Minnesota LegislatureOffice of the Revisor of Statutes
Minnesota Session Laws - 1985, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 299-S.F.No. 43
An act relating to transportation; removing the
24-foot restriction on county state-aid money needs;
changing the definition of urban and rural counties;
providing for apportionments in calendar years 1986
and 1987; establishing conflict of interest
requirements for court-appointed commissioners in
condemnation; providing for relocation and disposal of
historically significant buildings or structures;
denying certain contracts to persons convicted of
contract crimes; modifying penalties for certain
seasonal weight violations; providing for priority
list of market artery highways which need upgrading;
permitting certain wide loads; establishing good faith
exception to excessive gross weight penalties for
shippers; providing certain exemptions from weight
record requirements; establishing gross vehicle weight
limits for courier service vehicles; providing that
hours of service rules do not apply to farm vehicles;
exempting certain farm vehicles from the vehicle
identification rule; exempting certain persons from
certain hazardous material rules and allowing
variances; providing for rescission of canceled
permits if a carrier has insurance coverage; excluding
modular home movers from regulation as building
movers; creating a new state-surveying coordinate
system; providing for a special permit to test certain
three-vehicle combinations until July 31, 1986;
allowing and prescribing certain parking facilities
for interstate highway I-394; removing and modifying
certain restrictions on the expenditure of proceeds
from state transportation bonds; directing the
commissioner of transportation to issue a special
permit for a certain combination of vehicles;
requiring joint legislative study; prescribing a fee;
prescribing a penalty; amending Minnesota Statutes
1984, sections 117.075; 161.20, subdivision 2; 162.07,
subdivisions 2, 3, and 4; 168.013, subdivisions 1e and
3; 169.833; 169.862; 169.871, by adding a subdivision;
169.872, subdivision 1; 174A.06; 221.011, subdivisions
13 and 25; 221.025; 221.031, subdivisions 2 and 6;
221.033; 221.131, by adding a subdivision; 221.161,
subdivision 1; 221.185, subdivision 4, and by adding a
subdivision; 221.231; 221.291, subdivision 1; 221.65;
221.67; 221.68; 221.81, subdivision 1; 505.18; 505.19;
505.20; 505.22; 505.23; 505.24; Laws 1979, chapter
280, section 2, as amended; proposing coding for new
law in Minnesota Statutes, chapters 161, 162, 221, and
505; repealing Minnesota Statutes 1984, sections
221.296, subdivision 2; 221.61; 221.62; 221.63;
221.64; and 221.66.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 117.075, is
amended to read:
117.075 [COURT TO APPOINT COMMISSIONERS.]
Upon proof being filed of the service of such notice, the
court, at the time and place therein fixed or to which the
hearing may be adjourned, shall hear all competent evidence
offered for or against the granting of the petition, regulating
the order of proof as it may deem best. If the proposed taking
shall appear to be necessary and such as is authorized by law,
the court by an order shall appoint three disinterested
commissioners, and at least two alternates, residents of the
county, to ascertain and report the amount of damages that will
be sustained by the several owners on account of such taking.
Before appointing a commissioner, the court shall inquire
whether each prospective commissioner has any relationship,
business or otherwise, to any of the parties in the proceeding,
or any interest in the proceeding which may constitute a
conflict of interest, or which may create the appearance of
impropriety should that person be appointed. Responses to this
inquiry must be either written or on the record and made
available by the court to any party in the proceeding before and
after appointment. No person who might have difficulty in
rendering an unbiased decision may be appointed to serve. The
court, in its discretion, may appoint one registered, practicing
attorney to the commission who is knowledgeable in eminent
domain matters. All other commissioners appointed must be
persons actively engaged in the occupation of real estate sales
or real estate appraising or persons knowledgeable in real
estate values. The order shall fix the time and place of the
first meeting of the three commissioners and prescribe their
compensation. It At the first meeting at the office of the
clerk of district court the appointees must be sworn by the
clerk or an authorized deputy and shall take and sign the
following oath before assuming their duties as commissioners:
(TITLE OF PROCEEDING)
_________________________________ each for himself/herself
does swear under penalty of perjury as follows:
I will faithfully and justly perform to the best of my
ability, all the duties of the office and trust which I now
assume as commissioner in the above entitled proceeding. I
further swear that, except as disclosed in writing or on
the record, I have no interest in any of the lands in the
above proceeding or any present or past relationship,
business or personal, with any of the parties to the above
proceeding or any other actual or potential conflict of
interest, and that I will render fair and impartial
decisions, so help me God.
The order may, in the discretion of the court, limit the
title or easement to be acquired by the petitioner by defining
the rights and privileges which the owner of any of the lands
may exercise therein in subordination to the public uses to
which it is appropriated. In case any of the commissioners fail
commissioner fails to act or fails to meet the qualifications
required by this section, the court without further notice may
appoint another in his or her place.
The clerk of court in each county shall post in the
courthouse in a prominent place a notice that a qualified person
may apply to have his or her name placed upon a list of
potential commission appointees for eminent domain proceedings.
The notice must contain the language of the oath which the
commissioners are required to take upon appointment and shall
list the other qualifications set forth in this section. The
court shall give due consideration to the names appearing on the
list, but is not bound to make appointments from the list.
Sec. 2. Minnesota Statutes 1984, section 161.20,
subdivision 2, is amended to read:
Subd. 2. [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION
OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] He The
commissioner is authorized to acquire by purchase, gift, or by
eminent domain proceedings as provided by law, in fee or such
lesser estate as he the commissioner deems necessary, all lands
and properties necessary in laying out, constructing,
maintaining, and improving the trunk highway system including
recreational vehicle lanes; to locate, construct, reconstruct,
improve, and maintain the trunk highway system; to purchase all
road material, machinery, tools, and supplies necessary for the
construction, maintenance, and improvement thereof; to construct
necessary buildings, or rent or acquire by purchase, gift, or
condemnation, grounds, and buildings necessary for the storing
and housing of such material, machinery, tools, and supplies or
necessary for office space for employees or for providing for
driver license examinations; to maintain, repair, or remodel
such buildings as may be necessary; to acquire by purchase,
gift, or condemnation, replacement sites for historically
significant buildings or structures and to relocate these
buildings or structures onto those sites, reconstructing and
maintaining them until disposed of through public sale to the
highest responsible bidder; to make agreements with any county
for the relocation or re-establishment, by the county, of
section, quarter section, or meander corners originally
established by the United States, when such relocation or
re-establishment is necessary in order to write land acquisition
descriptions or by reason of the construction, reconstruction,
improvement, or maintenance of a trunk highway; to contract on
an equitable basis with railroad companies for the installation
and reinstallation of safety devices at trunk highway-railroad
grade crossings, and for the construction, reconstruction and
maintenance of bridges and approaches existing or necessary for
the separation of grades at railroad and trunk highway
intersections; and in carrying out his duties, to let all
necessary contracts in the manner prescribed by law. The
commissioner may make agreements with and cooperate with any
governmental authority for the purpose of effectuating the
provisions of this chapter.
Sec. 3. [161.315] [PROTECTION OF PUBLIC CONTRACTS.]
Subdivision 1. [LEGISLATIVE INTENT.] Recognizing that the
preservation of the integrity of the public contracting process
of the department of transportation is vital to the development
of a balanced and efficient transportation system and a matter
of interest to the people of the state, the legislature hereby
determines and declares that:
(1) the procedures of the department for bidding and
awarding department contracts exist to secure the public
benefits of free and open competition and to secure the quality
of public works;
(2) the opportunity to be awarded department contracts or
to supply goods or services to the department is a privilege,
not a right; and
(3) the privilege of transacting business with the
department or local road authority should be denied to persons
convicted of a contract crime in order to preserve the integrity
of the public contracting process.
Subd. 2. [DEFINITIONS.] The terms used in this section
have the meanings given them in this subdivision.
(a) "Affiliate" means a predecessor or successor of a
person under the same or substantially the same control, or a
group of entities so connected or associated that one entity
controls or has the power to control each of the other
entities. "Affiliate" includes the affiliate's principals. One
person's ownership of a controlling interest in another entity
or a pooling of equipment or income among entities is prima
facie evidence that one entity is an affiliate of another.
(b) "Contract crime" means a violation of state or federal
antitrust law, fraud, theft, embezzlement, bribery, forgery,
misrepresentation, making false statements, falsification or
destruction of records, or other criminal offense in connection
with obtaining, attempting to obtain, or performing a public or
private contract or subcontract.
