Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 298-S.F.No. 598
An act relating to transportation; establishing state
transportation goals and requiring periodic revisions
of the state transportation plan; directing a study of
rail-highway grade crossings; establishing penalties
for violations of grade crossing safety laws;
authorizing the commissioner of transportation to make
grants and loans for the improvement of commercial
navigation facilities; establishing special categories
of roads and highways; authorizing local units of
government to advance funds for the completion of
highway projects; creating a transportation services
fund; specifying percentage of unrefunded motor fuel
tax revenue that is attributable to use on forest
roads; authorizing the use of local bridge grant funds
to construct drainage structures; requiring a report
on metropolitan transportation development and transit
development consistent with the report; creating a
light rail transit joint powers board; establishing a
paratransit advisory council; authorizing
transportation research; directing a study of highway
corridors; creating a transportation study board and
specifying duties; appropriating money; amending
Minnesota Statutes 1990, sections 103G.301, by adding
a subdivision; 162.02, subdivision 3a; 162.09,
subdivision 3a; 162.14, subdivision 6, and by adding a
subdivision; 169.26; 171.01, by adding a subdivision;
171.02, subdivision 2; 171.10, subdivision 2; 171.13,
subdivisions 1, 5, and by adding a subdivision;
173.13, subdivision 4; 174.01; 174.03, subdivision 2,
and by adding a subdivision; 219.074, by adding a
subdivision; 219.402; 221.033, by adding a
subdivision; 296.16, subdivision 1a; 296.421,
subdivision 8; 299D.03, subdivision 5; 473.373,
subdivision 4a; Laws 1990, chapter 610, article 1,
section 13, subdivision 5; proposing coding for new
law in Minnesota Statutes, chapters 3; 160; 161; 162;
171; 219; and 473; proposing coding for new law as
Minnesota Statutes, chapter 457A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION PLANNING
Section 1. Minnesota Statutes 1990, section 174.01, is
amended to read:
174.01 [CREATION; POLICY.]
Subdivision 1. [DEPARTMENT CREATED.] In order to provide a
balanced transportation system, which system includes including
aeronautics, highways, motor carriers, ports, public transit,
railroads and pipelines, a department of transportation is
created. The department shall be is the principal agency of the
state for development, implementation, administration,
consolidation, and coordination of state transportation
policies, plans and programs.
Subd. 2. [TRANSPORTATION GOALS.] The goals of the state
transportation system are as follows:
(1) to provide safe transportation for users throughout the
state;
(2) to provide multimodal and intermodal transportation
that enhances mobility and economic development and provides
access to all persons and businesses in Minnesota while ensuring
that there is no undue burden placed on any community;
(3) to provide a reasonable travel time for commuters;
(4) to provide for the economical, efficient, and safe
movement of goods to and from markets by rail, highway, and
waterway;
(5) to encourage tourism by providing appropriate
transportation to Minnesota facilities designed to attract
tourists;
(6) to provide transit services throughout the state to
meet the needs of transit users;
(7) to promote productivity through system management and
the utilization of technological advancements;
(8) to maximize the benefits received for each state
transportation investment;
(9) to provide funding for transportation that, at a
minimum, preserves the transportation infrastructure;
(10) to ensure that the planning and implementation of all
modes of transportation are consistent with the environmental
and energy goals of the state;
(11) to increase high occupancy vehicle use;
(12) to provide an air transportation system sufficient to
encourage economic growth and allow all regions of the state the
ability to participate in the global economy;
(13) to increase transit use in the urban areas by giving
highest priority to the transportation modes with the greatest
people moving capacity; and
(14) to promote and increase bicycling as an
energy-efficient, nonpolluting, and healthful transportation
alternative.
Sec. 2. Minnesota Statutes 1990, section 174.03, is
amended by adding a subdivision to read:
Subd. 1a. [REVISION OF STATE TRANSPORTATION PLAN.] The
commissioner shall revise the state transportation plan by July
1, 1993, and by July 1 of each odd-numbered year thereafter.
Before final adoption of a revised plan, the commissioner shall
hold a hearing to receive public comment on the plan. The
revised state transportation plan must:
(1) incorporate the goals of the state transportation
system in section 174.01; and
(2) establish objectives, policies, and strategies for
achieving those goals.
