Minnesota Legislature
SF 3806
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/19/2018 04:36pm
Current Version - 1st Engrossment
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 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
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 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 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 5.34 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 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 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 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
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 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 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
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 31.34 31.35 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 32.34 32.35 32.36 32.37 32.38 32.39 32.40 32.41 32.42 32.43 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
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 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 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 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 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 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 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 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 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 44.34
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 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 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 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 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 50.33 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 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 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
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 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 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 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 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 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 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
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 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 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 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 66.34 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
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 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
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 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 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 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
74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8
A bill for an act
relating to transportation; modifying various provisions governing transportation
and public safety policy and finance; modifying Metropolitan Council budgeting
requirements; appropriating money related to MNLARS; making appropriations;
amending Minnesota Statutes 2016, sections 16A.88, subdivision 2; 80E.13;
161.088, subdivision 2; 161.115, subdivision 111; 161.14, by adding subdivisions;
161.32, subdivision 2; 168.013, subdivision 6; 168.101, subdivision 2a; 168.127,
subdivisions 4, 6; 168.27, by adding subdivisions; 168.301, subdivision 3; 168.326;
168.33, subdivision 8a, by adding a subdivision; 168.346, subdivision 1; 168A.05,
by adding a subdivision; 168A.12, subdivision 2; 168A.151, subdivision 1;
168A.17, by adding a subdivision; 168A.29, subdivision 1; 169.011, subdivision
60; 169.14, subdivision 5; 169.18, subdivisions 10, 11, 12; 169.20, by adding a
subdivision; 169.26, subdivision 1; 169.28; 169.29; 169.71, subdivision 4; 169.81,
subdivision 5, by adding a subdivision; 169.8261, subdivision 2; 169.974,
subdivision 2; 171.041; 174.12, subdivision 8; 174.37, subdivision 6; 174.66;
221.031, subdivision 2d; 221.0314, subdivision 9; 221.036, subdivisions 1, 3;
221.122, subdivision 1; 221.161, subdivision 1, by adding a subdivision; 221.171,
subdivision 1; 299A.01, by adding a subdivision; 299A.705; 360.013, by adding
a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.062; 360.063,
subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066,
subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305,
subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25,
subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357,
subdivision 9, by adding a subdivision; 473.13, subdivisions 1, 4, by adding
subdivisions; 473.146, subdivisions 1, 3; 473.3994, by adding a subdivision;
574.26, subdivision 1a; Minnesota Statutes 2017 Supplement, sections 3.972,
subdivision 4; 168.013, subdivision 1a; 169.18, subdivision 7; 169.829, subdivision
4; 171.06, subdivision 2; 473.4051, subdivision 2; 473.4485, subdivision 2; Laws
2017, First Special Session chapter 3, article 1, section 4, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 161; 168A; 299A; 360;
repealing Minnesota Statutes 2016, sections 168.013, subdivision 21; 221.161,
subdivisions 2, 3, 4; 360.063, subdivision 4; 360.065, subdivision 2; 360.066,
subdivisions 1a, 1b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended
to read:
Subd. 4.
Certain transit financial activity reporting.
(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division deleted text begin and the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter,deleted text end new text begin two times each year. The first report, due
April 1, must include the quarters ending on September 30 and December 31 of the previous
calendar year. The second report, due October 1, must include the quarters ending on March
31 and June 30 of the current year. new text end The legislative auditor must submit the review to the
Legislative Audit Commission and the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance, finance, and ways and
means.
(b) At a minimum, each transit financial activity review must include:
(1) a summary of monthly financial statements, including balance sheets and operating
statements, that shows income, expenditures, and fund balance;
(2) a list of any obligations and agreements entered into related to transit purposes,
whether for capital or operating, including but not limited to bonds, notes, grants, and future
funding commitments;
(3) the amount of funds in clause (2) that has been committed;
(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues
and fund balance compared to expenditures, taking into account:
(i) all expenditure commitments;
(ii) cash flow;
(iii) sufficiency of estimated funds; and
(iv) financial solvency of anticipated transit projects; and
(5) a notification concerning whether the requirements under paragraph (c) have been
met.
(c) The Metropolitan Council deleted text begin and the joint powers board under section 297A.992deleted text end must
produce monthly financial statements as necessary for the review under paragraph (b),
clause (1), and provide timely information as requested by the legislative auditor.
new text begin
(d) This subdivision expires on April 15, 2023.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 16A.88, subdivision 2, is amended to read:
Subd. 2.
Metropolitan area transit account.
The metropolitan area transit account is
established within the transit assistance fund in the state treasury. All money in the account
is annually appropriated to the Metropolitan Council for deleted text begin the funding ofdeleted text end transit deleted text begin systemsdeleted text end new text begin
system operating expendituresnew text end within the metropolitan area under sections 473.384, 473.386,
473.387, 473.388, and 473.405 to 473.449.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 3.
Minnesota Statutes 2016, section 80E.13, is amended to read:
80E.13 UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS,
FACTORY BRANCHES.
It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch
to engage in any of the following practices:
(a) delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or
accessories in reasonable time and in reasonable quantity relative to the new motor vehicle
dealer's facilities and sales potential in the dealer's relevant market area, after having accepted
an order from a new motor vehicle dealer having a franchise for the retail sale of any new
motor vehicle sold or distributed by the manufacturer or distributor, if the new motor vehicle
or new motor vehicle parts or accessories are publicly advertised as being available for
delivery or actually being delivered. This clause is not violated, however, if the failure is
caused by acts or causes beyond the control of the manufacturer;
(b) refuse to disclose to any new motor vehicle dealer handling the same line make, the
manner and mode of distribution of that line make within the relevant market area;
(c) obtain money, goods, service, or any other benefit from any other person with whom
the dealer does business, on account of, or in relation to, the transaction between the dealer
and the other person, other than for compensation for services rendered, unless the benefit
is promptly accounted for, and transmitted to, the new motor vehicle dealer;
(d) increase prices of new motor vehicles which the new motor vehicle dealer had ordered
for private retail consumers prior to the dealer's receiving the written official price increase
notification. A sales contract signed by a private retail consumer shall constitute evidence
of each order if the vehicle is in fact delivered to that customer. In the event of manufacturer
price reductions, the amount of any reduction received by a dealer shall be passed on to the
private retail consumer by the dealer if the retail price was negotiated on the basis of the
previous higher price to the dealer;
(e) offer any refunds or other types of inducements to any new motor vehicle dealer for
the purchase of new motor vehicles of a certain line make without making the same offer
to all other new motor vehicle dealers in the same line make within geographic areas
reasonably determined by the manufacturer;
(f) release to any outside party, except under subpoena or in an administrative or judicial
proceeding involving the manufacturer or dealer, any business, financial, or personal
information which may be provided by the dealer to the manufacturer, without the express
written consent of the dealer or unless pertinent to judicial or governmental administrative
proceedings or to arbitration proceedings of any kind;
(g) deny any new motor vehicle dealer the right of free association with any other new
motor vehicle dealer for any lawful purpose;
(h) unfairly discriminate among its new motor vehicle dealers with respect to warranty
reimbursement or authority granted its new vehicle dealers to make warranty adjustments
with retail customers;
(i) compete with a new motor vehicle dealer in the same line make operating under an
agreement or franchise from the same manufacturer, distributor, or factory branch. A
manufacturer, distributor, or factory branch is considered to be competing when it has an
ownership interest, other than a passive interest held for investment purposes, in a dealership
of its line make located within the state. A manufacturer, distributor, or factory branch shall
not, however, be deemed to be competing when operating a dealership, either temporarily
or for a reasonable period, which is for sale to any qualified independent person at a fair
and reasonable price, or when involved in a bona fide relationship in which an independent
person has made a significant investment subject to loss in the dealership and can reasonably
expect to acquire full ownership and full management and operational control of the
dealership within a reasonable time on reasonable terms and conditions;
(j) prevent a new motor vehicle dealer from transferring or assigning a new motor vehicle
dealership to a qualified transferee. There shall be no transfer, assignment of the franchise,
or major change in the executive management of the dealership, except as is otherwise
provided in sections 80E.01 to 80E.17, without consent of the manufacturer, which shall
not be withheld without good cause. In determining whether good cause exists for
withholding consent to a transfer or assignment, the manufacturer, distributor, factory
branch, or importer has the burden of proving that the transferee is a person who is not of
good moral character or does not meet the franchisor's existing and reasonable capital
standards and, considering the volume of sales and service of the new motor vehicle dealer,
reasonable business experience standards in the market area. Denial of the request must be
in writing and delivered to the new motor vehicle dealer within 60 days after the manufacturer
receives the completed application customarily used by the manufacturer, distributor, factory
branch, or importer for dealer appointments. If a denial is not sent within this period, the
manufacturer shall be deemed to have given its consent to the proposed transfer or change.
In the event of a proposed sale or transfer of a franchise, the manufacturer, distributor,
factory branch, or importer shall be permitted to exercise a right of first refusal to acquire
the franchisee's assets or ownership if:
(1) the franchise agreement permits the manufacturer, distributor, factory branch, or
importer to exercise a right of first refusal to acquire the franchisee's assets or ownership
in the event of a proposed sale or transfer;
(2) the proposed transfer of the dealership or its assets is of more than 50 percent of the
ownership or assets;
(3) the manufacturer, distributor, factory branch, or importer notifies the dealer in writing
within 60 days of its receipt of the complete written proposal for the proposed sale or transfer
on forms generally utilized by the manufacturer, distributor, factory branch, or importer for
such purposes and containing the information required therein and all documents and
agreements relating to the proposed sale or transfer;
(4) the exercise of the right of first refusal will result in the dealer and dealer's owners
receiving the same or greater consideration with equivalent terms of sale as is provided in
the documents and agreements submitted to the manufacturer, distributor, factory branch,
or importer under clause (3);
(5) the proposed change of 50 percent or more of the ownership or of the dealership
assets does not involve the transfer or sale of assets or the transfer or issuance of stock by
the dealer or one or more dealer owners to a family member, including a spouse, child,
stepchild, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer
owner; to a manager who has been employed in the dealership for at least four years and is
otherwise qualified as a dealer operator; or to a partnership or corporation owned and
controlled by one or more of such persons; and
(6) the manufacturer, distributor, factory branch, or importer agrees to pay the reasonable
expenses, including reasonable attorney fees, which do not exceed the usual customary and
reasonable fees charged for similar work done for other clients incurred by the proposed
new owner and transferee before the manufacturer, distributor, factory branch, or importer
exercises its right of first refusal, in negotiating and implementing the contract for the
proposed change of ownership or transfer of dealership assets. However, payment of such
expenses and attorney fees shall not be required if the dealer has not submitted or caused
to be submitted an accounting of those expenses within 20 days after the dealer's receipt of
the manufacturer, distributor, factory branch, or importer's written request for such an
accounting. The manufacturer, distributor, factory branch, or importer may request such an
accounting before exercising its right of first refusal. The obligation created under this clause
is enforceable by the transferee;
(k) threaten to modify or replace or modify or replace a franchise with a succeeding
franchise that would adversely alter the rights or obligations of a new motor vehicle dealer
under an existing franchise or that substantially impairs the sales or service obligations or
investments of the motor vehicle dealer;
(l) unreasonably deny the right to acquire factory program vehicles to any dealer holding
a valid franchise from the manufacturer to sell the same line make of vehicles, provided
that the manufacturer may impose reasonable restrictions and limitations on the purchase
or resale of program vehicles to be applied equitably to all of its franchised dealers. For the
purposes of this paragraph, "factory program vehicle" has the meaning given the term in
section 80E.06, subdivision 2;
(m) fail or refuse to offer to its same line make franchised dealers all models manufactured
for that line make, other than alternative fuel vehicles as defined in section 216C.01,
subdivision 1b. Failure to offer a model is not a violation of this section if the failure is not
arbitrary and is due to a lack of manufacturing capacity, a strike, labor difficulty, or other
cause over which the manufacturer, distributor, or factory branch has no control;
(n) require a dealer to pay an extra fee, or remodel, renovate, or recondition the dealer's
existing facilities, or purchase unreasonable advertising displays, training, tools, or other
materials, or to require the dealer to establish exclusive facilities or dedicated personnel as
a prerequisite to receiving a model or a series of vehicles;
(o) require a dealer to adhere to performance standards that are not applied uniformly
to other similarly situated dealers.
A performance standard, sales objective, or program for measuring dealership performance
that may have a material effect on a dealer, including the dealer's right to payment under
any incentive or reimbursement program, and the application of the standard or program
by a manufacturer, distributor, or factory branch must be fair, reasonable, equitable, and
based on accurate information.
A manufacturer, distributor, or factory branch has the burden of proving that the performance
standard, sales objective, or program for measuring dealership performance is fair and
reasonable under this subdivision;
(p) unreasonably reduce a dealer's area of sales effectiveness without giving at least 90
days' notice of the proposed reduction. The change may not take effect if the dealer
commences a civil action to determine whether there is good cause for the change within
the 90 days' notice period. The burden of proof in such an action shall be on the manufacturer
or distributor; deleted text begin or
deleted text end
(q) to charge back, withhold payment, deny vehicle allocation, or take any other adverse
action against a dealer when a new vehicle sold by the dealer has been exported to a foreign
country, unless the manufacturer, distributor, or factory branch can show that at the time
of sale, the customer's information was listed on a known or suspected exporter list made
available to the dealer, or the dealer knew or reasonably should have known of the purchaser's
intention to export or resell the motor vehicle in violation of the manufacturer's export
policy. There is a rebuttable presumption that the dealer did not know or should not have
reasonably known that the vehicle would be exported or resold in violation of the
manufacturer's export policy if the vehicle is titled and registered in any state of the United
Statesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(r) to implement a charge back or withhold payment to a dealer that is solely due to an
unreasonable delay by the registrar, as defined in section 168.002, subdivision 29, in the
transfer or registration of a new motor vehicle. The dealer must give the manufacturer notice
of the state's delay in writing. Within 30 days of any notice of a charge back, withholding
of payments, or denial of a claim, the dealer must transmit to the manufacturer (1)
documentation to demonstrate the vehicle sale and delivery as reported; and (2) a written
attestation signed by the dealer operator or general manager stating that the delay is
attributable to the state. This clause expires on June 30, 2021.
new text end
Sec. 4.
Minnesota Statutes 2016, section 161.088, subdivision 2, is amended to read:
Subd. 2.
Program authority; funding.
(a) As provided in this section, the commissioner
shall establish a corridors of commerce program for trunk highway construction,
reconstruction, and improvement, including maintenance operations, that improves commerce
in the state.
(b) The commissioner may expend funds under the program from appropriations to the
commissioner that are:
(1) made specifically by law for use under this section;
(2) at the discretion of the commissioner, made for the budget activities in the state roads
program of operations and maintenance, program planning and delivery, or state road
construction; and
(3) made for the corridor investment management strategy program, unless specified
otherwise.
(c) The commissioner shall include in the program the cost participation policy for local
units of government.
new text begin
(d) Program funds must be allocated so that no less than 49 percent are for projects
within the metropolitan area, as defined in section 473.121, subdivision 2, and no less than
49 percent are for projects outside the metropolitan area, as defined in section 473.121,
subdivision 2. Up to two percent of program funds may be allocated without regard to the
project's geographic location.
new text end
Sec. 5.
Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:
Subd. 111.
Route No. 180.
Beginning at a point on Route No. deleted text begin 392 southwest or west
of Ashbydeleted text end new text begin 3 at or near Erdahlnew text end , thence extending in a general northerly or northeasterly
direction to a point on deleted text begin Route No. 153 as herein established at or near Ashby, thence extending
in a northeasterly direction to a point ondeleted text end Route No. 181 as herein established at or near
Ottertail.
Sec. 6.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 87. new text end
new text begin Officer Bill Mathews Memorial Highway. new text end
new text begin
That segment of marked U.S.
Highway 12 within the city limits of Wayzata is designated as "Officer Bill Mathews
Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs.
new text end
Sec. 7.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 88. new text end
new text begin Trooper Ray Krueger Memorial Highway. new text end
new text begin
That segment of marked Trunk
Highway 210 within Cass County is designated as "Trooper Ray Krueger Memorial
Highway." Subject to section 161.139, the commissioner shall adopt a suitable design to
mark this highway and erect appropriate signs in the vicinity of the location where Trooper
Krueger died.
new text end
Sec. 8.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 89. new text end
new text begin Trooper Dale G. Roehrich Memorial Highway. new text end
new text begin
That segment of marked
U.S. Highway 61 from Lake City to Wabasha is designated as "Trooper Dale G. Roehrich
Memorial Highway." Subject to section 161.139, the commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs.
new text end
Sec. 9.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 90. new text end
new text begin Warrant Officer Dennis A. Groth Memorial Bridge. new text end
new text begin
The bridge on marked
U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within
the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."
Subject to section 161.139, the commissioner shall adopt a suitable design to mark the
bridge and erect appropriate signs.
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. 10.
Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 91. new text end
new text begin Specialist Noah Pierce Bridge. new text end
new text begin
The bridge on marked U.S. Highway 53 over
marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce
Bridge." Subject to section 161.139, the commissioner shall adopt a suitable design to mark
this bridge and erect appropriate signs.
new text end
Sec. 11.
Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:
Subd. 2.
Direct negotiation.
In cases where the estimated cost of construction work or
maintenance work does not exceed deleted text begin $150,000deleted text end new text begin $250,000new text end , the commissioner may enter into
a contract for the work by direct negotiation, by obtaining two or more quotations for the
work, and without advertising for bids or otherwise complying with the requirements of
competitive bidding if the total contractual obligation of the state for the directly negotiated
contract or contracts on any single project does not exceed deleted text begin $150,000deleted text end new text begin $250,000new text end . All quotations
obtained shall be kept on file for a period of at least one year after receipt of the quotation.
Sec. 12.
new text begin
[161.369] INDIAN EMPLOYMENT PREFERENCE.
new text end
new text begin
As authorized by United States Code, title 23, section 140(d), the commissioner of
transportation may implement an Indian employment preference for members of federally
recognized tribes on projects carried out under United States Code, title 23, on or near an
Indian reservation. For purposes of this section, a project is on or near a reservation if: (1)
the project is within the distance a person seeking employment could reasonably be expected
to commute to and from each work day; or (2) the commissioner, in consultation with
federally recognized Minnesota tribes, determines a project is near an Indian reservation.
new text end
Sec. 13.
Minnesota Statutes 2017 Supplement, section 168.013, subdivision 1a, is amended
to read:
Subd. 1a.
Passenger automobile; hearse.
(a) On passenger automobiles as defined in
section 168.002, subdivision 24, and hearses, except as otherwise provided, the tax is $10
plus an additional tax equal to 1.25 percent of the base value.
(b) Subject to the classification provisions herein, "base value" means the manufacturer's
suggested retail price of the vehicle including destination charge using list price information
published by the manufacturer or determined by the registrar if no suggested retail price
exists, and shall not include the cost of each accessory or item of optional equipment
separately added to the vehicle and the suggested retail price.new text begin In the case of the first
registration of a new vehicle sold or leased by a licensed dealer, the dealer may elect to
individually determine the base value of the vehicle using suggested retail price information
provided by the manufacturer. The registrar must use the base value determined by the
dealer to properly classify the vehicle. A dealer that elects to make the determination must
retain a copy of the suggested retail price label or other supporting documentation with the
vehicle transaction records maintained under Minnesota Rules, part 7400.5200.
new text end
(c) If the manufacturer's list price information contains a single vehicle identification
number followed by various descriptions and suggested retail prices, the registrar shall
select from those listings only the lowest price for determining base value.
(d) If unable to determine the base value because the vehicle is specially constructed,
or for any other reason, the registrar may establish such value upon the cost price to the
purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales
or use tax or any local sales or other local tax.
(e) The registrar shall classify every vehicle in its proper base value class as follows:
| FROM |
TO |
||
| $ |
0 |
$ 199.99 |
|
| $ |
200 |
$ 399.99 |
|
and thereafter a series of classes successively set in brackets having a spread of $200
consisting of such number of classes as will permit classification of all vehicles.
(f) The base value for purposes of this section shall be the middle point between the
extremes of its class.
(g) The registrar shall establish the base value, when new, of every passenger automobile
and hearse registered prior to the effective date of Extra Session Laws 1971, chapter 31,
using list price information published by the manufacturer or any nationally recognized
firm or association compiling such data for the automotive industry. If unable to ascertain
the base value of any registered vehicle in the foregoing manner, the registrar may use any
other available source or method. The registrar shall calculate tax using base value
information available to dealers and deputy registrars at the time the application for
registration is submitted. The tax on all previously registered vehicles shall be computed
upon the base value thus determined taking into account the depreciation provisions of
paragraph (h).
(h) The annual additional tax must be computed upon a percentage of the base value as
follows: during the first year of vehicle life, upon 100 percent of the base value; for the
second year, 90 percent of such value; for the third year, 80 percent of such value; for the
fourth year, 70 percent of such value; for the fifth year, 60 percent of such value; for the
sixth year, 50 percent of such value; for the seventh year, 40 percent of such value; for the
eighth year, 30 percent of such value; for the ninth year, 20 percent of such value; for the
tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.
(i) In no event shall the annual additional tax be less than $25.
(j) For any vehicle previously registered in Minnesota and regardless of prior ownership,
the total amount due under this subdivision and subdivision 1m must not exceed the smallest
total amount previously paid or due on the vehicle.
Sec. 14.
Minnesota Statutes 2016, section 168.013, subdivision 6, is amended to read:
Subd. 6.
Listing by dealers.
The owner of every motor vehicle not exempted by section
168.012 or 168.28deleted text begin , shalldeleted text end new text begin mustnew text end , so long as it is subject to taxation within the state, new text begin annually
new text end list and register the same and pay the tax deleted text begin herein provided annuallydeleted text end new text begin under this sectionnew text end ;
provided, however, that any dealer in motor vehicles, to whom dealer's plates have been
issued as provided in this chapter, coming into the possession of deleted text begin any suchdeleted text end new text begin anew text end motor vehicle
to be held solely for the purpose of sale or demonstration or both, deleted text begin shall bedeleted text end new text begin isnew text end entitled to
withhold the tax new text begin due on the vehicle from the prior registration period or new text end becoming due deleted text begin on
such vehicledeleted text end for the following yearnew text begin and no lien for registration tax as provided in section
168.31, subdivision 6, shall attachnew text end . When, thereafter, deleted text begin suchdeleted text end new text begin thenew text end vehicle is otherwise used or
is sold, leased, or rented to another person, firm, corporation, or association, the tax for the
remainder of the year, prorated on a monthly basis, deleted text begin shall becomedeleted text end new text begin becomesnew text end payable
immediately.
Sec. 15.
Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:
Subd. 2a.
Failure to deleted text begin send to registrardeleted text end new text begin submitnew text end within ten days.
Any person who fails
to mail in the application for registration or transfer with appropriate taxes and fees to thenew text begin
commissioner or a deputynew text end registrar deleted text begin of motor vehiclesdeleted text end new text begin ,new text end or otherwise fails to submit deleted text begin saiddeleted text end new text begin thenew text end
forms and remittance deleted text begin to the registrardeleted text end new text begin ,new text end within ten days following date of sale deleted text begin shall bedeleted text end new text begin isnew text end guilty
of a misdemeanor.
Sec. 16.
Minnesota Statutes 2016, section 168.127, subdivision 4, is amended to read:
Subd. 4.
Filing registration applications.
Initial fleet applications for registration and
renewals must be filed with the registrar or deleted text begin authorizeddeleted text end new text begin a new text end deputy registrar.
Sec. 17.
Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:
Subd. 6.
Fee.
deleted text begin Instead of the filing fee described in section 168.33, subdivision 7,deleted text end new text begin For
each vehicle in the fleet,new text end the applicant for fleet registration shall paynew text begin :
new text end
new text begin
(1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy
registrar; or
new text end
new text begin (2)new text end an equivalent administrative fee deleted text begin to thedeleted text end new text begin for transactions processed by thenew text end commissioner
deleted text begin for each vehicle in the fleetdeleted text end new text begin , which is imposed instead of the filing fee in section 168.33,
subdivision 7new text end .
Sec. 18.
Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to
read:
new text begin Subd. 32. new text end
new text begin Multiple licenses. new text end
new text begin
If a single legal entity holds more than one new or used
vehicle dealer license, new and used vehicles owned by the entity may be held and offered
for sale at any of the licensed dealership locations without assigning vehicle ownership or
title from one licensee to another. This subdivision does not authorize the sale or offering
for sale of new vehicles by a licensee without a franchise described in subdivision 10.
new text end
Sec. 19.
Minnesota Statutes 2016, section 168.27, is amended by adding a subdivision to
read:
new text begin Subd. 33. new text end
new text begin Designated dealer title and registration liaison. new text end
new text begin
The registrar must designate
by name and provide contact information for one or more registrar employees as needed to
(1) promptly and effectively respond to questions from licensed dealers, and (2) troubleshoot
dealer issues related to vehicle titling and registration.
new text end
Sec. 20.
Minnesota Statutes 2016, section 168.301, subdivision 3, is amended to read:
Subd. 3.
Late fee.
In addition to any fee or tax otherwise authorized or imposed upon
the transfer of title for a motor vehicle, the commissioner of public safety shall impose a
$2 additional fee for failure to deliver a title transfer within ten business days.new text begin This
subdivision does not apply to transfers from licensed vehicle dealers.
new text end
Sec. 21.
Minnesota Statutes 2016, section 168.326, is amended to read:
168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.
(a) When an applicant requests and pays an expedited service fee of $20, in addition to
other specified and statutorily mandated fees and taxes, the commissionernew text begin or, if appropriate,
a driver's license agent or deputy registrar,new text end shall expedite the processing of an application
for a driver's license, driving instruction permit, Minnesota identification card, or vehicle
title transaction.
(b) A driver's license agent or deputy registrar may retain $10 of the expedited service
fee for each expedited service request processed by the licensing agent or deputy registrar.
(c) When expedited service is requested, materials must be mailed or delivered to the
requester within three days of receipt of the expedited service fee excluding Saturdays,
Sundays, or the holidays listed in section 645.44, subdivision 5. The requester shall comply
with all relevant requirements of the requested document.
(d) The commissioner may decline to accept an expedited service request if it is apparent
at the time it is made that the request cannot be granted.new text begin The commissioner must not decline
an expedited service request and must not prevent a driver's license agent or deputy from
accepting an expedited service request solely on the basis of limitations of the driver and
vehicle services information technology system.
new text end
(e) The expedited service fees collected under this section for an application for a driver's
license, driving instruction permit, or Minnesota identification card minus any portion
retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the
driver services operating account in the special revenue fund specified under section
299A.705.
(f) The expedited service fees collected under this section for a transaction for a vehicle
service minus any portion retained by a licensing agent or deputy registrar under paragraph
(b) must be paid into the vehicle services operating account in the special revenue fund
specified under section 299A.705.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 1, 2018.
new text end
Sec. 22.
Minnesota Statutes 2016, section 168.33, subdivision 8a, is amended to read:
Subd. 8a.
Electronic transmission.
new text begin (a) new text end If the commissioner accepts electronic
transmission of a motor vehicle transfer and registration by a new or used motor vehicle
dealer, a deputy registrar who is equipped with electronic transmission technology and
trained in its use shall receive the filing fee provided for in subdivision 7 and review the
transfer of each new or used motor vehicle to determine its genuineness and regularity
before issuance of a certificate of title, and shall receive and retain the filing fee under
subdivision 7, paragraph (a), clause deleted text begin (ii)deleted text end new text begin (2)new text end .
new text begin
(b) The commissioner must establish reasonable performance, security, technical, and
financial standards to approve and allow companies that provide computer software and
services to motor vehicle dealers to electronically transmit vehicle title transfer and
registration information. An approved company must be offered access to department
facilities, staff, and technology on a fair and reasonable basis.
new text end
Sec. 23.
Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to
read:
new text begin Subd. 8b. new text end
new text begin Transactions by mail. new text end
new text begin
A deputy registrar may receive motor vehicle
applications and submissions under this chapter and chapter 168A by mail and may process
the transactions including retention of the appropriate filing fee under subdivision 7.
new text end
Sec. 24.
Minnesota Statutes 2016, section 168.346, subdivision 1, is amended to read:
Subdivision 1.
Vehicle registration data; federal compliance.
(a) Data on an individual
provided to register a vehicle shall be treated as provided by United States Code, title 18,
section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted
by that section. new text begin The commissioner is prohibited from restricting the uses for which a licensed
dealer may obtain data as permitted by United States Code, title 18, section 2721, subsections
(b)(2), (3), (7), and (13). new text end The commissioner shall disclose the data in bulk form to an
authorized recipient upon request for any of the permissible uses described in United States
Code, title 18, section 2721.
(b) The registered owner of a vehicle who is an individual may consent in writing to the
commissioner to disclose the individual's personal information exempted by United States
Code, title 18, section 2721, to any person who makes a written request for the personal
information. If the registered owner is an individual and so authorizes disclosure, the
commissioner shall implement the request.
(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.
Sec. 25.
Minnesota Statutes 2016, section 168A.05, is amended by adding a subdivision
to read:
new text begin Subd. 1d. new text end
new text begin Issuance of certificate by deputy registrar. new text end
new text begin
(a) If an application for a vehicle's
certificate of title is received by a deputy registrar and the deputy registrar is satisfied as to
its genuineness and regularity and that the applicant is entitled to the issuance of a certificate
of title, the deputy registrar may issue a certificate of title for the vehicle.
new text end
new text begin
(b) On or before August 1, 2019, the commissioner must authorize a deputy registrar to
issue a certificate of title, subject to procedures established by the commissioner.
new text end
Sec. 26.
Minnesota Statutes 2016, section 168A.12, subdivision 2, is amended to read:
Subd. 2.
Owner's interest terminated or vehicle sold by secured party.
If the interest
of the owner is terminated or the vehicle is sold under a security agreement by a secured
party named in the certificate of titlenew text begin or an assignee of the secured partynew text end , the transferee shall
promptly mail or deliver to the department the last certificate of title, if available, an
application for a new certificate in the format the department prescribes, and an affidavit
made by or on behalf of the secured party new text begin or assignee new text end that the interest of the owner was
lawfully terminated or the vehicle sold pursuant to the terms of the security agreement. If
the secured party new text begin or assignee new text end succeeds to the interest of the owner and holds the vehicle for
resale, the secured party new text begin or assignee new text end need not secure a new certificate of titlenew text begin ;new text end provided that
a notice thereof in a format designated by the department is mailed or delivered by the
secured party new text begin or assignee new text end to the department in duplicate within 48 hours, but upon transfer
to another person the secured party new text begin or assignee new text end shall promptly execute assignment and
warranty of title and mail or deliver to the transferee or the department the certificate, if
available, the affidavit, and other documents required to be sent to the department by the
transferee.
Sec. 27.
Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:
Subdivision 1.
Salvage titles.
(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a deleted text begin late-model or high-valuedeleted text end vehicle through payment of
damages, the insurer shall immediately apply for a salvage certificate of title or shall stamp
the existing certificate of title with the legend "SALVAGE CERTIFICATE OF TITLE" in
a manner prescribed by the department. Within ten days of obtaining the title of a vehicle
through payment of damages, an insurer must notify the department in a manner prescribed
by the department.
(b) A person shall immediately apply for a salvage certificate of title if the person acquires
a damaged deleted text begin late-model or high-valuedeleted text end vehicle with an out-of-state title and the vehicle:
(1) is a vehicle that was acquired by an insurer through payment of damages;
(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle;
or
(3) has an out-of-state salvage certificate of title as proof of ownership.
(c) A self-insured owner of a late-model or high-value vehicle that sustains damage by
collision or other occurrence which exceeds 80 percent of its actual cash value shall
immediately apply for a salvage certificate of title.
Sec. 28.
Minnesota Statutes 2016, section 168A.17, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Notice of perfection by dealer. new text end
new text begin
When a security interest in a vehicle sold by
a dealer licensed under section 168.27 is perfected under subdivision 2, the dealer may
provide a statement of perfection to the secured party on a form provided by the department.
