SF 3298

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to transportation; regulating public works 
  1.3             contracts; allowing commissioner of transportation to 
  1.4             acquire land to preserve transportation corridors; 
  1.5             providing reimbursement to fire departments for 
  1.6             expenses incurred in extinguishing certain motor 
  1.7             vehicle fires; requiring parked vehicle to be parallel 
  1.8             with curb; modifying motor carrier provisions to 
  1.9             reduce certain regulatory obligations; modifying 
  1.10            budget reduction of department of transportation 
  1.11            construction district 1; providing cities and towns 
  1.12            authority to collect unpaid bills for certain 
  1.13            emergency services from nonresidents; requiring 
  1.14            commissioner to retain Stillwater Bridge project in 
  1.15            transportation improvement program; requiring 
  1.16            commissioner to prepare new signal agreement in city 
  1.17            of Anoka; allowing use of trunk highway funds for 
  1.18            certain transit operations; exempting certain federal 
  1.19            funds from statutory matching requirements; making 
  1.20            clarifying changes; appropriating money; amending 
  1.21            Minnesota Statutes 2000, sections 161.20, subdivision 
  1.22            2; 161.465; 169.35, subdivision 1; 221.0252, 
  1.23            subdivision 3; 221.0314, by adding a subdivision; 
  1.24            221.0355, subdivisions 2, 3; 221.221, subdivision 4; 
  1.25            221.605, subdivision 1; 366.011; 366.012; Minnesota 
  1.26            Statutes 2001 Supplement, sections 117.51; 161.162, 
  1.27            subdivision 2; 169.825, subdivision 11; 221.221, 
  1.28            subdivision 2; Laws 2001, First Special Session 
  1.29            chapter 8, article 1, section 2, subdivision 7; Laws 
  1.30            2001, First Special Session chapter 8, article 1, 
  1.31            section 8; proposing coding for new law in Minnesota 
  1.32            Statutes, chapter 15; repealing Minnesota Statutes 
  1.33            2000, section 221.0313. 
  1.34  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.35     Section 1.  [15.411] [PUBLIC WORKS CONTRACTS; NO DAMAGES 
  1.36  FOR DELAY CLAUSES.] 
  1.37     Subdivision 1.  [DEFINITION.] As used in this section, the 
  1.38  term "public works contract" means a contract of the state, or a 
  1.39  county, city, town, school district, special district, or any 
  2.1   other political subdivision of the state, for the construction, 
  2.2   alteration, repair, addition to, subtraction from, improvement 
  2.3   to, or maintenance of any building, structure, highway, bridge, 
  2.4   viaduct, pipeline, railway, public works, or any other works 
  2.5   dealing with construction.  The term includes, but is not 
  2.6   limited to, moving, demolition, or excavation performed in 
  2.7   conjunction with the work specified in this subdivision. 
  2.8      Subd. 2.  [UNENFORCEABILITY.] Any clause in a public works 
  2.9   contract that waives, releases, or extinguishes the rights of a 
  2.10  contractor to seek recovery for costs or damages, or seek an 
  2.11  equitable adjustment, for delays, disruption, or acceleration in 
  2.12  performing the contract is void and unenforceable if the delay, 
  2.13  disruption, or acceleration is caused by acts of the contracting 
  2.14  public entity or persons acting on behalf of the public entity 
  2.15  for which the public entity is legally responsible. 
  2.16     Subd. 3.  [SEVERABILITY.] When a contract contains a 
  2.17  provision that is void and unenforceable under subdivision 2, 
  2.18  that provision must be severed from the other provisions of the 
  2.19  contract to the extent that it is void and unenforceable.  The 
  2.20  fact that the provision is void and unenforceable does not 
  2.21  affect the other provisions of the contract. 
  2.22     Subd. 4.  [SCOPE AND EFFECT.] Subdivision 2 does not make 
  2.23  void and unenforceable any contract provision of a public works 
  2.24  contract that: 
  2.25     (1) requires notice of any delay, disruption, or 
  2.26  acceleration by the party affected thereby; 
  2.27     (2) provides for reasonable liquidated damages; or 
  2.28     (3) provides for arbitration or any other procedure 
  2.29  designed to settle contract disputes. 
  2.30     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.31  117.51, is amended to read: 
  2.32     117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
  2.33     In all acquisitions undertaken by any acquiring authority 
  2.34  and in all voluntary rehabilitation carried out by a person 
  2.35  pursuant to acquisition or as a consequence thereof, the 
  2.36  acquiring authority shall cooperate to the fullest extent with 
  3.1   federal departments and agencies, and it shall take all 
  3.2   necessary action in order to insure, to the maximum extent 
  3.3   possible, federal financial participation in any and all phases 
  3.4   of acquisition, including the provision of relocation 
  3.5   assistance, services, payments and benefits to displaced 
  3.6   persons.  An acquiring authority may consider reimbursing up to 
  3.7   $50,000 in relocation or reestablishment expenses of a displaced 
  3.8   business. 
  3.9      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.10  161.162, subdivision 2, is amended to read: 
  3.11     Subd. 2.  [FINAL LAYOUT.] (a) "Final layout" means 
  3.12  geometric layouts and supplemental drawings that show the 
  3.13  location, character, dimensions, access, and explanatory 
  3.14  information about the highway construction or improvement work 
  3.15  being proposed.  "Final layout" includes, where applicable, 
  3.16  traffic lanes, shoulders, trails, intersections, signals, 
  3.17  bridges, approximate right-of-way limits, existing ground line 
  3.18  and proposed grade line of the highway, turn lanes, access 
  3.19  points and closures, sidewalks, speed zones proposed design 
  3.20  speed, noise walls, transit considerations, auxiliary lanes, 
  3.21  interchange locations, interchange types, sensitive areas, 
  3.22  existing right-of-way, traffic volume and turning movements, 
  3.23  location of stormwater drainage, location of municipal 
  3.24  utilities, project schedule and estimated cost, and the name of 
  3.25  the project manager. 