Sec. 3. Minnesota Statutes 1990, section 174.03,
subdivision 2, is amended to read:
Subd. 2. [IMPLEMENTATION OF PLAN.] After the adoption and
each revision of the statewide transportation plan, the
commissioner and the transportation regulation board shall take
no action inconsistent with that the revised plan.
ARTICLE 2
RAILROAD CROSSINGS
Section 1. [RAIL-HIGHWAY CROSSING IMPROVEMENT.]
Subdivision 1. [STATE RAIL CORRIDOR AND RAIL CROSSING
SAFETY STUDY.] The commissioner of transportation shall conduct
a study of railroad-highway grade crossing safety and
improvement in Minnesota.
Subd. 2. [CONTENT OF STUDY.] The study must include:
(1) a method of determining the relative benefits of grade
crossing warning and improvement to the railroad, to the road
authority, and to the public, and cost-sharing guidelines;
(2) funding sources for grade crossing warning and
improvement;
(3) grade crossing safety research needs;
(4) recommendations for statutory changes to improve grade
crossing safety;
(5) the adequacy of existing and proposed methods of grade
crossing safety, including:
(i) train visibility;
(ii) signal and warning device design;
(iii) a public reporting system for malfunctioning warning
devices;
(iv) improved systems of crossing warnings; and
(v) recommendations for additional funds for rail crossing
safety education; and
(6) methods for establishing statewide priorities for grade
crossing safety and for implementing these priorities.
Subd. 3. [REPORT.] The commissioner shall report to the
governor and legislature no later than February 1, 1992, on the
results of the study.
Sec. 2. Minnesota Statutes 1990, section 169.26, is
amended to read:
169.26 [SPECIAL STOPS AT RAILROADS.]
Subdivision 1. [REQUIREMENTS.] (a) When any person driving
a vehicle approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver shall stop
the vehicle not less than ten feet from the nearest railroad
track and shall not proceed until safe to do so. These
requirements apply when:
(1) a clearly visible electric or mechanical signal device
warns of the immediate approach of a railroad train;
(2) a crossing gate is lowered warning of the immediate
approach or passage of a railroad train; or
(3) an approaching railroad train is plainly visible and is
in hazardous proximity.
(b) The fact that a moving train approaching a railroad
grade crossing is visible from the crossing is prima facie
evidence that it is not safe to proceed.
(c) The driver of a vehicle shall stop and remain standing
stopped and not traverse the grade crossing when a human flagger
signals the approach or passage of a train. No person may drive
a vehicle past a flagger at a railroad crossing until the
flagger signals that the way is clear to proceed.
Subd. 1a. [VIOLATION.] A police officer may arrest the
driver of a motor vehicle if the police officer has probable
cause to believe that the driver has operated the vehicle in
violation of subdivision 1 within the past four hours.
Subd. 2. [PENALTY.] (a) A person driver who violates this
section subdivision 1 is guilty of a misdemeanor.
(b) The owner or, in the case of a leased vehicle, the
lessee of a motor vehicle is guilty of a petty misdemeanor if a
motor vehicle owned or leased by that person is operated in
violation of subdivision 1. This paragraph does not apply to a
lessor of a motor vehicle if the lessor keeps a record of the
name and address of the lessee. This paragraph does not apply
if the motor vehicle operator is prosecuted for violating
subdivision 1. A violation of this paragraph does not
constitute grounds for revocation or suspension of the owner's
or lessee's driver's license.
Subd. 3. [DRIVER TRAINING.] All driver education courses
approved by the commissioner of education and the commissioner
of public safety must include instruction on railroad-highway
grade crossing safety. The commissioner of education and the
commissioner of public safety shall by rule establish minimum
standards of course content relating to operation of vehicles at
railroad-highway grade crossings.
Sec. 3. Minnesota Statutes 1990, section 171.13,
subdivision 1, is amended to read:
Subdivision 1. [APPLICANTS.] Except as otherwise provided
in this section, the commissioner shall examine each applicant
for a driver's license by such agency as the commissioner
directs. This examination must include a test of applicant's
eyesight; ability to read and understand highway signs
regulating, warning, and directing traffic; knowledge of traffic
laws; knowledge of the effects of alcohol and drugs on a
driver's ability to operate a motor vehicle safely and legally;
knowledge of railroad grade crossing safety; an actual
demonstration of ability to exercise ordinary and reasonable
control in the operation of a motor vehicle; and other physical
and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle
safely upon the highways, provided, further however, no driver's
license shall be denied an applicant on the exclusive grounds
that the applicant's eyesight is deficient in color perception.
