3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; modifying provisions 1.3 relating to highway information signs; transferring, 1.4 discontinuing, or changing description of portions of 1.5 certain trunk highways; authorizing commissioner of 1.6 transportation to set certain highway construction 1.7 contract conditions in taconite tax relief areas; 1.8 allowing commissioner of transportation to convey 1.9 interest in certain land to property owners; modifying 1.10 provisions for speed limits in highway work zones; 1.11 modifying seasonal highway weight limitations; 1.12 transferring responsibilities from transportation 1.13 regulation board to commissioner of transportation; 1.14 making technical and clarifying changes; repealing 1.15 obsolete or invalid provisions; amending Minnesota 1.16 Statutes 2000, sections 160.292, subdivision 10; 1.17 161.114; 161.115, subdivisions 36, 48, by adding a 1.18 subdivision; 161.24, subdivision 4; 161.442; 169.14, 1.19 subdivision 5d; 169.825, subdivision 11; 174.02, 1.20 subdivisions 4, 5; 174.10, subdivisions 1, 3, 4; 1.21 174A.02, subdivisions 1, 2, 4; 174A.04; 174A.06; 1.22 218.031, subdivision 2; 218.041, subdivisions 4, 5, 6; 1.23 219.074, subdivision 2; 219.402; 222.632; proposing 1.24 coding for new law in Minnesota Statutes, chapter 161; 1.25 repealing Minnesota Statutes 2000, sections 174A.01; 1.26 174A.02, subdivision 5; 174A.03; 174A.05; 219.558; 1.27 219.559; 219.56; 219.681; 219.69; 219.691; 219.692; 1.28 219.695; 219.70; 219.71; 219.741; 219.743; 219.751; 1.29 219.755; 219.85; 219.88; 219.97, subdivisions 6, 7, 1.30 10; 222.633. 1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.32 Section 1. Minnesota Statutes 2000, section 160.292, 1.33 subdivision 10, is amended to read: 1.34 Subd. 10. [SPECIFIC SERVICE.] "Specific service" means 1.35 restaurants; rural agricultural or tourist-oriented businesses; 1.36 places of worship; gasoline service stations and other retail 1.37 motor fuel businesses; and motels, resorts, or recreational 1.38 camping areas that provide sleeping accommodations for the 2.1 traveling public. "Tourist-oriented business" means a business, 2.2 service, or activity that receives the major portion of its 2.3 income or visitors during the normal business season from 2.4 motorists not residing in the immediate area of the business or 2.5 activity. "Tourist-oriented business" includes, but is not 2.6 limited to: (1) a greenhouse or nursery, (2) a bait and tackle 2.7 shop, (3) a marina, and (4) a gift or antique shop. "Rural 2.8 agricultural business" includes but is not limited to: (1) a 2.9 grain-handling facility; (2) a business providing care and 2.10 well-being to animals; and (3) the sale of feed or seed. 2.11 Sec. 2. Minnesota Statutes 2000, section 161.114, is 2.12 amended to read: 2.13 161.114 [CONSTITUTIONAL TRUNK HIGHWAYS.] 2.14 Subdivision 1. [DESIGNATION.] The trunk highway routes, 2.15 numbered 1 through 70, as described in the constitutional 2.16 amendment adopted November 2, 1920, are designated as the 2.17 constitutional routes of the trunk highway system. 2.18 Subd. 2. [DESCRIPTIONS.] The constitutional routes are 2.19 described as follows: 2.20 Route No. 1. Beginning at a point on the boundary line 2.21 between the states of Minnesota and Iowa, southeasterly at 2.22 Albert Lea and thence extending in a northwesterly direction to 2.23 a point in Albert Lea and thence extending in a northerly 2.24 direction to a point and on the southerly limits of the city of 2.25 St. Paul and then beginning at a point on the northerly limits 2.26 of the city of St. Paul and thence extending in a northerly 2.27 direction to a point on the westerly limits of the city of 2.28 Duluth and then beginning at a point on the northerly limits of 2.29 the city of Duluth and thence extending in a northeasterly 2.30 direction to a point on the boundary line between the state of 2.31 Minnesota and the province of Ontario, affording Albert Lea, 2.32 Owatonna, Faribault, Northfield, Farmington, St. Paul, White 2.33 Bear, Forest Lake, Wyoming, Rush City, Pine City, Hinckley, 2.34 Sandstone, Moose Lake, Carlton, Duluth, Two Harbors, Grand 2.35 Marais and intervening and adjacent communities a reasonable 2.36 means of communication, each with the other and other places 3.1 within the state. 3.2 Route No. 2. Beginning at a point on Route No. 1 on the 3.3 westerly limits of the city of Duluth and thence extending in a 3.4 southwesterly direction along said Route No. 1 to a point on 3.5 said route at Carlton and thence extending in a westerly 3.6 direction to a point on the east bank of the Red River of the 3.7 North at Moorhead, affording Duluth, Carlton, McGregor, Aitkin, 3.8 Brainerd, Motley, Staples, Wadena, Detroit, Moorhead and 3.9 intervening and adjacent communities a reasonable means of 3.10 communication, each with the other and other places within the 3.11 state. 3.12 Route No. 3. Beginning at a point on the boundary line 3.13 between the states of Minnesota and Wisconsin, westerly of La 3.14 Crosse, Wisconsin, and thence extending in a northwesterly 3.15 direction to a point on the easterly limits of the city of St. 3.16 Paul and then beginning at a point on the westerly limits of the 3.17 city of Minneapolis and thence extending in a northwesterly 3.18 direction to a point on the east bank of the Red River of the 3.19 North at Breckenridge, affording La Crescent, Winona, Kellogg, 3.20 Wabasha, Lake City, Red Wing, Hastings, St. Paul, Minneapolis, 3.21 Osseo, Champlin, Anoka, Elk River, Big Lake, St. Cloud, Albany, 3.22 Sauk Centre, Alexandria, Elbow Lake, Fergus Falls, Breckenridge 3.23 and intervening and adjacent communities a reasonable means of 3.24 communication, each with the other and other places within the 3.25 state. 3.26 Route No. 4. Beginning at a point on the boundary line 3.27 between the states of Minnesota and Iowa, southwesterly of 3.28 Jackson and thence extending in a northerly direction to a point 3.29 on Route No. 3, southeasterly of Sauk Centre and thence 3.30 extending in a northwesterly direction along said Route No. 3 to 3.31 a point on said route at Sauk Centre and thence extending in a 3.32 northerly direction to a point at International Falls, affording 3.33 Jackson, Windom, Sanborn, Redwood Falls, Morton, Olivia, 3.34 Willmar, Paynesville, Sauk Centre, Long Prairie, Wadena, Park 3.35 Rapids, Itasca State Park, Bemidji, International Falls and 3.36 intervening and adjacent communities a reasonable means of 4.1 communication, each with the other and other places within the 4.2 state. 4.3 Route No. 5. Beginning at a point on the boundary line 4.4 between the states of Minnesota and Iowa, southerly of Blue 4.5 Earth and thence extending in a northeasterly direction to a 4.6 point on the southerly limits of the city of Minneapolis and 4.7 then beginning at a point on the northerly limits of the city of 4.8 Minneapolis and thence extending in a northerly direction to a 4.9 point in Swan River on Route No. 8, hereinafter described, 4.10 affording Blue Earth, Winnebago, Mankato, St. Peter, Le Sueur, 4.11 Jordan, Shakopee, Minneapolis, Cambridge, Mora, McGregor, Swan 4.12 River and intervening and adjacent communities a reasonable 4.13 means of communication, each with the other and other places 4.14 within the state. 4.15 Route No. 6. Beginning at a point on the boundary line 4.16 between the states of Minnesota and Iowa, southerly of Ash 4.17 Creek, and thence extending in a northerly direction to a point 4.18 on the boundary line between the state of Minnesota and the 4.19 province of Manitoba, near St. Vincent, affording Luverne, 4.20 Pipestone, Lake Benton, Ivanhoe, Canby, Madison, Bellingham, 4.21 Odessa, Ortonville, Graceville, Dumont, Wheaton, Breckenridge, 4.22 Moorhead, Kragnes, Georgetown, Perley, Hendrum, Ada, Crookston, 4.23 Warren, Donaldson, Hallock and intervening and adjacent 4.24 communities a reasonable means of communication, each with the 4.25 other and other places within the state. 4.26 Route No. 7. Beginning at a point on Route No. 3 at Winona 4.27 and thence extending in a westerly direction to a point on the 4.28 boundary line between the states of Minnesota and South Dakota, 4.29 westerly of Lake Benton, affording Winona, St. Charles, 4.30 Rochester, Kasson, Dodge Center, Claremont, Owatonna, Waseca, 4.31 Mankato, St. Peter, New Ulm, Springfield, Tracy, Lake Benton and 4.32 intervening and adjacent communities a reasonable means of 4.33 communication, each with the other and other places within the 4.34 state. 4.35 Route No. 8. Beginning at a point on the westerly limits 4.36 of the city of Duluth and thence extending in a northwesterly 5.1 direction to a point on Route No. 6 near Crookston and thence 5.2 extending in a westerly and northerly direction along said Route 5.3 No. 6 to a point on said route northerly of Crookston and thence 5.4 extending in a northwesterly direction to a point on the east 5.5 bank of the Red River of the North at East Grand Forks, 5.6 affording Duluth, Floodwood, Swan River, Grand Rapids, Cass 5.7 Lake, Bemidji, Bagley, Erskine, Crookston, East Grand Forks and 5.8 intervening and adjacent communities a reasonable means of 5.9 communication, each with the other and other places within the 5.10 state. 