The statement must certify compliance with subdivision 2 and contain the date of delivery
to the department. The information provided in the dealer's statement is considered prima
facie evidence of the facts contained in it.
new text end
Sec. 29.
new text begin
[168A.241] MOTOR VEHICLE TITLE TRANSFER AND REGISTRATION
ADVISORY COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Members. new text end
new text begin
(a) The Motor Vehicle Title and Registration Advisory
Committee consists of the following 13 members:
new text end
new text begin
(1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(3) one representative from the Minnesota Deputy Registrar's Association;
new text end
new text begin
(4) one representative from the Minnesota Automobile Dealers Association;
new text end
new text begin
(5) one representative from the Northland Independent Automobile Dealers Association;
new text end
new text begin
(6) one staff member from the Department of Public Safety Driver and Vehicle Services
Division;
new text end
new text begin
(7) two representatives from deputy registrars, appointed by the commissioner;
new text end
new text begin
(8) two representatives from dealers licensed under section 168.27, appointed by the
commissioner; and
new text end
new text begin
(9) one representative who performs auctions exclusively for dealers licensed under
section 168.27 and not for the general public, appointed by the commissioner following
consultation with eligible auto auction businesses.
new text end
new text begin
(b) Section 15.059 governs the Motor Vehicle Title and Registration Advisory Committee.
new text end
new text begin
(c) Members of the advisory committee must be compensated and reimbursed for
expenses as provided in section 15.059, subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Organization. new text end
new text begin
(a) The members of the advisory committee must annually elect
a chair and other officers as the members deem necessary.
new text end
new text begin
(b) The advisory committee must meet at least two times per year.
new text end
new text begin Subd. 3. new text end
new text begin Open meetings. new text end
new text begin
The advisory committee is subject to chapter 13D. An advisory
committee meeting occurs when a quorum is present and the members receive information,
discuss, or take action on any matter relating to the advisory committee's duties . The advisory
committee may conduct meetings as provided in section 13D.015 or 13D.02. The advisory
committee may conduct meetings at any location in the state that is appropriate for the
purposes of the advisory committee, provided the location is open and accessible to the
public. For legislative members of the advisory committee, enforcement of this subdivision
is governed by section 3.055, subdivision 2. For nonlegislative members of the advisory
committee, enforcement of this subdivision is governed by section 13D.06, subdivisions 1
and 2.
new text end
new text begin Subd. 4. new text end
new text begin Staff. new text end
new text begin
The commissioner must provide support staff, office space, and
administrative services to the advisory committee.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
The advisory committee's duties include but are not limited to:
new text end
new text begin
(1) serving in an advisory capacity to the commissioner of public safety and the director
of driver and vehicle services on matters relevant to:
new text end
new text begin
(i) effective and efficient systems relating to the ownership, transfer, and registration of
motor vehicles; and
new text end
new text begin
(ii) planning and implementing future changes and enhancements to vehicle registration
systems; and
new text end
new text begin
(2) reviewing and making recommendations with respect to work plans, policy initiatives,
major activities, and strategic planning.
new text end
new text begin Subd. 6. new text end
new text begin Report and recommendations. new text end
new text begin
Beginning February 15, 2019, and annually
thereafter, the commissioner must prepare and submit to the chairs and ranking minority
members of the committees of the house of representatives and the senate with jurisdiction
over motor vehicle title and registration a report that summarizes the advisory committee's
activities, issues identified by the advisory committee, methods taken to address the issues,
and recommendations for legislative action, if needed.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The advisory committee expires June 30, 2021.
new text end
Sec. 30.
Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:
Subdivision 1.
Amounts.
(a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an original certificate of title, deleted text begin the
sum of:
deleted text end
deleted text begin
(i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705, and from July 1,
2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account; and
deleted text end
deleted text begin (ii) on and after January 1, 2017,deleted text end $8.25new text begin ,new text end of which $4.15 must be paid into the vehicle
services operating accountnew text begin under section 299A.705new text end ;
(2) for each security interest when first noted upon a certificate of title, including the
concurrent notation of any assignment thereof and its subsequent release or satisfaction, deleted text begin the
sum ofdeleted text end $2, except that no fee is due for a security interest filed by a public authority under
section 168A.05, subdivision 8;
deleted text begin
(3) until December 31, 2016, for the transfer of the interest of an owner and the issuance
of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle
services operating account of the special revenue fund under section 299A.705, and from
July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to
the driver and vehicle services technology account;
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end for each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, deleted text begin the sum ofdeleted text end $1; and
deleted text begin (5)deleted text end new text begin (4)new text end for issuing a duplicate certificate of title, deleted text begin the sum ofdeleted text end $7.25new text begin ,new text end of which $3.25 must
be paid into the vehicle services operating account deleted text begin of the special revenue funddeleted text end under section
299A.705deleted text begin ; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee
and credited to the driver and vehicle services technology accountdeleted text end .
(b) In addition to the fee required under paragraph (a), clause (1), the department must
be paid $3.50. The additional $3.50 fee collected under this paragraph must be deposited
in the special revenue fund and credited to the public safety motor vehicle account established
in section 299A.70.
Sec. 31.
Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:
Subd. 60.
Railroad train.
"Railroad train" means a steam engine, electric or other motor,
with or without cars coupled thereto, operated upon rails, except streetcars.new text begin Railroad train
includes on-track equipment or other rolling stock operated upon rails, whether self-propelled
or coupled to another device.
new text end
Sec. 32.
Minnesota Statutes 2016, section 169.14, subdivision 5, is amended to read:
Subd. 5.
Zoning within local area.
new text begin (a) new text end When local authorities believe that the existing
speed limit upon any street or highway, or part thereof, within their respective jurisdictions
and not a part of the trunk highway system is greater or less than is reasonable or safe under
existing conditions, they may request the commissioner to authorize, upon the basis of an
engineering and traffic investigation, the erection of appropriate signs designating what
speed is reasonable and safe, and the commissioner may authorize the erection of appropriate
signs designating a reasonable and safe speed limit thereat, which speed limit shall be
effective when such signs are erected. Any speeds in excess of these speed limits shall be
prima facie evidence that the speed is not reasonable or prudent and that it is unlawful;
except that any speed limit within any municipality shall be a maximum limit and any speed
in excess thereof shall be unlawful. Alteration of speed limits on streets and highways shall
be made only upon authority of the commissioner except as provided in subdivision 5a.
new text begin
(b) At the request of a county board, the commissioner may establish a speed limit in
excess of 55 miles per hour on a county road or county engineer state-aid highway upon
the basis of an engineering and traffic investigation. The county engineer must erect
appropriate signs and the increased speed limit is effective when the signs are erected.
new text end
new text begin
(c) Notwithstanding paragraphs (a) and (b), a county board may by resolution increase
or decrease the speed limit of any street or highway within the county's jurisdiction by five
or ten miles per hour. The county engineer must erect appropriate signs to display the new
speed limit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 33.
Minnesota Statutes 2017 Supplement, section 169.18, subdivision 7, is amended
to read:
Subd. 7.
Laned highway.
When any roadway has been divided into two or more clearly
marked lanes for traffic, the following rules, in addition to all others consistent deleted text begin herewithdeleted text end new text begin
with this subdivisionnew text end , deleted text begin shalldeleted text end apply:
deleted text begin (a)deleted text end new text begin (1)new text end A vehicle shall be driven as nearly as practicable entirely within a single lane
and shall not be moved from deleted text begin suchdeleted text end new text begin thenew text end lane until the driver has first ascertained that deleted text begin suchdeleted text end new text begin thenew text end
movement can be made with safetydeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (b)deleted text end new text begin (2)new text end Upon a roadway which is not a one-way roadway and which is divided into three
lanes, a vehicle shall not be driven in the center lane except when overtaking and passing
another vehicle where the roadway is clearly visible and deleted text begin suchdeleted text end new text begin thenew text end center lane is clear of
traffic within a safe distance, or in preparation for a left turn or where deleted text begin suchdeleted text end new text begin thenew text end center lane
is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding,
and is signposted to give notice of deleted text begin suchdeleted text end new text begin thenew text end allocation. The left lane of a three-lane roadway
which is not a one-way roadway shall not be used for overtaking and passing another vehicledeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (c)deleted text end new text begin (3)new text end Official signs may be erected directing slow-moving traffic to use a designated
lane or allocating specified lanes to traffic moving in the same direction, and drivers of
vehicles shall obey the deleted text begin directions of every suchdeleted text end signdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (d)deleted text end new text begin (4)new text end Whenever a bicycle lane has been established on a roadway, any person operating
a motor vehicle on deleted text begin suchdeleted text end new text begin thenew text end roadway shall not drive in the bicycle lane except to perform
parking maneuvers in order to park where parking is permitted, to enter or leave the highway,
to prepare for a turn as provided in section 169.19, subdivision 1, or to stop a school bus
for the purpose of receiving or discharging any person provided the school bus is equipped
and identified as provided in sections 169.441 and 169.442, subdivision 1, and the flashing
red signals are activated and stop-signal arm is extendeddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) notwithstanding clause (1), the operator of a vehicle or combination of vehicles with
a total length in excess of 40 feet or a total width exceeding ten feet may, with due regard
for all other traffic, deviate from the lane in which the operator is driving to the extent
necessary to approach and drive through a roundabout.
new text end
Sec. 34.
Minnesota Statutes 2016, section 169.18, subdivision 10, is amended to read:
Subd. 10.
Slow-moving vehicle.
deleted text begin Upon all roadways anydeleted text end new text begin (a) A person operating a new text end vehicle
deleted text begin proceedingdeleted text end at less than the deleted text begin normaldeleted text end speed of traffic deleted text begin at the time and place anddeleted text end under the
new text begin existing new text end conditions deleted text begin then existing shall be drivendeleted text end new text begin must drive new text end in the right-hand lane deleted text begin then
available for traffic,deleted text end or as close as practicable to the right-hand curb or edge of the roadwaydeleted text begin ,
except whendeleted text end new text begin . A person who violates this paragraph must pay a fine of not less than $100.
new text end
new text begin
(b) Paragraph (a) does not apply if:
new text end
new text begin (1) the vehicle is new text end overtaking and passing another vehicle proceeding in the same directiondeleted text begin ,
or whendeleted text end new text begin ;
new text end
new text begin (2) the vehicle is new text end preparing deleted text begin for a leftdeleted text end new text begin tonew text end turn new text begin left new text end at an intersection or into a private road
or drivewaydeleted text begin , or whendeleted text end new text begin ;
new text end
new text begin (3) new text end a specific lane is designated and posted for a specific type of trafficdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) the vehicle is preparing to exit a controlled access highway by using an exit on the
left side of the road.
new text end
Sec. 35.
Minnesota Statutes 2016, section 169.18, subdivision 11, is amended to read:
Subd. 11.
Passing parked emergency vehicle; citation; probable cause.
(a) When
approaching and before passing an authorized emergency vehicle with its emergency lights
activated that is parked or otherwise stopped on or next to a street or highway having two
lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane
farthest away from the emergency vehicle, if it is possible to do so.
(b) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having more than two lanes in the same direction, the driver of a vehicle shall
safely move the vehicle so as to leave a full lane vacant between the driver and any lane in
which the emergency vehicle is completely or partially parked or otherwise stopped, if it is
possible to do so.
new text begin
(c) If a lane change under paragraph (a) or (b) is impossible, or when approaching and
before passing an authorized emergency vehicle with its emergency lights activated that is
parked or otherwise stopped on or next to a street or highway having only one lane in the
same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed
that is reasonable and prudent under the conditions until the motor vehicle has completely
passed the parked or stopped emergency vehicle, if it is possible to do so.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end A peace officer may issue a citation to the driver of a motor vehicle if the peace
officer has probable cause to believe that the driver has operated the vehicle in violation of
this subdivision within the four-hour period following the termination of the incident or a
receipt of a report under paragraph deleted text begin (d)deleted text end new text begin (e)new text end . The citation may be issued even though the
violation was not committed in the presence of the peace officer.
deleted text begin (d)deleted text end new text begin (e)new text end Although probable cause may be otherwise satisfied by other evidentiary elements
or factors, probable cause is sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew of an authorized emergency
vehicle responding to an incident in a timely report of the violation of this subdivision,
which includes a description of the vehicle used to commit the offense and the vehicle's
license plate number. For the purposes of issuance of a citation under paragraph deleted text begin (c)deleted text end new text begin (d)new text end ,
"timely" means that the report must be made within a four-hour period following the
termination of the incident.
deleted text begin (e)deleted text end new text begin (f)new text end For purposes of paragraphs (a) deleted text begin and (b)deleted text end new text begin to (c)new text end only, deleted text begin the termsdeleted text end "authorized emergency
vehicle" and "emergency vehicle" include a towing vehicle defined in section 168B.011,
subdivision 12a, that has activated flashing lights authorized under section 169.64,
subdivision 3, in addition to the vehicles described in the definition for "authorized
emergency vehicle" in section 169.011, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end
Sec. 36.
Minnesota Statutes 2016, section 169.18, subdivision 12, is amended to read:
Subd. 12.
Passing certain parked vehicles.
(a) When approaching and before passing
a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or
construction vehicle with its warning lights activated that is parked or otherwise stopped
on or next to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the parked or stopped
vehicle, if it is possible to do so.
(b) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway having more
than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle
so as to leave a full lane vacant between the driver and any lane in which the vehicle is
completely or partially parked or otherwise stopped, if it is possible to do so.
new text begin
(c) If a lane change under paragraph (a) or (b) is impossible, or when approaching and
before passing a freeway service patrol vehicle, road maintenance vehicle, utility company
vehicle, or construction vehicle with its warning lights activated that is parked or otherwise
stopped on or next to a street or highway having only one lane in the same direction, the
driver of a vehicle must reduce the speed of the motor vehicle to a speed that is reasonable
and prudent under the conditions until the motor vehicle has completely passed the parked
or stopped freeway service patrol vehicle, road maintenance vehicle, utility company vehicle,
or construction vehicle, if it is possible to do so.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end
Sec. 37.
Minnesota Statutes 2016, section 169.20, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Roundabouts. new text end
new text begin
If two vehicles or combinations of vehicles each having a total
length in excess of 40 feet or a total width in excess of ten feet approach or drive through
a roundabout at approximately the same time or so closely as to constitute a hazard of
collision, the operator of the vehicle or combination of vehicles on the right must yield the
right-of-way to the vehicle or combination of vehicles on the left and, if necessary, must
reduce speed or stop in order to so yield.
new text end
Sec. 38.
Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) Except as provided in section 169.28, subdivision 1,
when any person driving a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet
from the nearest railroad track and shall not proceed until safe to do so and until the roadway
is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle
is at least ten feet past the farthest railroad track. These requirements apply when:
(1) a clearly visible electric or mechanical signal device warns of the immediate approach
of a railroad train; or
(2) an approaching railroad train is plainly visible and is in hazardous proximity.
(b) The fact that a movingnew text begin railroadnew text end train approaching a railroad grade crossing is visible
from the crossing is prima facie evidence that it is not safe to proceed.
(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade
crossing when a human flagger signals the approach or passage of anew text begin railroadnew text end train or when
a crossing gate is lowered warning of the immediate approach or passage of a railroad train.
No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals
that the way is clear to proceed or drive a vehicle past a lowered crossing gate.
Sec. 39.
Minnesota Statutes 2016, section 169.28, is amended to read:
169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.
Subdivision 1.
Requirements.
(a) The driver of any motor vehicle carrying passengers
for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle that is required to stop at railroad
grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing
at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more
than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look
in both directions along the track for any approachingnew text begin railroadnew text end train, and for signals indicating
the approach of anew text begin railroadnew text end train, except as deleted text begin hereinafterdeleted text end new text begin otherwisenew text end provideddeleted text begin , anddeleted text end new text begin in this section.
The drivernew text end shall not proceed until safe to do so and until the roadway is clear of traffic so
that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet
past the farthest railroad track. The driver must not shift gears while crossing the railroad
tracks.
(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings
except at those railroad grade crossings that the local school administrative officer may
designate.
(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of
school buses to stop at railroad grade crossings.
(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle
track or tracks that are located in a public street when:
(1) the crossing occurs within the intersection of two or more public streets;
(2) the intersection is controlled by a traffic-control signal; and
(3) the intersection is marked with signs indicating to drivers that the requirements of
this subdivision do not apply. Notwithstanding any other provision of law, the owner or
operator of the track or tracks is authorized to place, maintain, and display the signs upon
and in the view of the public street or streets.
Subd. 2.
Exempt crossing.
(a) The commissioner may designate a crossing as an exempt
crossing:
(1) if the crossing is on a rail line on which service has been abandoned;
(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling
at speeds of ten miles per hour or less; or
(3) as agreed to by the operating railroad and the Department of Transportation, following
a diagnostic review of the crossing.
(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the
word "Exempt" that conform to section 169.06. The installation or presence of an exempt
sign does not relieve a driver of the duty to use due care.
new text begin (c) new text end Anew text begin railroadnew text end train must not proceed across an exempt crossing unless a police officer
is present to direct traffic or a railroad employee is on the ground to warn traffic until thenew text begin
railroadnew text end train enters the crossing.
deleted text begin (c)deleted text end new text begin (d)new text end A vehicle that must stop at grade crossings under subdivision 1 is not required
to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad
employee.
Sec. 40.
Minnesota Statutes 2016, section 169.29, is amended to read:
169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.
(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller,
or any equipment or structure having a normal operating speed of six or less miles per hour
or a vertical body or load clearance of less than nine inches above the level surface of a
roadway upon or across any tracks at a railroad grade crossing without first complying with
this section.
(b) Before making any crossing, the person operating or moving any vehicle or equipment
set forth in this section shall first stop the same not less than ten, nor more than 50, feet
from the nearest rail of the railway, and while so stopped shall listen and look in both
directions along the track for any approachingnew text begin railroadnew text end train and for signals indicating the
approach of anew text begin railroadnew text end train, and shall not proceed until the crossing can be made safely.
(c) No crossing shall be made when warning is given by automatic signal or crossing
gates or a flagger or otherwise of the immediate approach of a railroad train or car.
(d) No stop need be made at a crossing on a rail line on which service has been abandoned
and where a sign erected in conformance with section 169.06 and bearing the word "Exempt"
has been installed, unless directed otherwise by a flagger. The installation or presence of
an exempt sign shall not relieve any driver of the duty to use due care.
Sec. 41.
Minnesota Statutes 2016, section 169.71, subdivision 4, is amended to read:
Subd. 4.
Glazing material; prohibitions and exceptions.