  3.26     (b) "Final layout" does not include a cost participation 
  3.27  agreement.  For purposes of this subdivision "cost participation 
  3.28  agreement" means a document signed by the commissioner and the 
  3.29  governing body of a municipality that states the costs of a 
  3.30  highway construction project that will be paid by the 
  3.31  municipality. 
  3.32     Sec. 4.  Minnesota Statutes 2000, section 161.20, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION 
  3.35  OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The 
  3.36  commissioner is authorized to acquire by purchase, gift, or by 
  4.1   eminent domain proceedings as provided by law, in fee or such 
  4.2   lesser estate as the commissioner deems necessary, all lands and 
  4.3   properties necessary in preserving future transportation 
  4.4   corridors or in laying out, constructing, maintaining, and 
  4.5   improving the trunk highway system including recreational 
  4.6   vehicle lanes; to locate, construct, reconstruct, improve, and 
  4.7   maintain the trunk highway system; to purchase all road 
  4.8   material, machinery, tools, and supplies necessary for the 
  4.9   construction, maintenance, and improvement thereof; to construct 
  4.10  necessary buildings, or rent or acquire by purchase, gift, or 
  4.11  condemnation, grounds, and buildings necessary for the storing 
  4.12  and housing of such material, machinery, tools, and supplies or 
  4.13  necessary for office space for employees or for providing for 
  4.14  driver's license examinations; to maintain, repair, or remodel 
  4.15  such buildings as may be necessary; to acquire by purchase, 
  4.16  gift, or condemnation, replacement sites for historically 
  4.17  significant buildings or structures and to relocate these 
  4.18  buildings or structures onto those sites, reconstructing and 
  4.19  maintaining them until disposed of through public sale to the 
  4.20  highest responsible bidder; to make agreements with any county 
  4.21  for the relocation or reestablishment, by the county, of 
  4.22  section, quarter section, or meander corners originally 
  4.23  established by the United States, when such relocation or 
  4.24  reestablishment is necessary in order to write land acquisition 
  4.25  descriptions or by reason of the construction, reconstruction, 
  4.26  improvement, or maintenance of a trunk highway; to contract on 
  4.27  an equitable basis with railroad companies for the installation 
  4.28  and reinstallation of safety devices at trunk highway-railroad 
  4.29  grade crossings, and for the construction, reconstruction and 
  4.30  maintenance of bridges and approaches existing or necessary for 
  4.31  the separation of grades at railroad and trunk highway 
  4.32  intersections; and in carrying out duties, to let all necessary 
  4.33  contracts in the manner prescribed by law.  The commissioner may 
  4.34  make agreements with and cooperate with any governmental 
  4.35  authority for the purpose of effectuating the provisions of this 
  4.36  chapter. 
  5.1      Sec. 5.  Minnesota Statutes 2000, section 161.465, is 
  5.2   amended to read: 
  5.3      161.465 [REIMBURSEMENT FOR FIRE SERVICES.] 
  5.4      (a) Subdivision 1.  [GRASS FIRES.] Ordinary expenses 
  5.5   incurred by a municipal or volunteer fire department in 
  5.6   extinguishing a grass fire within the right-of-way of a trunk 
  5.7   highway must be reimbursed upon certification to the 
  5.8   commissioner of transportation from the trunk highway fund.  In 
  5.9   addition, ordinary expenses incurred by a municipal or volunteer 
  5.10  fire department in extinguishing a fire outside the right-of-way 
  5.11  of any trunk highway if the fire originated within the 
  5.12  right-of-way, upon approval of a police officer or an officer or 
  5.13  employee of the department of public safety must, upon 
  5.14  certification to the commissioner of transportation by the 
  5.15  proper official of the municipality or fire department within 60 
  5.16  days after the completion of the service, be reimbursed to the 
  5.17  municipality or fire department from funds in the trunk highway 
  5.18  fund.  
  5.19     Subd. 2.  [MOTOR VEHICLE FIRES.] Ordinary expenses incurred 
  5.20  by a municipal or volunteer fire department in extinguishing a 
  5.21  motor vehicle fire within the right-of-way of a trunk highway or 
  5.22  interstate, to the extent these expenses are not reimbursed by 
  5.23  insurance, some other reasonable method of reimbursement, or 
  5.24  collected in accordance with section 366.012, may be reimbursed 
  5.25  by the commissioner from the motor vehicle fire revolving 
  5.26  account in the special revenue fund up to $300 per fire call 
  5.27  upon certification to the commissioner. 
  5.28     Subd. 3.  [FUND REIMBURSEMENT.] The commissioner of 
  5.29  transportation shall take action practicable to secure 
  5.30  reimbursement to the trunk highway fund or to the special 
  5.31  revenue fund of money expended under this section from the 
  5.32  person, firm, or corporation responsible for the fire or danger 
  5.33  of fire.  A motor vehicle fire revolving account is created in 
  5.34  the special revenue fund.  The commissioner shall deposit into 
  5.35  the account all money received by the commissioner in 
  5.36  reimbursements from persons, firms, or corporations for costs of 
  6.1   extinguishing motor vehicle fires within trunk highway 
  6.2   right-of-way.  Money in the account is appropriated to the 
  6.3   commissioner for the purpose of making reimbursements to 
  6.4   municipal or volunteer fire departments under subdivision 2. 
  6.5      (b) Subd. 4.  [NO ADMISSION OF LIABILITY.] The provisions 
  6.6   of this section shall not be construed to admit state liability 
  6.7   for damage or destruction to private property or for injury to 
  6.8   persons resulting from a fire originating within a trunk highway 
  6.9   or interstate right-of-way. 