5.11 Route No. 9. Beginning at a point on Route No. 3 at La 5.12 Crescent and thence extending in a westerly direction to a point 5.13 on the boundary line between the states of Minnesota and South 5.14 Dakota southwesterly of Beaver Creek, affording La Crescent, 5.15 Hokah, Houston, Rushford, Lanesboro, Preston, Fountain, Spring 5.16 Valley, Austin, Albert Lea, Blue Earth, Fairmont, Jackson, 5.17 Worthington, Luverne and intervening and adjacent communities a 5.18 reasonable means of communication, each with the other and other 5.19 places within the state. 5.20 Route No. 10. Beginning at a point on the westerly limits 5.21 of the city of Minneapolis and thence extending in a 5.22 northwesterly direction to a point on Route No. 6 at or near 5.23 Wheaton, affording Minneapolis, Montrose, Cokato, Litchfield, 5.24 Willmar, Benson, Morris, Herman, Wheaton and intervening and 5.25 adjacent communities a reasonable means of communication, each 5.26 with the other and other places within the state. 5.27 Route No. 11. Beginning at a point on Route No. 8 at the 5.28 westerly limits of the city of Duluth and thence extending in a 5.29 northwesterly and northerly direction to a point on Route No. 4 5.30 at International Falls and thence extending in a southwesterly 5.31 direction along said Route No. 4 to a point on said route 5.32 southwesterly of International Falls and thence extending in a 5.33 westerly direction to a point on Route No. 6 at Donaldson, 5.34 affording Duluth, Eveleth, Virginia, Cook, Orr, Cussons, 5.35 International Falls, Baudette, Warroad, Roseau, Greenbush, 5.36 Donaldson and intervening and adjacent communities a reasonable 6.1 means of communication, each with the other and other places 6.2 within the state. 6.3 Route No. 12. Beginning at a point on the west bank of the 6.4 St. Croix River near Hudson, Wisconsin and thence extending in a 6.5 westerly direction to a point on the easterly limits of the city 6.6 of St. Paul and then beginning at a point on the westerly limits 6.7 of the city of Minneapolis and thence extending in a westerly 6.8 direction to a point on Route No. 6 at Madison, affording St. 6.9 Paul, Minneapolis, Hopkins, Norwood, Glencoe, Olivia, Granite 6.10 Falls, Montevideo, Dawson, Madison and intervening and adjacent 6.11 communities a reasonable means of communication, each with the 6.12 other and other places within the state. 6.13 Route No. 13. Beginning at a point on Route No. 9 at 6.14 Albert Lea and thence extending in a northerly direction to a 6.15 point on Route No. 5 at Jordan affording Albert Lea, Waseca, 6.16 Waterville, Montgomery, New Prague, Jordan and intervening and 6.17 adjacent communities a reasonable means of communication, each 6.18 with the other and other places within the state. 6.19 Route No. 14. Beginning at a point on Route No. 6 at 6.20 Ivanhoe and thence extending in an easterly direction to a point 6.21 on Route No. 4 at Redwood Falls and thence extending in an 6.22 easterly direction along said Route No. 4 to a point on said 6.23 route at Morton and thence extending in an easterly direction to 6.24 a point on Route No. 22, hereinafter described, at Gaylord 6.25 affording Ivanhoe, Marshall, Redwood Falls, Morton, Winthrop, 6.26 Gaylord and intervening and adjacent communities a reasonable 6.27 means of communication, each with the other and other places 6.28 within the state. 6.29 Route No. 15. Beginning at a point on the boundary line 6.30 between the states of Minnesota and Iowa southerly of Fairmont 6.31 and thence extending in a northerly direction to a point on 6.32 Route No. 14 at Winthrop, affording Fairmont, Madelia, New Ulm, 6.33 Winthrop and intervening and adjacent communities a reasonable 6.34 means of communication each with the other and other places 6.35 within the state. 6.36 Route No. 16. Beginning at a point on Route No. 5 7.1 southwesterly of Mankato and thence extending westerly to a 7.2 point on Route No. 15 at Madelia and thence extending in a 7.3 southerly direction along said Route No. 15 to a point on said 7.4 route southerly of Madelia and thence extending in a westerly 7.5 direction to a point on Route No. 4 northerly of Windom and 7.6 thence extending in a southerly direction along said Route No. 4 7.7 to a point on said route at Windom and thence extending in a 7.8 westerly direction to a point at Fulda and thence extending in a 7.9 southerly direction to a point on Route No. 9 at Worthington, 7.10 affording Mankato, Madelia, St. James, Windom, Fulda, 7.11 Worthington and intervening and adjacent communities a 7.12 reasonable means of communication, each with the other and other 7.13 places within the state. 7.14 Route No. 17. Beginning at a point on Route No. 16 at 7.15 Fulda and thence extending in a northerly direction to a point 7.16 on Route No. 12 at Granite Falls, affording Fulda, Slayton, 7.17 Garvin, Marshall, Granite Falls and intervening and adjacent 7.18 communities a reasonable means of communication, each with the 7.19 other and other places within the state. 7.20 Route No. 18. Beginning at a point on Route No. 3 at Elk 7.21 River and thence extending in a northerly direction to a point 7.22 on Route No. 2 easterly of Brainerd, affording Elk River, 7.23 Princeton, Milaca, Onamia and intervening and adjacent 7.24 communities a reasonable means of communication, each with the 7.25 other and other places within the state. 7.26 Route No. 19. Beginning at a point on Route No. 2 at 7.27 Brainerd and thence extending in a northwesterly direction to a 7.28 point on Route No. 8 at Cass Lake, affording Brainerd, Pine 7.29 River, Walker, Cass Lake and intervening and adjacent 7.30 communities a reasonable means of communication, each with the 7.31 other and other places within the state. 7.32 Route No. 20. Beginning at a point on the boundary line 7.33 between the states of Minnesota and Iowa near Canton and thence 7.34 extending in a northwesterly direction to a point on Route No. 9 7.35 at or near Preston and thence extending in a northwesterly 7.36 direction along said Route No. 9 to a point on said route at 8.1 Fountain and thence extending in a northwesterly direction to a 8.2 point on Route No. 3 in the town of Douglas, Dakota county (T. 8.3 113, R. 17 W.) affording Canton, Harmony, Preston, Fountain, 8.4 Chatfield, Oronoco, Pine Island, Zumbrota, Cannon Falls and 8.5 intervening and adjacent communities a reasonable means of 8.6 communication, each with the other and other places within the 8.7 state. 8.8 Route No. 21. Beginning at a point on Route No. 20 at 8.9 Zumbrota and thence extending in a westerly direction to a point 8.10 on Route No. 5 at St. Peter, affording Zumbrota, Kenyon, 8.11 Faribault, Le Sueur Center, Cleveland, St. Peter and intervening 8.12 and adjacent communities a reasonable means of communication, 8.13 each with the other and other places within the state. 8.14 Route No. 22. Beginning at a point on Route No. 5 at St. 8.15 Peter and thence extending in a northwesterly direction to a 8.16 point on Route No. 4 at Paynesville, affording St. Peter, 8.17 Gaylord, Glencoe, Hutchinson, Litchfield, Paynesville and 8.18 intervening and adjacent communities a reasonable means of 8.19 communication, each with the other and other places within the 8.20 state. 8.21 Route No. 23. Beginning at a point on Route No. 4 at 8.22 Paynesville and thence extending in a northeasterly direction 8.23 through the village of Richmond, Coldspring, Rockville and Waite 8.24 Park to a point on Route No. 3 westerly of St. Cloud, and thence 8.25 extending in a northeasterly direction to a point on Route No. 5 8.26 southerly of Mora, and thence extending in a northerly direction 8.27 along said Route No. 5 to a point on said route at Mora, and 8.28 thence extending in an easterly direction to a point on Route 8.29 No. 1 southerly of Hinckley, affording Paynesville, St. Cloud, 8.30 Foley, Milaca, Ogilvie, Mora and intervening and adjacent 8.31 communities a reasonable means of communication, each with the 8.32 other and other places within the state. 8.33 Route No. 24. Beginning at a point on Route No. 10 at 8.34 Litchfield and thence extending in a northeasterly direction to 8.35 a point on Route No. 3 at St. Cloud, affording Litchfield, St. 8.36 Cloud and intervening and adjacent communities a reasonable 9.1 means of communication, each with the other and other places 9.2 within the state. 9.3 Route No. 25. Beginning at a point on Route No. 5 at or 9.4 near Belle Plaine and thence extending in a northerly direction 9.5 to a point on Route No. 3 at Big Lake, affording Belle Plaine, 9.6 Norwood, Watertown, Montrose, Buffalo, Monticello, Big Lake and 9.7 intervening and adjacent communities a reasonable means of 9.8 communication, each with the other and other places within the 9.9 state. 9.10 Route No. 26. Beginning at a point on Route No. 10 at 9.11 Benson and thence extending in a westerly direction to a point 9.12 on Route No. 6 near Ortonville, affording Benson, Ortonville and 9.13 intervening and adjacent communities a reasonable means of 9.14 communication, each with the other and other places within the 9.15 state. 