end dump farm trucks and military 8.17 vehicles of the United States, shall be provided with wheel 8.18 flaps or other suitable protection above and behind the rearmost 8.19 wheels of the vehicle or combination of vehicles to prevent, as 8.20 far as practicable, such wheels from throwing dirt, water, or 8.21 other materials on the windshields of vehicles which follow. 8.22 Such flaps or protectors shall be at least as wide as the tires 8.23 they are protecting and shall have a ground clearance of not 8.24 more than one-fifth of the horizontal distance from the center 8.25 of the rearmost axle to the flap under any conditions of loading 8.26 or operation of the motor vehicle. 8.27 Sec. 7. Minnesota Statutes 1996, section 169.825, 8.28 subdivision 8, is amended to read: 8.29 Subd. 8. [PNEUMATIC-TIRED VEHICLES.] No vehicle or 8.30 combination of vehicles equipped with pneumatic tires shall be 8.31 operated upon the highways of this state: 8.32 (a) Where the gross weight on any wheel exceeds 9,000 8.33 pounds, except that on designated local routes and state trunk 8.34 highways the gross weight on any single wheel shall not exceed 8.35 10,000 pounds; 8.36 (b) Where the gross weight on any single axle exceeds 9.1 18,000 pounds, except that on designated local routes and state 9.2 trunk highways the gross weight on any single axle shall not 9.3 exceed 20,000 pounds; 9.4 (c) Where the maximum wheel load: 9.5 (1) on the foremost and rearmost steering axles, exceeds 9.6 600 pounds per inch of tire width or the manufacturer's 9.7 recommended load, whichever is less; or 9.8 (2) on other axles, exceeds 500 pounds per inch of tire 9.9 width or the manufacturer's recommended load, whichever is less; 9.10 Clause (2) applies to new vehicles manufactured after 9.11 August 1, 1991. For vehicles manufactured before August 2, 9.12 1991, the maximum weight per inch of tire width is 600 pounds 9.13 per inch or the manufacturer's recommended load, whichever is 9.14 less, until August 1, 1996. After July 31, 1996, clause (2) 9.15 applies to all vehicles regardless of date of manufacture. 9.16 (d) Where the gross weight on any axle of a tridem exceeds 9.17 15,000 pounds, except that for vehicles to which an additional 9.18 axle has been added prior to June 1, 1981, the maximum gross 9.19 weight on any axle of a tridem may be up to 16,000 pounds 9.20 provided the gross weight of the tridem combination does not 9.21 exceed 39,900 pounds where the first and third axles of the 9.22 tridem are spaced nine feet apart. 9.23 (e) Where the gross weight on any group of axles exceeds 9.24 the weights permitted under this section with any or all of the 9.25 interior axles disregarded, and with an exterior axle 9.26 disregarded if the exterior axle is a variable load axle that is 9.27 not carrying its intended weight, and their gross weights 9.28 subtracted from the gross weight of all axles of the group under 9.29 consideration. 9.30 Sec. 8. Minnesota Statutes 1996, section 360.653, is 9.31 amended to read: 9.32 360.653 [AIRCRAFT, EXEMPTIONS.] 9.33 The following aircraft, under the conditions specified, 9.34 shall be exempt from the registration and the tax provided by 9.35 sections 360.511 to 360.67. 9.36 (1) Any aircraft held by a dealer listed and used as 10.1 provided in section 360.63, except that aircraft held by dealers 10.2 on October 1, of each year, shall be registered and the entire 10.3 tax provided by sections 360.511 to 360.67 shall be paid for the 10.4 portion of the fiscal year, prorated on a monthly basis 10.5 remaining after the aircraft came into the possession of the 10.6 dealer. It is further provided that a dealer who has previously 10.7 had aircraft on withholding may register such aircraft in 10.8 September of each fiscal year by payment of an amount equal to 10.9 one-third of the annual tax, which tax shall be applicable for 10.10 the months of September through December and in January the 10.11 dealer may again list these aircraft on the dealer's withholding 10.12 form. 10.13 (2) Aircraft remaining in the possession of aircraft 10.14 manufacturers ten months after completion shall become subject 10.15 to the tax provided by sections 360.511 to 360.67. The tax 10.16 shall be computed from the expiration of the ten months period 10.17 and shall be prorated on a monthly basis. 10.18 (3) Aircraft while in the hands of aircraft refitters for 10.19 the purpose of being refitted or modified or both, and while 10.20 being refitted or modified or both. 10.21 (4) Aircraft licensed under section 144E.12 and used 10.22 exclusively to provide air ambulance service. 10.23 Sec. 9. [473.910] [MIDTOWN PLANNING AND COORDINATION 10.24 BOARD.] 10.25 Subdivision 1. [ESTABLISHED.] The midtown planning and 10.26 coordination board is established. 10.27 Subd. 2. [PURPOSE.] The purpose of the board is to do 10.28 planning for the Lake Street corridor area along with and 10.29 including neighborhoods one-half mile on either side of Lake 10.30 Street in Minneapolis from the western city limits to the 10.31 Mississippi river, and to do planning and coordination for 10.32 economic development, transportation, and residential renewal, 10.33 with the cooperation of affected government, civic, business, 10.34 and neighborhood entities. 