  6.10     Sec. 6.  Minnesota Statutes 2000, section 169.35, 
  6.11  subdivision 1, is amended to read: 
  6.12     Subdivision 1.  [PARALLEL TO CURB.] Except where angle 
  6.13  parking is permitted by local ordinance, each vehicle stopped or 
  6.14  parked upon a two-way roadway where there is an adjacent curb 
  6.15  shall be so stopped or parked parallel with the right-hand curb 
  6.16  and with the right-hand wheels of the vehicle parallel with and 
  6.17  within 12 inches of the right-hand curb, provided, that such 
  6.18  exception shall only apply to a state trunk highway after 
  6.19  approval by the commissioner. 
  6.20     Sec. 7.  Minnesota Statutes 2001 Supplement, section 
  6.21  169.825, subdivision 11, is amended to read: 
  6.22     Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
  6.23  limitations provided in this section are increased:  
  6.24     (1) by ten percent between the dates set by the 
  6.25  commissioner based on a freezing index model each winter, 
  6.26  statewide; 
  6.27     (2) by ten percent between the dates set by the 
  6.28  commissioner based on a freezing index model each winter, in the 
  6.29  zone bounded as follows:  beginning at Pigeon River in the 
  6.30  northeast corner of Minnesota; thence in a southwesterly 
  6.31  direction along the north shore of Lake Superior along trunk 
  6.32  highway No. 61 to the northeastern city limits of Duluth; thence 
  6.33  along the eastern and southern city limits of Duluth to the 
  6.34  junction with trunk highway No. 210; thence westerly along trunk 
  6.35  highway No. 210 to the junction with trunk highway No. 10; 
  6.36  thence northwesterly along trunk highway No. 10 to the 
  7.1   Minnesota-North Dakota border; thence northerly along that 
  7.2   border to the Minnesota-Canadian Border; thence easterly along 
  7.3   said Border to Lake Superior; and 
  7.4      (3) by ten percent from the beginning of harvest to 
  7.5   November 30 each year for the movement of sugar beets, carrots, 
  7.6   and potatoes from the field of harvest to the point of the first 
  7.7   unloading.  Transfer of the product from a farm vehicle or small 
  7.8   farm trailer, within the meaning of chapter 168, to another 
  7.9   vehicle is not considered to be the first unloading.  The 
  7.10  commissioner shall not issue permits under this clause if to do 
  7.11  so will result in a loss of federal highway funding to the state.
  7.12     (b) The duration of a ten percent increase in load limits 
  7.13  is subject to limitation by order of the commissioner, subject 
  7.14  to implementation of springtime load restrictions.  
  7.15     (c) When the ten percent increase is in effect, a permit is 
  7.16  required for a motor vehicle, trailer, or semitrailer 
  7.17  combination that has a gross weight in excess of 80,000 pounds, 
  7.18  an axle group weight in excess of that prescribed in subdivision 
  7.19  10, or a single axle weight in excess of 20,000 pounds and which 
  7.20  travels on interstate routes.  
  7.21     (d) In cases where gross weights in an amount less than 
  7.22  that set forth in this section are fixed, limited, or restricted 
  7.23  on a highway or bridge by or under another section of this 
  7.24  chapter, the lesser gross weight as fixed, limited, or 
  7.25  restricted may not be exceeded and must control instead of the 
  7.26  gross weights set forth in this section.  
  7.27     (e) Notwithstanding any other provision of this 
  7.28  subdivision, no vehicle may exceed a total gross vehicle weight 
  7.29  of 80,000 pounds on routes which have not been designated by the 
  7.30  commissioner under section 169.832, subdivision 11. 
  7.31     (f) The commissioner may, after determining the ability of 
  7.32  the highway structure and frost condition to support additional 
  7.33  loads, grant a permit extending seasonal increases for vehicles 
  7.34  using portions of routes falling within two miles of the 
  7.35  southern boundary of the zone described under paragraph (a), 
  7.36  clause (2). 
  8.1      Sec. 8.  Minnesota Statutes 2000, section 221.0252, 
  8.2   subdivision 3, is amended to read: 
  8.3      Subd. 3.  [AUDIT; INSPECTION.] (a) Within 90 days of 
  8.4   issuing a new certificate of registration to a carrier under 
  8.5   this section, and before issuing an annual renewal of a 
  8.6   certificate of registration, the commissioner shall: 
  8.7      (1) conduct an audit of the carrier's records; 
  8.8      (2) inspect the vehicles the carrier uses in its motor 
  8.9   carrier operation to determine if they comply with the federal 
  8.10  regulations incorporated in section 221.0314 or accept for 
  8.11  filing proof that a complete vehicle inspection was conducted 
  8.12  within the previous one year by a commercial vehicle inspector 
  8.13  of the department of public safety or an inspector certified by 
  8.14  the commissioner of public safety under section 169.781; 
  8.15     (3) verify that the carrier has a designated office in 
  8.16  Minnesota where the books and files necessary to conduct 
  8.17  business and the records required by this chapter are kept and 
  8.18  shall be made available for inspection by the commissioner; 
  8.19     (4) audit the carrier's drivers' criminal background and 
  8.20  safety records; and 
  8.21     (5) verify compliance with the insurance requirements of 
  8.22  section 221.141. 
  8.23     (b) To streamline the audit process and to reduce the 
  8.24  regulatory burden on carriers, the commissioner may reduce the 
  8.25  number of vehicle inspections and records audited under 
  8.26  paragraph (a) if the commissioner has sufficient information 
  8.27  from federal and state motor carrier safety data about a 
  8.28  carrier's operations to determine a carrier's safety fitness as 
  8.29  described in Code of Federal Regulations, title 49, section 
  8.30  385.7.  At a minimum, the commissioner must conduct the record 
  8.31  audit in paragraph (a) once in four years. 