9.16 Route No. 27. Beginning at a point on Route No. 3 at St. 9.17 Cloud and thence extending in a northerly direction to a point 9.18 on Route No. 2 at Brainerd, affording St. Cloud, Sauk Rapids, 9.19 Royalton, Little Falls, Brainerd and intervening and adjacent 9.20 communities a reasonable means of communication, each with the 9.21 other and other places within the state. 9.22 Route No. 28. Beginning at a point on Route No. 27 at 9.23 Little Falls and thence extending in a southwesterly direction 9.24 to a point on the boundary line between the states of Minnesota 9.25 and South Dakota at Browns Valley, affording Little Falls, Sauk 9.26 Centre, Glenwood, Starbuck, Morris, Graceville, Browns Valley 9.27 and intervening and adjacent communities a reasonable means of 9.28 communication, each with the other and other places within the 9.29 state. 9.30 Route No. 29. Beginning at a point on Route No. 28 at 9.31 Glenwood and thence extending in a northerly direction to a 9.32 point on Route No. 2 westerly of Wadena affording Glenwood, 9.33 Alexandria, Parkers Prairie, Deer Creek and intervening and 9.34 adjacent communities a reasonable means of communication, each 9.35 with the other and other places within the state. 9.36 Route No. 30. Beginning at a point on Route No. 3 at 10.1 Fergus Falls, and thence extending in a northerly direction to a 10.2 point on Route No. 8 at Erskine, affording Fergus Falls, Pelican 10.3 Rapids, Detroit, Mahnomen, Erskine and intervening and adjacent 10.4 communities a reasonable means of communication, each with the 10.5 other and other places within the state. 10.6 Route No. 31. Beginning at a point on Route No. 6 at Ada, 10.7 and thence extending in an easterly direction to a point on 10.8 Route No. 30 near Mahnomen, affording Ada, Mahnomen and 10.9 intervening and adjacent communities a reasonable means of 10.10 communication, each with the other and other places within the 10.11 state. 10.12 Route No. 32. Beginning at a point on Route No. 8 easterly 10.13 of Crookston and thence extending in a northerly direction to a 10.14 point on Route No. 11 at Greenbush, affording Red Lake Falls, 10.15 Thief River Falls, Middle River, Greenbush and intervening and 10.16 adjacent communities a reasonable means of communication, each 10.17 with the other and other places within the state. 10.18 Route No. 33. Beginning at a point on Route No. 32 at 10.19 Thief River Falls and thence extending in a northwesterly 10.20 direction to a point on Route No. 6 at Warren, affording Thief 10.21 River Falls, Warren and intervening and adjacent communities a 10.22 reasonable means of communication, each with the other and other 10.23 places within the state. 10.24 Route No. 34. Beginning at a point on Route No. 2 at 10.25 Detroit and thence extending in a northeasterly direction to a 10.26 point on Route No. 8 westerly of Grand Rapids, affording 10.27 Detroit, Park Rapids, Walker, Remer, Grand Rapids and 10.28 intervening and adjacent communities a reasonable means of 10.29 communication, each with the other and other places within the 10.30 state. 10.31 Route No. 35. Beginning at a point on Route No. 18 near 10.32 Mille Lacs Lake and thence extending in a northerly direction to 10.33 a point at Grand Rapids and thence extending in a northeasterly 10.34 direction to a point at Ely, affording Aitkin, Grand Rapids, 10.35 Hibbing, Chisholm, Buhl, Mountain Iron, Virginia, Gilbert, 10.36 McKinley, Biwabik, Aurora, Tower, and Ely and intervening and 11.1 adjacent communities a reasonable means of communication, each 11.2 with the other and other places within the state. 11.3 Route No. 36. Beginning at a point on Route No. 3 at 11.4 Fergus Falls and thence extending in an easterly direction to a 11.5 point on Route No. 29 easterly of Henning, affording Fergus 11.6 Falls, Henning and intervening and adjacent communities a 11.7 reasonable means of communication, each with the other and other 11.8 places within the state. 11.9 Route No. 37. Beginning at a point on Route No. 27 at 11.10 Little Falls and thence extending in a northwesterly direction 11.11 to a point on Route No. 2 at Motley, affording Little Falls, 11.12 Motley and intervening and adjacent communities a reasonable 11.13 means of communication, each with the other and other places 11.14 within the state. 11.15 Route No. 38. Beginning at a point on Route No. 12 at 11.16 Montevideo and thence extending in a northerly direction to a 11.17 point on Route No. 28 at Starbuck, affording Montevideo, Benson, 11.18 Starbuck and intervening and adjacent communities a reasonable 11.19 means of communication, each with the other and other places 11.20 within the state. 11.21 Route No. 39. Beginning at a point on Route No. 7 at 11.22 Mankato and thence extending in a southeasterly direction to a 11.23 point on Route No. 9 westerly of Albert Lea, affording Mankato, 11.24 Mapleton, Minnesota Lake, Wells and intervening and adjacent 11.25 communities a reasonable means of communication, each with the 11.26 other and other places within the state. 11.27 Route No. 40. Beginning at a point on the boundary line 11.28 between the states of Minnesota and Iowa at Lyle and thence 11.29 extending in a northwesterly direction to a point on Route No. 7 11.30 at Owatonna, affording Lyle, Austin, Blooming Prairie, Owatonna 11.31 and intervening and adjacent communities a reasonable means of 11.32 communication, each with the other and other places within the 11.33 state. 11.34 Route No. 41. Beginning at a point on Route No. 40 at or 11.35 near Blooming Prairie and thence extending in an easterly 11.36 direction to a point on Route No. 56, hereinafter described, 12.1 near Hayfield, affording Blooming Prairie, Hayfield and 12.2 intervening and adjacent communities a reasonable means of 12.3 communication, each with the other and other places within the 12.4 state. 12.5 Route No. 42. Beginning at a point on Route No. 7 easterly 12.6 of Rochester and thence extending (1) in a northeasterly 12.7 direction to a point on Route No. 3 at Kellogg, affording 12.8 Rochester, Elgin, Plainview, Kellogg and intervening and 12.9 adjacent communities a reasonable means of communication, each 12.10 with the other and other places within the state and (2) in a 12.11 southerly direction to a point on Route No. 391. 12.12 Route No. 43. Beginning at a point on Route No. 9 at 12.13 Rushford and thence extending in a northeasterly direction to a 12.14 point on Route No. 3 at Winona, affording Rushford, Winona and 12.15 intervening and adjacent communities a reasonable means of 12.16 communication, each with the other and other places within the 12.17 state. 12.18 Route No. 44. Beginning at a point on Route No. 9 at Hokah 12.19 and thence extending in a southwesterly direction to a point on 12.20 Route No. 20 near Canton, affording Hokah, Caledonia, Canton and 12.21 intervening and adjacent communities a reasonable means of 12.22 communication, each with the other and other places within the 12.23 state. 12.24 Route No. 45. Beginning at a point on the west bank of the 12.25 St. Croix River at Stillwater and thence extending in a 12.26 southwesterly direction to a point on the easterly limits of the 12.27 city of St. Paul, affording Stillwater, Lake Elmo, St. Paul and 12.28 intervening and adjacent communities a reasonable means of 12.29 communication, each with the other and other places within the 12.30 state. 12.31 Route No. 46. Beginning at a point on the west bank of the 12.32 St. Croix River at Taylors Falls and thence extending in a 12.33 southwesterly direction to a point on Route No. 1 near Wyoming, 12.34 affording Taylors Falls, Center City, Wyoming and intervening 12.35 and adjacent communities a reasonable means of communication, 12.36 each with the other and other places within the state. 13.1 Route No. 47. Beginning at a point on Route No. 17 at 13.2 Slayton and thence extending in a westerly direction to a point 13.3 on Route No. 6 at Pipestone, affording Slayton, Pipestone and 13.4 intervening and adjacent communities a reasonable means of 13.5 communication, each with the other and other places within the 13.6 state. 13.7 Route No. 48. Beginning at a point on Route No. 17 13.8 westerly of Granite Falls and thence extending in a westerly 13.9 direction to a point on Route No. 6 at Canby, affording Granite 13.10 Falls, Clarkfield, Canby and intervening and adjacent 13.11 communities a reasonable means of communication, each with the 13.12 other and other places within the state. 13.13 Route No. 49. Beginning at a point on Route No. 12 13.14 easterly of Montevideo and thence extending in a northeasterly 13.15 direction to a point on Route No. 4 southerly of Willmar, 13.16 affording Montevideo, Clara City, Willmar and intervening and 13.17 adjacent communities a reasonable means of communication, each 13.18 with the other and other places within the state. 13.19 Route No. 50. Beginning at a point on Route No. 20 at 13.20 Cannon Falls and thence extending in a northwesterly direction 13.21 to a point on the southerly limits of the city of Minneapolis, 13.22 affording Cannon Falls, Farmington, Minneapolis and intervening 13.23 and adjacent communities a reasonable means of communication, 13.24 each with the other and other places within the state. 