Provided, however, that war veterans operating motor vehicles
especially equipped for handicapped persons, shall, if otherwise
entitled to a license, be granted such license. The
commissioner shall make provision for giving these examinations
either in the county where the applicant resides or at a place
adjacent thereto reasonably convenient to the applicant.
Sec. 4. Minnesota Statutes 1990, section 171.13, is
amended by adding a subdivision to read:
Subd. 1d. [RAILROAD CROSSING SAFETY.] The commissioner
shall include in each edition of the driver's manual published
by the department a section relating to safe operation of
vehicles at railroad grade crossings.
Sec. 5. Minnesota Statutes 1990, section 219.074, is
amended by adding a subdivision to read:
Subd. 3. [CROSSING INVENTORY.] By December 31, 1993, the
commissioner shall complete an inventory of all public and
private grade crossings in the state and shall annually revise
the inventory to reflect grade crossing changes made under this
section.
Sec. 6. [219.165] [SAFETY RULES AT PRIVATE RAILROAD GRADE
CROSSINGS.]
By December 31, 1992, the commissioner shall adopt rules
establishing minimum safety standards at all private railroad
grade crossings in the state.
Sec. 7. [219.384] [REMOVAL OF DANGEROUS OBSTRUCTIONS.]
Subdivision 1. [REMOVAL ORDERED.] If a railroad company,
road authority, or abutting property owner fails to control the
growth of trees or vegetation or the placement of structures or
other obstructions on its right-of-way or property so as to
interfere with the safety of the public traveling on a public or
private grade crossing, the local governing body of the town or
municipality where the grade crossing is located may, by notice,
require the obstruction to be removed as necessary to provide an
adequate view of oncoming trains at the crossings. The
commissioner shall adopt rules establishing minimum standards
for visibility at public and private grade crossings.
Subd. 2. [PENALTY.] A railroad company, road authority, or
property owner that fails to comply with this section within 30
days after being notified in writing is subject to a fine of $50
for each day that the condition is uncorrected. This penalty
may be recovered in the manner provided in section 219.97,
subdivision 5.
Sec. 8. Minnesota Statutes 1990, section 219.402, is
amended to read:
219.402 [ADEQUATE CROSSING PROTECTION.]
Crossing safety warning devices or improvements installed
or maintained under this chapter as approved by the board, or
the commissioner, whether by order or otherwise, are adequate
and appropriate protection warning for the crossing.
ARTICLE 3
PORT DEVELOPMENT ASSISTANCE
Section 1. [457A.01] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For purposes of sections 1 to 6,
the following terms have the meanings given them.
Subd. 2. [COMMERCIAL NAVIGATION FACILITY.] "Commercial
navigation facility" means (1) terminals and docks used for the
transfer of property or passengers between commercial vessels
and land, and supporting equipment, structures, and
transportation facilities, (2) disposal facilities for dredging
material produced by port development projects, and (3)
buildings and related structures and facilities used by
commercial vessels under construction or repair. "Commercial
navigation facility" does not include any commercial navigation
facility that is (1) not on the commercial navigation system, or
(2) the responsibility of the United States corps of army
engineers or the United States coast guard.
Subd. 3. [COMMERCIAL VESSEL.] "Commercial vessel" means a
vessel used for the transportation of passengers or property.
"Commercial vessel" does not include a vessel used primarily for
recreational or sporting purposes.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of transportation.
Subd. 5. [DREDGING.] "Dredging" means excavating harbor
sediment or bottom materials, including mobilizing or operating
equipment for excavating and transporting dredged material to
the placing dredged material in a disposal facility.
Subd. 6. [NAVIGATION SYSTEM.] "Navigation system" means (1)
the commercially navigable waters of the Mississippi River, the
Minnesota, and the St. Croix rivers, (2) the commercial harbors
on Minnesota's Lake Superior shoreline, and (3) the commercial
navigation facilities on those waterways.