(c) "Conviction" has the meaning given it in section
609.02, subdivision 5.
(d) "Debar" means to disqualify from receiving a contract
or from serving as a subcontractor or material supplier as
provided by Laws 1984, chapter 654, article 2, section 8.
(e) "Person" means a natural person or a business,
corporation, association, partnership, sole proprietorship, or
other entity formed to do business as a contractor,
subcontractor, or material supplier and includes an affiliate of
a person.
(f) "Pooling" means a combination of persons engaged in the
same business or combined for the purpose of engaging in a
particular business or commercial venture and who all contribute
to a common fund or place their holdings of a given stock or
other security in the hand and control of a managing member or
committee of the combination.
(g) "Suspend" means to temporarily disqualify from
receiving a contract or from serving as a subcontractor or
material supplier as provided by Laws 1984, chapter 654, article
2, section 8.
Subd. 3. [PROHIBITIONS.] Except as provided in subdivision
4:
(1) neither the commissioner nor a county, town, or
homerule or statutory city may award or approve the award of a
contract for goods or services to a person who is suspended or
debarred;
(2) neither the commissioner nor a county, town, or
homerule or statutory city may award or approve the award of a
contract for goods or services under which a debarred or
suspended person will serve as a subcontractor or material
supplier; and
(3) a person to whom a contract for goods or services has
been awarded may not subcontract with or purchase materials or
services from a debarred or suspended person for performance of
that contract.
Subd. 4. [EXCEPTIONS.] The commissioner may terminate a
debarment by order, or the commissioner or a county, town, or
homerule or statutory city may award a contract to a debarred or
suspended person when:
(1) that person is the sole supplier of a material or
service required by the commissioner or a county, town, or
homerule or statutory city;
(2) the commissioner determines that an emergency exists as
defined in section 161.32, subdivision 3;
(3) the commissioner of administration determines that an
emergency exists as defined in section 16B.08, subdivision 6;
(4) in the case of a contract to be awarded by a county,
town, or home rule or statutory city, the governing body thereof
determines by resolution that an emergency exists that will
result in a road, street, or bridge being closed to travel; or
(5) the contract is for purchasing materials or renting
equipment for routine road maintenance.
Subd. 5. [DURATION OF DEBARMENT.] A person who has been
convicted of a contract crime must be debarred for a period of
not less than one year. This subdivision applies to contract
crime violations which occur after June 30, 1985.
Subd. 6. [PREEXISTING CONTRACTS.] The disqualification of
a contractor or its affiliate does not affect the contractor's
or its affiliate's obligations under any preexisting contract.
Sec. 4. Minnesota Statutes 1984, section 162.07,
subdivision 2, is amended to read:
Subd. 2. [MONEY NEEDS DEFINED.] For the purpose of this
section, money needs of each county are defined as the estimated
total annual costs of constructing, over a period of 25 years,
the county state-aid highway system in that county. Costs
incidental to construction, or a specified portion thereof as
set forth in the commissioner's rules and regulations may be
included in determining money needs. When a county state-aid
highway is located over a street in a city having a population
of 5,000 or more, only the construction costs of the center 24
feet of the street shall be included in the money needs of that
county; provided, that when traffic volumes warrant multiple or
divided lane highways the construction costs of the necessary
number of 12 foot lanes required for through traffic may be
included in the money needs. When a county state-aid highway is
located over a street in any city of less than 5,000 population,
the construction costs of the entire width of the roadway or
street surface shall be included in the money needs of that
county. To avoid variances in costs due to differences in
construction policy, construction costs shall be estimated on
the basis of the engineering standards developed cooperatively
by the commissioner and the county engineers of the several
counties. Any variance granted pursuant to section 162.02,
subdivision 3a shall be reflected in the estimated construction
costs in determining money needs.
Sec. 5. Minnesota Statutes 1984, section 162.07,
subdivision 3, is amended to read:
Subd. 3. [COMPUTATIONS FOR RURAL COUNTIES.] A two-thirds
of one mill levy on each rural county's total taxable valuation
for the last preceding calendar year shall be computed and shall
be subtracted from such county's total estimated construction
costs. The result thereof shall be the money needs of such
county. For the purpose of this section, rural counties shall
be construed to mean all counties having a population of less
than 200,000 175,000.
Sec. 6. Minnesota Statutes 1984, section 162.07,
subdivision 4, is amended to read:
Subd. 4. [COMPUTATION FOR URBAN COUNTIES.] A four-tenths
mill levy on each urban county's total taxable valuation for the
last preceding calendar year shall be computed and shall be
subtracted from such county's total estimated construction
costs. The result thereof shall be the money needs of the
county. For the purpose of this section urban counties shall be
construed to mean all counties having a population of
200,000 175,000 or more.
Sec. 7. [162.071] [SPECIAL PROVISIONS.]
The following provisions apply to county state-aid
apportionments in calendar years 1986 and 1987 only:
(a) In calendar year 1985 for the 1986 apportionment the
definition of "money needs" includes 50 percent of the
construction costs beyond the center 24 feet of a county
state-aid highway located over a street in a city of 5,000 or
more population.
(b) In calendar year 1986 for the 1987 apportionment the
definition of "money needs" must include 100 percent of the
construction costs beyond the center 24 feet of a county
state-aid highway located over a street in a city of 5,000 or
more population.
(c) Notwithstanding paragraphs (a) and (b), the
commissioner shall make no apportionment of county state-aid
highway funds for calendar years 1986 and 1987 which would
result in any county receiving a lesser apportionment of such
funds than was apportioned to it in calendar year 1985.
(d) Notwithstanding paragraphs (a) and (b), the
apportionment of county state-aid funds for either calendar year
1986 or 1987 for any county may not exceed the apportionment to
that county for the previous calendar year, increased by a
percentage which is the sum of the percentage by which the total
funds available for apportionment to all counties increased over
the total funds available for apportionment for the previous
calendar years, plus five percent. If the provisions of this
clause result in more funds being available for distribution to
all counties than can be distributed under these provisions, the
commissioner shall apportion the excess funds to the counties in
proportion to each county's approved money needs as defined in
section 162.07, subdivision 2.
The provisions of this section do not apply to
apportionments for any year in which the amount of county
state-aid highway funds available for apportionment to all
counties is less than the amount which was available for
apportionment to all counties in calendar year 1985.
Sec. 8. Minnesota Statutes 1984, section 168.013,
subdivision 1e, is amended to read:
Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On
trucks and tractors except those in this chapter defined as farm
trucks, and urban trucks, and on truck-tractor and semitrailer
combinations except those defined as farm combinations and urban
combinations and on commercial zone vehicles, the tax based on
total gross weight shall be graduated according to the Minnesota
base rate schedule prescribed in this subdivision, but in no
event less than $120.
Minnesota Base Rate Schedule
Scheduled taxes include five percent
surtax provided for in subdivision 14
TOTAL GROSS WEIGHT
IN POUNDS TAX
A 0 - 1,500 $ 15
B 1,501 - 3,000 20
C 3,001 - 4,500 25
D 4,501 - 6,000 35
E 6,001 - 9,000 45
F 9,001 - 12,000 70
G 12,001 - 15,000 105
H 15,001 - 18,000 145
I 18,001 - 21,000 190
J 21,001 - 26,000 270
K 26,001 - 33,000 360
L 33,001 - 39,000 470
M 39,001 - 45,000 590
N 45,001 - 51,000 710
O 51,001 - 57,000 860
P 57,001 - 63,000 1010
Q 63,001 - 69,000 1180
R 69,001 - 73,280 1320
S 73,281 - 78,000 1520
T 78,001 - 81,000 1620
For each vehicle with a gross weight in excess of 81,000
pounds an additional tax of $50 is imposed for each ton or
fraction thereof in excess of 81,000 pounds, subject to
subdivision 12.
Truck-tractors except those herein defined as farm and
urban truck-tractors and commercial zone vehicles shall be taxed
in accord with the foregoing gross weight tax schedule on the
basis of the combined gross weight of the truck-tractor and any
semitrailer or semitrailers which the applicant proposes to
combine with the truck-tractor. In addition, to the gross
weight tax imposed on the truck-tractor, each semitrailer shall
be taxed a fee of $10 for a one-year period or $50 for a
five-year period whichever the applicant elects.