  8.32     (c) The commissioner and the commissioner of public safety 
  8.33  shall, through an interagency agreement, coordinate vehicle 
  8.34  inspection activities to avoid duplication of annual vehicle 
  8.35  inspections to minimize the burden of compliance on carriers and 
  8.36  to maximize the efficient use of state resources. 
  9.1      Sec. 9.  Minnesota Statutes 2000, section 221.0314, is 
  9.2   amended by adding a subdivision to read: 
  9.3      Subd. 3b.  [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 
  9.4   subdivisions 3 and 3a, a Minnesota intrastate waiver is not 
  9.5   required in Minnesota intrastate commerce if that person holds a 
  9.6   valid interstate waiver or comparable document for physical 
  9.7   qualifications described in Code of Federal Regulations, title 
  9.8   49, section 391.41. 
  9.9      Sec. 10.  Minnesota Statutes 2000, section 221.0355, 
  9.10  subdivision 2, is amended to read: 
  9.11     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
  9.12  following words and phrases have the meanings given them in this 
  9.13  subdivision: 
  9.14     (a) "Base state" means the state selected by a carrier 
  9.15  according to the procedures established by the uniform program. 
  9.16     (b) "Base state agreement" means the agreement between 
  9.17  participating states electing to register or permit carriers of 
  9.18  hazardous material or hazardous waste. 
  9.19     (c) "Carrier" means a person who operates a motor vehicle 
  9.20  used to transport hazardous material or hazardous waste. 
  9.21     (d) "Designated hazardous material" means a hazardous 
  9.22  material described in Code of Federal Regulations, title 49, 
  9.23  section 107.601, which is incorporated by reference. 
  9.24     (e) "Hazardous material" means: 
  9.25     (1) a hazardous material when the hazardous material is of 
  9.26  a type or in a quantity that requires the transport vehicle to 
  9.27  be placarded in accordance with Code of Federal Regulations, 
  9.28  title 49, part 172; or 
  9.29     (2) a hazardous substance or marine pollutant when 
  9.30  transported in bulk packaging as defined in Code of Federal 
  9.31  Regulations, title 49, section 171.8, which is incorporated by 
  9.32  reference. 
  9.33     (f) "Hazardous material transportation" means the 
  9.34  transportation of hazardous material or hazardous waste, or 
  9.35  both, on the public highways. 
  9.36     (g) "Hazardous waste" means hazardous waste of a type and 
 10.1   amount that requires the shipment to be accompanied by a uniform 
 10.2   hazardous waste manifest described in Code of Federal 
 10.3   Regulations, title 40, part 262, including state-designated 
 10.4   hazardous wastes when a list of state-designated hazardous 
 10.5   wastes has been filed by the state with the national repository 
 10.6   under the uniform program. 
 10.7      (h) "Participating state" means a state electing to 
 10.8   participate in the uniform program by entering a base state 
 10.9   agreement. 
 10.10     (i) "Person" means an individual, firm, copartnership, 
 10.11  cooperative, company, association, limited liability company, 
 10.12  corporation, or public entity. 
 10.13     (j) "Public entity" means a carrier who is a federal or 
 10.14  state agency or political subdivision. 
 10.15     (k) "Shipper" means a person who offers a designated 
 10.16  hazardous material to another person for shipment or who causes 
 10.17  a designated hazardous material to be transported or shipped by 
 10.18  another person. 
 10.19     (l) "Uniform application" means the uniform motor carrier 
 10.20  registration and permit application form established under the 
 10.21  uniform program. 
 10.22     (m) "Uniform program" means the Uniform State Hazardous 
 10.23  Materials Transportation Motor Carrier Registration and Permit 
 10.24  Program established in the report submitted to the secretary of 
 10.25  transportation pursuant to the "Hazardous Materials 
 10.26  Transportation Uniform Safety Act of 1990," United States Code, 
 10.27  title 49 appendix, section 1819, subsection (c). 
 10.28     Sec. 11.  Minnesota Statutes 2000, section 221.0355, 
 10.29  subdivision 3, is amended to read: 
 10.30     Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
 10.31  subdivision 17, after October 1, 1994: 
 10.32     (a) No carrier, other than a public entity, may transport a 
 10.33  hazardous material by motor vehicle in Minnesota unless it has 
 10.34  complied with subdivision 4. 
 10.35     (b) No carrier, other than a public entity, may transport a 
 10.36  hazardous waste in Minnesota unless it has complied with 
 11.1   subdivisions 4 and 5. 
 11.2      (c) No shipper may offer a designated hazardous material 
 11.3   for shipment or cause a designated hazardous material to be 
 11.4   transported or shipped in Minnesota unless it has complied with 
 11.5   subdivision 7. 
 11.6      (d) No carrier, other than a public entity, may transport a 
 11.7   designated hazardous material by rail or water in Minnesota 
 11.8   unless it has complied with subdivision 7a. 
 11.9      (e) No public entity may transport a hazardous material or 
 11.10  hazardous waste by motor vehicle in Minnesota unless it has 
 11.11  complied with subdivision 8. 
 11.12     (f) A carrier registered under this section, who 
 11.13  exclusively offers designated materials for shipment only in 
 11.14  vehicles controlled or operated by that carrier and who does not 
 11.15  offer hazardous materials to other private or for-hire carriers, 
 11.16  is not required to register as a shipper under subdivision 7. 
 11.17     Sec. 12.  Minnesota Statutes 2001 Supplement, section 
 11.18  221.221, subdivision 2, is amended to read: 
 11.19     Subd. 2.  [ENFORCEMENT POWERS.] Transportation program 
 11.20  specialists and hazardous material program specialists of the 
 11.21  department, for the purpose of enforcing the provisions of (1) 
 11.22  this chapter, sections 169.781 to 169.783 relating to commercial 
 11.23  vehicle inspections, and section 296A.27, subdivisions 6 and 12, 
 11.24  relating to motor carrier licenses and trip permits, (2) Code of 
 11.25  Federal Regulations, title 49, parts 40 and 382, and (3) the 
 11.26  applicable rules, orders, or directives of the commissioner of 
 11.27  transportation and the commissioner of revenue, issued under 
 11.28  this chapter and chapter 296A, but for no other purpose, have 
 11.29  the powers conferred by law upon police officers.  The powers 
 11.30  include the authority to conduct inspections at designated 
 11.31  highway weigh stations or under other appropriate circumstances. 
