SF 724

4th Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; exempting certain roads, 
  1.3             streets, and highways from noise standards; clarifying 
  1.4             that specific service signs may be placed at certain 
  1.5             intersections of trunk highways; defining residential 
  1.6             roadway; defining daytime and nighttime; directing the 
  1.7             commissioner of transportation to determine cost 
  1.8             reimbursement policies; correcting obsolete reference; 
  1.9             directing commissioner of transportation to study and 
  1.10            prepare a report proposing a comprehensive, statewide 
  1.11            highway access management policy; directing transfer 
  1.12            of ownership of licenses for public safety radio 
  1.13            system frequencies; requiring reduced speed near 
  1.14            stopped emergency vehicles; providing civil penalties; 
  1.15            amending Minnesota Statutes 1996, sections 116.07, 
  1.16            subdivision 2a; 160.292, subdivision 5; 169.01, 
  1.17            subdivision 81, and by adding subdivisions; 169.14, 
  1.18            subdivisions 2, 3, and 5d; 169.17; 174.23, by adding a 
  1.19            subdivision; and 473.894, subdivision 3; repealing 
  1.20            Minnesota Statutes 1996, section 169.14, subdivision 
  1.21            4a; Minnesota Rules, parts 8840.0100; 8840.0200; 
  1.22            8840.0300; 8840.0400; 8840.0500; 8840.0600; 8840.0700; 
  1.23            8840.0800; 8840.0900; 8840.1000; 8840.1100; 8840.1200; 
  1.24            and 8840.1300. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1996, section 116.07, 
  1.27  subdivision 2a, is amended to read: 
  1.28     Subd. 2a.  [EXEMPTIONS FROM STANDARDS.] No standards 
  1.29  adopted by any state agency for limiting levels of noise in 
  1.30  terms of sound pressure which may occur in the outdoor 
  1.31  atmosphere shall apply to (1) segments of trunk highways 
  1.32  constructed with federal interstate substitution money, provided 
  1.33  that all reasonably available noise mitigation measures are 
  1.34  employed to abate noise, (2) an existing or newly constructed 
  1.35  segment of a highway, provided that all reasonably available 
  2.1   noise mitigation measures, as approved by the commissioners of 
  2.2   the department of transportation and pollution control agency, 
  2.3   are employed to abate noise, (3) except for cities of the first 
  2.4   class, roadways for which full control of access has been 
  2.5   acquired, an existing or newly constructed segment of a road, 
  2.6   street, or highway under the jurisdiction of a road authority of 
  2.7   a town, statutory or home rule charter city, or county, (4) 
  2.8   skeet, trap or shooting sports clubs, or (4) (5) motor vehicle 
  2.9   race events conducted at a facility specifically designed for 
  2.10  that purpose that was in operation on or before July 1, 1983.  
  2.11  Nothing herein shall prohibit a local unit of government or a 
  2.12  public corporation with the power to make rules for the 
  2.13  government of its real property from regulating the location and 
  2.14  operation of skeet, trap or shooting sports clubs, or motor 
  2.15  vehicle race events conducted at a facility specifically 
  2.16  designed for that purpose that was in operation on or before 
  2.17  July 1, 1983. 
  2.18     Sec. 2.  Minnesota Statutes 1996, section 160.292, 
  2.19  subdivision 5, is amended to read: 
  2.20     Subd. 5.  [NONFREEWAY TRUNK HIGHWAY.] "Nonfreeway trunk 
  2.21  highway" means all (1) roadways that are not designated freeways 
  2.22  and that have crossing traffic at grade intersections and (2) 
  2.23  bypasses of outstate municipalities that have interchanges at 
  2.24  intersections of trunk highways with local roads or with other 
  2.25  trunk highways. 
  2.26     Sec. 3.  Minnesota Statutes 1996, section 169.01, 
  2.27  subdivision 81, is amended to read: 
  2.28     Subd. 81.  [RESIDENTIAL ROADWAY.] Residential roadway means 
  2.29  a street or portion of a street that is less than one-quarter 
  2.30  mile in length and is functionally classified by the 
  2.31  commissioner of transportation as a local street by the road 
  2.32  authority having jurisdiction. 
  2.33     Sec. 4.  Minnesota Statutes 1996, section 169.01, is 
  2.34  amended by adding a subdivision to read: 
  2.35     Subd. 84.  [DAYTIME.] For purposes of regulating the 
  2.36  operation of a motor vehicle, "daytime" means the time from 
  3.1   one-half hour before sunrise to one-half hour after sunset. 
  3.2      Sec. 5.  Minnesota Statutes 1996, section 169.01, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 85.  [NIGHTTIME.] For purposes of regulating the 
  3.5   operation of a motor vehicle, "nighttime" means the time from 
  3.6   one-half hour after sunset to one-half hour before sunrise. 