13.25 Route No. 51. Beginning at a point on Route No. 5 at 13.26 Shakopee and thence extending in a northerly direction to a 13.27 point on Route No. 12 northerly of Shakopee, affording a 13.28 connection between said Route No. 5 and said Route No. 12. 13.29 Route No. 52. Beginning at a point on Route No. 5 south of 13.30 the city of Minneapolis and thence extending in a northeasterly 13.31 direction to a point on the westerly limits of the United States 13.32 Military reservation at Fort Snelling, affording St. Paul and 13.33 adjacent communities a reasonable communication with said Route 13.34 No. 5. 13.35 Route No. 53. Beginning at a point on Route No. 3 at 13.36 Hastings and thence extending in a northwesterly direction to a 14.1 point on the southerly limits of the city of South St. Paul, 14.2 affording Hastings, South St. Paul and intervening and adjacent 14.3 communities a reasonable means of communication, each with the 14.4 other and other places within the state. 14.5 Route No. 54. Beginning at a point on Route No. 3 at Elbow 14.6 Lake and thence extending in a southwesterly direction to a 14.7 point on Route No. 10 at Herman, affording Elbow Lake, Herman 14.8 and intervening and adjacent communities a reasonable means of 14.9 communication, each with the other and other places within the 14.10 state. 14.11 Route No. 55. Beginning at a point on Route No. 2 14.12 northwesterly of Carlton and thence extending in a northerly 14.13 direction to a point in Cloquet, affording Carlton, Cloquet and 14.14 intervening and adjacent communities a reasonable means of 14.15 communication, each with the other and other places within the 14.16 state. 14.17 Route No. 56. Beginning at a point on Route No. 9 easterly 14.18 of Austin and thence extending in a northerly direction to a 14.19 point on Route No. 21 at or near Kenyon, affording Brownsdale, 14.20 Hayfield, Dodge Center, West Concord, Kenyon and intervening and 14.21 adjacent communities a reasonable means of communication, each 14.22 with the other and other places within the state. 14.23 Route No. 57. Beginning at a point in Mantorville and 14.24 extending in a southerly direction to a point on Route No. 7 14.25 southerly of Mantorville, affording Mantorville a reasonable 14.26 means of communication with said Route No. 7. 14.27 Route No. 58. Beginning at a point on Route No. 20 at 14.28 Zumbrota and thence extending in a northeasterly direction to a 14.29 point on Route No. 3 at Red Wing, affording Zumbrota, Red Wing 14.30 and intervening and adjacent communities a reasonable means of 14.31 communication, each with the other and other places within the 14.32 state. 14.33 Route No. 59. Beginning at a point on the boundary line 14.34 between the states of Minnesota and Iowa southerly of Spring 14.35 Valley and thence extending in a northerly direction to a point 14.36 on No. 3 at Lake City, affording Spring Valley, Stewartville, 15.1 Rochester, Zumbrota Falls, Lake City and intervening and 15.2 adjacent communities a reasonable means of communication, each 15.3 with the other and other places within the state. 15.4 Route No. 60. Beginning at a point on Route No. 1 at 15.5 Faribault and thence extending in a southwesterly direction to a 15.6 point on Route No. 7 at or near Madison Lake, affording 15.7 Faribault, Morristown, Waterville, Madison Lake and intervening 15.8 and adjacent communities a reasonable means of communication, 15.9 each with the other and other places within the state. 15.10 Route No. 61. Beginning at a point on Route No. 8 at Deer 15.11 River and thence extending in a northerly direction to a point 15.12 on Route No. 4 at or near Big Falls, affording Deer River, Big 15.13 Falls and intervening and adjacent communities a reasonable 15.14 means of communication, each with the other and other places 15.15 within the state. 15.16 Route No. 62. Beginning at a point on Route No. 3 at Anoka 15.17 and thence extending in a southeasterly direction to a point on 15.18 the northerly limits of the city of St. Paul, affording Anoka, 15.19 St. Paul and intervening and adjacent communities a reasonable 15.20 means of communication, each with the other and other places 15.21 within the state. 15.22 Route No. 63. Beginning at a point on Route No. 1 15.23 southerly of Forest Lake and thence extending in a southwesterly 15.24 direction to a point on the northerly and easterly limits of the 15.25 city of Minneapolis, affording a reasonable means of 15.26 communication between Route No. 1 and Minneapolis. 15.27 Route No. 64. Beginning at a point on Route No. 30 15.28 northerly of Fergus Falls and thence extending in a northerly 15.29 and westerly direction to a point on Route No. 6 southerly of 15.30 Moorhead, affording Fergus Falls, Rothsay, Barnesville, Moorhead 15.31 and intervening and adjacent communities a reasonable means of 15.32 communication, each with the other and other places within the 15.33 state. 15.34 Route No. 65. Beginning at a point on Route No. 8 at 15.35 Bagley, and thence extending in a northerly and westerly 15.36 direction to a point on Route No. 32 southerly of Red Lake 16.1 Falls, affording Bagley, Clearbrook, Gonvick, Gully, Brooks, 16.2 Terrebonne and intervening and adjacent communities a reasonable 16.3 means of communication, each with the other and other places 16.4 within the state. 16.5 Route No. 66. Beginning at a point on Route No. 12 at 16.6 Montevideo and thence extending in a northwesterly direction to 16.7 a point on Route No. 26 northerly of Appleton affording 16.8 Montevideo, Appleton and intervening and adjacent communities a 16.9 reasonable means of communication, each with the other and other 16.10 places within the state. 16.11 Route No. 67. Beginning at a point on Route No. 14 16.12 southerly of Echo and thence extending in a northerly and 16.13 westerly direction to a point on Route No. 17 at or near Granite 16.14 Falls, affording Echo, Granite Falls and intervening and 16.15 adjacent communities a reasonable means of communication, each 16.16 with the other and other places within the state. 16.17 Route No. 68. Beginning at a point on Route No. 14 at 16.18 Marshall and thence extending in a northwesterly direction to a 16.19 point on Route No. 6 near Canby, affording Marshall, Minneota, 16.20 Canby and intervening and adjacent communities a reasonable 16.21 means of communication, each with the other and other places 16.22 within the state. 16.23 Route No. 69. Beginning at a point on Route No. 25 at 16.24 Buffalo and thence extending in a northwesterly direction to a 16.25 point on Route No. 22 southeasterly of Paynesville, affording 16.26 Buffalo, Maple Lake, Annandale, Eden Valley, Paynesville and 16.27 intervening and adjacent communities a reasonable means of 16.28 communication, each with the other and other places within the 16.29 state. 16.30 Route No. 70. Beginning at a point on Route No. 7 westerly 16.31 of New Ulm and thence extending in a northerly direction to a 16.32 point on Route No. 12 at or near the village of Hector, 16.33 affording Fort Ridgely, Fairfax, Hector and intervening and 16.34 adjacent communities a reasonable means of communication, each 16.35 with the other and other places within the state. 16.36 [EFFECTIVE DATE.] This section is effective when the 17.1 transfer of jurisdiction of approximately 3.5 miles of county 17.2 state-aid highway 7 from marked U.S. highway 14 to interstate 17.3 highway I-90 is agreed to by the commissioner of transportation 17.4 and Olmsted county and a copy of the agreement, signed by the 17.5 commissioner and the chair of the Olmsted county board, has been 17.6 filed in the office of the commissioner. 17.7 Sec. 3. Minnesota Statutes 2000, section 161.115, 17.8 subdivision 36, is amended to read: 17.9 Subd. 36. [ROUTE NO. 105.] Beginning ata point on the17.10southerly limits ofWashington avenue in the city of 17.11 Minneapolis, thence extending in a northeasterly direction 17.12 through Minneapolis to a point at the beginning of Route No. 5 17.13 on the northerly limits of the city of Minneapolis. 17.14 [EFFECTIVE DATE.] This section is effective when the 17.15 transfer of jurisdiction of a portion of legislative route No. 17.16 105, from 10th street south to Washington avenue south in 17.17 Minneapolis, is agreed to by the commissioner of transportation 17.18 and the city of Minneapolis and a copy of the agreement, signed 17.19 by the commissioner and the mayor of the city of Minneapolis, 17.20 has been filed in the office of the commissioner. 17.21 Sec. 4. Minnesota Statutes 2000, section 161.115, 17.22 subdivision 48, is amended to read: 17.23 Subd. 48. [ROUTE NO. 117.] Beginning at a point on Route 17.24 No. 100 as herein established easterly of New Prague, thence 17.25 extending in a northeasterly directionand crossing the17.26Mississippi River easterly of the city of South St. Paul, thence 17.27 extending in a northerly direction to a point on Route No.1 at17.28or near White Bear393. 17.29 [EFFECTIVE DATE.] This section is effective when the 17.30 transfer of jurisdiction of a portion of legislative route No. 17.31 117, marked as trunk highway 120, is agreed to by the 17.32 commissioner of transportation and the counties of Ramsey and 17.33 Washington and a copy of the agreement, signed by the 17.34 commissioner and the chair of the Ramsey county board and the 17.35 chair of the Washington county board, has been filed in the 17.36 office of the commissioner. 