 11.32     Sec. 13.  Minnesota Statutes 2000, section 221.221, 
 11.33  subdivision 4, is amended to read: 
 11.34     Subd. 4.  [DOCUMENT INSPECTION.] Records, log books, 
 11.35  certificates, licenses, shipping documents, or other papers or 
 11.36  documents required to determine compliance with this 
 12.1   chapter and, rules adopted under this chapter, and Code of 
 12.2   Federal Regulations, title 49, parts 40 and 382, must be 
 12.3   presented for inspection, upon request, to a peace officer or 
 12.4   police officer or other person empowered to enforce the 
 12.5   provisions of this chapter.  
 12.6      Sec. 14.  Minnesota Statutes 2000, section 221.605, 
 12.7   subdivision 1, is amended to read: 
 12.8      Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
 12.9   carriers and private carriers engaged in interstate commerce 
 12.10  shall comply with the federal motor carrier safety regulations, 
 12.11  in Code of Federal Regulations, title 49, parts 40, 382, 387, 
 12.12  and 390 to through 398; with Code of Federal Regulations, title 
 12.13  49, part 40; and with the rules of the commissioner concerning 
 12.14  inspections, vehicle and driver out-of-service restrictions and 
 12.15  requirements, and vehicle, driver, and equipment checklists.  
 12.16  For purposes of regulating commercial motor vehicles as defined 
 12.17  in section 169.781, subdivision 1, the exemption provided in 
 12.18  Code of Federal Regulations, title 49, section 396.11, paragraph 
 12.19  (d), applies in Minnesota only to driveaway-towaway operations. 
 12.20     (b) An interstate carrier or private carrier engaged in 
 12.21  interstate commerce who complies with federal regulations 
 12.22  governing testing for controlled substances and alcohol is 
 12.23  exempt from the requirements of sections 181.950 to 181.957 
 12.24  unless the carrier's drug testing program provides for testing 
 12.25  for controlled substances in addition to those listed in Code of 
 12.26  Federal Regulations, title 49, section 40.21, paragraph 
 12.27  (a) 40.85.  Persons subject to this section may test for drugs, 
 12.28  in addition to those listed in Code of Federal Regulations, 
 12.29  title 49, section 40.21, paragraph (a) 40.85, only in accordance 
 12.30  with sections 181.950 to 181.957 and rules adopted under those 
 12.31  sections. 
 12.32     Sec. 15.  Minnesota Statutes 2000, section 366.011, is 
 12.33  amended to read: 
 12.34     366.011 [CHARGES FOR EMERGENCY SERVICES; COLLECTION.] 
 12.35     A town may impose a reasonable service charge for emergency 
 12.36  services, including fire, rescue, medical, and related services 
 13.1   provided by the town or contracted for by the town.  If the 
 13.2   service charge remains unpaid 30 days after a notice of 
 13.3   delinquency is sent to the recipient of the service or the 
 13.4   recipient's representative or estate, the town or its contractor 
 13.5   on behalf of the town may use any lawful means allowed to a 
 13.6   private party for the collection of an unsecured delinquent 
 13.7   debt.  The town may also use the authority of section 366.012 to 
 13.8   collect unpaid service charges of this kind from delinquent 
 13.9   recipients of services who are owners of taxable real property 
 13.10  in the town. 
 13.11     The powers conferred by this section are in addition and 
 13.12  supplemental to the powers conferred by any other law for a town 
 13.13  to impose a service charge or assessment for a service provided 
 13.14  by the town or contracted for by the town. 
 13.15     Sec. 16.  Minnesota Statutes 2000, section 366.012, is 
 13.16  amended to read: 
 13.17     366.012 [COLLECTION OF UNPAID SERVICE CHARGES.] 
 13.18     If a town is authorized to impose a service charge on the 
 13.19  owner, lessee, or occupant of property, or any of them, for a 
 13.20  governmental service provided by the town, the town board may 
 13.21  certify to the county auditor of the county in which the 
 13.22  recipient of the services owns real property, on or before 
 13.23  October 15 for each year, any unpaid service charges which shall 
 13.24  then be collected together with property taxes levied against 
 13.25  the property.  The county auditor shall remit to the town all 
 13.26  service charges collected by the auditor on behalf of the town.  
 13.27  Charges collected under this section for motor vehicle fires 
 13.28  provided by section 161.465, subdivision 2, shall not exceed the 
 13.29  amount authorized in that subdivision, but a town may recover 
 13.30  expenses incurred for extinguishing a motor vehicle fire in 
 13.31  excess of that amount by any other authorized method.  A charge 
 13.32  may be certified to the auditor only if, on or before September 
 13.33  15, the town has given written notice to the property owner of 
 13.34  its intention to certify the charge to the auditor.  The service 
 13.35  charges shall be subject to the same penalties, interest, and 
 13.36  other conditions provided for the collection of property taxes.  
 14.1   This section is in addition to other law authorizing the 
 14.2   collection of unpaid costs and service charges. 