  3.7      Sec. 6.  Minnesota Statutes 1996, section 169.14, 
  3.8   subdivision 2, is amended to read: 
  3.9      Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
  3.10  exists the following speeds shall be lawful, but any speeds in 
  3.11  excess of such limits shall be prima facie evidence that the 
  3.12  speed is not reasonable or prudent and that it is unlawful; 
  3.13  except that the speed limit within any municipality shall be a 
  3.14  maximum limit and any speed in excess thereof shall be unlawful: 
  3.15     (1) 30 miles per hour in an urban district; 
  3.16     (2) 65 70 miles per hour on freeways and expressways, as 
  3.17  defined in section 160.02, subdivision 16, outside the limits of 
  3.18  any urbanized area with a population of greater than 50,000 as 
  3.19  defined by order of the commissioner of transportation; 
  3.20     (3) 65 miles per hour on freeways and expressways, as 
  3.21  defined in section 160.02, subdivision 16, within the limits of 
  3.22  any urbanized area with a population of greater than 50,000 as 
  3.23  defined by order of the commissioner of transportation, except 
  3.24  for I-35E between I-94 and West 7th Street, where the speed 
  3.25  limit shall be 45 miles per hour; 
  3.26     (4) 55 miles per hour in locations other than those 
  3.27  specified in this section; 
  3.28     (4) (5) ten miles per hour in alleys; and 
  3.29     (5) (6) 25 miles per hour in residential roadways if 
  3.30  adopted by the road authority having jurisdiction over the 
  3.31  residential roadway.  
  3.32     (b) A speed limit adopted under paragraph (a), 
  3.33  clause (5) (6), is not effective unless the road authority has 
  3.34  erected signs designating the speed limit and indicating the 
  3.35  beginning and end of the residential roadway on which the speed 
  3.36  limit applies. 
  4.1      Sec. 7.  Minnesota Statutes 1996, section 169.14, 
  4.2   subdivision 3, is amended to read: 
  4.3      Subd. 3.  [REDUCED SPEED REQUIRED.] (a) The driver of any 
  4.4   vehicle shall, consistent with the requirements, drive at an 
  4.5   appropriate reduced speed when approaching or passing an 
  4.6   authorized emergency vehicle stopped with emergency lights 
  4.7   flashing on any street or highway, when approaching and crossing 
  4.8   an intersection or railway grade crossing, when approaching and 
  4.9   going around a curve, when approaching a hill crest, when 
  4.10  traveling upon any narrow or winding roadway, and when special 
  4.11  hazards exist with respect to pedestrians or other traffic or by 
  4.12  reason of weather or highway conditions.  
  4.13     (b) A person who fails to reduce speed appropriately when 
  4.14  approaching or passing an authorized emergency vehicle stopped 
  4.15  with emergency lights flashing on a street or highway shall be 
  4.16  assessed an additional surcharge equal to the amount of the fine 
  4.17  imposed for the speed violation, but not less than $25. 
  4.18     Sec. 8.  Minnesota Statutes 1996, section 169.14, 
  4.19  subdivision 5d, is amended to read: 
  4.20     Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
  4.21  commissioner, on trunk highways and temporary trunk highways, 
  4.22  and local authorities, on streets and highways under their 
  4.23  jurisdiction, may authorize the use of reduced maximum speed 
  4.24  limits in highway work zones.  The commissioner or local 
  4.25  authority is not required to conduct an engineering and traffic 
  4.26  investigation before authorizing a reduced speed limit in a 
  4.27  highway work zone. 
  4.28     (b) The minimum highway work zone speed limit is 20 miles 
  4.29  per hour.  The work zone speed limit must not reduce the 
  4.30  established speed limit on the affected street or highway by 
  4.31  more than 15 miles per hour, except that the highway work zone 
  4.32  speed limit shall not exceed 40 miles per hour.  Highway work 
  4.33  zone speed limits are effective on erection of appropriate 
  4.34  regulatory speed limit signs.  The signs must be removed or 
  4.35  covered when they are not required.  A speed greater than the 
  4.36  posted highway work zone speed limit is unlawful.  
  5.1      (c) For purposes of this subdivision, "highway work zone" 
  5.2   means a segment of highway or street where a road authority or 
  5.3   its agent is constructing, reconstructing, or maintaining the 
  5.4   physical structure of the roadway, its shoulders, or features 
  5.5   adjacent to the roadway, including underground and overhead 
  5.6   utilities and highway appurtenances. 
  5.7      (d) Notwithstanding section 609.0331 or 609.101 or other 
  5.8   law to the contrary, a person who violates a speed limit 
  5.9   established under paragraph (b), or who violates any other 
  5.10  provision of this section or section 169.141 while in a highway 
  5.11  work zone, is assessed an additional surcharge equal to the 
  5.12  amount of the fine imposed for the speed violation, but not less 
  5.13  than $25. 
  5.14     Sec. 9.  Minnesota Statutes 1996, section 169.17, is 
  5.15  amended to read: 
  5.16     169.17 [EMERGENCY VEHICLES.] 