Commercial zone trucks include only trucks, truck-tractors,
and semitrailer combinations which are:
(1) used by an authorized local cartage carrier operating
under a permit issued under section 221.296 and whose gross
transportation revenue consists of at least 60 percent obtained
solely from local cartage carriage, and are operated solely
within an area composed of two contiguous cities of the first
class and municipalities contiguous thereto as defined by
section 221.011, subdivision 17; or,
(2) operated by an interstate carrier registered under
section 221.61 or 221.62 27, or by an authorized local cartage
carrier or other carrier receiving operating authority under
chapter 221, and operated solely within a zone exempt from
regulation by the interstate commerce commission pursuant to
United States Code, title 49, section 10526(b).
The license plates issued for commercial zone vehicles
shall be plainly marked. A person operating a commercial zone
vehicle outside the zone or area in which its operation is
authorized is guilty of a misdemeanor and, in addition to the
penalty therefor, shall have the registration of the vehicle as
a commercial zone vehicle revoked by the registrar and shall be
required to reregister the vehicle at 100 percent of the full
annual tax prescribed in the Minnesota base rate schedule, and
no part of this tax shall be refunded during the balance of the
registration year.
On commercial zone trucks the tax shall be based on the
total gross weight of the vehicle and during the first eight
years of vehicle life shall be 75 percent of the Minnesota base
rate schedule. During the ninth and succeeding years of vehicle
life the tax shall be 50 percent of the Minnesota base rate
schedule, except as otherwise provided in this subdivision. On
commercial zone trucks, during the ninth and succeeding years of
vehicle life, the tax shall be:
(a) for the 1982 registration year, 35 percent of the tax
imposed in the Minnesota base rate schedule;
(b) for the 1983 registration year, 40 percent of the tax
imposed in the Minnesota base rate schedule;
(c) for the 1984 registration year, 45 percent of the tax
imposed in the Minnesota base rate schedule;
(d) for the 1985 registration year, and each succeeding
year, 50 percent of the tax imposed in the Minnesota base rate
schedule.
On trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those urban trucks and combinations and commercial
zone vehicles specifically provided for in this subdivision, the
tax for the first eight years of vehicle life shall be 100
percent of the tax imposed in the Minnesota base rate schedule,
and during the ninth and succeeding years of vehicle life, the
tax shall be 75 percent of the Minnesota base rate prescribed by
this subdivision, except as otherwise provided in this
subdivision.
On trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those urban trucks and combinations and commercial
zone vehicles specifically provided for in this subdivision,
during each of the first eight years of vehicle life the tax
shall be:
(a) for the registration year 1982, 83 percent of the tax
imposed in the Minnesota base rate schedule;
(b) for the registration year 1983, 89 percent of the tax
imposed in the Minnesota base rate schedule;
(c) for the registration year 1984, 95 percent of the tax
imposed in the Minnesota base rate schedule;
(d) for the registration year 1985, and each succeeding
year, 100 percent of the tax imposed in the Minnesota base rate
schedule.
Sec. 9. Minnesota Statutes 1984, section 168.013,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
WEIGHTS FORBIDDEN.] The applicant for all licenses based on
gross weight shall state in writing upon oath, the unloaded
weight of the motor vehicle, trailer or semi-trailer and the
maximum load the applicant proposes to carry thereon, the sum of
which shall constitute the gross weight upon which the license
tax shall be paid, but in no case shall the declared gross
weight upon which the tax is paid be less than 1-1/4 times the
declared unloaded weight of the motor vehicle, trailer or
semi-trailer to be registered, except recreational vehicles
taxed under subdivision 1g, school buses taxed under subdivision
18 and wreckers defined in section 169.01, subdivision 52. The
gross weight of a wrecker is the actual weight of the wrecker
fully equipped, but does not include the weight of a wrecked or
disabled vehicle towed or drawn by the wrecker.
The gross weight of no motor vehicle, trailer or
semi-trailer shall exceed the gross weight upon which the
license tax has been paid by more than four percent or 1000
pounds, whichever is greater.
The gross weight of the motor vehicle, trailer or
semi-trailer for which the license tax is paid shall be
indicated by a distinctive character on the license plate or
plates except as provided in subdivision 12 and the plate or
plates shall be kept clean and clearly visible at all times.
The owner, driver, or user of a motor vehicle, trailer or
semi-trailer upon conviction for transporting a gross weight in
excess of the gross weight for which it was registered or for
operating a vehicle with an axle weight exceeding the maximum
lawful axle load weight shall be guilty of a misdemeanor and be
subject to increased registration or re-registration according
to the following schedule:
(1) The owner, driver or user of a motor vehicle, trailer
or semi-trailer upon conviction for transporting a gross weight
in excess of the gross weight for which it is registered by more
than four percent or 1000 pounds, whichever is greater, but less
than 25 percent or for operating or using a motor vehicle,
trailer or semi-trailer with an axle weight exceeding the
maximum lawful axle load as provided in section 169.825 by more
than four percent or 1000 pounds, whichever is greater, but less
than 25 percent, in addition to any penalty imposed for the
misdemeanor shall apply to the registrar to increase the
authorized gross weight to be carried on the vehicle to a weight
equal to or greater than the gross weight the owner, driver, or
user was convicted of carrying, the increase computed for the
balance of the calendar year on the basis of 1/12 of the annual
tax for each month remaining in the calendar year beginning with
the first day of the month in which the violation occurred. If
the additional registration tax computed upon that weight, plus
the tax already paid, amounts to more than the regular tax for
the maximum gross weight permitted for the vehicle under section
169.825, that additional amount shall nevertheless be paid into
the highway fund, but the additional tax thus paid shall not
permit the vehicle to be operated with a gross weight in excess
of the maximum legal weight as provided by section 169.825.
Unless the owner within 30 days after a conviction shall apply
to increase the authorized weight and pay the additional tax as
provided in this section, the registrar shall revoke the
registration on the vehicle and demand the return of the
registration card and plates issued on that registration.
(2) The owner or driver or user of a motor vehicle, trailer
or semi-trailer upon conviction for transporting a gross weight
in excess of the gross weight for which the motor vehicle,
trailer or semi-trailer was registered by 25 percent or more, or
for operating or using a vehicle or trailer with an axle weight
exceeding the maximum lawful axle load as provided in section
169.825 by 25 percent or more, in addition to any penalty
imposed for the misdemeanor, shall have the reciprocity
privileges on the vehicle involved if the vehicle is being
operated under reciprocity cancelled by the registrar, or if the
vehicle is not being operated under reciprocity, the certificate
of registration on the vehicle operated shall be cancelled by
the registrar and the registrar shall demand the return of the
registration certificate and registration plates. The registrar
may not cancel the registration or reciprocity privileges for
any vehicle found in violation of seasonal load restrictions
imposed under section 169.87 unless the axle weight exceeds the
year-round weight limit for the highway on which the violation
occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why
all future operating privileges in the state should not be
revoked unless the additional tax assessed is paid.
(3) When the registration on a motor vehicle, trailer or
semi-trailer is revoked by the registrar according to provisions
of this section, the vehicle shall not be operated on the
highways of the state until it is registered or re-registered,
as the case may be, and new plates issued, and the registration
fee shall be the annual tax for the total gross weight of the
vehicle at the time of violation. The re-registration pursuant
to this subdivision of any vehicle operating under reciprocity
agreements pursuant to section 168.181 or 168.187 shall be at
the full annual registration fee without regard to the
percentage of vehicle miles traveled in this state.
Sec. 10. Minnesota Statutes 1984, section 169.833, is
amended to read:
169.833 [ADDITION OF TRUNK HIGHWAYS TO DESIGNATED ROUTE
SYSTEM; PRIORITY LIST.]
Subdivision 1. [PRIORITY LIST PREPARED.] (a) By December
31 of each odd-numbered year beginning in 1985, each highway
district must submit to the commissioner its list of identified
market arteries and recommended priorities for upgrading. The
priority list must be prepared in accordance with this section
by the district engineer in consultation with county and city
engineers in the district. Each district engineer must hold one
or more public meetings on the list and report to the
commissioner in detail how the district upgrading priority list
reflects testimony received in the public meetings.
(b) In making its priority list each district must consider
the priorities of counties, municipalities, regions and
adjoining districts. Each district must submit to the
commissioner a preliminary list of market arteries identified
for upgrading by September 1, 1985.