(a) No person shall drive or
operate any motor vehicle required to be registered in the state of Minnesota upon any street
or highway under the following conditions:
(1) when the windshield is composed of, covered by, or treated with any material which
has the effect of making the windshield more reflective or in any other way reducing light
transmittance through the windshield;
(2) when any window on the vehicle is composed of, covered by, or treated with any
material that has a highly reflective or mirrored appearance;
(3) when any side window or rear window is composed of or treated with any material
so as to obstruct or substantially reduce the driver's clear view through the window or has
a light transmittance of less than 50 percent plus or minus three percent in the visible light
range or a luminous reflectance of more than 20 percent plus or minus three percent; or
(4) when any material has been applied after August 1, 1985, to any motor vehicle
window without an accompanying permanent marking which indicates the percent of
transmittance and the percent of reflectance afforded by the material. The marking must be
in a manner so as not to obscure vision and be readable when installed on the vehicle.
(b) This subdivision does not apply to glazing materials which:
(1) have not been modified since the original installation, nor to original replacement
windows and windshields, that were originally installed or replaced in conformance with
Federal Motor Vehicle Safety Standard 205;
(2) are required to satisfy prescription or medical needs of the driver of the vehicle or a
passenger if:
(i) the driver or passenger is in possession of the prescription or a physician's statement
of medical need;
(ii) the prescription or statement specifically states the minimum percentage that light
transmittance may be reduced to satisfy the prescription or medical needs of the patient;
and
(iii) the prescription or statement contains an expiration date, which must be no more
than two years after the date the prescription or statement was issued; or
(3) are applied to:
(i) the rear windows of a pickup truck as defined in section 168.002, subdivision 26;
(ii) the rear windows or the side windows on either side behind the driver's seat of a van
as defined in section 168.002, subdivision 40;
(iii) the side and rear windows of a vehicle used to transport human remains by a funeral
establishment holding a license under section 149A.50;
(iv) the side and rear windows of a limousine as defined in section 168.002, subdivision
15new text begin , that is registered in compliance with the requirements of section 168.128new text end ; or
(v) the rear and side windows of a police vehicle.
Sec. 42.
Minnesota Statutes 2016, section 169.81, subdivision 5, is amended to read:
Subd. 5.
Manner of loading.
deleted text begin Nodeleted text end new text begin (a) Anew text end vehicle deleted text begin shalldeleted text end new text begin must notnew text end be driven or moved on
any highway unless deleted text begin suchdeleted text end new text begin thenew text end vehicle is so constructed, loaded, or the load securely covered
as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping
deleted text begin therefrom, except thatdeleted text end new text begin .
new text end
new text begin
(b) Notwithstanding paragraph (a), a vehicle or combination of vehicles may:
new text end
new text begin (1) dropnew text end sand deleted text begin may be dropped for the purpose of securingdeleted text end new text begin to securenew text end tractiondeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (2) sprinklenew text end water or other substances deleted text begin may be sprinkled on a roadway in cleaning or
maintaining suchdeleted text end new text begin to clean or maintain thenew text end roadwaynew text begin ; or
new text end
new text begin (3) leak liquid if transporting sugar beetsnew text end .
new text begin (c)new text end This subdivision deleted text begin shalldeleted text end new text begin doesnew text end not apply to motor vehicles operated by a farmer or the
farmer's agent when transporting produce such as small grains, shelled corn, soybeans, or
other farm produce of a size and density not likely to cause injury to persons or damage to
property on escaping in small amounts from a vehicle.
new text begin (d) Anew text end violation of this subdivision by a vehicle that is carrying farm produce and that is
not exempted deleted text begin by the preceding sentencedeleted text end new text begin under paragraph (c)new text end is a petty misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 43.
Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Automobile transporter. 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) "automobile transporter" means any vehicle combination designed and used to
transport assembled highway vehicles, including truck camper units;
new text end
new text begin
(2) "stinger-steered automobile transporter" means a truck tractor semitrailer having the
fifth wheel located on a drop frame located behind and below the rear-most axle of the
power unit; and
new text end
new text begin
(3) "backhaul" means the return trip of a vehicle transporting cargo or general freight,
especially when carrying goods back over all or part of the same route.
new text end
new text begin
(b) Stinger-steered combination automobile transporters having a length of 80 feet or
less may be operated on interstate highways and other highways designated in this section,
and may carry a load that extends four feet or less in the front of the vehicle and six feet or
less in the rear of the vehicle.
new text end
new text begin
(c) An automobile transporter may transport cargo or general freight on a backhaul,
provided it complies with weight limitations for a truck tractor and semitrailer combination
under section 169.824.
new text end
Sec. 44.
Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:
Subd. 2.
Conditions.
(a) A vehicle or combination of vehicles described in subdivision
1 must:
(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;
(2) comply with bridge load limits posted under section 169.84;
(3) be equipped and operated with six or more axles and brakes on all wheels;
(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;
(5) not be operated on interstate highways;
(6) obtain an annual permit from the commissioner of transportation;
(7) obey all road postings; and
(8) not exceed 20,000 pounds gross weight on any single axle.
(b) A vehicle operated under this section may exceed the legal axle weight limits listed
in section 169.824 by not more than 12.5 percent; except that, the weight limits may be
exceeded by not more than 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.
new text begin
(c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles
hauling raw or unfinished forest products may also operate on the segment of Interstate
Route 35 provided under United States Code, title 23, section 127.
new text end
Sec. 45.
Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended
to read:
Subd. 4.
Certain emergency vehicles.
new text begin (a) new text end The provisions of sections 169.80 to 169.88
governing size, weight, and load do not apply to a fire apparatus, a law enforcement special
response vehicle, or a licensed land emergency ambulance service vehicle.
new text begin
(b) Emergency vehicles designed to transport personnel and equipment to support the
suppression of fires and to mitigate other hazardous situations are subject to the following
weight limitations when operated on an interstate highway: (1) 24,000 pounds on a single
steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear
drive steer axle; and (4) 62,000 pounds on a tandem axle. The gross weight of an emergency
vehicle operating on an interstate highway must not exceed 86,000 pounds.
new text end
Sec. 46.
Minnesota Statutes 2016, section 169.974, subdivision 2, is amended to read:
Subd. 2.
License endorsement and permit requirements.
(a) No person shall operate
a motorcycle on any street or highway without having a valid driver's license with a
two-wheeled vehicle endorsement as provided by law. A person may operate an autocycle
without a two-wheeled vehicle endorsement, provided the person has a valid driver's license
issued under section 171.02.
(b) The commissioner of public safety shall issue a two-wheeled vehicle endorsement
only if the applicant (1) has in possession a valid two-wheeled vehicle instruction permit
as provided in paragraph (c), (2) has passed a written examination and road test administered
by the Department of Public Safety for the endorsement, and (3) in the case of applicants
under 18 years of age, presents a certificate or other evidence of having successfully
completed an approved two-wheeled vehicle driver's safety course in this or another state,
in accordance with rules adopted by the commissioner of public safety for courses offered
by a public, private, or commercial school or institute. The commissioner of public safety
may waive the road test for any applicant on determining that the applicant possesses a valid
license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable
road test for license issuance.
(c) The commissioner of public safety shall issue a two-wheeled vehicle instruction
permit to any person over 16 years of age who (1) is in possession of a valid driver's license,
(2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed
a written examination for the permit and paid a fee prescribed by the commissioner of public
safety. A two-wheeled vehicle instruction permit is effective for one year and may be
renewed under rules prescribed by the commissioner of public safety.
(d) No person who is operating by virtue of a two-wheeled vehicle instruction permit
shall:
(1) carry any passengers on the streets and highways of this state on the motorcycle
while the person is operating the motorcycle;
(2) drive the motorcycle at night;new text begin or
new text end
deleted text begin
(3) drive the motorcycle on any highway marked as an interstate highway pursuant to
title 23 of the United States Code; or
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end drive the motorcycle without wearing protective headgear that complies with
standards established by the commissioner of public safety.
(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue
a special motorcycle permit, restricted or qualified as the commissioner of public safety
deems proper, to any person demonstrating a need for the permit and unable to qualify for
a driver's license.
Sec. 47.
Minnesota Statutes 2016, section 171.041, is amended to read:
171.041 RESTRICTED LICENSE FOR FARM WORK.
new text begin (a) new text end Notwithstanding any provisions of section 171.04 relating to the age of an applicant
to the contrary, the commissioner may issue a restricted farm work license to operate a
motor vehicle to a person who has attained the age of 15 years and who, except for age, is
qualified to hold a driver's license. The applicant is not required to comply with the six-month
instruction permit possession provisions of sections 171.04, subdivision 1, clause (2), and
171.05, subdivision 2a, or with the 12-month provisional license possession provision of
section 171.04, subdivision 1, clause (1), item (i).
new text begin (b)new text end The restricted license deleted text begin shalldeleted text end new text begin mustnew text end be issued solely for the purpose of authorizing the
person to whom the restricted license is issued to assist the person's parents or guardians
with farm work.new text begin An individual may perform farm work under the restricted license for any
entity authorized to farm under section 500.24.new text end A person holding this restricted license may
operate a motor vehicle only during daylight hours and only within a radius of deleted text begin 20deleted text end new text begin 40new text end miles
of the parent's or guardian's farmhouse; however, in no case may a person holding the
restricted license operate a motor vehicle in a city of the first class.
new text begin (c)new text end An applicant for a restricted license shall apply to the commissioner for the license
on forms prescribed by the commissioner. The application shall be accompanied by:
(1) a copy of a property tax statement showing that the applicant's parent or guardian
owns land that is classified as agricultural land or a copy of a rental statement or agreement
showing that the applicant's parent or guardian rents land classified as agricultural land; and
(2) a written verified statement by the applicant's parent or guardian setting forth the
necessity for the license.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 48.
Minnesota Statutes 2017 Supplement, section 171.06, subdivision 2, is amended
to read:
Subd. 2.
Fees.
(a) The fees for a license and Minnesota identification card are as follows:
| REAL ID Compliant or Noncompliant Classified Driver's License |
D-$17.25 |
C-$21.25 |
B-$28.25 |
A-$36.25 |
|
| REAL ID Compliant or Noncompliant Classified Under-21 D.L. |
D-$17.25 |
C-$21.25 |
B-$28.25 |
A-$16.25 |
|
| Enhanced Driver's License |
D-$32.25 |
C-$36.25 |
B-$43.25 |
A-$51.25 |
|
| REAL ID Compliant or Noncompliant Instruction Permit |
$5.25 |
||||
| Enhanced Instruction Permit |
$20.25 |
||||
| Commercial Learner's Permit |
$2.50 |
||||
| REAL ID Compliant or Noncompliant Provisional License |
$8.25 |
||||
| Enhanced Provisional License |
$23.25 |
||||
| Duplicate REAL ID Compliant or Noncompliant License or duplicate REAL ID Compliant or Noncompliant identification card |
$6.75 |
||||
| Enhanced Duplicate License or enhanced duplicate identification card |
$21.75 |
||||
| REAL ID Compliant or Noncompliant Minnesota identification card or REAL ID Compliant or Noncompliant Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a |
$11.25 |
||||
| Enhanced Minnesota identification card |
$26.25 |
deleted text begin
In addition to each fee required in this paragraph, the commissioner shall collect a surcharge
of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016.
Surcharges collected under this paragraph must be credited to the driver and vehicle services
technology account in the special revenue fund under section 299A.705.
deleted text end
(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related
moving violations, and (3) convictions for moving violations that are not crash related, shall
have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving
violation" has the meaning given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee required under paragraph (a), the commissioner
shall collect an additional $4 processing fee from each new applicant or individual renewing
a license with a school bus endorsement to cover the costs for processing an applicant's
initial and biennial physical examination certificate. The department shall not charge these
applicants any other fee to receive or renew the endorsement.
(d) In addition to the fee required under paragraph (a), a driver's license agent may charge
and retain a filing fee as provided under section 171.061, subdivision 4.
(e) In addition to the fee required under paragraph (a), the commissioner shall charge a
filing fee at the same amount as a driver's license agent under section 171.061, subdivision
4. Revenue collected under this paragraph must be deposited in the driver services operating
account.
(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.
Sec. 49.
Minnesota Statutes 2016, section 174.12, subdivision 8, is amended to read:
Subd. 8.
Legislative report.
(a) By February 1 of each odd-numbered year, the
commissioner of transportation, with assistance from the commissioner of employment and
economic development, shall submit a report on the transportation economic development
program to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance and economic development policy and
finance.
(b) At a minimum, the report must:
(1) summarize the requirements and implementation of the transportation economic
development program established in this section;
(2) review the criteria and economic impact performance measures used for evaluation,
prioritization, and selection of projects;
(3) provide a brief overview of each project that received financial assistance under the
program, which must at a minimum identify:
(i) basic project characteristics, such as funding recipient, geographic location, and type
of transportation modes served;
(ii) sources and respective amounts of project funding; and
(iii) the degree of economic benefit anticipated or observed, following the economic
impact performance measures established under subdivision 4;
(4) identify the allocation of funds, including but not limited to a breakdown of total
project funds by transportation mode, the amount expended for administrative costs, and
the amount transferred to the transportation economic development assistance account;
(5) evaluate the overall economic impact of the program; and
(6) provide recommendations for any legislative changes related to the program.
new text begin
(c) Notwithstanding paragraph (a), a report is not required in an odd-numbered year if
no project received financial assistance during the preceding 24 months.
new text end
Sec. 50.
Minnesota Statutes 2016, section 174.37, subdivision 6, is amended to read:
Subd. 6.
Expiration.
The committee expires June 30, deleted text begin 2018deleted text end new text begin 2022new text end .
Sec. 51.
Minnesota Statutes 2016, section 174.66, is amended to read:
174.66 CONTINUATION OF CARRIER RULES.
(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:
(1) section 218.041 except rules related to the form and manner of filing railroad rates,
railroad accounting rules, and safety rules;
(2) section 219.40;
(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;new text begin and
new text end
(4) deleted text begin rules relating to rates, charges, and practices under section 221.161, subdivision 4;
and
deleted text end
deleted text begin (5)deleted text end rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under
section 221.121.
(b) The commissioner shall review the transferred rules, orders, and directives and, when
appropriate, develop and adopt new rules, orders, or directives.
Sec. 52.
Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:
Subd. 2d.
Hours of service exemptions.
The federal regulations incorporated in section
221.0314, subdivision 9, for deleted text begin maximum driving and on-duty time,deleted text end new text begin hours of servicenew text end do not
apply to drivers engaged in intrastate transportation within a 150-air-mile radius from the
source of the commoditiesnew text begin ,new text end or from the retail or wholesale distribution point of the farm
suppliesnew text begin ,new text end for:
(1) agricultural commoditiesnew text begin ;new text end or
new text begin (2)new text end farm supplies for agricultural purposes deleted text begin from March 15 to December 15 of each year;
ordeleted text end new text begin .
new text end
deleted text begin
(2) sugar beets from September 1 to May 15 of each year.
deleted text end
Sec. 53.
Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:
Subd. 9.
Hours of service of driver.
new text begin (a) new text end Code of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), deleted text begin (k),deleted text end (m), and
(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections
or paragraphs not incorporated in this subdivision are not incorporated by reference.
new text begin
(b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the
planting and harvest period for Minnesota is from January 1 through December 31 of each
year.
new text end
new text begin (c)new text end The requirements of Code of Federal Regulations, title 49, part 395, do not apply to
drivers of lightweight vehicles.
Sec. 54.
Minnesota Statutes 2016, 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 221.171; (4) section 221.141; (5)
a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway
grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous
waste, motor carrier operations,new text begin ornew text end insurancedeleted text begin , or tariffs and accountingdeleted text end . An order must be
issued as provided in this section.
Sec. 55.
Minnesota Statutes 2016, 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 new text begin identified during a single audit or
investigation new text end of new text begin (1) new text end section 221.021deleted text begin ;deleted text end new text begin ,new text end 221.141deleted text begin ;deleted text end new text begin ,new text end or 221.171, ornew text begin (2)new text end rules of the commissioner
relating to motor carrier operationsdeleted text begin ,deleted text end new text begin or new text end insurancedeleted text begin , or tariffs and accounting, identified during
a single inspection, audit, or investigationdeleted text end .
(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 in accordance with Code of Federal
Regulations, title 49, section 383.53, against:
(1) a driver who is convicted of a violation of an out-of-service order;
(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
(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.
Sec. 56.
Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:
Subdivision 1.
Registration, insurance, and filing requirements.
(a) An order issued
by the commissioner which grants a certificate or permit must contain a service date.
(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:
(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;new text begin and
new text end
(2) file and maintain insurance or bond as required by section 221.141 and rules of the
commissionerdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
deleted text end
Sec. 57.
Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Filing; hearing upon commissioner initiativedeleted text end new text begin Tariff maintenance and
contentsnew text end .