10.35 Subd. 3. [MEMBERSHIP.] The board shall be composed of 11 10.36 members. Three members must be appointed by the Minneapolis 11.1 city council from among its members; three by the Hennepin 11.2 county board, from among its members; one by the Minneapolis 11.3 park board, from among its members; one by the metropolitan 11.4 council, from among its members; two members of the public 11.5 appointed by the Minneapolis city council; two members of the 11.6 public appointed by the Hennepin county board; and one member 11.7 appointed by the member of Congress from the fifth district or 11.8 the member's designee. The public members must reside or do 11.9 business in the affected area. 11.10 Subd. 4. [OFFICERS.] The chair of the board shall be 11.11 elected by, and from among, the members of the board for a 11.12 one-year term. The chair shall preside at meetings of the 11.13 board, if present, and shall perform all other duties assigned 11.14 by the board or by law. The board shall elect officers in 11.15 addition to the chair as it deems necessary for the conduct of 11.16 its duties. 11.17 Subd. 5. [MEMBERSHIP TERMS.] The terms of the members 11.18 shall be three years with the terms ending on June 30, 2001. 11.19 Subd. 6. [COMPENSATION AND MEMBERSHIP.] Compensation of 11.20 members, removal of members, and filling of membership vacancies 11.21 is governed by section 15.0575, if not covered in this section. 11.22 Subd. 7. [DURATION.] The board continues to exist until 11.23 expressly abolished by law. 11.24 Sec. 10. [473.912] [POWERS OF BOARD.] 11.25 Subdivision 1. [GENERAL POWERS.] The board has all powers 11.26 that may be necessary or convenient to enable it to perform the 11.27 duties and responsibilities imposed on it by law. The powers 11.28 include the specific powers enumerated in this section. 11.29 Subd. 2. [EMPLOYEES.] The board shall prescribe all terms 11.30 and conditions for the employment of its employees including, 11.31 but not limited to, adopting a compensation and classification 11.32 plan for its employees. Employees of the board are public 11.33 employees and are members of the Minnesota state retirement 11.34 system. The board shall make the employer's contributions to 11.35 pension funds of its employees. 11.36 Subd. 3. [GIFTS AND APPROPRIATIONS.] The board may accept 12.1 gifts; apply for and use grants or loans of money or other 12.2 property from the United States, the state, or any person for 12.3 any board purpose, and may enter into agreements required in 12.4 connection therewith; and may hold, use, and dispose of the 12.5 money or property in accordance with the terms of the gift, 12.6 grant, loan, or agreement relating to it. 12.7 Sec. 11. [DEALER LICENSING AND MOTOR VEHICLE REGISTRATION 12.8 ENFORCEMENT TASK FORCE.] 12.9 Subdivision 1. [ESTABLISHED IN DEPARTMENT OF PUBLIC 12.10 SAFETY.] The dealer licensing and motor vehicle registration 12.11 enforcement task force is established in the department of 12.12 public safety. In consultation with the chief of the state 12.13 patrol, the commissioner of public safety shall designate four 12.14 members of the patrol to carry out the investigatory 12.15 responsibilities of the task force. The commissioner shall 12.16 provide the task force with necessary staff and equipment 12.17 support. 12.18 Subd. 2. [INVESTIGATIONS.] The task force shall 12.19 investigate activity by persons engaged in the sale and 12.20 registration of motor vehicles in violation of Minnesota law, 12.21 specifically Minnesota Statutes, sections 168.27; 168A.30; 12.22 297B.035, subdivision 3; and 325F.664 to 325F.6643. 12.23 Subd. 3. [EXPIRATION OF TASK FORCE.] The task force 12.24 expires July 1, 2000. 12.25 Sec. 12. [VEHICLE REGISTRATION AND INSURANCE STUDY.] 12.26 Subdivision 1. [PURPOSE OF STUDY.] The commissioner of 12.27 public safety, in conjunction with the dealer licensing and 12.28 motor vehicle registration enforcement task force, and with 12.29 representatives of the insurance industry, shall conduct a study 12.30 to determine: 12.31 (1) the incidence of private passenger vehicles domiciled 12.32 in this state but registered in other states in violation of 12.33 Minnesota vehicle registration laws; and 12.34 (2) the number of uninsured motorists in this state. 12.35 Subd. 2. [STUDY ELEMENTS.] The study must include an 12.36 evaluation of the cost effectiveness and feasibility of: 13.1 (1) exchanging tax, vehicle registration, and driver's 13.2 license information with other states; 13.3 (2) utilizing a private vendor computer database to enforce 13.4 the state's vehicle registration and mandatory automobile 13.5 insurance laws; and 13.6 (3) ensuring that vehicles domiciled in this state are 13.7 registered in this state. 13.8 Subd. 3. [REPORT.] The commissioner shall report to the 13.9 governor and legislature by February 15, 1999. 13.10 Sec. 13. [EFFECTIVE DATE.] 13.11 Sections 1 to 5 are effective July 1, 1999. Sections 11 13.12 and 12 are effective July 1, 1998.