  5.17     The speed limitations set forth in sections 169.14 to 
  5.18  169.17 do not apply to an authorized emergency vehicles when 
  5.19  vehicle responding to an emergency calls call, but the drivers 
  5.20  thereof its driver shall sound an audible signal by siren and 
  5.21  or display at least one lighted red light to the front.  This 
  5.22  provision does not relieve the driver of an authorized emergency 
  5.23  vehicle from the duty to drive with due regard for the safety of 
  5.24  persons using the street, nor does it protect the driver of an 
  5.25  authorized emergency vehicle from the consequence of a reckless 
  5.26  disregard of the safety of others. 
  5.27     Sec. 10.  Minnesota Statutes 1996, section 174.23, is 
  5.28  amended by adding a subdivision to read: 
  5.29     Subd. 9.  [COST REIMBURSEMENT POLICIES.] The commissioner 
  5.30  of transportation shall establish reimbursement policies based 
  5.31  on the cost principles of the federal acquisition regulations to 
  5.32  determine the reasonableness and allowability of various costs, 
  5.33  including overhead factors, direct salary costs, and other costs 
  5.34  of design and consultant contracts. 
  5.35     Sec. 11.  Minnesota Statutes 1996, section 473.894, 
  5.36  subdivision 3, is amended to read: 
  6.1      Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
  6.2   adoption of the regionwide public safety radio system 
  6.3   communication plan the commissioner of transportation, on behalf 
  6.4   of the state of Minnesota, shall use the plan adopted by the 
  6.5   board under subdivision 2 to submit an extended implementation 
  6.6   application to the Federal Communications Commission (FCC) for 
  6.7   the NPSPAC channels and other public safety frequencies 
  6.8   available for use in the metropolitan area and necessary to 
  6.9   implement the plan.  Local governments and all other public or 
  6.10  private entities eligible under part 90 of the FCC rules shall 
  6.11  not apply for public safety channels in the 821 to 824 and 866 
  6.12  to 869 megahertz bands for use within the metropolitan counties 
  6.13  until the FCC takes final action on the regional application 
  6.14  submitted under this section.  Exceptions to the restrictions on 
  6.15  the application for the NPSPAC channels may be granted by the 
  6.16  radio board.  The Minnesota department of transportation shall 
  6.17  hold the master system licenses for all public safety 
  6.18  frequencies assigned to the metropolitan area issued by the FCC 
  6.19  first phase under the board's plan and these channels shall be 
  6.20  used for the implementation of the plan.  Local governments and 
  6.21  other public and private entities eligible under part 90 of the 
  6.22  FCC rules may apply to the FCC as colicensees for subscriber 
  6.23  equipment and those portions of the network infrastructure owned 
  6.24  by them.  Application for colicensing under this section shall 
  6.25  require the concurrence of the radio board.  The radio board 
  6.26  shall hold the master system licenses for the public safety 
  6.27  frequencies assigned to local government subsystems under the 
  6.28  board's plan and these channels shall be used for implementation 
  6.29  of the plan.  Upon approval by the board of a local government's 
  6.30  subsystem plan and evidence of a signed contract with a vendor 
  6.31  for construction of a subsystem consistent with the board's 
  6.32  system plan, the board shall apply to the FCC to transfer to the 
  6.33  local government the licenses for the public safety frequencies 
  6.34  assigned by the plan for use in the network infrastructure owned 
  6.35  by the local government.  The radio board, the Minnesota 
  6.36  department of transportation, and local subsystem owners shall 
  7.1   jointly colicense all subscriber equipment for the backbone 
  7.2   system. 
  7.3      Sec. 12.  [HIGHWAY ACCESS MANAGEMENT POLICY STUDY.] 
  7.4      The commissioner of transportation shall gather information 
  7.5   and consult with public officials of towns, cities, counties, 
  7.6   and other political subdivisions to consider views and proposals 
  7.7   for establishing a comprehensive, statewide highway access 
  7.8   management policy.  The commissioner shall make findings and 
  7.9   prepare a report to the legislature, with recommendations, 
  7.10  covering a wide range of interrelated land use, engineering, and 
  7.11  legal procedures and planning designed to maximize the 
  7.12  operational efficiency and safety of all functional categories 
  7.13  of roadways.  The commissioner of transportation shall submit 
  7.14  the report to the legislature by January 15, 1999. 
  7.15     Sec. 13.  [REPEALER.] 
  7.16     Minnesota Statutes 1996, section 169.14, subdivision 4a, is 
  7.17  repealed. 
  7.18     Minnesota Rules, parts 8840.0100; 8840.0200; 8840.0300; 
  7.19  8840.0400; 8840.0500; 8840.0600; 8840.0700; 8840.0800; 
  7.20  8840.0900; 8840.1000; 8840.1100; 8840.1200; and 8840.1300, are 
  7.21  repealed. 
  7.22     Sec. 14.  [APPLICATION.] 
  7.23     Section 11 applies in Anoka, Carver, Dakota, Hennepin, 
  7.24  Ramsey, Scott, and Washington counties. 
  7.25     Sec. 15.  [EFFECTIVE DATE.] 
  7.26     Sections 1 to 14 are effective the day following final 
  7.27  enactment.