A household goods deleted text begin carrierdeleted text end new text begin movernew text end shall deleted text begin file anddeleted text end maintain deleted text begin with the commissionerdeleted text end
a tariff showing rates and charges for transporting household goods. deleted text begin Tariffs must be prepared
and filed in accordance with the rules of the commissioner. When tariffs are filed in
accordance with the rules and accepted by the commissioner, the filing constitutes notice
to the public and interested parties of the contents of the tariffs. The commissioner shall not
accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory, unduly
preferential or prejudicial, or otherwise in violation of this section or rules adopted under
this section. If the tariffs appear to be unjust, unreasonable, unjustly discriminatory, unduly
preferential or prejudicial, or otherwise in violation of this section or rules adopted under
this section, after notification and investigation by the department, the commissioner may
suspend and postpone the effective date of the tariffs and assign the tariffs for hearing upon
notice to the household goods carrier filing the proposed tariffs and to other interested
parties, including users of the service and competitive carriers by motor vehicle and rail.
At the hearing, the burden of proof is on the household goods carrier filing the proposed
tariff to sustain the validity of the proposed schedule of rates and charges. The tariffs and
subsequent supplements to them or reissues of them must state the effective date, which
may not be less than ten days following the date of filing, unless the period of time is reduced
by special permission of the commissioner.deleted text end new text begin A household goods mover must prepare a tariff
under this section in accordance with Code of Federal Regulations, title 49, part 1310.3,
which is incorporated by reference.
new text end
Sec. 58.
Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Tariff availability. new text end
new text begin
(a) A household goods mover subject to this section must
maintain all of its effective tariffs at its principal place of business and at each of its terminal
locations, and must make the tariffs available to the public for inspection at all times the
household goods mover is open for business. Any publication referred to in a tariff must be
maintained with that tariff.
new text end
new text begin
(b) Upon request, a household goods mover must provide copies of tariffs, specific tariff
provisions, or tariff subscriptions to the commissioner or any interested person.
new text end
Sec. 59.
Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:
Subdivision 1.
Compensation fixed by schedule on file.
deleted text begin Nodeleted text end new text begin Anew text end household goods deleted text begin carrier
shalldeleted text end new text begin mover must notnew text end charge or receive a greater, lesser, or different compensation for the
transportation deleted text begin of persons or propertydeleted text end or deleted text begin for relateddeleted text end servicedeleted text begin ,deleted text end new text begin provided new text end than the rates and
charges deleted text begin named in the carrier's schedule on file and in effect with the commissioner including
any rate fixed by the commissionerdeleted text end new text begin specified in the tariffnew text end under section 221.161deleted text begin ; nor shalldeleted text end new text begin .new text end
A household goods deleted text begin carrierdeleted text end new text begin mover must notnew text end refund or remit in any manner or by any device,
directly or indirectly, the rates and charges required to be collected by the deleted text begin carrierdeleted text end new text begin movernew text end
under the deleted text begin carrier'sdeleted text end new text begin mover'snew text end schedules deleted text begin or under the rates, if any, fixed by the commissionerdeleted text end .
Sec. 60.
Minnesota Statutes 2016, section 299A.01, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Highway user tax distribution fund use limitation. new text end
new text begin
The commissioner must
not spend any money from the highway user tax distribution fund for employees working
in the public information center or comparable customer service positions elsewhere in the
department.
new text end
Sec. 61.
new text begin
[299A.704] DRIVER AND VEHICLE SERVICES FUND.
new text end
new text begin
A driver and vehicle services fund is established within the state treasury. The fund
consists of accounts and money as specified by law, and any other money otherwise donated,
allotted, appropriated, or legislated to the fund.
new text end
Sec. 62.
Minnesota Statutes 2016, section 299A.705, is amended to read:
299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.
Subdivision 1.
Vehicle services operating account.
(a) The vehicle services operating
account is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end fund, consisting of all
money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any
other money otherwise donated, allotted, appropriated, or legislated to deleted text begin thisdeleted text end new text begin thenew text end account.
(b) Funds appropriated deleted text begin are availabledeleted text end new text begin from this account must be used by the commissioner
of public safetynew text end to administer new text begin the new text end vehicle services deleted text begin asdeleted text end specified in chapters 168, 168A, and
168D, 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.
Subd. 2.
Driver services operating account.
(a) The driver services operating account
is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end fund, consisting of all money
collected under chapter 171 and any other money otherwise donated, allotted, appropriated,
or legislated to the account.
(b) deleted text begin Money in thedeleted text end new text begin Funds appropriated from thisnew text end account must be used by the commissioner
of public safety to administer the driver services specified in chapters 169A and 171,
including the activities associated with producing and mailing drivers' licenses and
identification cards and notices relating to issuance, renewal, or withdrawal of driving and
identification card privileges for any fiscal year or years and for the testing and examination
of drivers.
Subd. 3.
Driver and vehicle services technology account.
(a) The driver and vehicle
services technology account is created in the deleted text begin special revenuedeleted text end new text begin driver and vehicle servicesnew text end
fund, consisting of the technology surcharge collected as specified in deleted text begin chapters 168, 168A,
and 171; the filing fee revenue collected under section 168.33, subdivision 7;deleted text end new text begin section 168.33new text end
and any other money otherwise donated, allotted, appropriated, or legislated to this account.
(b) Money in the account is annually appropriated to the commissioner of public safety
to support the research, development, deployment, and maintenance of a driver and vehicle
services information system.
(c) deleted text begin Following completion of the deposit of filing fee revenue into the driver and vehicle
services technology account as provided under section 168.33, subdivision 7deleted text end new text begin Annually by
February 1new text end , the commissioner deleted text begin shalldeleted text end new text begin must new text end submit a deleted text begin notificationdeleted text end new text begin report new text end to the chairs and
ranking minority members of the legislative committees with jurisdiction over transportation
policy and finance deleted text begin concerning driver and vehicle services information system implementation,
which must include informationdeleted text end on (1) total revenue deposited in the driver and vehicle
services technology accountnew text begin for the previous calendar yearnew text end , with a breakdown by sources
of funds; (2) total project costs incurrednew text begin through December 31 of the previous calendar yearnew text end ,
with a breakdown by key project components; and (3) an estimate of ongoing system
maintenance costs.
Subd. 4.
Prohibited expenditures.
The commissioner is prohibited from expending
money from driver and vehicle services accounts created in the deleted text begin special revenuedeleted text end new text begin driver and
vehicle servicesnew text end fund for any purpose that is not specifically authorized in this section or in
the chapters specified in this section.
Sec. 63.
Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision
to read:
new text begin Subd. 46a. new text end
new text begin Comprehensive plan. new text end
new text begin
"Comprehensive plan" has the meaning given in
section 394.22, subdivision 9, or 462.352, subdivision 5.
new text end
Sec. 64.
Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:
Subdivision 1.
Creation; authorized disbursements.
(a) There is hereby created a
fund to be known as the state airports fund. The fund shall consist of all money appropriated
to it, or directed to be paid into it, by the legislature.
(b) The state airports fund shall be paid out on authorization of the commissioner and
shall be used:
(1) to acquire, construct, improve, maintain, and operate airports and other air navigation
facilities;
(2) to assist municipalities in the new text begin planning, new text end acquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;
(3) to assist municipalities to initiate, enhance, and market scheduled air service at their
airports;
(4) to promote interest and safety in aeronautics through education and information; and
(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of management
and budget.
deleted text begin
(c) A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state airports
fund.
deleted text end
Sec. 65.
Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:
Subdivision 1.
Authority to establish.
The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations,
to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property,
real or personal, for the purpose of establishing and constructing restricted landing areas
and other air navigation facilities and to acquire in like manner, own, control, establish,
construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted
landing areas and other air navigation facilities, either within or without this state; and to
make, prior to any such acquisition, investigations, surveys, and plans. The commissioner
may maintain, equip, operate, regulate, and police airports, either within or without this
state. new text begin The operation and maintenance of airports is an essential public service. new text end The
commissioner may maintain at such airports facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers. The commissioner may dispose of any
such property, airport, restricted landing area, or any other air navigation facility, by sale,
lease, or otherwise, in accordance with the laws of this state governing the disposition of
other like property of the state. The commissioner may not acquire or take over any restricted
landing area, or other air navigation facility without the consent of the owner. The
commissioner shall not acquire any additional state airports nor establish any additional
state-owned airports. The commissioner may erect, equip, operate, and maintain on any
airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money
for land acquisition, or for the construction, improvement, or maintenance of airports, or
for air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. The commissioner may withhold funding from only the airport subject
to the proposed zoning ordinance. new text end Notwithstanding the foregoing prohibition, the
commissioner may continue to maintain the state-owned airport at Pine Creek.
Sec. 66.
Minnesota Statutes 2016, section 360.062, is amended to read:
360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING
deleted text begin NEIGHBORHOODdeleted text end new text begin LAND USESnew text end .
(a) It is hereby found that an airport hazard endangers the lives and property of users of
the airport and of occupants of land in its vicinity, and may reduce the size of the area
available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility
of the airport and the public investment therein. It is also found that the social and financial
costs of disrupting existing land uses around airports deleted text begin in built up urban areas, particularly
established residential neighborhoods,deleted text end often outweigh the benefits of a reduction in airport
hazards that might result from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) deleted text begin thatdeleted text end the creation or establishment of an airport
hazard is a public nuisance and an injury to the community served by the airport in question;
(2) deleted text begin thatdeleted text end it is deleted text begin therefordeleted text end necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented and that this should
be accomplished to the extent legally possible, by exercise of the police power, without
compensation; and (3) deleted text begin thatdeleted text end the elimination or removal of existing land usesdeleted text begin , particularly
established residential neighborhoods in built-up urban areas,deleted text end or their designation as
nonconforming uses is not in the public interest and should be avoided whenever possible
consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport
hazards and the elimination, removal, alteration, mitigation, or marking and lighting of
existing airport hazards are new text begin essential new text end public deleted text begin purposesdeleted text end new text begin servicesnew text end for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.
Sec. 67.
Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:
Subdivision 1.
Enforcement under police power.
(a) In order to prevent the creation
or establishment of airport hazards, every municipality having an airport hazard area within
its territorial limits may, unless a joint airport zoning board is permitted under subdivision
3, adopt, amend from time to time, administer, and enforce, under the police power and in
the manner and upon the conditions hereinafter prescribed, airport zoning regulations for
such airport hazard area, which regulations may divide such area into zones, and, within
such zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.
(b) deleted text begin For the purpose of promotingdeleted text end new text begin In order to promotenew text end health, safety, order, convenience,
prosperity, general welfare and deleted text begin for conservingdeleted text end new text begin to conservenew text end property values and deleted text begin encouragingdeleted text end new text begin
encouragenew text end the most appropriate use of land, the municipality may regulate deleted text begin the location, size
and use of buildings and the density of population in that portion of an airport hazard area
under approach zones for a distance not to exceed two miles from the airport boundary and
in other portions of andeleted text end new text begin innew text end airport hazard deleted text begin area may regulate by land use zoning for a distance
not to exceed one mile from the airport boundary, and by height-restriction zoning for a
distance not to exceed 1-1/2 miles from the airport boundarydeleted text end new text begin areas: (1) land use; (2) height
restrictions; (3) the location, size, and use of buildings; and (4) the density of populationnew text end .
(c) The powers granted by this subdivision may be exercised by metropolitan airports
commissions in contiguous cities of the first class in and for which they have been created.
(d) In the case of airports owned or operated by the state of Minnesota such powers shall
be exercised by the state airport zoning boards or by the commissioner of transportation as
authorized herein.
Sec. 68.
Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:
Subd. 3.
Joint airport zoning board.
(a) Where an airport is owned or controlled by a
municipality and an airport hazard area appertaining to the airport is located within the
territorial limits of another county or municipality, the municipality owning or controlling
the airport may request a county or municipality in which an airport hazard area is located:
(1) to adopt and enforce airport zoning regulations for the area in question deleted text begin that conform
to standards prescribed by the commissioner pursuant to subdivision 4deleted text end new text begin under sections
360.0655 and 360.0656new text end ; or
(2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning
or controlling municipality shall determine which of these actions it shall request, except
as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall
be made by certified mail to the governing body of each county and municipality in which
an airport hazard area is located.
(b) Where an airport is owned or controlled by a municipality and an airport hazard area
appertaining to the airport is located within the territorial limits of another county or
municipality, the municipality owning or controlling the airport and the county or other
municipality within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board shall have the same power
to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard
area in question as that vested by subdivision 1 in the municipality within which the area
is located. A joint board shall have as members two representatives appointed by the
municipality owning or controlling the airport and two from the county or municipality, or
in case more than one county or municipality is involved two from each county or
municipality, in which the airport hazard is located, and in addition a chair elected by a
majority of the members so appointed. All members shall serve at the pleasure of their
respective appointing authority. Notwithstanding any other provision of law to the contrary,
if the owning and controlling municipality is a city of the first class it shall appoint four
members to the board, and the chair of the board shall be elected from the membership of
the board.
(c) If a county or municipality, within 60 days of receiving a request from an owning
or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to
enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the
owning or controlling municipality, or a joint airport zoning board created without
participation by the subdivisions which fail to join the board, may itself adopt, administer,
and enforce airport zoning regulations for the airport hazard area in question. In the event
of conflict between the regulations and airport zoning regulations adopted by the county or
municipality within which the airport hazard area is located, section 360.064, subdivision
2, applies.
(d) "Owning or controlling municipality," as used in this subdivision, includes:
(1) a joint airport operating board created pursuant to section 360.042 that has been
granted all the powers of a municipality in zoning matters under the agreement creating the
board;
(2) a joint airport operating board created pursuant to section 360.042 that has not been
granted zoning powers under the agreement creating the board; provided that the board shall
not itself adopt zoning regulations nor shall a joint airport zoning board created at its request
adopt zoning regulations unless all municipalities that created the joint operating board join
to create the joint zoning board; and
(3) the Metropolitan Airports Commission established and operated pursuant to chapter
473.
(e) The Metropolitan Airports Commission shall request creation of one joint airport
zoning board for each airport operated under its authority.
Sec. 69.
Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive regulations.
In the event that a municipality has adopted,
or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the
height of buildings, any airport zoning regulations applicable to the same area or portion
thereof deleted text begin maydeleted text end new text begin mustnew text end be new text begin incorporated by reference ornew text end incorporated in and made a part of such
comprehensive zoning regulations and be administered and enforced in connection therewith.
Sec. 70.
Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:
Subdivision 1.
Notice of proposed zoning regulations, hearing.
new text begin (a) new text end No airport zoning
regulations shall be adopted, amended, or changed under sections 360.011 to 360.076,
except by action of the governing body of the municipality deleted text begin ordeleted text end new text begin ,new text end county deleted text begin in questiondeleted text end , new text begin or joint
airport zoning board under section 360.0655 or 360.0656, new text end or the boards provided for in
section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions
6 and 8deleted text begin , after public hearings, at which parties in interest and citizens shall have an
opportunity to be hearddeleted text end .
new text begin (b)new text end A public hearing deleted text begin shalldeleted text end new text begin mustnew text end be held on the deleted text begin proposeddeleted text end new text begin airport zoningnew text end regulations
new text begin proposed by a municipality, county, or joint airport zoning board new text end before they are submitted
deleted text begin for approvaldeleted text end to the commissioner deleted text begin and after that approval but before final adoption by the
local zoning authoritydeleted text end new text begin for approvalnew text end .new text begin If any changes that alter the regulations placed on a
parcel of land are made to the proposed airport zoning regulations after the initial public
hearing, the municipality, county, or joint airport zoning board must hold a second public
hearing before final adoption of the regulation. The commissioner may require a second
hearing as determined necessary.
new text end
new text begin (c)new text end Notice of a hearing deleted text begin required pursuant to this subdivision shalldeleted text end new text begin mustnew text end be published by
the deleted text begin local zoning authoritydeleted text end new text begin municipality, county, or joint airport zoning boardnew text end at least three
times during the period between 15 days and five days before the hearing in an official
newspaper and in a second newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulationsnew text begin and posted on the municipality's,
county's, or joint airport zoning board's Web site. If there is not a second newspaper of wide
general circulation in the area that the municipality, county, or joint airport zoning board
can designate for the notice, the municipality, county, or joint airport zoning board is only
required to publish the notice one in the official newspaper of the jurisdictionnew text end . The notice
shall not be published in the legal notice section of a newspaper.new text begin The notice must specify
the time, location, and purpose of the hearing, and must identify any additional location and
time the proposed regulations will be available for public inspection. A copy of the published
notice must be added to the record of the proceedings.
new text end
new text begin (d)new text end Notice of a hearing deleted text begin shall also be mailed to the governing body of each political
subdivision in which property affected by the regulations is located. Notice shalldeleted text end new text begin mustnew text end be
given by mail at least deleted text begin 15deleted text end new text begin tennew text end days before each hearing to deleted text begin anydeleted text end persons deleted text begin in municipalities that
own land proposed to be included in safety zone A or B as provided in the rules of the
Department of Transportationdeleted text end and new text begin landowners where the location or size of a building, or
the density of population, will be regulated. Mailed notice must also be provided at least
ten days before each hearing new text end to persons or municipalities that have previously requested
such notice from the deleted text begin authoritydeleted text end new text begin municipality, county, or joint airport zoning boardnew text end . new text begin The notice
must specify the time, location, and purpose of the hearing, and must identify any additional
location and time the proposed regulations will be made available for public inspection.