 14.3      Sec. 17.  Laws 2001, First Special Session chapter 8, 
 14.4   article 1, section 2, subdivision 7, is amended to read: 
 14.5   Subd. 7.  State Roads                975,975,000    988,878,000
 14.6                 Summary by Fund
 14.7   General                  9,000          9,000
 14.8   Trunk Highway      975,966,000    988,869,000
 14.9   The amounts that may be spent from this 
 14.10  appropriation for each activity are as 
 14.11  follows:  
 14.12  (a) State Road Construction 
 14.13     564,707,000    564,707,000
 14.14  It is estimated that these 
 14.15  appropriations will be funded as 
 14.16  follows:  
 14.17  Federal Highway Aid 
 14.18     275,000,000    300,000,000
 14.19  Highway User Taxes 
 14.20     289,707,000    264,707,000
 14.21  The commissioner of transportation 
 14.22  shall notify the chair of the 
 14.23  transportation budget division of the 
 14.24  senate and chair of the transportation 
 14.25  finance committee of the house of 
 14.26  representatives quarterly of any events 
 14.27  that should cause these estimates to 
 14.28  change. 
 14.29  This appropriation is for the actual 
 14.30  construction, reconstruction, and 
 14.31  improvement of trunk highways.  This 
 14.32  includes the cost of actual payment to 
 14.33  landowners for lands acquired for 
 14.34  highway rights-of-way, payment to 
 14.35  lessees, interest subsidies, and 
 14.36  relocation expenses. 
 14.37  The commissioner may transfer up to 
 14.38  $15,000,000 each year to the 
 14.39  transportation revolving loan fund. 
 14.40  The commissioner may receive money 
 14.41  covering other shares of the cost of 
 14.42  partnership projects.  These receipts 
 14.43  are appropriated to the commissioner 
 14.44  for these projects. 
 14.45  $1,000,000 the first year and 
 14.46  $1,000,000 the second year are for 
 14.47  trunk highway advantages to bus transit 
 14.48  in conjunction with highway 
 14.49  construction or reconstruction projects 
 14.50  in the commissioner's statewide 
 14.51  transportation improvement program.  
 15.1   For purposes of this appropriation, 
 15.2   "advantages to transit" includes 
 15.3   shoulder bus lanes, bus park-and-ride 
 15.4   facilities, and bus passenger waiting 
 15.5   facilities, but does not include (1) 
 15.6   any facility relating to light rail 
 15.7   transit or commuter rail or (2) bus 
 15.8   facilities or operating costs in a 
 15.9   light rail transit or commuter rail 
 15.10  corridor. 
 15.11  $5,000,000 the first year and 
 15.12  $5,000,000 the second year are for 
 15.13  acquisition of right-of-way for trunk 
 15.14  highway construction and reconstruction 
 15.15  projects in advance of final design 
 15.16  work for those projects. 
 15.17  The commissioner may not spend any 
 15.18  money from the trunk highway fund to 
 15.19  pay the operating costs of bus service 
 15.20  intended solely or primarily to 
 15.21  mitigate the effects of trunk highway 
 15.22  construction projects. 
 15.23  Until July 1, 2002, the commissioner 
 15.24  may not cancel, or remove from the 
 15.25  commissioner's statewide transportation 
 15.26  improvement program, the trunk highway 
 15.27  project that would construct a new 
 15.28  bridge across the St. Croix river at or 
 15.29  near the terminus of marked trunk 
 15.30  highway No. 36. 
 15.31  (b) Highway Debt Service 
 15.32      19,235,000     24,228,000
 15.33  $9,235,000 the first year and 
 15.34  $14,228,000 the second year are for 
 15.35  transfer to the state bond fund. 
 15.36  If this appropriation is insufficient 
 15.37  to make all transfers required in the 
 15.38  year for which it is made, the 
 15.39  commissioner of finance shall notify 
 15.40  the committee on state government 
 15.41  finance of the senate and the committee 
 15.42  on ways and means of the house of 
 15.43  representatives of the amount of the 
 15.44  deficiency and shall then transfer that 
 15.45  amount under the statutory open 
 15.46  appropriation.  
 15.47  Any excess appropriation must be 
 15.48  canceled to the trunk highway fund. 
 15.49  (c) Research and Investment Management 
 15.50      12,187,000     12,211,000
 15.51  $600,000 the first year and $600,000 
 15.52  the second year are available for 
 15.53  grants for transportation studies 
 15.54  outside the metropolitan area to 
 15.55  identify critical concerns, problems, 
 15.56  and issues.  These grants are available 
 15.57  to (1) regional development 
 15.58  commissions, and (2) in regions where 
 15.59  no regional development commission is 
 15.60  functioning, joint powers boards 
 16.1   established under agreement of two or 
 16.2   more political subdivisions in the 
 16.3   region to exercise the planning 
 16.4   functions of a regional development 
 16.5   commission, and (3) in regions where no 
 16.6   regional development commission or 
 16.7   joint powers board is functioning, the 
 16.8   department's district office for that 
 16.9   region. 
 16.10  $266,000 the first year and $266,000 
 16.11  the second year are available for 
 16.12  grants to metropolitan planning 
 16.13  organizations outside the seven-county 
 16.14  metropolitan area, including the 
 16.15  Mankato area. 
 16.16  $200,000 the first year is for an 
 16.17  update of the statewide transportation 
 16.18  plan.  This is a onetime appropriation 
 16.19  and may not be added to the agency's 
 16.20  budget base. 
 16.21  $75,000 the first year and $75,000 the 
 16.22  second year are for a transportation 
 16.23  research contingent account to finance 
 16.24  research projects that are reimbursable 
 16.25  from the federal government or from 
 16.26  other sources.  If the appropriation 
 16.27  for either year is insufficient, the 
 16.28  appropriation for the other year is 
 16.29  available for it. 