Subd. 2. [SELECTION OF MARKET ARTERIES.] The district
priority list must identify all market arteries and determine
those in need of upgrading. Roads considered for identification
as market arteries must include roads connecting Minnesota with
border states and provinces, roads connecting interstate
highways with state trunk highways, and roads connecting trunk
highways with one another. In determining the need for
upgrading market arteries, the district must consider shippers'
needs, community views, road conditions, regional development
plans and the plans of adjoining districts. In identifying
market arteries and determining the need for upgrading, the
district must give priority to roads serving communities without
access to rail service or a year-round, ten-ton route.
Subdivision 1 Subd. 3. [IDENTIFICATION OF PROJECTS.] The
commissioner shall develop a priority list of trunk highway
routes to be added to the system of routes designated under
section 169.832 improvements to upgrade market arteries
identified in the district priority lists developed under this
section. The commissioner shall consult with representatives of
the trucking, shipping, and agricultural industries and, local
authorities, and regional development commissions in developing
the list. A route shall be added to the designated route system
after completion of road improvements that provide road strength
adequate to carry the permissible weights under section 169.825
or when the commissioner otherwise determines that designation
of a route is reasonable In developing the list the commissioner
shall give highest priority to improvements that will eliminate
prohibitions or restrictions that interrupt year-round full
service on market arteries.
Subd. 2. [FUNDING OF ADDITIONS TO THE SYSTEM.] On July 1
of each year the commissioner of finance shall certify to the
commissioner the estimated increase in revenue to the trunk
highway fund resulting from the increase in the gasoline and
special fuel excise tax under section 296.02. The commissioner
shall expend 15 percent of the increase in revenue to the trunk
highway fund resulting from the increase in the gasoline and
special fuel excise tax under section 296.02 and 15 percent of
future increases in gasoline and special fuel excise tax
revenues to the trunk highway fund for the purposes of
subdivision 1. In the event that actual expenditures during any
fiscal year are less or greater than 15 percent when compared to
actual revenue the commissioner shall adjust his expenditures
for the purpose of subdivision 1 for the following years in
order to achieve compliance with this subdivision.
Sec. 11. Minnesota Statutes 1984, section 169.862, is
amended to read:
169.862 [PERMITS FOR WIDE LOADS OF BALED HAY AGRICULTURAL
PRODUCTS.]
The commissioner of transportation with respect to highways
under the commissioner's jurisdiction, and local authorities
with respect to highways under their jurisdiction, may issue an
annual permit to enable a vehicle carrying round baled hay bales
of agricultural products, with a total outside width of the
vehicle or the load not exceeding 11-1/2 feet, to be operated on
public streets and highways. Permits issued under this section
are governed by the applicable provisions of section 169.86
except as otherwise provided herein and, in addition, carry the
following restrictions:
(a) The vehicles may not be operated between sunset and
sunrise, when visibility is impaired by weather, fog, or other
conditions rendering persons and vehicles not clearly visible at
a distance of 500 feet, or on Saturdays, Sundays, and Sunday
from noon until sunset, or on the days the following holidays
are observed: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.
(b) The vehicles may not be operated on interstate highways.
(c) The vehicles may not be operated on a trunk highway
with a pavement less than 24 feet wide.
(d) A vehicle operated under the permit must be equipped
with a retractable or removable mirror on the left side so
located that it will reflect to the driver a clear view of the
highway for a distance of at least 200 feet to the rear of the
vehicle. Simultaneous flashing amber lights, as provided in
section 169.59, subdivision 4, must be displayed to the front
and rear of the vehicle. The flashing amber lights must be
lighted only when the width of the load exceeds 102 inches. The
flashing amber light system is in addition to and separate from
the turn signal system and the hazard warning light system.
(e) A vehicle operated under the permit must display red,
orange, or yellow flags, 12 18 inches square, as markers at the
front and rear and on both sides of the load. The load must be
securely bound to the transporting vehicle.
The fee for the permit is $24.
Sec. 12. Minnesota Statutes 1984, section 169.871, is
amended by adding a subdivision to read:
Subd. 7. [SHIPPER'S GOOD FAITH EXCEPTION.] The penalty
imposed by subdivision 1 shall not be imposed on a shipper who
in good faith ships goods or tenders goods for shipment in a
vehicle that does not exceed the maximum gross weight for which
the truck is licensed under section 168.013, subdivision 1e.
For purposes of this section, "good faith" means that (1)
the vehicle is licensed pursuant to section 168.013, subdivision
1e, (2) the operator of the vehicle is not under the control of
the shipper, (3) the operator has requested that the vehicle be
loaded to the maximum gross weight for which the vehicle is
licensed, and (4) the road leading from the shipper's immediate
place of shipment may be legally used for the allowed gross
weight of the vehicle with its legally maximum load.
Sec. 13. Minnesota Statutes 1984, section 169.872,
subdivision 1, is amended to read:
Subdivision 1. [RECORD KEEPING.] A person who weighs goods
before or after unloading or a person who loads or unloads goods
on the basis of liquid volume measure shall keep a written
record of the origin, weight and composition of each shipment,
the date of loading or receipt, the name and address of the
shipper, the total number of axles on the vehicle or combination
of vehicles, and the registration number of the power unit or
some other means of identification by which the shipment was
transported. The record shall be retained for 30 days and shall
be open to inspection and copying by a state law enforcement
officer or motor transport representative, except state
conservation officers, upon demand. No search warrant is
required to inspect or copy the record. This subdivision does
not apply to a person weighing goods who is not involved in the
shipping, receiving and transporting of those goods, or to a
person weighing raw and unfinished farm products transported in
a single unit vehicle with not more than three axles or by a
trailer towed by a farm tractor when the transportation is the
first haul of the product.
Sec. 14. Minnesota Statutes 1984, section 174A.06, is
amended to read:
174A.06 [CONTINUATION OF RULES OF PUBLIC SERVICE
COMMISSION, PUBLIC UTILITIES COMMISSION, AND DEPARTMENT OF
TRANSPORTATION.]
Orders and directives heretofore in force, issued or
promulgated by the public service commission, public utilities
commission, or the department of transportation under authority
of chapters 216A, 218, 219, and 221 remain and continue in force
and effect until repealed, modified, or superseded by duly
authorized orders or directives of the transportation regulation
board. Rules adopted by the public service commission, public
utilities commission or the department of transportation under
authority of the following sections are transferred to the
transportation regulation board and continue in force and effect
until repealed, modified, or superseded by duly authorized rules
of the transportation regulation board:
(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 or certificates of convenience
and necessity under section 221.031, subdivision 1;
(4) rules relating to the sale, assignment, pledge, or
other transfer of a stock interest in a corporation holding
authority to operate as a permit carrier as prescribed in
section 221.151, subdivision 1, or a local cartage carrier under
section 221.296, subdivision 8;
(5) rules relating to rates, charges, and practices under
section 221.161, subdivision 4; and
(6) rules relating to rates, tariffs, or the granting,
limiting, or modifying of permits under sections 221.121,
221.151, and 221.296 or certificates of convenience and
necessity under section 221.296, subdivision 2 221.071.
The board shall review the transferred rules, orders, and
directives and, when appropriate, develop and adopt new rules,
orders, or directives within 18 months of July 1, 1985.
Sec. 15. Minnesota Statutes 1984, section 221.011,
subdivision 13, is amended to read:
Subd. 13. "Interstate carrier" means any person engaged in
transporting property or passengers for hire in interstate
commerce in Minnesota, from or into Minnesota, or between any
point in the state of Minnesota and the Dominion of Canada.
Sec. 16. Minnesota Statutes 1984, section 221.011,
subdivision 25, is amended to read:
Subd. 25. "Courier services carrier" means any person who
offers expedited door-to-door transportation of packages and
articles less than 100 pounds in weight in vehicles with a
manufacturer's nominal rating capacity registered gross vehicle
weight and gross vehicle weight rating not exceeding one ton
15,000 pounds.
Sec. 17. Minnesota Statutes 1984, section 221.025, is
amended to read:
221.025 [EXEMPTIONS.]