Mailed notice must also identify the property affected by the regulations. new text end For the purpose
of deleted text begin givingdeleted text end new text begin providingnew text end mailed notice, the deleted text begin authoritydeleted text end new text begin municipality, county, or joint airport zoning
boardnew text end may use any appropriate records to determine the names and addresses of owners. A
copy of the notice and a list of the owners and addresses to which the notice was sent deleted text begin shall
be attested to by the responsible person and shalldeleted text end new text begin mustnew text end be deleted text begin made a part ofdeleted text end new text begin added tonew text end the records
of the proceedings. deleted text begin Thedeleted text end Failure to deleted text begin givedeleted text end new text begin providenew text end mailed notice to individual property ownersdeleted text begin ,deleted text end
or deleted text begin defectsdeleted text end new text begin a defectnew text end in the noticedeleted text begin , shalldeleted text end new text begin doesnew text end not invalidate the proceedingsdeleted text begin ; provideddeleted text end new text begin ifnew text end a
bona fide attempt to comply with this subdivision deleted text begin has beendeleted text end new text begin wasnew text end made. deleted text begin A notice shall describe
the property affected by the proposed regulations and the restrictions to be imposed on the
property by the regulations and shall state the place and time at which the proposed
regulations are available for public inspection.
deleted text end
Sec. 71.
new text begin
[360.0655] AIRPORT ZONING REGULATIONS BASED ON
COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Submission to commissioner; review. new text end
new text begin
(a) Except as provided in section
360.0656, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit the proposed regulations to the commissioner for the commissioner
to determine whether the regulations conform to the standards prescribed by the
commissioner. The municipality, county, or joint airport zoning board may elect to complete
custom airport zoning under section 360.0656 instead of using the commissioner's standard,
but only after providing written notice to the commissioner.
new text end
new text begin
(b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period. If the commissioner requests additional information, the 90-day review period
is tolled until the commissioner receives information and deems the information satisfactory.
new text end
new text begin
(c) If the commissioner objects on the grounds that the regulations do not conform to
the standards prescribed by the commissioner, the municipality, county, or joint airport
zoning board must make amendments necessary to resolve the objections or provide written
notice to the commissioner that the municipality, county, or joint airport zoning board will
proceed with zoning under section 360.0656.
new text end
new text begin
(d) If the municipality, county, or joint airport zoning board makes revisions to the
proposed regulations after its initial public hearing, the municipality, county, or joint airport
zoning board must conduct a second public hearing on the revisions and resubmit the revised
proposed regulations to the commissioner for review. The commissioner must examine the
revised proposed regulations within 90 days of receipt to determine whether the revised
proposed regulations conform to the standards prescribed by the commissioner.
new text end
new text begin
(e) If, after a second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that conform to
the commissioner's standards, the commissioner must provide a final written decision to
the municipality, county, or joint airport zoning board.
new text end
new text begin
(f) The municipality, county, or joint airport zoning board must not adopt regulations
or take other action until the proposed regulations are approved by the commissioner.
new text end
new text begin
(g) The commissioner may approve local zoning ordinances that are more stringent than
the commissioner's standards.
new text end
new text begin
(h) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin
(i) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin
(j) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
new text begin Subd. 2. new text end
new text begin Protection of existing land uses. new text end
new text begin
(a) In order to ensure minimum disruption
of existing land uses, the commissioner's airport zoning standards and local airport zoning
ordinances or regulations adopted under section 360.0655 must distinguish between the
creation or establishment of a use and the elimination of an existing use, and must avoid
the elimination, removal, or reclassification of existing uses to the extent consistent with
reasonable safety standards. The commissioner's standards must include criteria for
determining when an existing land use may constitute an airport hazard so severe that public
safety considerations outweigh the public interest in preventing disruption to that land use.
new text end
new text begin
(b) Airport zoning regulations that classify as a nonconforming use or require
nonconforming use classification with respect to any existing low-density structure or
existing isolated low-density building lots must be adopted under sections 360.061 to
360.074.
new text end
new text begin
(c) A local airport zoning authority may classify a land use described in paragraph (b)
as an airport hazard if the authority finds that the classification is justified by public safety
considerations and is consistent with the commissioner's airport zoning standards. Any land
use described in paragraph (b) that is classified as an airport hazard must be acquired, altered,
or removed at public expense.
new text end
new text begin
(d) This subdivision must not be construed to affect the classification of any land use
under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.
new text end
Sec. 72.
new text begin
[360.0656] CUSTOM AIRPORT ZONING STANDARDS.
new text end
new text begin Subdivision 1. new text end
new text begin Custom airport zoning standards; factors. new text end
new text begin
(a) Notwithstanding section
360.0655, a municipality, county, or joint airport zoning board must provide notice to the
commissioner when the municipality, county, or joint airport zoning board intends to establish
and adopt custom airport zoning regulations under this section.
new text end
new text begin
(b) Airport zoning regulations submitted to the commissioner under this subdivision are
not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota
Rules, part 8800.2400.
new text end
new text begin
(c) When developing and adopting custom airport zoning regulations under this section,
the municipality, county, or joint airport zoning board must include in the record a detailed
analysis that explains how the proposed custom airport zoning regulations addressed the
following factors to ensure a reasonable level of safety:
new text end
new text begin
(1) the location of the airport, the surrounding land uses, and the character of
neighborhoods in the vicinity of the airport, including:
new text end
new text begin
(i) the location of vulnerable populations, including schools, hospitals, and nursing
homes, in the airport hazard area;
new text end
new text begin
(ii) the location of land uses that attract large assemblies of people in the airport hazard
area;
new text end
new text begin
(iii) the availability of contiguous open spaces in the airport hazard area;
new text end
new text begin
(iv) the location of wildlife attractants in the airport hazard area;
new text end
new text begin
(v) airport ownership or control of the federal Runway Protection Zone and the
department's Clear Zone;
new text end
new text begin
(vi) land uses that create or cause interference with the operation of radio or electronic
facilities used by the airport or aircraft;
new text end
new text begin
(vii) land uses that make it difficult for pilots to distinguish between airport lights and
other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the
vicinity of the airport;
new text end
new text begin
(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the
aircraft;
new text end
new text begin
(ix) airspace protection to prevent the creation of air navigation hazards in the airport
hazard area; and
new text end
new text begin
(x) the social and economic costs of restricting land uses;
new text end
new text begin
(2) the airport's type of operations and how the operations affect safety surrounding the
airport;
new text end
new text begin
(3) the accident rate at the airport compared to a statistically significant sample, including
an analysis of accident distribution based on the rate with a higher accident incidence;
new text end
new text begin
(4) the planned land uses within an airport hazard area, including any applicable platting,
zoning, comprehensive plan, or transportation plan; and
new text end
new text begin
(5) any other information relevant to safety or the airport.
new text end
new text begin Subd. 2. new text end
new text begin Submission to commissioner; review. new text end
new text begin
(a) Except as provided in section
360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport
zoning board must submit its proposed regulations and the supporting record to the
commissioner for review. The commissioner must determine whether the proposed custom
airport zoning regulations and supporting record (1) evaluate the criteria under subdivision
1, and (2) provide a reasonable level of safety.
new text end
new text begin
(b) Notwithstanding section 15.99, the commissioner must examine the proposed
regulations within 90 days of receipt of the regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval or objections, if any. Failure to
respond within 90 days is deemed an approval. The commissioner may request additional
information from the municipality, county, or joint airport zoning board within the 90-day
review period.
new text end
new text begin
(c) If the commissioner objects on the grounds that the regulations do not provide a
reasonable level of safety, the municipality, county, or joint airport zoning board must
review, consider, and provide a detailed explanation demonstrating how it evaluated the
objections and what action it took or did not take in response to the objections. If the
municipality, county, or joint airport zoning board submits amended regulations after its
initial public hearing, the municipality, county, or joint airport zoning board must conduct
a second public hearing on the revisions and resubmit the revised proposed regulations to
the commissioner for review. The commissioner must examine the revised proposed
regulations within 90 days of receipt of the regulations. If the commissioner requests
additional information, the 90-day review period is tolled until satisfactory information is
received by the commissioner. Failure to respond within 90 days is deemed an approval.
new text end
new text begin
(d) If, after the second review period, the commissioner determines that the municipality,
county, or joint airport zoning board failed to submit proposed regulations that provide a
reasonable safety level, the commissioner must provide a final written decision to the
municipality, county, or joint airport zoning board.
new text end
new text begin
(e) A municipality, county, or joint airport zoning board is prohibited from adopting
custom regulations or taking other action until the proposed regulations are approved by
the commissioner.
new text end
new text begin
(f) If the commissioner approves the proposed regulations, the municipality, county, or
joint airport zoning board may adopt the regulations.
new text end
new text begin
(g) A copy of the adopted regulations must be filed with the county recorder in each
county that contains a zoned area subject to the regulations.
new text end
new text begin
(h) Substantive rights that existed and had been exercised prior to August 1, 2018, are
not affected by the filing of the regulations.
new text end
Sec. 73.
Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:
Subdivision 1.
Reasonableness.
deleted text begin Standards of the commissionerdeleted text end new text begin Zoning standardsnew text end defining
airport hazard areas and the categories of uses permitted and airport zoning regulations
adopted under sections 360.011 to 360.076, shall be reasonable, and none shall impose a
requirement or restriction which is not reasonably necessary to effectuate the purposes of
sections 360.011 to 360.076. deleted text begin In determining what minimum airport zoning regulations may
be adopted, the commissioner and a local airport zoning authority shall consider, among
other things, the character of the flying operations expected to be conducted at the airport,
the location of the airport, the nature of the terrain within the airport hazard area, the existing
land uses and character of the neighborhood around the airport, the uses to which the property
to be zoned are planned and adaptable, and the social and economic costs of restricting land
uses versus the benefits derived from a strict application of the standards of the commissioner.
deleted text end
Sec. 74.
Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Federal no hazard determination. new text end
new text begin
(a) Notwithstanding subdivisions 1 and 2,
a municipality, county, or joint airport zoning board may include in its custom airport zoning
regulations adopted under section 360.0656 an option to permit construction of a structure,
an increase or alteration of the height of a structure, or the growth of an existing tree without
a variance from height restrictions if the Federal Aviation Administration has analyzed the
proposed construction, alteration, or growth under Code of Federal Regulations, title 14,
part 77, and has determined the proposed construction, alteration, or growth does not:
new text end
new text begin
(1) pose a hazard to air navigation;
new text end
new text begin
(2) require changes to airport or aircraft operations; or
new text end
new text begin
(3) require any mitigation conditions by the Federal Aviation Administration that cannot
be satisfied by the landowner.
new text end
new text begin
(b) A municipality, county, or joint airport zoning board that permits an exception to
height restrictions under this subdivision must require the applicant to file the Federal
Aviation Administration's no hazard determination with the applicable zoning administrator.
The applicant must obtain written approval of the zoning administrator before construction,
alteration, or growth may occur. Failure of the administrator to respond within 60 days to
a filing under this subdivision is deemed a denial. The Federal Aviation Administration's
no hazard determination does not apply to requests for variation from land use, density, or
any other requirement unrelated to the height of structures or the growth of trees.
new text end
Sec. 75.
Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:
Subd. 2.
Membership.
new text begin (a) new text end Where a zoning board of appeals or adjustment already exists,
it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall
consist of five members, each to be appointed for a term of three years by the authority
adopting the regulations and to be removable by the appointing authority for cause, upon
written charges and after public hearing. new text begin The length of initial appointments may be staggered.
new text end
new text begin (b) new text end In the case of a Metropolitan Airports Commission, five members shall be appointed
by the commission new text begin chair new text end from the area in and for which the commission was created, any
of whom may be members of the commission. In the case of an airport owned or operated
by the state of Minnesota, the board of commissioners of the county, or counties, in which
the airport hazard area is located shall constitute the airport board of adjustment and shall
exercise the powers and duties of such board as provided herein.
Sec. 76.
Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:
Subd. 6.
Zoning required.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end not expend money for new text begin planning
or new text end land acquisition, deleted text begin ordeleted text end for the construction, improvement, or maintenance of airports, or for
air navigation facilities for an airport, unless the deleted text begin governmental unitdeleted text end new text begin municipality, county,
or joint airport zoning boardnew text end involved has or is establishing a zoning authority for that
airport, and the authority has made a good-faith showing that it is in the process of and will
complete with due diligence, an airport zoning ordinance in accordance with sections 360.061
to 360.074. new text begin The commissioner may provide funds to support airport safety projects that
maintain existing infrastructure, regardless of a zoning authority's efforts to complete a
zoning regulation. new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make maximum use of zoning and easements
to eliminate runway and other potential airport hazards rather than land acquisition in fee.
Sec. 77.
Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Airport safety zone. new text end
new text begin
"Airport safety zone" means an area subject to land use
zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate
(1) the size or location of buildings, or (2) the density of population.
new text end
Sec. 78.
Minnesota Statutes 2016, section 394.23, is amended to read:
394.23 COMPREHENSIVE PLAN.
The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from the
county biological survey, if available, to each county for use in the comprehensive plan.
When adopting or updating the comprehensive plan, the board must, if the data is available
to the county, consider natural heritage data resulting from the county biological survey. In
a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision
10b, the board must consider adopting goals and objectives that will protect open space and
the environment.new text begin The board must consider the location and dimensions of airport safety
zones in any portion of the county, and of any airport improvements, identified in the airport's
most recent approved airport layout plan.
new text end
Sec. 79.
Minnesota Statutes 2016, section 394.231, is amended to read:
394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.
A county adopting or updating a comprehensive plan in a county outside the metropolitan
area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent
area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and
objectives for the preservation of agricultural, forest, wildlife, and open space land, and
minimizing development in sensitive shoreland areas. Within three years of updating the
comprehensive plan, the county shall consider adopting ordinances as part of the county's
official controls that encourage the implementation of the goals and objectives. The county
shall consider the following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin
(4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a county may identify.
Sec. 80.
Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:
Subd. 3.
In district zoning, maps.
Within each such district zoning ordinances or maps
may also be adopted designating or limiting the location, height, width, bulk, type of
foundation, number of stories, size of, and the specific uses for which dwellings, buildings,
and structures may be erected or altered; the minimum and maximum size of yards, courts,
or other open spaces; setback from existing roads and highways and roads and highways
designated on an official map; protective measures necessary to protect the public interest
including but not limited to controls relating to appearance, signs, lighting, hours of operation
and other aesthetic performance characteristics including but not limited to noise, heat,
glare, vibrations and smoke; the area required to provide for off street loading and parking
facilities; heights of trees and structures near airports; and to avoid too great concentration
or scattering of the population. All such provisions shall be uniform for each class of land
or building throughout each district, but the provisions in one district may differ from those
in other districts. No provision may prohibit earth sheltered construction as defined in section
216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31
to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.new text begin
Airport safety zones must be included on maps that illustrate boundaries of zoning districts
and that are adopted as official controls.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Sec. 81.
Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Airport safety zone. new text end
new text begin
"Airport safety zone" has the meaning given in section
394.22, subdivision 1a.
new text end
Sec. 82.
Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:
Subdivision 1.
Preparation and review.
The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall consult
with and coordinate the planning activities of other departments and agencies of the
municipality to insure conformity with and to assist in the development of the comprehensive
municipal plan. In its planning activities the planning agency shall take due cognizance of
the planning activities of adjacent units of government and other affected public agencies.
The planning agency shall periodically review the plan and recommend amendments
whenever necessary. When preparing or recommending amendments to the comprehensive
plan, the planning agency of a municipality located within a county that is not a greater than
80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting
goals and objectives that will protect open space and the environment.new text begin When preparing or
recommending amendments to the comprehensive plan, the planning agency must consider
(1) the location and dimensions of airport safety zones in any portion of the municipality,
and (2) any airport improvements identified in the airport's most recent approved airport
layout plan.
new text end
Sec. 83.
Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision
to read:
new text begin Subd. 1i. new text end
new text begin Airport safety zones on zoning maps. new text end
new text begin
Airport safety zones must be included
on maps that illustrate boundaries of zoning districts and that are adopted as official controls.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to maps
created or updated under this section on or after that date.
new text end
Sec. 84.
Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:
Subd. 9.
Development goals and objectives.
In adopting official controls after July 1,
2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:
(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and
open space lands, including consideration of appropriate minimum lot sizes;
(2) minimizing further development in sensitive shoreland areas;
(3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text begin
(4) encouraging land uses in airport safety zones that are compatible with the safe
operation of the airport and the safety of people in the vicinity of the airport;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services, and
to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
deleted text begin (5)deleted text end new text begin (6)new text end encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
deleted text begin (6)deleted text end new text begin (7)new text end identification of areas where other developments are appropriate; and
deleted text begin (7)deleted text end new text begin (8)new text end other goals and objectives a municipality may identify.
Sec. 85.
Minnesota Statutes 2016, section 473.13, subdivision 1, is amended to read:
Subdivision 1.