18.1 Sec. 5. Minnesota Statutes 2000, section 161.115, is 18.2 amended by adding a subdivision to read: 18.3 Subd. 268. [ROUTE NO. 337.] From a point on Route No. 2 in 18.4 the city of Brainerd thence extending southwesterly to its 18.5 intersection with new, marked trunk highway 371 as signed on the 18.6 day following final enactment of this subdivision. 18.7 Sec. 6. Minnesota Statutes 2000, section 161.24, 18.8 subdivision 4, is amended to read: 18.9 Subd. 4. [ACCESS TO ISOLATED PROPERTY.] When the 18.10 establishment, construction, or reconstruction of a trunk 18.11 highway closes off any other highway or street, including a city 18.12streetsstreet, private road, or entrance at the boundary 18.13 ofsuchthe trunk highway, the commissioner may, in mitigation 18.14 of damages,or in the interest of safety and convenient public 18.15 travel, construct a road either withinthe limits of the trunk18.16highway,orwithoutoutside the limits of the trunk highway, 18.17 connecting theclosed offclosed-off highway, street, private 18.18 road, or entrance with another public highway. In determining 18.19 whether to build the road within orwithoutoutside the limits 18.20 of the trunk highway, the commissioner may take into 18.21 consideration economy to the state and local traffic needs. The 18.22 commissioner, in mitigation of damages, may connect theclosed18.23offclosed-off private road with the remaining portion of the 18.24 private road or with another private road. All lands necessary 18.25thereforfor connecting a highway, street, private road, or 18.26 entrance to another public highway or for connecting a 18.27 closed-off private road to the remaining portion of a private 18.28 road or to another private road, may be acquired by purchase, 18.29 gift, or condemnation. Notwithstanding section 161.23, 161.43, 18.30 161.431, or 161.44, the commissioner may convey and quitclaim a 18.31 fee title or easement held or owned by the state in land used to 18.32 construct a road to connect the closed-off highway, street, 18.33 entrance, or private road with another public highway or to 18.34 reconnect the private road to the property served by the road. 18.35 Sec. 7. [161.366] [TRANSPORTATION CONSTRUCTION CONTRACT; 18.36 TACONITE RELIEF AREA.] 19.1 The commissioner of transportation, as a condition of 19.2 awarding a transportation construction contract in the taconite 19.3 tax relief area, may require the contractor to hire a certain 19.4 percentage of workers for that contract whose principal place of 19.5 residence is in the taconite tax relief area. Taconite tax 19.6 relief area means the tax relief area defined in section 273.134. 19.7 Sec. 8. Minnesota Statutes 2000, section 161.442, is 19.8 amended to read: 19.9 161.442 [RECONVEYANCE TO FORMER OWNER.] 19.10 Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 19.11 161.44, or any other statute, the commissioner of 19.12 transportation,at the commissioner's sole discretionwith the 19.13 consent of the owner, may transfer, sell, or convey real 19.14 property including fixtures, and interests in real property 19.15 including easements, to the owner from whom the property was 19.16 acquired by the state for trunk highway purposes through a 19.17 pending eminent domain action. The transfer of title may be by 19.18 stipulation, partial dismissal, bill of sale, or conveyance. 19.19 Any resulting change in the state's acquisition must be 19.20 explained in the final certificate for that action. This 19.21 provision does not confer on a landowner the right to compel a 19.22 reconveyance without the consent of the commissioner. 19.23 Sec. 9. Minnesota Statutes 2000, section 169.14, 19.24 subdivision 5d, is amended to read: 19.25 Subd. 5d. [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The 19.26 commissioner, on trunk highways and temporary trunk highways, 19.27 and local authorities, on streets and highways under their 19.28 jurisdiction, may authorize the use of reduced maximum speed 19.29 limits in highway work zones. The commissioner or local 19.30 authority is not required to conduct an engineering and traffic 19.31 investigation before authorizing a reduced speed limit in a 19.32 highway work zone. 19.33 (b) The minimum highway work zone speed limit is 20 miles 19.34 per hour. The work zone speed limit must not reduce the 19.35 established speed limit on the affected street or highway by 19.36 more than 15 miles per hour, except that the highway work zone 20.1 speed limitshallmust not exceed 40 miles per hour. The 20.2 commissioner or local authority shall post the limits of the 20.3 work zone. Highway work zone speed limits are effective on 20.4 erection of appropriate regulatory speed limit signs. The signs 20.5 must be removed or covered when they are not required. A speed 20.6 greater than the posted highway work zone speed limit is 20.7 unlawful. 20.8 (c) Notwithstanding paragraph (b), on divided highways the 20.9 commissioner or local authority may establish a highway work 20.10 zone speed limit that does not exceed 55 miles per hour. 20.11(c)(d) For purposes of this subdivision, "highway work 20.12 zone" means a segment of highway or street where a road 20.13 authority or its agent is constructing, reconstructing, or 20.14 maintaining the physical structure of the roadway, its 20.15 shoulders, or features adjacent to the roadway, including 20.16 underground and overhead utilities and highway appurtenances, 20.17 when workers are present. 20.18(d)(e) Notwithstanding section 609.0331 or 609.101 or 20.19 other law to the contrary, a person who violates a speed limit 20.20 established under paragraph (b) or (c), or who violates any 20.21 other provision of this section while in a highway work zone, is 20.22 assessed an additional surcharge equal to the amount of the fine 20.23 imposed for the speed violation, but not less than $25. 20.24 Sec. 10. Minnesota Statutes 2000, section 169.825, 20.25 subdivision 11, is amended to read: 20.26 Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The 20.27 limitations provided in this section are increased: 20.28 (1) by ten percentfrom January 1 to March 7between the 20.29 dates set by the commissioner based on a freezing index model 20.30 each winter, statewide; 20.31 (2) by ten percentfrom December 1 through December 3120.32 between the dates set by the commissioner based on a freezing 20.33 index model each winter, in the zone bounded as follows: 20.34 beginning at Pigeon River in the northeast corner of Minnesota; 20.35 thence in a southwesterly direction along the north shore of 20.36 Lake Superior along trunk highway No. 61 to the junction with 21.1 trunk highway No. 210; thence westerly along trunk highway No. 21.2 210 to the junction with trunk highway No. 10; thence 21.3 northwesterly along trunk highway No. 10 to the Minnesota-North 21.4 Dakota border; thence northerly along that border to the 21.5 Minnesota-Canadian Border; thence easterly along said Border to 21.6 Lake Superior; and 21.7 (3) by ten percent from the beginning of harvest to 21.8 November 30 each year for the movement of sugar beets and 21.9 potatoes within an area having a 75-mile radius from the field 21.10 of harvest to the point of the first unloading. The 21.11 commissioner shall not issue permits under this clause if to do 21.12 so will result in a loss of federal highway funding to the state. 21.13 (b) The duration of a ten percent increase in load limits 21.14 is subject to limitation by order of the commissioner, subject 21.15 to implementation of springtime load restrictions, or March 7. 21.16 (c) When the ten percent increase is in effect, a permit is 21.17 required for a motor vehicle, trailer, or semitrailer 21.18 combination that has a gross weight in excess of 80,000 pounds, 21.19 an axle group weight in excess of that prescribed in subdivision 21.20 10, or a single axle weight in excess of 20,000 pounds and which 21.21 travels on interstate routes. 21.22 (d) In cases where gross weights in an amount less than 21.23 that set forth in this section are fixed, limited, or restricted 21.24 on a highway or bridge by or under another section of this 21.25 chapter, the lesser gross weight as fixed, limited, or 21.26 restricted may not be exceeded and must control instead of the 21.27 gross weights set forth in this section. 21.28 (e) Notwithstanding any other provision of this 21.29 subdivision, no vehicle may exceed a total gross vehicle weight 21.30 of 80,000 pounds on routes which have not been designated by the 21.31 commissioner under section 169.832, subdivision 11. 21.32 (f) The commissioner may, after determining the ability of 21.33 the highway structure and frost condition to support additional 21.34 loads, grant a permit extending seasonal increases for vehicles 21.35 using portions of routes falling within two miles of the 21.36 southern boundary of the zone described under paragraph (a), 22.1 clause (2). 