Except as provided in sections 221.031 and 221.033, the
provisions of this chapter do not apply to the transportation
described below:
(a) the transportation of students to or from school or
school activities in a school bus inspected and certified under
section 169.451;
(b) the transportation of rubbish as defined in section
443.27;
(c) a commuter van as defined in section 221.011,
subdivision 27;
(d) authorized emergency vehicles as defined in section
169.01, subdivision 5, including ambulances, and tow trucks when
picking up and transporting disabled or wrecked motor vehicles
and when carrying proper and legal warning devices;
(e) the transportation of grain samples under conditions
prescribed by the board;
(f) the delivery of agricultural lime;
(g) the transportation of dirt and sod within an area
having a 50-mile radius from the home post office of the person
performing the transportation;
(h) a person while exclusively engaged in the
transportation of sand, gravel, bituminous asphalt mix, concrete
ready mix, concrete blocks or tile, or crushed rock to or from
the point of loading or a place of gathering within an area
having a 50-mile radius from that person's home post office or a
50-mile radius from the site of construction or maintenance of
public roads and streets;
(i) the transportation of pulpwood, cordwood, mining
timber, poles, posts, decorator evergreens, wood chips, sawdust,
shavings, and bark from the place where the products are
produced to the point where they are to be used or shipped;
(j) a person while engaged exclusively in transporting
fresh vegetables from farms to canneries or viner stations, from
viner stations to canneries, or from canneries to canneries
during the harvesting, canning, or packing season, or
transporting potatoes, sugar beets, wild rice, or rutabagas from
the field of production to the first place of delivery or
unloading, including a processing plant, warehouse, or railroad
siding;
(k) a person engaged in transporting property or freight,
other than household goods and petroleum products in bulk,
entirely within the corporate limits of a city or between
contiguous cities except as provided in section 221.296;
(l) the transportation of unprocessed dairy products in
bulk within an area having a 100-mile radius from the home post
office of the person providing the transportation;
(m) a person engaged in transporting agricultural,
horticultural, dairy, livestock, or other farm products within
an area having a 25-mile radius from the person's home post
office. The carrier may transport other commodities within the
25-mile radius if the destination of each haul is a farm. The
owner of a truck operating under this provision shall imprint
the owner's name and address in prominent visible letters on the
outside of the cab of the truck.
Sec. 18. Minnesota Statutes 1984, section 221.031,
subdivision 2, is amended to read:
Subd. 2. [PRIVATE CARRIERS.] (a) Private carriers
operating vehicles licensed and registered for a gross weight of
more than 12,000 pounds, shall comply with rules adopted under
this section applying to maximum hours of service of drivers,
safe operation of vehicles, equipment, parts and accessories,
leasing of vehicles or vehicles and drivers, and inspection,
repair, and maintenance.
(b) In addition to the requirements in paragraph (a),
private carriers operating vehicles licensed and registered for
a gross weight in excess of 26,000 pounds shall comply with
rules adopted under this section relating to driver
qualifications.
(c) The requirements as to driver qualifications and
maximum hours of service for drivers do not apply to private
carriers who are (1) public utilities as defined in section
216B.02, subdivision 4; (2) cooperative electric associations
organized under chapter 308; (3) telephone companies as defined
in section 237.01, subdivision 2; or (4) who are engaged in the
transportation of construction materials, tools and equipment
from shop to job site or job site to job site, for use by the
private carrier in the new construction, remodeling, or repair
of buildings, structures or their appurtenances.
(d) The driver qualification rule does and the hours of
service rules do not apply to vehicles controlled by a farmer
and operated by a farmer or farm employee to transport
agricultural products or farm machinery or supplies to or from a
farm if the vehicle is not used in the operations of a motor
carrier and not carrying hazardous materials of a type or
quantity that requires the vehicle to be marked or placarded in
accordance with section 221.033.
Sec. 19. Minnesota Statutes 1984, section 221.031,
subdivision 6, is amended to read:
Subd. 6. [VEHICLE IDENTIFICATION RULE.] The following
carriers shall comply with the vehicle identification rule of
the commissioner:
(1) motor carriers, regardless of the weight of the vehicle;
(2) private carriers operating vehicles licensed and
registered for a gross weight of 12,000 pounds or more; and
(3) vehicles providing transportation described in section
221.025 which are licensed and registered for a gross weight of
12,000 pounds or more except those providing transportation
described in section 221.025, clauses (a), (c), and (d).
The vehicle identification rule of the commissioner may not
be more stringent than the marking requirements imposed on
private carriers by the United States department of
transportation under Code of Federal Regulations, title 49,
section 397.21, clauses (b) and (c).
Vehicles described in clauses (2) and (3) that are operated
by farmers or farm employees and have four or fewer axles are
not required to comply with the vehicle identification rule of
the commissioner.
Sec. 20. Minnesota Statutes 1984, section 221.033, is
amended to read:
221.033 [REGULATION OF HAZARDOUS MATERIALS.]
Subdivision 1. [REQUIREMENTS.] Except as provided in
subdivisions 2 and 3, no person may transport or have
transported or shipped within the state of Minnesota a hazardous
material, hazardous substance, or hazardous waste except in
compliance with United States Code, title 49, sections 1801 to
1811 and the provisions of Code of Federal Regulations, title
49, sections 171 to 199.
Subd. 2. [EXCEPTION.] Farmers or their employees
transporting diesel fuel, gasoline, agricultural chemicals, or
agricultural fertilizers for use on the transporter's farm are
not required to comply with the driver qualification rules of
the commissioner or with the shipping paper requirements of the
Code of Federal Regulations, title 49, parts 172.200 and 177.817
or with part 397.7(B) or 397.9(A) of the Federal Motor Carrier
Safety Regulations when:
(1) transporting diesel fuel or gasoline in motorized tank
truck vehicles of less than 1,500 gallon capacity owned by the
transporter, or in tanks securely mounted in other motor
vehicles with a gross vehicle weight of less than 12,000 pounds
and owned by the transporter; or
(2) transporting agricultural chemicals and agricultural
fertilizers.
Subd. 3. [VARIANCE, RULES.] The commissioner shall adopt
rules which provide a procedure for granting a variance from
those regulations adopted under subdivision 1 which prescribe
specifications for tank motor vehicles used to transport
gasoline. The variance may be granted only to persons who
transport gasoline in tank motor vehicles with a capacity of
3,000 gallons or less which were manufactured between 1950 and
1975 according to American society of mechanical engineers
specifications in effect at the time of manufacture. The
commissioner shall prescribe alternative requirements to assure
the safety of the tank motor vehicles operated under the
variance, and shall register each tank motor vehicle operated
under the variance.
Sec. 21. Minnesota Statutes 1984, section 221.131, is
amended by adding a subdivision to read:
Subd. 6. [COURIER SERVICE CARRIERS; IDENTIFICATION CARDS.]
The commissioner shall issue distinct annual identification cab
cards for vehicles that provide courier service under a permit
issued by the board. A courier service identification cab card
may not be issued for a vehicle that has a registered gross
vehicle weight or gross vehicle weight rating in excess of
15,000 pounds.
Sec. 22. Minnesota Statutes 1984, section 221.161,
subdivision 1, is amended to read:
Subdivision 1. [FILING; HEARING UPON BOARD INITIATIVE.]
Every permit carrier, including a livestock carrier but not
including a local cartage carrier, shall file and maintain with
the commissioner a schedule of tariff showing rates and charges
for the transportation of persons or property. The filing with
and acceptance by the commissioner of these tariffs, in
accordance with the rules relating to the schedules tariffs,
constitutes notice to the public and interested parties of the
contents of the tariffs. Schedules Tariffs must be prepared and
filed in accordance with the rules and regulations of the
commissioner. The commissioner shall not accept for filing
schedules tariffs which are unjust and unreasonable or unjustly
discriminatory or unduly preferential or prejudicial or
otherwise in violation of the provisions of this section. If
the schedules tariffs appear to be unjust or unreasonable or
unjustly discriminatory or unduly preferential or prejudicial or
otherwise in violation of this section, the board after
notification and investigation by the department may suspend and
postpone the effective date of the schedules tariffs and assign
the schedules tariffs for hearing upon notice to the permit
carrier filing the proposed schedules 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 permit carrier filing the proposed
schedule of rates and charges tariff to sustain the validity of
the proposed schedule of rates and charges. Schedules of rates
and charges Tariffs for the transportation of livestock are not
subject to rejection, suspension, or postponement by the board,
except as provided in subdivisions 2 and 3. 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 board commissioner.
Sec. 23. Minnesota Statutes 1984, section 221.185,
subdivision 4, is amended to read:
Subd. 4. [FAILURE TO COMPLY.] Except as provided in
subdivision 5a, failure to comply with the requirements of
sections 221.141 and 221.296 relating to bonds and insurance,
221.131 relating to permit renewal, 221.071, 221.131, or 221.296
relating to annual vehicle registration or permit renewal, or to
request a hearing within 45 days of the date of suspension, is
deemed an abandonment of the motor carrier's permit or
certificate and the permit or certificate must be canceled by
the commissioner.