 16.30  $100,000 in the first year is for a 
 16.31  study of the feasibility and 
 16.32  desirability of allowing all vehicles 
 16.33  to use lanes on marked interstate 
 16.34  highways No. 394 and No. 35W presently 
 16.35  restricted to high-occupancy vehicles 
 16.36  only.  The commissioner shall determine 
 16.37  a time during which such use shall be 
 16.38  allowed, and take all necessary steps 
 16.39  to permit such use for the period of 
 16.40  the study.  The commissioner shall 
 16.41  contract with an independent consultant 
 16.42  to study the effects of opening the 
 16.43  lanes to all vehicles on traffic flow, 
 16.44  traffic congestion, transit and 
 16.45  high-occupancy vehicle use, and highway 
 16.46  safety on interstate highways No. 394 
 16.47  and No. 35W and other affected 
 16.48  highways.  The commissioner shall 
 16.49  report to the legislature on the 
 16.50  results of the study by February 1, 
 16.51  2002.  The commissioner shall take no 
 16.52  actions with respect to this study that 
 16.53  would result in a loss of federal funds 
 16.54  to the state or significant delay to a 
 16.55  state or local transportation project 
 16.56  financed partly with federal funds. 
 16.57  (d) Central Engineering Services
 16.58      65,031,000     66,338,000
 16.59  (e) Design and Construction Engineering
 16.60      89,335,000     91,046,000
 16.61  $500,000 the first year is for 
 16.62  planning, environmental studies, and 
 17.1   preliminary engineering for major river 
 17.2   crossings, other than rail, on the 
 17.3   trunk highway system.  
 17.4   (f) State Road Operations
 17.5      219,863,000    224,602,000
 17.6   $2,750,000 the first year and 
 17.7   $2,750,000 the second year are for 
 17.8   facilities' maintenance. 
 17.9   $2,000,000 the first year and 
 17.10  $2,000,000 the second year are for 
 17.11  improved highway striping. 
 17.12  $3,000,000 the first year and 
 17.13  $3,000,000 the second year are for road 
 17.14  equipment and fabrication of auxiliary 
 17.15  equipment for snowplow trucks. 
 17.16  $875,000 the first year and $875,000 
 17.17  the second year are to support highway 
 17.18  signal and lighting maintenance 
 17.19  activities. 
 17.20  The commissioner shall spend all money 
 17.21  available to the department of 
 17.22  transportation under Public Law Number 
 17.23  105-206, section 164 (repeat offender 
 17.24  transfer program), for hazard 
 17.25  elimination activities under United 
 17.26  States Code, title 23, section 152, and 
 17.27  shall not transfer any part of these 
 17.28  funds to any other agency. 
 17.29  (g) Electronic Communications
 17.30       5,617,000      5,746,000
 17.31                Summary by Fund
 17.32  General                   9,000         9,000
 17.33  Trunk Highway         5,608,000     5,737,000
 17.34  $9,000 the first year and $9,000 the 
 17.35  second year are from the general fund 
 17.36  for equipment and operation of the 
 17.37  Roosevelt signal tower for Lake of the 
 17.38  Woods weather broadcasting. 
 17.39     Sec. 18.  Laws 2001, First Special Session chapter 8, 
 17.40  article 1, section 8, is amended to read: 
 17.41     Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
 17.42  CONSTRUCTION BUDGET.] 
 17.43     The commissioner of transportation shall reduce the 
 17.44  construction budget of the department of transportation 
 17.45  construction district 1 by $35,000,000 $24,700,000 over the 
 17.46  period from fiscal year 2003 through fiscal year 2007, in order 
 17.47  to repay the advance of highway construction funds in fiscal 
 17.48  years 2001 and 2002.  The reduction in each year of the period 
 18.1   must equal the cost of trunk highway construction projects that 
 18.2   were originally scheduled to be constructed during that year 
 18.3   that were constructed in fiscal year 2001 or 2002 instead be 
 18.4   approximately $5,000,000 until the funds advanced have been 
 18.5   repaid. 
 18.6      [EFFECTIVE DATE.] This section is effective the day 
 18.7   following final enactment. 
 18.8      Sec. 19.  [ST. CROIX RIVER BRIDGE.] 
 18.9      Until July 1, 2003, the commissioner of transportation may 
 18.10  not cancel or remove from the commissioner's statewide 
 18.11  transportation improvement program, the trunk highway project 
 18.12  that would construct a new bridge across the St. Croix river at 
 18.13  or near the terminus of marked trunk highway No. 36. 
 18.14     Sec. 20.  [TRUNK HIGHWAY NO. 169 RECONSTRUCTION; PEDESTRIAN 
 18.15  SIGNAL.] 
 18.16     The commissioner of transportation shall, as part of the 
 18.17  reconstruction of marked trunk highway No. 169 (Ferry Street) in 
 18.18  the city of Anoka, prepare a new signal agreement relating to 
 18.19  the new pedestrian signal located between Benton Street and 
 18.20  Fremont Street.  All costs related to installation of the new 
 18.21  pedestrian signal must be paid by the city of Anoka.  The 
 18.22  commissioner may annually review the installation of the signal 
 18.23  at the East Frontage Road as described in signal agreement No. 
 18.24  81393R.  Notwithstanding approval granted under Minnesota 
 18.25  Statutes 2001, sections 161.162 to 161.167, the new pedestrian 
 18.26  signal shall be designated as the priority signal and the 
 18.27  commissioner may remove the signal at the East Frontage Road 
 18.28  location if the signal is determined detrimental to the safe 
 18.29  operation and functionality of trunk highway No. 169 (Ferry 
 18.30  Street). 
 18.31     Sec. 21.  [PROTECTION OF NATURAL FLOW.] 
 18.32     A stipulation agreement entered into between the Minnehaha 
 18.33  Creek watershed district and the Minnesota department of 
 18.34  transportation concerning the controversy at issue in Court File 
 18.35  No. MC01-07478 in the fourth judicial district of Hennepin 
 18.36  county, has the force of law and supersedes the provisions of 
 19.1   Laws 2001, chapter 101, section 1. 
 19.2      [EFFECTIVE DATE.] This section is effective the day 
 19.3   following final enactment. 