22.2 Sec. 11. Minnesota Statutes 2000, section 174.02, 22.3 subdivision 4, is amended to read: 22.4 Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 22.5 The commissioner may appear as a party on behalf of the public 22.6 in any proceeding or matter before theinterstate commerce22.7commission, the civil aeronauticssurface transportation board 22.8 or any other agency or instrumentality of governmentwhichthat 22.9 regulates public services or rates relating to transportation or 22.10 other matters related to the powers and responsibilities of the 22.11 commissioner as prescribed by law. The commissioner shall 22.12 appear as a party on behalf of the public in proceedingsbefore22.13the transportation regulation boardas provided by law on 22.14 matterswhichthat directly relate to the powers and duties of 22.15 the commissioner orwhichsubstantially affect the statewide 22.16 transportation plan.On all other transportation matters the22.17commissioner may appear before the transportation regulation22.18board.22.19 Sec. 12. Minnesota Statutes 2000, section 174.02, 22.20 subdivision 5, is amended to read: 22.21 Subd. 5. [COOPERATION.] To facilitate the development of a 22.22 unified and coordinated intrastate and interstate transportation 22.23 system: 22.24 (1) the commissioner shall maintain close liaison, 22.25 coordination and cooperation with the private sectors of 22.26 transportation, the upper great lakes seaway development 22.27 commission corporation, and any multistate organization involved 22.28 in transportation issues affecting the state; 22.29 (2) the commissioner shall participate in the planning, 22.30 regulation and development of the port authorities of the state; 22.31and22.32 (3) the commissioner or the commissioner's designeeshall22.33beis a nonvoting, ex officiomember of the metropolitan 22.34 airports commission, as organized and established under sections 22.35 473.601 to 473.679.; 22.36 (4) the commissioner shall cooperate with all federal 23.1 agencies for the purpose of harmonizing state rules and federal 23.2 regulations within the state to the extent and in the manner 23.3 deemed advisable; 23.4 (5) the commissioner may conduct joint hearings with any 23.5 federal agency within or outside the state and, to the extent 23.6 allowed under federal law or regulation, may approve and 23.7 establish freight rates and charges that depart from the 23.8 distance principle required by any state law; and 23.9 (6) the commissioner may nominate members to any joint 23.10 board as provided by federal acts. 23.11 Sec. 13. Minnesota Statutes 2000, section 174.10, 23.12 subdivision 1, is amended to read: 23.13 Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The 23.14 commissioner in any contested casebefore the transportation23.15regulation boardthat involves a motor carrier or common carrier 23.16 by rail as a party shall give reasonable notice to 23.17 representatives of associations or other interested groups or 23.18 persons who have registered their names with theboard23.19 commissioner for that purpose, to all parties and to cities and 23.20 municipalitieswhichthat theboardcommissioner deems to be 23.21 interested in the proceeding. The commissioner may prescribe an 23.22 annual feeto be credited to the general fund, which fee shall23.23beas a charge to all registered groups or persons. The fee 23.24 must be credited to the general fund. This charge is to cover 23.25 the out-of-pocket costs involved ingiving suchproviding the 23.26 notice. 23.27 Sec. 14. Minnesota Statutes 2000, section 174.10, 23.28 subdivision 3, is amended to read: 23.29 Subd. 3. [PROSECUTION.] In proceedingswhichthat involve 23.30 ahearing before the transportation regulation boardmotor 23.31 carrier or common carrier by rail as a party, the mattershall23.32 must beinvestigated and prosecuted before the boardheard by 23.33 the commissionerof transportation representing the interests of23.34the people of this stateas authorized by law. 23.35 Sec. 15. Minnesota Statutes 2000, section 174.10, 23.36 subdivision 4, is amended to read: 24.1 Subd. 4. [WHEN BOARD LACKSLACK OF JURISDICTION.] If, in 24.2 any proceedingbefore the transportation regulation board24.3relating to or involving the reasonableness of rates, fares,24.4charges, or classifications,theboardcommissioner decides that 24.5itthe department does not have jurisdictionbecause the traffic24.6covered by the rates, fares, charges, or classifications is24.7interstate commerce, thetransportation regulation24.8boardcommissioner shall issue an order dismissing the 24.9 proceeding and stating the ground of the dismissal, which order24.10may be appealed from in like manner as other appealable orders. 24.11 Sec. 16. Minnesota Statutes 2000, section 174A.02, 24.12 subdivision 1, is amended to read: 24.13 Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] Some of 24.14 the functions of thetransportation regulation board shall be24.15legislative andcommissioner of transportation, related to motor 24.16 carriers and common carriers by rail, are quasi-judicial in 24.17 nature.ItThe commissioner may makesuchinvestigations and 24.18 determinations, holdsuchhearings, prescribesuchrules, and 24.19 issuesuchorders with respect to the control and conduct of the 24.20 carrier businesses coming withinitsthe commissioner's 24.21 jurisdiction asthe legislature itself might make but only as it24.22shall from time to time authorizeauthorized by law. 24.23 Sec. 17. Minnesota Statutes 2000, section 174A.02, 24.24 subdivision 2, is amended to read: 24.25 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] (a) To the 24.26 extent allowed under federal law or regulation, theboard24.27 commissioner shall further hold hearings and issue orders in 24.28 cases broughtbefore it by either the commissioneron the 24.29 commissioner's own motion or by a third party in the following 24.30 areas: 24.31(a)(1) adequacy of serviceswhichthat carriers are 24.32 providing to the public, including the continuation, termination 24.33 or modification of services and facilities.; 24.34(b) The(2) reasonableness of tariffs of rates, fares, and 24.35 charges, or a part or classificationthereofof a tariff; and 24.36 (3) issuing permits. 25.1 (b) For purposes of paragraph (a), clause (2), theboard25.2 commissioner may authorize common carriers by rail and 25.3 motorcarriercarriers for hire to file tariffs of rates, fares, 25.4 and charges individually or by group. Carriers participating in 25.5 group rate making have the free and unrestrained right to take 25.6 independent action either before or after a determination 25.7 arrived at throughsuchthat procedure. 25.8(c) The issuing of franchises, permits, or certificates of25.9convenience and necessity.25.10 Sec. 18. Minnesota Statutes 2000, section 174A.02, 25.11 subdivision 4, is amended to read: 25.12 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 25.13 withinitsthe commissioner's jurisdiction, theboard25.14 commissioner shall receive, hear, and determine all petitions 25.15 filed withitthe commissioner in accordance with the procedures 25.16 established by law and may hold hearings and make determinations 25.17 uponitsthe commissioner's own motion to the same extent, and 25.18 in every instance, in whichitthe commissioner may do so upon 25.19 petition. Upon receiving petitions filed pursuant to sections 25.20 221.121, subdivision 1, 221.151,221.296,and 221.55, theboard25.21 commissioner shall give notice of the filing of the petition to 25.22 representatives of associations or other interested groups or 25.23 persons who have registered their names with theboard25.24 commissioner for that purpose and to whomever theboard25.25 commissioner deems to be interested in the petition. Theboard25.26 commissioner may grant or deny the request of the petition 30 25.27 days after notice of the filing has been fully given. If 25.28 theboardcommissioner receives a written objection and notice 25.29 of intent to appear at a hearing to object to the petition from 25.30 any person within 20 days of the notice having been fully given, 25.31 the request of the petitionshallmust be granted or denied only 25.32 after a contested case hearing has been conducted on the 25.33 petition, unless the objection is withdrawnprior tobefore the 25.34 hearing. Theboardcommissioner may elect to hold a contested 25.35 case hearing if no objections to the petition are received. If 25.36 a timely objection is not received, or if received and 26.1 withdrawn, and the request of the petition is denied without 26.2 hearing, the petitioner may request within 30 days of receiving 26.3 the notice of denial, andshallmust be granted, a contested 26.4 case hearing on the petition. 26.5 Sec. 19. Minnesota Statutes 2000, section 174A.04, is 26.6 amended to read: 26.7 174A.04 [HEARINGS AND APPEALS.] 26.8 Subdivision 1. [HEARINGS.] All hearings related to common 26.9 carriers by rail or motor carriers and required to be conducted 26.10 by the commissioner of transportationregulation board shall26.11 must be conducted pursuant to sections 14.001 to 14.69. 26.12 Subd. 2. [APPEALS.] An appeal from an order of the 26.13 commissioner must be in accordance with chapter 14. 26.14 Sec. 20. Minnesota Statutes 2000, section 174A.06, is 26.15 amended to read: 26.16 174A.06 [CONTINUATION OF RULES.] 