Sec. 24. Minnesota Statutes 1984, section 221.185, is
amended by adding a subdivision to read:
Subd. 5a. [REINSTATEMENT AFTER CANCELLATION.] A motor
carrier whose permit or certificate is canceled for failure to
comply with sections 221.141 and 221.296 relating to bonds and
insurance may ask the board to review the cancellation. Upon
review, the board shall rescind the cancellation if: (1) the
motor carrier presents evidence showing that before the
effective date of the notice of cancellation issued under
section 221.185, subdivision 5, the motor carrier had obtained
and paid for the insurance required by sections 221.141 and
221.296, and the rules of the commissioner, and (2) the
commissioner informs the board that the motor carrier has
complied with the requirements of sections 221.141 and 221.296
and the rules of the commissioner.
Sec. 25. Minnesota Statutes 1984, section 221.231, is
amended to read:
221.231 [RECIPROCAL AGREEMENTS.]
The commissioner may enter into reciprocal agreements with
the regulatory bodies of other states and the provinces of the
Dominion of Canada, whereby the payment of the vehicle fee fees
provided in section 221.131 hereof 27 may be waived in whole or
in part as to residents of or corporations or partnerships for
motor carriers having an established place of business in
the that state or province, entering into the reciprocal
agreement with the commissioner,; provided that reciprocal
privileges are extended under such the agreement to residents
motor carriers of this state and to corporations or partnerships
who have an established place of business in this state.
Sec. 26. Minnesota Statutes 1984, section 221.291,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATION.] Except as provided in
subdivisions 3 and 4, a person who commits, procures, aids or
abets or conspires to commit, or attempts to commit, aid or abet
in the violation of a provision of this chapter or a valid order
or rule of the commissioner or board issued hereunder, whether
individually or in connection with one or other more persons or
as principal, agent, or accessory, shall be guilty of a
misdemeanor, and every person who falsely, fraudulently,
forcibly, or willfully induces, causes, coerces, requires,
permits, or directs another to violate a provision of this
chapter, is likewise guilty of a misdemeanor. Every distinct
violation is a separate offense.
Sec. 27. [221.60] [REGISTRATION OF INTERSTATE CARRIERS.]
Subdivision 1. [PROCEDURE.] A motor carrier may transport
persons or property for hire in interstate commerce in Minnesota
only if it first:
(1) complies with section 221.141;
(2) either registers with the commissioner the Interstate
Commerce Commission operating authority that it intends to
exercise, or registers and describes the transportation it
performs under an exemption contained in the Interstate Commerce
Act, United States Code, title 49; and
(3) purchases an interstate identification stamp or an
interstate registration trip permit for each vehicle to be used
in interstate transportation in Minnesota.
Subd. 2. [FORM AND FEES.] A motor carrier engaged in
interstate commerce shall register its interstate transportation
authority or exemption before February 1 of each year on a form
prescribed by the commissioner. The fee for the initial
registration is $25. The fee for each identification stamp is
$5; however, a lesser fee may be collected pursuant to a
reciprocal agreement authorized by section 28. No fee may be
collected from a local cartage carrier that provides interstate
transportation only within the zone described in United States
Code, title 49, section 10526(b)(1)(1984). A local cartage
carrier shall register its interstate transportation each year
when it pays the local cartage carrier permit or annual renewal
fee.
Subd. 3. [FAILURE TO REGISTER.] Failure to register for
three consecutive years cancels the carrier's registration. The
commissioner must give 30 days notice of the cancellation to the
carrier at the carrier's last known address.
Subd. 4. [CAB CARD.] A carrier required to register under
this section shall obtain the National Association of Regulatory
Utility Commissioners cab card described in Code of Federal
Regulations, title 49, section 1023.36, and affix the stamp to
the cab card. A cab card bearing a current Minnesota interstate
identification stamp must be carried in the cab of a vehicle
operated for hire in interstate commerce in Minnesota.
Subd. 5. [TEMPORARY INTERSTATE REGISTRATION.] An
interstate registration trip permit valid for ten days from the
date of issue may be issued to a motor carrier engaged in
interstate commerce that:
(1) complies with section 221.141;
(2) either registers its interstate operating authority or
registers and describes the transportation it performs under an
exemption contained in the Interstate Commerce Act, United
States Code, title 49; and
(3) pays a state fee of $5 for each permit.
Subd. 6. [TRANSFER OF AUTHORIZATION DOCUMENT.] A motor
carrier engaged in interstate commerce may not transfer or sell
or allow another carrier to use its interstate identification
stamp, its interstate registration trip permit, or its cab
card. However, a cab card and identification stamp may be
transferred to a leased vehicle operated under the authority of
the motor carrier to whom the cab card and identification stamp
were issued.
Sec. 28. Minnesota Statutes 1984, section 221.65, is
amended to read:
221.65 [RECIPROCAL AGREEMENTS.]
Nothing in sections 221.61 to 221.68 this chapter shall be
construed to impair the authority of the commissioner to enter
into reciprocal agreements with the regulatory bodies of other
states and the provinces of the Dominion of Canada, as provided
in section 221.231.
For the purposes of section 221.231, the commissioner shall
be deemed to be the successor of the department of public
service. The commissioner may exercise any power, duty or
function heretofore conferred by law or agreement upon the
department of public service to the extent necessary to preserve
any reciprocal agreement heretofore concluded under the
provisions of section 221.231. Nothing in this section shall be
construed to prevent the negotiation of new or replacement
agreements as conditions and circumstances may warrant.
Sec. 29. Minnesota Statutes 1984, section 221.67, is
amended to read:
221.67 [SERVICE OF PROCESS.]
The use of any of the public highways of this state for the
transportation of persons or property for compensation by a
motor carrier in interstate commerce shall be deemed an
irrevocable appointment by the carrier of the secretary of state
to be his true and lawful attorney upon whom may be served all
legal process in any action or proceeding brought under section
221.66 this chapter against him or his executor, administrator,
personal representative, heirs, successors or assigns. This use
is a signification of agreement by the interstate motor carrier
that any process in any action against him or his executor,
administrator, personal representative, heirs, successors, or
assigns which is so served shall be of the same legal force and
validity as if served upon him personally. Service shall be
made by serving a copy thereof upon the secretary of state or by
filing a copy in his office, together with payment of a fee of
$15, and the service shall be sufficient service upon the absent
motor carrier if notice of the service and a copy of the process
are within ten days thereafter sent by mail by the plaintiff to
the defendant at his last known address and the plaintiff's
affidavit of compliance with the provisions of this section and
sections 221.61 to 27, 221.65, and 221.68 is attached to the
summons.
Sec. 30. Minnesota Statutes 1984, section 221.68, is
amended to read:
221.68 [VIOLATIONS; PENALTIES.]
Any person who violates or procures, aids, or abets
violation of, or fails to comply with, the provisions of
sections 221.61 to 221.68 27 to 29 or any valid order or rule of
the commissioner or board issued hereunder shall be guilty of a
misdemeanor; and, additionally, shall be subject to a penalty of
$50 for each and every day of such failure to so comply, to be
recovered for the state in a civil action. Each distinct
violation shall be a separate offense.
Sec. 31. Minnesota Statutes 1984, section 221.81,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the terms used in this section have the meanings given
them in this subdivision.
(a) "Building mover" means a person, corporation, or other
entity who raises, supports off the foundation, and moves
buildings on and over public streets and highways. Building
mover does not include a person who moves manufactured homes or
modular homes, farmers moving their own farm buildings, or
persons moving buildings which are less than 16 feet wide by 20
feet long.
(b) "Political subdivision" means a city, town, or county.
(c) "Road authority" has the meaning given it in section
160.02, subdivision 9.
Sec. 32. Minnesota Statutes 1984, section 505.18, is
amended to read:
505.18 [MINNESOTA COORDINATE SYSTEM.]
The system of plane coordinates which has been established
by the National Ocean Survey/National Geodetic Survey, formerly
the United States Coast and Geodetic Survey or its successors,
for defining and stating the geographic positions or locations
of points on the surface of the earth within the state of
Minnesota is hereafter to be known and designated as the
"Minnesota Coordinate System of 1927 and the Minnesota
Coordinate System of 1983."
For the purpose of the use of this system the state is
divided into a "North Zone," a "Central Zone," and a "South
Zone."
The area now included in the following counties shall
constitute the North Zone: Beltrami, Clearwater, Cook, Itasca,
Kittson, Koochiching, Lake, Lake of the Woods, Mahnomen,
Marshall, Norman, Pennington, Polk, Red Lake, Roseau, and Saint
Louis.