Budget.
(a)new text begin Except as provided in paragraph (b),new text end on or before December
20 of each year, the council shall adopt a final budget covering its anticipated receipts and
disbursements for the ensuing year and shall decide upon the total amount necessary to be
raised from ad valorem tax levies to meet its budget. The budget deleted text begin shalldeleted text end new text begin mustnew text end state in detail
the expenditures for each program to be undertaken, including the expenses for salaries,
consultant services, overhead, travel, deleted text begin printing,deleted text end and other items. The budget deleted text begin shalldeleted text end new text begin mustnew text end state
in detail thenew text begin council's nontransportationnew text end capital expenditures deleted text begin of the councildeleted text end for the budget
year, based on a five-year capital program adopted by the council and transmitted to the
legislature. After adoption of the budget and no later than five working days after December
20, the council shall certify to the auditor of each metropolitan county the share of the tax
to be levied within that county, which must be an amount bearing the same proportion to
the total levy agreed on by the council as the net tax capacity of the county bears to the net
tax capacity of the metropolitan area. The maximum amount of any levy made for the
purpose of this chapter may not exceed the limits set by the statute authorizing the levy.
new text begin
(b) For the transportation components of the council's budgeting, each fiscal year starts
July 1 and ends the following June 30. On or before June 15 of each year, the council must
adopt a final budget for the transportation components that identifies its anticipated receipts
and disbursements for the next fiscal year. The budget must state in detail the expenditures
to be undertaken for each program, including the expenses for salaries, consultant services,
overhead, travel, and other items. The budget must state in detail the council's transportation
capital expenditures for the budget year, based on a five-year capital program adopted by
the council and transmitted to the legislature.
new text end
deleted text begin (b)deleted text end new text begin (c) As part of the budget under paragraph (b) innew text end each even-numbered yearnew text begin ,new text end the council
deleted text begin shalldeleted text end new text begin mustnew text end prepare for its transit programs a financial plan for the succeeding three deleted text begin calendardeleted text end
new text begin fiscalnew text end yearsdeleted text begin , in half-year segmentsdeleted text end . The financial plan must contain schedules of user charges
and any changes in user charges planned or anticipated by the council during the period of
the plan. The financial plan must contain a proposed request for state financial assistance
for the succeeding biennium.
deleted text begin (c)deleted text end new text begin (d)new text end In addition, deleted text begin thedeleted text end new text begin eachnew text end budgetnew text begin under paragraphs (a) and (b)new text end must show for each
year:
(1) the estimated operating revenues from all sources including funds on hand at the
beginning of the year, and estimated expenditures for costs of operation, administration,
maintenance, and debt service;
(2) capital improvement funds estimated to be on hand at the beginning of the year and
estimated to be received during the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year, all in such detail and form as the
council may prescribe; and
(3) the estimated source and use of pass-through funds.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective beginning with the
transportation budget period under paragraph (b) that starts July 1, 2019, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 86.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Budget changes or variances; reports. new text end
new text begin
At least quarterly by January 1, April
1, July 1, and October 1, the council must submit a summary to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over transportation policy and finance and to the Legislative Commission on Metropolitan
Government on any changes to or variances from the budget adopted under subdivision 1.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 87.
Minnesota Statutes 2016, section 473.13, subdivision 4, is amended to read:
Subd. 4.
Accounts;new text begin accounting system; controls;new text end audits.
new text begin (a) new text end The council shall keep
an accurate account of its receipts and disbursements.new text begin For the transportation and transit
components of the council's financial activity, the council must use the state accounting
system maintained by the commissioner of management and budget under sections 16A.14
and 16A.15.
new text end
new text begin (b)new text end Disbursements of council money must be made by check or by electronic funds
transfer, signed or authorized by the chair or vice-chair of the council, and countersigned
or authorized by its regional administrator or designee after whatever auditing and approval
of the expenditure may be required by the council.
new text begin (c)new text end The state auditor shall audit the books and accounts of the council once each year,
or as often as funds and personnel of the state auditor permit. The council shall pay to the
state the total cost and expenses of the examination, including the salaries paid to the auditors
while actually engaged in making the examination. The general fund must be credited with
all collections made for any examination.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective July 1, 2019, for the
transportation budget period that starts on that date and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 88.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Overview of revenues and expenditures; forecast. new text end
new text begin
(a) In cooperation with
the commissioner of management and budget and as required by section 16A.103, the
council must prepare in February and November of each year a financial overview and
forecast of revenues and expenditures for the transportation components of the council's
budget.
new text end
new text begin
(b) At a minimum, the financial overview and forecast must identify:
new text end
new text begin
(1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous
four budget years;
new text end
new text begin
(2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances
for each year within the state forecast period; and
new text end
new text begin
(3) a comparison of the information under clause (2) to the prior forecast, including any
changes made.
new text end
new text begin
(c) The information under paragraph (b), clauses (1) and (2), must include:
new text end
new text begin
(1) a breakdown for each transportation operating budget category established by the
council, including but not limited to bus, light rail transit, commuter rail, planning, special
transportation service under section 473.386, and assistance to replacement service providers
under section 473.388;
new text end
new text begin
(2) data for both transportation operating and capital expenditures; and
new text end
new text begin
(3) fund balances for each replacement service provider under section 473.388.
new text end
new text begin
(d) The financial overview and forecast must summarize reserve policies, identify the
methodology for cost allocation, and review revenue assumptions and variables affecting
the assumptions.
new text end
new text begin
(e) The council must review the financial overview and forecast information with the
chairs and legislative staff of the legislative committees with jurisdiction over finance, ways
and means, and transportation finance no later than two weeks following the release of the
forecast.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 89.
Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Budget assumptions. new text end
new text begin
(a) As part of the budget submission to the legislature
under section 16A.11, the council must explicitly identify the assumptions used (1) to prepare
the budget submission, and (2) for any underlying documentation or plans regarding
transportation and transit.
new text end
new text begin
(b) As part of the budget submission to the legislature under section 16A.11, the council
must include copies of any report, application, or related document submitted to the Federal
Transit Administration since the previous budget submission was provided to the legislature.
In the budget submission, the council must explicitly identify the assumptions used to
prepare each of the reports, applications, or related documents.
new text end
new text begin
(c) In the budget submission to the legislature under section 16A.11, the council must
include a section that provides a detailed explanation of the impact each assumption identified
in paragraphs (a) and (b) has on the council's financial forecast.
new text end
Sec. 90.
Minnesota Statutes 2016, section 473.146, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
The council deleted text begin shalldeleted text end new text begin mustnew text end adopt deleted text begin adeleted text end long-range comprehensive
policy deleted text begin plandeleted text end new text begin plansnew text end for transportation and wastewater treatment. deleted text begin The plansdeleted text end new text begin Each policy plannew text end
must substantially conform to all policy statements, purposes, goals, standards, and maps
in the development guide developed and adopted by the council undernew text begin section 473.145 andnew text end
this chapter. Each policy plan must include, to the extent appropriate to the functions,
services, and systems covered, the following:
(1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters, for the metropolitan area and appropriate
subareas;
(2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;
(3) a statement of the council's goals, objectives, and priorities with respect to the
functions, services, and systems covered, addressing areas and populations to be served,
the levels, distribution, and staging of services; a general description of the facility systems
required to support the services; the estimated cost of improvements required to achieve
the council's goals for the regional systems, including an analysis of what portion of the
funding for each improvement is proposed to come from the state, Metropolitan Council
levies, and cities, counties, and towns in the metropolitan area, respectively, and other
similar matters;
(4) a statement of policies to effectuate the council's goals, objectives, and priorities;
(5) a statement of the fiscal implications of the council's plan, including a statement of:
(i) the resources available under existing fiscal policy; (ii) the adequacy of resources under
existing fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if
any, that are or may be required to effectuate the council's goals, objectives, and priorities;
and (iv) any changes in existing fiscal policy, on regional revenues and intergovernmental
aids respectively, that are expected or that the council has recommended or may recommend;
(6) a statement of the relationship of the policy plan to other policy plans and deleted text begin chaptersdeleted text end new text begin
relevant portionsnew text end of the deleted text begin Metropolitandeleted text end development guide;
(7) a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; and
(8) additional general information as may be necessary to develop the policy plan or as
may be required by the laws relating to the metropolitan agency and function covered by
the policy plan.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective June 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 91.
Minnesota Statutes 2016, section 473.146, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Development guide:deleted text end Transportationnew text begin policy plannew text end .
new text begin (a) new text end The transportation
deleted text begin chapterdeleted text end new text begin policy plannew text end must include policies relating to all transportation forms and be designed
to promote the legislative determinations, policies, and goals set forth in section 473.371.
new text begin
(b) In addition to the requirements regarding the contents of the policy plan under
subdivision 1, the plan must include:
new text end
new text begin
(1) a fully constrained scenario that assumes no revenue increase from current law and
no inflationary increases;
new text end
new text begin
(2) a partially constrained scenario that assumes no revenue increase from current law
but includes reasonable inflationary increases; and
new text end
new text begin
(3) an envisioned revenue scenario that identifies a revenue increase in an amount that
accommodates transportation system maintenance, improvements, and expansion, including
for state and local roads, regular route bus service, busways, and guideways.
new text end
new text begin
(c) The estimates under each scenario in paragraph (b) must identify anticipated long-term
transit system impacts, including unfunded costs for each transit mode and any reductions
in regular route bus service hours.
new text end
new text begin (d)new text end In addition to the requirements of subdivision 1 regarding the contents of the policy
plan, the nontransit deleted text begin elementdeleted text end new text begin portionnew text end of the deleted text begin transportation chapterdeleted text end new text begin plannew text end must include the
following:
(1) a statement of the needs and problems of the metropolitan area with respect to the
functions covered, including the present and prospective demand for and constraints on
access to regional business concentrations and other major activity centers and the constraints
on and acceptable levels of development and vehicular trip generation at such centers;
(2) the objectives of and the policies to be forwarded by the policy plan;
(3) a general description of the physical facilities and services to be developed;
(4) a statement as to the general location of physical facilities and service areas;
(5) a general statement of timing and priorities in the development of those physical
facilities and service areas;
(6) a detailed statement, updated every two years, of timing and priorities for
improvements and expenditures needed on the metropolitan highway system;
(7) a general statement on the level of public expenditure appropriate to the facilities;
and
(8) a long-range assessment of air transportation trends and factors that may affect airport
development in the metropolitan area and policies and strategies that will ensure a
comprehensive, coordinated, and timely investigation and evaluation of alternatives for
airport development.
new text begin (e) new text end The council shall develop the nontransit deleted text begin elementdeleted text end new text begin portionnew text end in consultation with the
transportation advisory board and the Metropolitan Airports Commission and cities having
an airport located within or adjacent to its corporate boundaries. The council shall also take
into consideration the airport development and operations plans and activities of the
commission. The council shall transmit the results to the state Department of Transportation.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective June 1, 2018, applies
for the next regular update to the transportation policy plan, and applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 92.
Minnesota Statutes 2016, section 473.3994, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Rail colocation prohibition. new text end
new text begin
The responsible authority is prohibited from
constructing a light rail transit line or extension in a shared use rail corridor for freight rail
and light rail transit.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective June 1, 2018. The
portion of this section applicable to the Metropolitan Council applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
Sec. 93.
Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended
to read:
Subd. 2.
Operating costs.
(a) After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs must
be paid by the state.
(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs
must be paid from nonstate sources for a segment of a light rail transit line or line extension
project that formally entered the engineering phase of the Federal Transit Administration's
"New Starts" capital investment grant program between August 1, 2016, and December 31,
2016.
new text begin
(c) For purposes of this subdivision, operating costs consist of the costs associated with
light rail system daily operations and the maintenance costs associated with keeping light
rail services and facilities operating. Operating costs do not include costs incurred to enhance
or expand the existing system, construct new buildings or facilities, purchase new vehicles,
or make technology improvements.
new text end
Sec. 94.
Minnesota Statutes 2017 Supplement, section 473.4485, subdivision 2, is amended
to read:
Subd. 2.
Legislative report.
(a) By October 15 in every even-numbered year, the council
must prepare, in collaboration with the commissioner, a report on comprehensive transit
finance in the metropolitan area. The council must submit the report electronically to the
chairs and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance.
(b) The report must be structured to provide financial information in six-month increments
corresponding to state and local fiscal years, and must use consistent assumptions and
methodologies. new text begin The report must explicitly identify and explain the assumptions and
methodologies used to prepare the report. new text end The report must comprehensively identify all
funding sources and expenditures related to transit in the metropolitan area, including but
not limited to:
(1) sources and uses of funds from regional railroad authorities, joint powers agreements,
counties, and cities;
(2) expenditures for transit planning, feasibility studies, alternatives analysis, and other
transit project development; and
(3) expenditures for guideways, busways, regular route bus service, demand-response
service, and special transportation service under section 473.386.
(c) The report must include a section that summarizes the status of (1) guideways in
revenue operation, and (2) guideway projects (i) currently in study, planning, development,
or construction; (ii) identified in the transportation policy plan under section 473.146; or
(iii) identified in the comprehensive statewide freight and passenger rail plan under section
174.03, subdivision 1b.
(d) At a minimum, the guideways status section of the report must provide for each
guideway project wholly or partially in the metropolitan area:
(1) a brief description of the project, including projected ridership;
(2) a summary of the overall status and current phase of the project;
(3) a timeline that includes (i) project phases or milestones, including any federal
approvals; (ii) expected and known dates of commencement of each phase or milestone;
and (iii) expected and known dates of completion of each phase or milestone;
(4) a brief progress update on specific project phases or milestones completed since the
last previous submission of a report under this subdivision; and
(5) a summary financial plan that identifies, as reflected by the data and level of detail
available in the latest phase of project development and to the extent available:
(i) capital expenditures, including expenditures to date and total projected expenditures,
with a breakdown by committed and proposed sources of funds for the project;
(ii) estimated annual operations and maintenance expenditures reflecting the level of
detail available in the current phase of the project development, with a breakdown by
committed and proposed sources of funds for the project; and
(iii) if feasible, project expenditures by budget activity.
(e) The report must include a section that summarizes the status of (1) busways in revenue
operation, and (2) busway projects currently in study, planning, development, or construction.
(f) The report must include a section that identifies the total ridership, farebox recovery
ratio, and per-passenger operating subsidy for (1) each route and line in revenue operation
by a transit provider, including guideways, busways, and regular route bus service; and (2)
demand-response service and special transportation service. The section must provide data,
as available on a per-passenger mile basis and must provide information for at least the
previous three years. The section must identify performance standards for farebox recovery
and identify each route and line that does not meet the standards.
(g) The report must also include a systemwide capacity analysis for transit operations
and investment in expansion and maintenance that:
(1) provides a funding projection, annually over the ensuing ten years, and with a
breakdown by committed and proposed sources of funds, of:
(i) total capital expenditures for guideways and for busways;
(ii) total operations and maintenance expenditures for guideways and for busways;
(iii) total funding available for guideways and for busways, including from projected or
estimated farebox recovery; and
(iv) total funding available for transit service in the metropolitan area; and
(2) evaluates the availability of funds and distribution of sources of funds for guideway
and for busway investments.
(h) The capacity analysis under paragraph (g) must include all guideway and busway
lines for which public funds are reasonably expected to be expended in planning,
development, construction, revenue operation, or capital maintenance during the ensuing
ten years.
(i) Local units of government must provide assistance and information in a timely manner
as requested by the commissioner or council for completion of the report.
Sec. 95.
Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:
Subd. 1a.
Exemptions: certain manufacturers; commissioner of transportation;
road maintenance.
(a) Sections 574.26 to 574.32 do not apply to a manufacturer of public
transit buses that manufactures at least 100 public transit buses in a calendar year. For
purposes of this section, "public transit bus" means a motor vehicle designed to transport
people, with a design capacity for carrying more than 40 passengers, including the driver.
The term "public transit bus" does not include a school bus, as defined in section 169.011,
subdivision 71.
(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32
do not apply to any projects of the Department of Transportation (1) costing less than the
amount in section 471.345, subdivision 3, deleted text begin ordeleted text end (2) involving the permanent or semipermanent
installation of heavy machinery, fixtures, or other capital equipment to be used primarily
for maintenance or repairnew text begin , or (3) awarded under section 161.32, subdivision 2new text end .
(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal,
grading, or other similar routine road maintenance on town roads.
Sec. 96.
Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is
amended to read:
Subd. 2.Administration and Related Services
|
||||||
| (a) Office of Communications |
553,000 |
573,000 |
||||
| Appropriations by Fund |
||
| 2018 |
2019 |
|
| General |
127,000 |
130,000 |
| Trunk Highway |
426,000 |
443,000 |
| (b) Public Safety Support |
6,372,000 |
6,569,000 |
||||
| Appropriations by Fund |
||
| 2018 |
2019 |
|
| General |
1,225,000 |
1,235,000 |
| H.U.T.D. |
1,366,000 |
1,366,000 |
| Trunk Highway |
3,781,000 |
3,968,000 |
new text begin
The commissioner must not spend any money
from the highway user tax distribution fund
for employees working at the public
information center or comparable customer
service positions elsewhere in the department.
new text end
| (c) Public Safety Officer Survivor Benefits |
640,000 |
640,000 |
||||
This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
| (d) Public Safety Officer Reimbursements |
1,367,000 |
1,367,000 |
||||
This appropriation is from the general fund to
be deposited in the public safety officer's
benefit account. This money is available for
reimbursements under Minnesota Statutes,
section 299A.465.
| (e) Soft Body Armor Reimbursements |
700,000 |
700,000 |
||||
| Appropriations by Fund |
||
| 2018 |
2019 |
|
| General |
600,000 |
600,000 |
| Trunk Highway |
100,000 |
100,000 |
This appropriation is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.
| (f) Technology and Support Service |
3,777,000 |
3,814,000 |
||||
| Appropriations by Fund |
||
| 2018 |
2019 |
|
| General |
1,353,000 |
1,365,000 |
| H.U.T.D. |
19,000 |
19,000 |
| Trunk Highway |
2,405,000 |
2,430,000 |
Sec. 97. new text begin EDITING MNLARS TRANSACTIONS.
new text end
new text begin
(a) The commissioner of public safety must ensure deputy registrars are able to edit, at
a minimum, the following information as part of a Minnesota Licensing and Registration
System (MNLARS) transaction:
new text end
new text begin
(1) personal information of the applicant;
new text end
new text begin
(2) vehicle classification and information about a vehicle or trailer;
new text end
new text begin
(3) sale price of a vehicle or trailer;
new text end
new text begin
(4) the amount of taxes and fees; and
new text end
new text begin
(5) the base value of a vehicle or trailer.
new text end
new text begin
The ability to edit the transactions in this paragraph must be available until the end of the
business day following the day the transaction was initially completed.
new text end
new text begin
(b) For each transaction edited, MNLARS must record which individual edited the
record, the date and time the record was edited, what information was edited, and include
a notation that the transaction was edited.
new text end
Sec. 98. 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. 392, also known as marked Interstate Highway 94, in
the westbound lane beginning at LaSalle Avenue and extending west to the Lowry Tunnel.
Upon notification by the city of Minneapolis to the commissioner of transportation of the
city's adoption of the ordinance, 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. 99. new text begin LEGISLATIVE ROUTE NO. 180 TURNBACK; SPEED LIMIT.
new text end
new text begin
If the commissioner of transportation turns back any portion of Legislative Route No.
180 to Grant County, the speed limit on that portion of the road after it is turned back must
remain 60 miles per hour.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 100. new text begin LEGISLATIVE ROUTE NO. 222 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Red Lake County to transfer jurisdiction of
Legislative Route No. 222 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 101. new text begin LEGISLATIVE ROUTE NO. 253 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 253 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 102. new text begin LEGISLATIVE ROUTE NO. 254 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Faribault County to transfer jurisdiction of
Legislative Route No. 254 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 103. new text begin LEGISLATIVE ROUTE NO. 277 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of Chippewa County to transfer jurisdiction of
Legislative Route No. 277 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 104. new text begin LEGISLATIVE ROUTE NO. 298 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 298 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 105. new text begin LEGISLATIVE ROUTE NO. 299 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 299 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 106. new text begin LEGISLATIVE ROUTE NO. 323 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day
after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Faribault to transfer jurisdiction of
Legislative Route No. 323 and after the commissioner 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 electronically
or in writing that the conditions required to transfer the route have been satisfied.
new text end
Sec. 107. new text begin MARKED INTERSTATE HIGHWAY 35 SIGNS.
new text end
new text begin
The commissioner of transportation must erect signs that identify and direct motorists
to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy
for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73. At least one sign in
each direction of travel must be placed on marked Interstate Highway 35, located as near
as practical to exits that reasonably access the campuses. The commissioner is prohibited
from removing signs for the campuses posted on marked Trunk Highway 60.
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. 108. new text begin MNLARS REIMBURSEMENT FROM THE JOINT HOUSE AND SENATE
SUBCOMMITTEE ON CLAIMS.
new text end
new text begin
Any person may seek reimbursement from the joint house and senate Subcommittee on
Claims for any personal or business costs that would not have been incurred but for an
unreasonable delay caused by the Minnesota Licensing and Registration System (MNLARS)
or improper functioning of MNLARS. The subcommittee must determine whether a delay
is unreasonable compared to the length of time it took to complete a similar transaction
prior to the use of MNLARS.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 109. new text begin MOTOR VEHICLE TITLE TRANSFER AND REGISTRATION
ADVISORY COMMITTEE; FIRST APPOINTMENTS; FIRST MEETING.
new text end
new text begin Subdivision 1. new text end
new text begin First appointments. new text end
new text begin
Appointment authorities must make first
appointments to the Motor Vehicle Title Transfer and Registration Advisory Committee by
September 15, 2018.
new text end
new text begin Subd. 2. new text end
new text begin First meeting. new text end
new text begin
The commissioner of public safety or a designee shall convene
the first meeting of the advisory committee by November 1, 2018.
new text end
Sec. 110. new text begin PUBLIC AWARENESS CAMPAIGN.
new text end
new text begin
The commissioner of public safety shall conduct a public awareness campaign to increase
public knowledge about Minnesota Statutes, section 169.18, subdivision 10.
new text end
Sec. 111. new text begin MARKED INTERSTATE HIGHWAY 94 STUDY; APPROPRIATION.
new text end
new text begin
$500,000 in fiscal year 2019 is appropriated from the trunk highway fund to the
commissioner of transportation to conduct a study on the feasibility of expanding or
reconstructing marked Interstate Highway 94 from the city of St. Michael to the city of St.
Cloud. At a minimum, the commissioner's study must include traffic modeling and an
environmental analysis. This is a onetime appropriation.
new text end
Sec. 112. new text begin INTERSTATE HIGHWAY 35 AT COUNTY ROAD 9 IN RICE COUNTY
INTERCHANGE FEASIBILITY STUDY; APPROPRIATION.
new text end
new text begin
$500,000 in fiscal year 2019 is appropriated from the trunk highway fund to the
commissioner of transportation to conduct a study on the feasibility of an interchange at
marked Interstate Highway 35 and County Road 9 in Rice County. At a minimum, the
commissioner's study must include estimated construction costs, traffic modeling, an
environmental analysis, and a potential design layout for an interchange. This is a onetime
appropriation.
new text end
Sec. 113. new text begin APPROPRIATION; DEPUTY REGISTRAR REIMBURSEMENTS.
new text end
new text begin
(a) $9,000,000 in fiscal year 2018 is appropriated from the special revenue fund to the
commissioner of management and budget for grants to deputy registrars under Minnesota
Statutes, section 168.33. Of this amount, $3,000,000 is from the vehicle services operating
account and $6,000,000 is from the driver services operating account. This is a onetime
appropriation and is available in fiscal year 2019.
new text end
new text begin
(b) The reimbursement to each deputy registrar is calculated as follows:
new text end
new text begin
(1) 50 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee under Minnesota Statutes, section 168.33, subdivision 7, is
retained by each deputy registrar from August 1, 2017, through January 31, 2018, compared
to (ii) the total number of transactions where a filing fee is retained by all deputy registrars
during that time period; and
new text end
new text begin
(2) 50 percent of available funds, or 100 percent of available funds if there is insufficient
data to perform the calculation under clause (1), allocated proportionally based on (i) the
number of transactions where a filing fee is retained by each deputy registrar from July 1,
2014, through June 30, 2017, compared to (ii) the total number of transactions where a filing
fee is retained by all deputy registrars during that time period.
new text end
new text begin
(c) For a deputy registrar appointed after July 1, 2014, the commissioner of management
and budget must identify whether a corresponding discontinued deputy registrar appointment
exists. If a corresponding discontinued deputy registrar is identified, the commissioner must
include the transactions of the discontinued deputy registrar in the calculations under
paragraph (b) for the deputy registrar appointed after July 1, 2014.
new text end
new text begin
(d) For a deputy registrar appointed after July 1, 2014, for which paragraph (c) does not
apply, the commissioner of management and budget must calculate that deputy registrar's
proportional share under paragraph (b), clause (1), based on the average number of
transactions where a filing fee is retained among the deputy registrars, as calculated excluding
any deputy registrars for which this paragraph applies.
new text end
new text begin
(e) Except as provided in paragraph (c), in the calculations under paragraph (b) the
commissioner of management and budget must exclude transactions for (1) a deputy registrar
that is no longer operating as of the effective date of this section, and (2) a deputy registrar
office operated by the state.
new text end
new text begin
(f) A deputy registrar office operated by the state is not eligible to receive funds under
this section.
new text end
new text begin
(g) The commissioner of management and budget must make efforts to reimburse deputy
registrars within 30 days of the effective date of this section. The commissioner must use
existing resources to administer the reimbursements.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2018.
new text end
Sec. 114. new text begin APPROPRIATION; MNLARS FUNDING.
new text end
new text begin Subdivision 1. new text end
new text begin Appropriations. new text end
new text begin
$15,100,000 in fiscal year 2019 is appropriated from
the general fund to the commissioner of public safety for contracted technical staff and
technical costs related to continued development, improvement, operations, and deployment
of MNLARS. The base for this appropriation is $5,500,000 in fiscal year 2020 and $0 in
fiscal year 2021. The planning estimate in fiscal year 2020 may only be used for a FAST
enterprise contract payment relating to the driver licensing system.
new text end
new text begin Subd. 2. new text end
new text begin Quarterly funding review. new text end
new text begin
The appropriations in this section are subject to
the quarterly review process established in Laws 2018, chapter 101, section 5, subdivision
5.
new text end
new text begin Subd. 3. new text end
new text begin Use of funds. new text end
new text begin
The appropriation in subdivision 1 for fiscal year 2019 may be
expended only for:
new text end
new text begin
(1) contracting to perform software development on the vehicle services component of
MNLARS; and
new text end
new text begin
(2) technology costs.
new text end
new text begin
The appropriation in this paragraph must not be expended on additional full or part-time
employees employed by the Department of Public Safety.
new text end
Sec. 115. new text begin APPROPRIATION; CAT II APPROACH SYSTEM; ROCHESTER.
new text end
new text begin
(a) $900,000 in fiscal year 2019 is appropriated from the state airport fund to the
commissioner of transportation for a grant to the city of Rochester to acquire and install a
CAT II approach system at the Rochester International Airport. This is a onetime
appropriation.
new text end
new text begin
(b) This appropriation is available when the commissioner of management and budget
determines that sufficient resources have been committed to complete the project, as required
by Minnesota Statutes, section 16A.502, and is available until the project is completed or
abandoned, subject to Minnesota Statutes, section 16A.642.
new text end
Sec. 116. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the term "special revenue fund" to "driver and vehicle
services fund" wherever the term appears in Minnesota Statutes when referring to the
accounts under Minnesota Statutes, section 299A.705.
new text end
Sec. 117. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2016, sections 168.013, subdivision 21; and 221.161, subdivisions
2, 3, and 4,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2;
and 360.066, subdivisions 1a and 1b,
new text end
new text begin
are repealed.
new text end
Sec. 118. new text begin APPLICATION.
new text end
new text begin
(a) Sections 63 to 84 and section 117, paragraph (b), are effective August 1, 2018, and
apply to airport sponsors that make or plan to make changes to runway lengths or
configurations on or after that date.
new text end
new text begin
(b) Sections 63 to 84 and section 117, paragraph (b), do not apply to airports that (1)
have airport safety zoning ordinances approved by this commissioner in effect on August
1, 2018; (2) have not made and are not planning to make changes to runway lengths or
configurations; and (3) are not required to update airport safety zoning ordinances.
new text end
APPENDIX
Repealed Minnesota Statutes: S3806-1
168.013 VEHICLE REGISTRATION TAXES.
Subd. 21.
Technology surcharge.
For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016. Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.
221.161 SCHEDULE OF RATES AND CHARGES.
Subd. 2.
Hearing upon complaint.
Tariffs, supplements, and reissues must be prepared and filed in accordance with rules of the commissioner. Rates or charges, including pickup charges named therein, are subject to complaint to the commissioner by an interested party. The commissioner, after investigation by the department, by order on not less than ten days' notice, may assign the complaint for hearing, and if at the hearing, the complainant submits facts and evidence sufficient to establish proof that the rates or charges complained of are excessive or noncompensatory, the commissioner may order the rates or charges canceled, and require the filing of alternative and reasonable rates and charges, the reasonable level of which at that time must be indicated by the commissioner in the order.
Subd. 3.
Hearing upon petition by another carrier.
Upon the filing of a tariff or subsequent supplement or reissue, any other carrier has the right to petition the commissioner to suspend it from taking effect until opportunity is had for a hearing on the reasonableness of the rates or charges, and the commissioner may suspend the rates or charges if in its judgment the rates or charges complained of are so unreasonably low as to create destructive competitive practices among or jeopardize the economic position of competing carriers. In determining whether the rates or charges are excessive or noncompensatory, the commissioner shall include in consideration, among other things, the reasonable cost of the services rendered for the transportation, including a reasonable return on the money invested in the business and an adequate sum for maintenance and depreciation of the property used.
Subd. 4.
Hearing on merits of rates and charges.
The commissioner, (1) after a suspension and hearing upon a schedule of rates and charges, or upon complaint, or upon the commissioner's own initiative, either in extension of an existing complaint or without a complaint whatever, (2) after department investigation and petition, (3) upon notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule of rates and charges on a single group of related commodities, and (4) upon notice to the users of the service and competitive carriers by motor vehicle and rail, may assign for hearing the schedule of rates and charges proposed, maintained, or charged by any or all permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or otherwise in violation of this section, the commissioner may prescribe minimum rates and charges and the rates, rules, and practices thereafter to be maintained and applied by the permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier or tariff agent whose schedules of rates and charges are under investigation to show that the schedules are not below a minimum reasonable level or are not noncompensatory.
360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE.
Subd. 4.
Airport approach.
The commissioner may recommend an airport approach plan for each publicly owned airport in the state and for each privately owned airport of the publicly owned class and from time to time recommend revisions of the plan. A plan shall indicate the circumstances in which structures or trees are or would be airport hazards, the airport hazard area, and what measures should be taken to eliminate airport hazards. The commissioner shall prescribe airport approach and turning standards for airports of various classes, and airport zoning regulations adopted by a municipality, county, or joint airport zoning board shall conform to the standards, except as provided in sections 360.065 and 360.066.
360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS.
Subd. 2.
Regulations submitted to commissioner.
Prior to adopting zoning regulations for an airport hazard area under sections 360.011 to 360.076, the municipality, county, or joint airport zoning board which is to adopt the regulations shall submit its proposed regulations to the commissioner in order that the commissioner may determine whether it conforms to the standards prescribed by the commissioner. The commissioner shall immediately examine the proposed regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval, or objections, if any. If objections are made by the commissioner on the ground that the regulations do not conform to the standards prescribed by the commissioner for the class of airport involved, the municipality, county, or joint zoning board shall make amendments as are necessary to meet the objections unless it demonstrates that the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards. The governing body of the municipality or county or the joint airport zoning board shall not adopt the regulations or take other action until the proposed regulations are approved by the commissioner. The commissioner may approve local zoning ordinances that are more stringent than the standards. A copy of the regulations as adopted shall be filed with the county recorder in each county in which the zoned area is located.
Substantive rights existing prior to the passage of this subdivision and previously exercised are not affected by the filing of the regulations.
360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.
Subd. 1a.
Protection of existing neighborhood.
(a) In order to ensure the minimum disruption of existing land uses, particularly established residential neighborhoods in built-up urban areas, the airport zoning standards of the commissioner and the local airport zoning ordinances or regulations adopted under sections 360.061 to 360.074 shall distinguish between the creation or establishment of a use and the elimination of an existing use, and shall avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable standards of safety. The standards of the commissioner shall include criteria for determining when an existing land use may constitute an airport hazard so severe that considerations of public safety outweigh the public interest in preventing disruption to that land use.
(b) No airport zoning standards or local airport zoning ordinances or regulations shall be adopted pursuant to sections 360.061 to 360.074 that classify as a nonconforming use or require such classification with respect to any low-density residential structure or isolated low-density residential building lots existing on January 1, 1978 in an established residential neighborhood.
(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if that authority finds that this classification is justified by considerations of public safety and is consistent with the airport zoning standards of the commissioner. Any land use described in paragraph (b) which is classified as an airport hazard shall be acquired, altered, or removed at public expense.
(d) The provisions of this subdivision shall not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted pursuant to sections 360.061 to 360.074.
Subd. 1b.
Amendment of standards.
Within nine months after March 29, 1978, the commissioner shall amend the standards defining airport hazard areas and categories of uses permitted therein to conform with the requirements of Laws 1978, chapter 654. Until the commissioner adopts amended standards as required by this subdivision the unamended standards, insofar as they require classification of any residential property as a nonconforming use contrary to the provisions of subdivision 1a, paragraph (b), shall be without force or effect.