 19.4      Sec. 22.  [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION 
 19.5   PROJECT.] 
 19.6      Subdivision 1.  [ESTABLISHMENT OF PROJECT.] The 
 19.7   commissioner of transportation, in cooperation with the trunk 
 19.8   highway No. 55 joint powers board, shall establish a 
 19.9   corridor-protection demonstration project along the corridor of 
 19.10  trunk highway signed No. 55 between interstate highway signed 
 19.11  No. I-494 in Hennepin county and the city of Annandale in Wright 
 19.12  county.  The purpose of the corridor-protection demonstration 
 19.13  project is to develop a transferable process and methodologies 
 19.14  for trunk highway corridor coalitions to use in protecting a 
 19.15  corridor for future capacity needs, such as for additional 
 19.16  lanes, safety improvements, improved access management, and 
 19.17  transit services. 
 19.18     The commissioner, or a designee, shall participate as a 
 19.19  nonvoting member of the trunk highway No. 55 joint powers board, 
 19.20  provide technical advice and guidance relating to developing a 
 19.21  corridor-protection plan and official map, and provide a grant 
 19.22  to the board to hire a consultant.  The joint powers board shall 
 19.23  use the grant to hire a consultant to conduct, at a minimum, the 
 19.24  following activities: 
 19.25     (1) develop a preliminary plan and layout for the future 
 19.26  boundaries and right-of-way needs of the highway corridor; 
 19.27     (2) develop an official map of the corridor; 
 19.28     (3) conduct at least one official public hearing in the 
 19.29  corridor upon completion of the official map; 
 19.30     (4) assist the municipalities in making any necessary 
 19.31  comprehensive plan amendments, zoning changes, or ordinance 
 19.32  changes; and 
 19.33     (5) educate the municipalities regarding appropriate 
 19.34  strategies, procedures, and tools to use to protect the corridor 
 19.35  for the planned right-of-way needs. 
 19.36     Subd. 2.  [REPORT TO THE LEGISLATURE.] By January 15, 2004, 
 20.1   the commissioner shall report the results of the 
 20.2   corridor-protection demonstration project to the committees of 
 20.3   the senate and house of representatives with jurisdiction over 
 20.4   transportation policy and finance.  The report must include 
 20.5   findings regarding the effectiveness of assisting communities in 
 20.6   developing a corridor-protection plan and official map and 
 20.7   estimates of future right-of-way savings due to early 
 20.8   implementation of right-of-way protection mechanisms. 
 20.9      Subd. 3.  [APPROPRIATION.] $500,000 is appropriated from 
 20.10  the trunk highway fund to the commissioner of transportation to 
 20.11  be used as a grant to the trunk highway No. 55 joint powers 
 20.12  board for costs of hiring a consultant to conduct the activities 
 20.13  described in subdivision 1.  The grant is available only upon 
 20.14  the formation of a trunk highway No. 55 joint powers board that, 
 20.15  at a minimum, includes the counties of Hennepin and Wright, and 
 20.16  a majority of the cities and townships that include or border 
 20.17  trunk highway signed No. 55 between interstate highway signed 
 20.18  No. I-494 and the city of Annandale.  This appropriation cancels 
 20.19  to the trunk highway fund if a joint powers board has not been 
 20.20  formed by January 15, 2003, otherwise, it is available until 
 20.21  June 30, 2004. 
 20.22     Sec. 23.  [APPROPRIATION FOR TRANSPORTATION BUILDING.] 
 20.23     $5,046,000 is appropriated from the trunk highway fund to 
 20.24  the commissioner of administration for Minnesota department of 
 20.25  transportation building exterior repair, phase 1.  This 
 20.26  appropriation is to design and repair the anchoring system of 
 20.27  the exterior cladding of the department of transportation 
 20.28  building located at 395 John Ireland Boulevard in the capitol 
 20.29  complex. 
 20.30     Sec. 24.  [APPROPRIATION FOR CONSOLIDATED OPERATIONS 
 20.31  SUPPORT FACILITY.] 
 20.32     $9,500,000 is appropriated from the trunk highway fund to 
 20.33  the commissioner of transportation to design, construct, 
 20.34  furnish, and equip the consolidation of the central shop, 
 20.35  electrical services, and central inventory center in one 
 20.36  location.  
 21.1      Sec. 25.  [APPROPRIATION FOR MANKATO HEADQUARTERS 
 21.2   BUILDING.] 
 21.3      $14,000,000 is appropriated from the trunk highway fund to 
 21.4   the commissioner of transportation to design, construct, 
 21.5   furnish, and equip a replacement headquarters building and 
 21.6   support facilities on a new site in Mankato for Minnesota 
 21.7   department of transportation, state patrol, and driver's license 
 21.8   examination station. 
 21.9      Sec. 26.  [APPROPRIATION FOR COMMUNICATIONS/BACKBONE 
 21.10  DIGITAL CONVERSION.] 
 21.11     $2,000,000 is appropriated from the trunk highway fund to 
 21.12  the commissioner of transportation to convert the existing 
 21.13  Minnesota department of transportation analog microwave backbone 
 21.14  to digital equipment. 
 21.15     Sec. 27.  [EXEMPTION FROM MATCHING REQUIREMENT.] 
 21.16     All money received under Public Law Number 107-71, the 
 21.17  Aviation and Transportation Security Act, is exempt from the 
 21.18  matching requirements of Minnesota Statutes, section 360.305, 
 21.19  subdivision 4. 
 21.20     Sec. 28.  [REPEALER.] 
 21.21     Minnesota Statutes 2000, section 221.0313, is repealed.  
 21.22     Sec. 29.  [EFFECTIVE DATE.] 
 21.23     Section 1 is effective August 1, 2002, and applies to 
 21.24  public works contracts entered into on or after that date.  
 21.25  Section 20 is effective the day following final enactment.  
 21.26  Sections 23 to 26 are effective the day following final 
 21.27  enactment, and each appropriation is available until the project 
 21.28  is completed or abandoned.