The area now included in the following counties shall
constitute the Central Zone: Aitkin, Becker, Benton, Carlton,
Cass, Chisago, Clay, Crow Wing, Douglas, Grant, Hubbard, Isanti,
Kanabec, Mille Lacs, Morrison, Otter Tail, Pine, Pope, Stearns,
Stevens, Todd, Traverse, Wadena, and Wilkin.
The area now included in the following counties shall
constitute the South Zone: Anoka, Big Stone, Blue Earth, Brown,
Carver, Chippewa, Cottonwood, Dakota, Dodge, Faribault,
Fillmore, Freeborn, Goodhue, Hennepin, Houston, Jackson,
Kandiyohi, Lac qui Parle, Le Sueur, Lincoln, Lyon, McLeod,
Martin, Meeker, Mower, Murray, Nicollet, Nobles, Olmsted,
Pipestone, Ramsey, Redwood, Renville, Rice, Rock, Scott,
Sherburne, Sibley, Steele, Swift, Wabasha, Waseca, Washington,
Watonwan, Winona, Wright, and Yellow Medicine.
Sec. 33. Minnesota Statutes 1984, section 505.19, is
amended to read:
505.19 [ZONES; LAND DESCRIPTIONS.]
As established for use in the North Zone, the Minnesota
Coordinate System of 1927 or the Minnesota Coordinate System of
1983 shall be named, and in any land description in which it is
used it shall be designated, the "Minnesota Coordinate System of
1927, North Zone or the Minnesota Coordinate System of 1983,
North Zone."
As established for use in the Central Zone, the Minnesota
Coordinate System of 1927 or the Minnesota Coordinate System of
1983 shall be named, and in any land description in which it is
used it shall be designated, the "Minnesota Coordinate System of
1927, Central Zone or the Minnesota Coordinate System of 1983,
Central Zone."
As established for use in the South Zone, the Minnesota
Coordinate System of 1927 or the Minnesota Coordinate System of
1983 shall be named, and in any land description in which it is
used it shall be designated, the "Minnesota Coordinate System of
1927, South Zone or the Minnesota Coordinate System of 1983,
South Zone."
Sec. 34. Minnesota Statutes 1984, section 505.20, is
amended to read:
505.20 [X- AND Y-COORDINATES.]
The plane coordinates of coordinate values for a point on
the earth's surface, to be used in expressing to express the
geographic position or location of such point in the appropriate
zone of this system, shall consist of two distances, expressed
in U.S. Survey feet and decimals of a foot when using the
Minnesota Coordinate System of 1927 and expressed in meters and
decimals of a meter when using the Minnesota Coordinate System
of 1983. One of these distances, to be known as the
"x-coordinate," shall give the position in an east-and-west
direction; the other, to be known as the "y-coordinate," shall
give the position in a north-and-south direction. These
coordinates shall be made to depend upon and conform to the
coordinates, on the Minnesota Coordinate System, of the
triangulation and traverse stations of the United States Coast
and Geodetic Survey within the state of Minnesota, as those
coordinates have been determined by the said Survey plane
rectangular coordinate values for the monumented horizontal
control stations of the North American Horizontal Geodetic
Control Network as published by the National Ocean
Survey/National Geodetic Survey (NOS/NGS) or its successors and
whose plane coordinates have been computed on the systems
defined in this chapter. The station may be used for
establishing a survey connection to either Minnesota Coordinate
System, 1927 or 1983.
Sec. 35. Minnesota Statutes 1984, section 505.22, is
amended to read:
505.22 [DEFINITION OF MINNESOTA COORDINATE SYSTEM SYSTEMS
DEFINED.]
(a) For purposes of more precisely defining the Minnesota
Coordinate System of 1927, the following definition by
the United States Coast and National Ocean Survey/National
Geodetic Survey is adopted:
The Minnesota Coordinate System of 1927, North Zone, is a
Lambert conformal conic projection of the Clarke spheroid of
1866, having standard parallels at north latitudes 47 degrees 02
minutes and 48 degrees 38 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 93 degrees 06 minutes west of
Greenwich and the parallel 46 degrees 30 minutes north latitude.
This origin is given the coordinates: x equals 2,000,000 feet
and y equals 0 feet.
The Minnesota Coordinate System of 1927, Central Zone, is a
Lambert conformal conic projection of the Clarke spheroid of
1866, having standard parallels at north latitudes 45 degrees 37
minutes and 47 degrees 03 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 94 degrees 15 minutes west of
Greenwich and the parallel 45 degrees 00 minutes north latitude.
This origin is given the coordinates: x equals 2,000,000 feet
and y equals 0 feet.
The Minnesota Coordinate System of 1927, South Zone, is a
Lambert conformal conic projection of the Clarke spheroid of
1866, having standard parallels at north latitudes 43 degrees 47
minutes and 45 degrees 13 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 94 degrees 00 minutes west of
Greenwich with the parallel 43 degrees 00 minutes north
latitude, such origin being given the coordinates: x equals
2,000,000 feet and y equals 0 feet.
(b) The position of the Minnesota Coordinate System shall
be as marked on the ground by triangulation or traverse stations
established in conformity with standards adopted by the United
States Coast and Geodetic Survey for first-order and
second-order work, whose geodetic positions have been rigidly
adjusted on the North American datum of 1927, and whose
coordinates have been computed on the system herein defined. Any
such station may be used for establishing a survey connection
with the Minnesota Coordinate System For purposes of more
precisely defining the Minnesota Coordinate System of 1983, the
following definition by the National Ocean Survey/National
Geodetic Survey is adopted:
The Minnesota Coordinate System of 1983, North Zone, is a
Lambert conformal conic projection of the North American
Geocentric Datum of 1983, having standard parallels at north
latitudes 47 degrees 02 minutes and 48 degrees 38 minutes, along
which parallels the scale shall be exact. The origin of
coordinates is at the intersection of the meridian 93 degrees 06
minutes west of Greenwich with the parallel 46 degrees 30
minutes north latitude. This origin is given the coordinates:
x equals 800,000 meters and y equals 100,000 meters.
The Minnesota Coordinate System of 1983, Central Zone, is a
Lambert conformal conic projection of the North American
Geocentric Datum of 1983, having standard parallels at north
latitudes 45 degrees 37 minutes and 47 degrees 03 minutes, along
which parallels the scale shall be exact. The origin of
coordinates is at the intersection of the meridian 94 degrees 15
minutes west of Greenwich with the parallel 45 degrees 00
minutes north latitude. This origin is given the coordinates:
x equals 800,000 meters and y equals 100,000 meters.
The Minnesota Coordinate System of 1983, South Zone, is a
Lambert conformal conic projection of the North American
Geocentric Datum of 1983, having standard parallels at North
latitudes 43 degrees 47 minutes and 45 degrees 13 minutes, along
which parallels the scale shall be exact. The origin of
coordinates is at the intersection of the meridian 94 degrees 00
minutes west of Greenwich with the parallel 43 degrees 00
minutes north latitude. This origin is given the coordinates:
x equals 800,000 meters and y equals 100,000 meters.
Sec. 36. Minnesota Statutes 1984, section 505.23, is
amended to read:
505.23 [WHERE COORDINATES RECORDED.]
No coordinates based on the Minnesota Coordinate System,
purporting to define the position of a point on a land boundary,
shall be presented to be recorded in any public land records or
deed records unless such point is within one-half mile of a
triangulation or traverse horizontal control station established
in conformity with the standards prescribed in section 505.25
505.20; provided that said one-half mile limitation may be
modified by a duly authorized state agency to meet local
conditions.
Sec. 37. Minnesota Statutes 1984, section 505.24, is
amended to read:
505.24 [LIMITATION OF USE.]
The use of the term "Minnesota Coordinate System of 1927,
North, Central, or South Zone or Minnesota Coordinate System of
1983, North, Central, or South Zone" on any map, report of
survey, or other document, shall be limited to coordinates based
on the Minnesota Coordinate System as defined in this chapter.
Sec. 38. [505.28] [LAST USE OF 1927 COORDINATE SYSTEM.]
The Minnesota Coordinate System of 1927 must not be used
after December 31, 1992. The Minnesota Coordinate System of
1983 is the sole coordinate system that may be used after that
date.