26.17 (a) Orders and directives in force, issued, or promulgated 26.18 under authority of chapters 174A, 216A, 218, 219, 221, and 222 26.19 remain and continue in force and effect until repealed, 26.20 modified, or superseded by duly authorized orders or directives 26.21 of the commissioner of transportation. To the extent allowed 26.22 under federal law or regulation, rules adopted under authority 26.23 of the following sections are transferred to the commissioner of 26.24 transportation and continue in force and effect until repealed, 26.25 modified, or superseded by duly authorized rules of the 26.26 commissioner: 26.27 (1) section 218.041 except rules related to the form and 26.28 manner of filing railroad rates, railroad accounting rules, and 26.29 safety rules; 26.30 (2) section 219.40; 26.31 (3) rules relating to rates or tariffs, or the granting, 26.32 limiting, or modifying of permits or certificates of convenience 26.33 and necessity under section 221.031, subdivision 1; 26.34 (4) rules relating to the sale, assignment, pledge, or 26.35 other transfer of a stock interest in a corporation holding 26.36 authority to operate as a permit carrier as prescribed in 27.1 section 221.151, subdivision 1, or a local cartage carrier under27.2section 221.296, subdivision 8; 27.3 (5) rules relating to rates, charges, and practices under 27.4 section 221.161, subdivision 4; and 27.5 (6) rules relating to rates, tariffs, or the granting, 27.6 limiting, or modifying of permits under sections 221.121,and 27.7 221.151, and 221.296. 27.8 (b) The commissioner shall review the transferred rules, 27.9 orders, and directives and, when appropriate, develop and adopt 27.10 new rules, orders, or directives. 27.11 Sec. 21. Minnesota Statutes 2000, section 218.031, 27.12 subdivision 2, is amended to read: 27.13 Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every 27.14 common carrier shall furnish to the commissioner:27.15(1) all schedules of rates, fares and charges, every part27.16and classification thereof, together with minimum weights and27.17rules with respect thereto, and any and all amendments,27.18modifications or changes therein;27.19(2) all information duly required in blanks and forms27.20furnished by the commissioner;27.21(3) a copy of all annual reports and valuation data27.22furnished to the Interstate Commerce Commission not later than27.23June 30th, covering the preceding calendar year, together with27.24any additional information regarding valuation of its properties27.25requested by the commissioner;27.26(4)a report of accidents, wrecks, and casualties occurring 27.27 in this state insucha manner and form and atsuchthe times 27.28asprescribed by the commissioner. All such reports 27.29 administered by the department of public safetyshallmust be 27.30 received and administered in accordance withthe provisions of27.31 section 169.09, subdivision 13. All other reportsshall beare 27.32 open to public inspection butshallare notbeadmissible in 27.33 evidence in any suit or action for damages growing out of such 27.34 accident, wreck, or casualty;. 27.35(5) all tariff agreements or arrangements with other27.36carriers;28.1(6) all joint schedules of rates, fares or classifications.28.2 Sec. 22. Minnesota Statutes 2000, section 218.041, 28.3 subdivision 4, is amended to read: 28.4 Subd. 4. [COMMISSIONER DUTIES UPON PETITION.] (a) The 28.5 commissioner shall, upon petition:28.6(1) at all points of intersection and crossings of28.7different railroads, or where two railroads are not more than28.8one-half mile apart, and at all terminals, prescribe ample28.9facilities by track connection, joint use of tracks, freight28.10platforms and depots, warehouses, docks over which general28.11merchandise is handled and forwarded, and other necessary28.12appliances and conveniences for the transfer, forwarding and28.13handling of general merchandise and parcel freight between such28.14railroads and between such railroads and such docks, warehouses28.15and vessels at such docks;28.16(2) determine the proportionate share of each company in28.17the cost of providing connecting and transfer facilities in the28.18event the companies fail to agree;28.19(3) direct construction, maintenance and operation at any28.20points prescribed by law of all side tracks and reasonable28.21facilities connecting any road with any grain warehouse or mill,28.22dock, wharf, coal yard, quarry, brick or lime kiln, sand or28.23gravel pit, crushed rock or concrete plant, or manufactory28.24adjacent thereto, and prescribe the terms therefor;28.25(4) prescribe reasonable rules for handling property,28.26passenger, baggage, express and mail, partly over privately28.27owned rights-of-way and partly over highways, so that reasonable28.28and adequate accommodations and service may be afforded;28.29(5) prescribe the extent to which any designated carrier,28.30upon its petition, may be relieved from the operation of the28.31principles established by section 218.021, subdivision 1,28.32clauses (5), (6) and (7);28.33(6), direct the repair, reconstruction, or replacement of 28.34 any inadequate or unsafe trackage, structure or facility. 28.35 (b) Upon receipt of a petition for action pursuant to this 28.36 subdivision the commissioner shall give notice to all persons 29.1 known toitthe commissioner to have an interest in the matter 29.2 and publish notice of the petition in the State Register. The 29.3 commissioner may grant the petition 30 days' after notice has 29.4 been fully made. If the commissioner receives a written 29.5 objection to the petition from any person within 20 days after 29.6 the notice of filing has been fully made, the exemptionshall29.7 must be granted or denied only after a contested case hearing 29.8 has been held on the matter. The commissioner may elect to hold 29.9 a contested case hearing if no objections to the petition or 29.10 application are received. If a timely objection is not received 29.11 and the commissioner declines to act without a hearing, the 29.12 petitioner may request within 30 days of receiving a notice of 29.13 denial, andshallmust be granted, a contested case hearing on 29.14 the application. 29.15 Sec. 23. Minnesota Statutes 2000, section 218.041, 29.16 subdivision 5, is amended to read: 29.17 Subd. 5. [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The 29.18 commissioner shall: 29.19 (1) investigate and determine whether any common carriers 29.20 are granting rebates or, in any other particular, failing to 29.21 comply with laws or with orders, rules, or directives of the 29.22 commissioner; and 29.23 (2)appear and press before the Interstate Commerce29.24Commission any petition, whether filed by a resident of the29.25state or otherwise, charging any common carrier doing business29.26in this state with any violation of the Interstate Commerce Act29.27of the United States, whenever the department deems the matter29.28to be one of public interest;29.29(3)institute and prosecute all actions and proceedings in 29.30 the appropriate courts for the enforcement ofthe provisions of29.31 this chapter,; the orders, rules, and directives of the 29.32 commissioner issuedthereunderunder this chapter; and any 29.33 violations thereof. 29.34 Sec. 24. Minnesota Statutes 2000, section 218.041, 29.35 subdivision 6, is amended to read: 29.36 Subd. 6. [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING 30.1 POWERS.] In the exercise of powers granted in this chapter, the 30.2 commissioner may: 30.3 (1) subpoena books, papers, or accounts kept by any 30.4 regulated business within or without the state, or compel 30.5 production of verified copies; 30.6 (2) prepare all forms or blanks forthe purpose of30.7 obtaining informationwhichthat the commissioner may deem 30.8 necessary or useful for the proper exercise of the authority and 30.9 duties of the commissioner in connection with regulated 30.10 businesses, and prescribe the time and manner within which the 30.11 blanks and formsshallmust be completed and filed; 30.12 (3) inspect, at all reasonable times, and copy the books, 30.13 records, memoranda, correspondence, or other documents and 30.14 records of any business under the commissioner's 30.15 jurisdiction; and 30.16 (4) examine, under oath, any officer, agent, or employee of 30.17 a business under the commissioner's jurisdiction concerningits30.18business and affairs; and30.19(5) prescribe rules, duly promulgated in accordance with30.20chapter 14, relating to rates, care in handling and other30.21livestock transportation mattersany matter within the 30.22 commissioner's jurisdiction. 30.23 Sec. 25. Minnesota Statutes 2000, section 219.074, 30.24 subdivision 2, is amended to read: 30.25 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 30.26 1992, and on or before July 1 of each of the next four years, 30.27 and as necessary afterward, the commissioner shall develop a 30.28 list of grade crossings proposed to be vacated. The list must 30.29 be developed by applying the standards set forth in the rules 30.30 adopted under section 219.073. Grade crossings that are part of 30.31 an abandonment, closing, or removalunder section 219.741may 30.32 not be included in the list. The commissioner shall notify the 30.33 public officials having the necessary authority and the railway 30.34 companies operating the railroads of the proposed vacations. 