Sec. 39. Laws 1979, chapter 280, section 2, as amended by
Laws 1982, chapter 617, section 25, is amended to read:
Sec. 2. [APPROPRIATION.] Subdivision 1. $52,000,000, or
so much thereof as is determined to be needed, is appropriated
from the Minnesota state transportation fund to the department
of transportation to be expended for disbursement in the form of
grants by the commissioner of transportation for construction
and reconstruction of key bridges on the state transportation
system and shall be allocated pursuant to subdivisions 2 and 3.
The appropriation shall not lapse, but shall remain available
until expended.
Subd. 2. $50,000,000 or so much thereof as is needed, is
available for expenditure at a rate not exceeding $12,500,000
per fiscal year for grants to political subdivisions for
construction and reconstruction of key bridges on highways,
streets and roads under their jurisdiction. The grants shall
not exceed the following aggregate amounts:
(1) To counties....$8,500,000 $11,500,000
(2) To home rule charter and statutory
cities....$1,000,000 $1,500,000
(3) To towns....$21,000,000
Additional grants may be made in an aggregate amount not to
exceed $19,500,000 $16,500,000 to the political subdivisions to
match federal-aid grants for construction and reconstruction of
key bridges under their jurisdiction. Appropriations made in
subdivisions 1, 2, or 3 may also be used for the following
purposes:
(1) The costs of abandoning an existing bridge that is
deficient and is in need of replacement, but where no
replacement will be made.
(2) The costs of constructing a road or street that would
facilitate the abandonment of an existing bridge determined to
be deficient. The construction of the road or street must be
judged to be more cost efficent than the reconstruction or
replacement of the existing bridge.
Subd. 3. An additional amount not to exceed
$2,000,000 $1,500,000 is available for grants for preliminary
engineering and environmental studies pursuant to section 3.
Sec. 40. [SPECIAL PERMIT.]
Subdivision 1. [PERMIT TO BE ISSUED.] Notwithstanding any
law to the contrary the commissioner of transportation shall
issue one special permit authorizing the operation for testing
purposes of a three vehicle combination consisting of a motor
vehicle, a "motorized hitch" and a trailer. The permit is valid
for one year from the date of issuance. The annual fee for the
permit is $30. The permit is subject to all applicable
provisions of Minnesota Statutes 1984, section 169.86, except as
otherwise provided in this subdivision. The holder of the
permit is responsible for all liability for personal injury,
property damage or time lost, which may occur as a result of the
operation of the combination for which the permit is issued, and
must, if a claim is made against the state or a department,
division officer or employee thereof arising from such
operation, defend, indemnify and hold them harmless.
Subd. 2. [REPEALER.] This section is repealed July 31,
1986.
Sec. 41. [161.1231] [PARKING FACILITIES FOR I-394.]
Subdivision 1. [AUTHORITY TO CONSTRUCT.] Notwithstanding
section 161.123 or any other law, the commissioner may acquire
land by purchase, gift, or eminent domain for parking facilities
described in this section and may construct, operate, repair,
and maintain parking facilities primarily to serve vehicles
traveling the route in the interstate highway system described
in section 161.123, clause (2), also known as I-394. Other
vehicles may use the parking facilities when space is available.
Subd. 2. [RULES AND PROCEDURES.] The commissioner shall
adopt rules and establish procedures for the operation and use
of the parking facilities. The rules are exempt from the
requirements of chapter 14. A copy of the rules that regulate
use of the facilities by drivers must be posted in each parking
facility. The rules must:
(1) establish incentives, which must include preferential
parking locations, to encourage drivers of vehicles that travel
I-394 and that are occupied by two or more persons to use the
facilities;
(2) define peak travel hours and provide that during peak
travel hours single-occupant vehicles be charged a surcharge to
bring the parking fee for those vehicles to approximately the
same level as parking fees charged in the private parking ramps
located in Minneapolis;
(3) provide preferential parking locations for vehicles
licensed and operated under section 168.021;
(4) establish application, permit, and use requirements;
and
(5) provide for removal and impoundment of vehicles and
assessment of a service fee on vehicles parked in violation of
this section and the rules adopted under it.
Subd. 3. [FEDERAL AID.] The commissioner may cooperate
with the federal government or any agency of the federal
government and may comply with the law of the United States and
regulations adopted under those laws so that federal money
available for construction of parking ramps described in the
Surface Transportation Assistance Act of 1982, section 127, may
be obtained.
Subd. 4. [AGREEMENTS; LEASES.] (a) The commissioner may
make agreements with or may lease the parking facilities to the
city of Minneapolis or to a private party. The agreement or
lease may allow the city of Minneapolis or private party to
operate the facilities according to the commissioner's rules and
procedures and to collect the fees established by the
commissioner. The commissioner shall require a private operator
to obtain liability insurance in an amount prescribed by the
commissioner to insure the operator and the state against all
claims occurring because of the existence of the agreement or
lease. The agreement may provide for reasonable compensation.
(b) The commissioner may negotiate the agreement or lease
without requiring competitive bids. The terms of an agreement
or lease must be approved by the federal agency that grants
money for the construction of the facilities.
Subd. 5. [FEES.] The commissioner shall establish and
collect fees for use of the parking facilities. The fees must
be established and adjusted in compliance with United States
Code, title 23, section 137, and are not subject to Minnesota
Statutes, chapter 14, including section 14.38, subdivisions 5 to
9, or section 16A.128.
Subd. 6. [ENFORCEMENT.] This section must be enforced in
the same manner as parking ordinances or laws are enforced in
Minneapolis. The commissioner may revoke the permit or refuse
to issue a permit to a person who repeatedly violates
subdivision 7 or the rules of the commissioner.
Subd. 7. [PROHIBITION.] A person may not park a motor
vehicle in a parking facility described in subdivision 1 except
in compliance with subdivision 5 and the rules of the
commissioner adopted under subdivision 2. Violation of this
subdivision is a misdemeanor.
Subd. 8. [SPECIAL ACCOUNT.] Fees collected by the
commissioner under this section must be deposited in the state
treasury and credited to a special account. Money in the
account is appropriated to the commissioner to operate, repair,
and maintain the parking facilities and the high occupancy
vehicle lanes on I-394.
Subd. 9. [LOAN BY MINNEAPOLIS.] Notwithstanding the
provisions of any statute or home rule charter to the contrary,
the city of Minneapolis may incur indebtedness and may issue and
sell bonds and other obligations pledging the full faith and
credit of the city to its payment for the purpose of loaning and
may loan money to the commissioner for deposit in the state
treasury to the credit of the trunk highway fund in an amount
sufficient for the construction of parking facilities described
in subdivision 1 without submitting the question of the issuance
of the bonds to the electors. Except as provided in this
subdivision, the bonds shall be issued and sold according to the
provisions of chapter 475. When funds are received by the state
from federal aid allotted to the construction of the parking
facilities described in subdivision 1, the commissioner must pay
those funds to the city from the trunk highway fund together
with any interest or inflation adjustment thereon which is
included in the federal aid.
Subd. 10. [LOCAL APPROVAL.] Subdivisions 1 to 8 are
effective the day following final enactment. Subdivision 9 is
effective the day after compliance with Minnesota Statutes,
section 645.021, subdivision 3, by the governing body of the
city of Minneapolis.
Sec. 42. [STUDY.]
The transportation committees of the senate and of the
house of representatives, the subcommittee on agriculture,
transportation and semi-state agencies of the senate finance
committee and the division on agriculture, transportation and
semi-state agencies of the house of representatives
appropriations committee, shall jointly study:
(1) appropriate sizes and weights of vehicles and
combinations on streets and highways in the state;
(2) the economic effects of current and proposed limits on
sizes and weights; and
(3) the expenditure and revenue implications of current and
proposed limits on sizes and weights.
The study shall utilize existing staff of the committees
conducting the study. The committees shall jointly report to
the legislature on the results of the study by January 15, 1986.
Sec. 43. [REPEALER.]
Minnesota Statutes 1984, sections 221.296, subdivision 2;
221.61; 221.62; 221.63; 221.64; and 221.66, are repealed.
Section 7 is repealed January 1, 1988.
Sec. 44. [EFFECTIVE DATE.]
Sections 1, 2, 8, 9, 12, 13, 14, 17, 18, 19, 20, 23, 24,
25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
and 42 are effective the day following final enactment. Section
3 is effective June 1, 1985. Section 4 is effective January 1,
1988. Sections 5, 6, and 7 are effective January 1, 1986.
Approved June 5, 1985
Official Publication of the State of Minnesota
Revisor of Statutes