30.35 Either affected party may request a hearing. If requested, the 30.36 commissioner shall hold a contested case hearing applying in the 31.1 commissioner's determination the rules developed under section 31.2 219.073. If after the hearing the commissioner determines that 31.3 the vacation is consistent with the standards adopted under 31.4 section 219.073, the commissioner may order the crossing 31.5 vacated. If a request for a hearing on a particular crossing is 31.6 not received within 30 days of the publication in the State 31.7 Register, the commissioner shall order the crossing vacated. 31.8 Sec. 26. Minnesota Statutes 2000, section 219.402, is 31.9 amended to read: 31.10 219.402 [ADEQUATE CROSSING PROTECTION.] 31.11 Crossing warning devices or improvements installed or 31.12 maintained under this chapter as approved by the commissioner or 31.13 any predecessor, whether by order or otherwise, are adequate and 31.14 appropriate warning for the crossing. 31.15 Sec. 27. Minnesota Statutes 2000, section 222.632, is 31.16 amended to read: 31.17 222.632 [RIGHT OF FIRST REFUSAL.] 31.18 A railroad interest that is in bankruptcy proceedings may 31.19 not sell or offer for sale an interest in real property that is 31.20 within the right-of-way, a railroad interest that is abandoning 31.21 a railroad line may not sell or offer for sale an interest in 31.22 real property within the right-of-way to be abandoned, and a 31.23 nonrailroad lessor may not sell or offer for sale an interest in 31.24 real property within the right-of-way with respect to which it 31.25 is a nonrailroad lessor, unless it first extends a written offer 31.26 to sell that interest at a fair market value price to each 31.27 person who is a leaseholder with respect to the property. 31.28 Leaseholders must respond to the offer within 60 days of receipt 31.29 of the notice and the railroad interest must negotiate in good 31.30 faith with an interested leaseholder for a period of 90 days 31.31 following the leaseholder's response.After the 90-day31.32negotiation period, either party may file a notice of dispute31.33with the commissioner of transportation under section 222.633.31.34 The property may not be sold to a party other than the 31.35 leaseholder during the response and negotiation periodsor while31.36a dispute is pending before the commissioner. This section does 32.1 not apply to a sale of an entire operating railroad line by one 32.2 operating railroad to another for the purpose of operating a 32.3 railroad. 32.4 Sec. 28. [TRANSFERRING CARRIER REGULATORY 32.5 RESPONSIBILITIES.] 32.6 (a) Responsibilities, as defined in Minnesota Statutes, 32.7 section 15.039, subdivision 1, held by the transportation 32.8 regulation board including, but not limited to, responsibilities 32.9 relating to administration, regulation, recordkeeping, operating 32.10 authority, permitting, rate making, rulemaking, and enforcement 32.11 of transportation laws, rules, and regulations relating to motor 32.12 carriers and common carriers by rail under Minnesota Statutes, 32.13 chapters 218, 219, 221, and 222, are transferred to the 32.14 commissioner of the Minnesota department of transportation under 32.15 Minnesota Statutes, section 15.039. 32.16 (b) The legislative and quasi-judicial functions and powers 32.17 conferred on the board under Minnesota Statutes, chapter 174A, 32.18 are also transferred to the commissioner. 32.19 (c) The position of transportation regulation board member 32.20 and the transportation regulation board as previously 32.21 constituted are abolished. 32.22 Sec. 29. [TRUNK HIGHWAYS DISCONTINUED; REPEALER, 32.23 CONTINGENT EFFECTIVE DATE.] 32.24 (a) Minnesota Statutes 2000, section 161.115, subdivision 32.25 164, is repealed on the date the transfer of jurisdiction of 32.26 legislative route No. 233 is agreed to by the commissioner of 32.27 transportation and the county of Crow Wing and a copy of the 32.28 agreement, signed by the commissioner and the chair of the Crow 32.29 Wing county board, has been filed in the office of the 32.30 commissioner. 32.31 (b) Minnesota Statutes 2000, section 161.115, subdivision 32.32 175, is repealed on the date the transfer of jurisdiction of 32.33 legislative route No. 244 is agreed to by the commissioner of 32.34 transportation and the counties of Ramsey and Washington and a 32.35 copy of each agreement, signed by the commissioner and the chair 32.36 of the Ramsey county board and the chair of the Washington 33.1 county board, as applicable, has been filed in the office of the 33.2 commissioner. 33.3 (c) Minnesota Statutes 2000, section 161.115, subdivision 33.4 236, is repealed on the date the transfer of jurisdiction of 33.5 legislative route No. 305 is agreed to by the commissioner of 33.6 transportation and the city of Brainerd and a copy of the 33.7 agreement, signed by the commissioner and the mayor of the city 33.8 of Brainerd, has been filed in the office of the commissioner. 33.9 (d) Minnesota Statutes 2000, section 161.115, subdivision 33.10 253, is repealed on the date the transfer of jurisdiction of 33.11 legislative route No. 322 is agreed to by the commissioner of 33.12 transportation and the city of Brainerd and a copy of the 33.13 agreement, signed by the commissioner and the mayor of the city 33.14 of Brainerd, has been filed in the office of the commissioner. 33.15 Sec. 30. [INSTRUCTIONS TO REVISOR.] 33.16 (a) Except when used in the phrases to be changed by the 33.17 revisor under paragraph (b), the revisor of statutes is directed 33.18 to change the word "board" or "board's," or similar term or 33.19 phrase, when it refers to the transportation regulation board, 33.20 to the term "commissioner," "commissioner's," or "commissioner 33.21 of transportation," as appropriate, where it appears in: 33.22 (1) Minnesota Statutes, sections 174A.02, subdivision 3; 33.23 221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and 33.24 6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161, 33.25 subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 33.26 221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 33.27 subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 33.28 221.55; and 33.29 (2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920. 33.30 (b) The revisor of statutes is directed to change the 33.31 phrases "board or commissioner," "commissioner or board," "board 33.32 or the commissioner," "commissioner or the board," "commissioner 33.33 and the board," "commissioner and board," "board and the 33.34 commissioner," "board and commissioner," "department and board," 33.35 "board or department," and "board and the department," when the 33.36 word "board" refers to the transportation regulation board, to 34.1 the term "commissioner," or "commissioner of transportation," as 34.2 appropriate, where it appears in: 34.3 (1) Minnesota Statutes, sections 221.011, subdivision 15; 34.4 221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122, 34.5 subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1 34.6 and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293; 34.7 221.295; 221.296, subdivisions 3 and 4; and 221.68; and 34.8 (2) Minnesota Rules, chapter 8850. 34.9 (c) Except when amended accordingly in this act, the 34.10 revisor of statutes is directed to change the words 34.11 "transportation regulation board" to "commissioner of 34.12 transportation" wherever they appear in Minnesota Statutes and 34.13 Minnesota Rules. 34.14 (d) In Minnesota Statutes, the revisor of statutes shall 34.15 renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 34.16 174A.06 as 174.66. 34.17 (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 34.18 of statutes shall change the term "commission" to "commissioner 34.19 of transportation" or "commissioner," as appropriate. 34.20 (f) The revisor of statutes shall change the description of 34.21 the route identified in section 2 in the next publication of 34.22 Minnesota Statutes unless the commissioner of transportation 34.23 informs the revisor that the conditions required to modify the 34.24 route were not satisfied. 34.25 (g) The revisor of statutes shall change the description of 34.26 each route identified in sections 3 and 4 in the next 34.27 publication of Minnesota Statutes unless the commissioner of 34.28 transportation informs the revisor that the conditions required 34.29 to modify a particular route were not satisfied. 34.30 (h) The revisor of statutes shall delete each route 34.31 identified in section 29 in the next publication of Minnesota 34.32 Statutes unless the commissioner of transportation informs the 34.33 revisor that the conditions required to transfer the routes were 34.34 not satisfied. 34.35 (i) The revisor of statutes shall make other changes in 34.36 chapter titles; section, subdivision, part, and subpart 35.1 headnotes; and in other terminology necessary as a result of the 35.2 enactment of this act. 35.3 Sec. 31. [REPEALER.] 35.4 Minnesota Statutes 2000, sections 174A.01; 174A.02, 35.5 subdivision 5; 174A.03; 174A.05; 219.558; 219.559; 219.56; 35.6 219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 219.71; 35.7 219.741; 219.743; 219.751; 219.755; 219.85; 219.88; 219.97, 35.8 subdivisions 6, 7, and 10; and 222.633, are repealed.