Subd. 7. [PERSON.] "Person" means an individual, a
partnership, a corporation, an association, or other
organization or entity that applies for assistance under this
chapter.
Sec. 2. [457A.02] [PROGRAM ESTABLISHED.]
Subdivision 1. [PURPOSE OF PROGRAM.] A port development
assistance program is established for the purpose of:
(1) expediting the movement of commodities and passengers
on the commercial navigation system;
(2) enhancing the commercial vessel construction and repair
industry in Minnesota; and
(3) promoting economic development in and around ports and
harbors in the state.
Subd. 2. [COMMISSIONER TO ADMINISTER.] The commissioner
shall administer the port development assistance program to
advance the purposes of subdivision 1. In administering the
program, the commissioner may:
(1) make grants and loans to persons eligible under section
3, subdivision 1, to apply for them; (2) make assistance
agreements with recipients of grants and loans; and (3) adopt
rules authorized by section 5.
Sec. 3. [457A.03] [PORT ASSISTANCE.]
Subdivision 1. [ELIGIBLE APPLICANTS.] Any person,
political subdivision, or port authority, that owns a commercial
navigation facility, may apply to the commissioner for
assistance under this chapter.
Subd. 2. [TYPES OF ASSISTANCE.] The commissioner may make
loans to an eligible applicant if the commissioner determines
that the project submitted by the applicant for assistance will
serve either or both of the purposes stated in section 2,
subdivision 1, clauses (1) and (2). The commissioner may make
grants, or a combination of grants and loans, to an eligible
applicant if the commissioner determines that the project
submitted by the applicant for assistance will serve either or
both of the purposes stated in section 2, subdivision 1, clauses
(1) and (2), and will also enhance economic development in and
around the commercial navigation facility being assisted.
Subd. 3. [STATE PARTICIPATION; LIMITATIONS.] The
commissioner may not provide any assistance under this chapter
for more than 50 percent of the nonfederal share of any
project. Assistance provided under this chapter may not be used
to match any other state funds. The commissioner shall not
assume continuing funding responsibility for any commercial
navigation facility project.
Sec. 4. [457A.04] [ASSISTANCE AGREEMENTS.]
Subdivision 1. [AGREEMENTS REQUIRED.] The commissioner may
not provide any assistance to a project under this chapter
unless the commissioner has signed an assistance agreement with
the recipient of the assistance.
Subd. 2. [COSTS.] An assistance agreement must specify
those project costs which may be paid in whole or in part with
assistance from the commissioner. Assistance agreements may
provide that only the following costs may be so paid:
(1) final engineering costs on a commercial navigation
facility project;
(2) capital improvements to a commercial navigation
facility; and
(3) costs of dredging necessary to open a new commercial
navigation facility project, and for disposal of dredged
material.
The following costs may not be paid with assistance from
the commissioner:
(1) the applicant's administrative, insurance, and legal
costs;
(2) costs of acquiring project permits;
(3) costs of preparing environmental documents, feasibility
studies, or project designs;
(4) interest on money borrowed by the applicant or charged
to the applicant for late payment of project costs;
(5) any costs related to the routine maintenance, repair,
or operation of a commercial navigation facility;
(6) costs of dredging to maintain an existing channel; and
(7) costs for a project that involves only dredging.
Subd. 3. [INSURANCE; LIABILITY.] An assistance agreement
must require the applicant to:
(1) provide a comprehensive general liability insurance
policy, complying with minimum amount prescribed by the
commissioner by rule, naming the commissioner and officers,
employees, and agents of the department of transportation as
additional insureds; and
(2) save and hold the commissioner harmless from and
against all liability, damage, loss, claims, demands, and
actions related to the project being assisted.
Subd. 4. [PERFORMANCE AND PAYMENT BONDS.] An assistance
agreement must require an assistance recipient to provide
evidence of performance and payment bonds, satisfying all
applicable legal requirements for the full amount of any and all
construction contracts let by the applicant in connection with
the project.
Subd. 5. [REPAYMENT.] An assistance agreement must require
the recipient to repay all or part of any assistance received,
in an amount determined by the commissioner, if the project for
which the assistance is provided:
(1) is not completed according to the terms of the
assistance agreement, or
(2) is converted, during the period of time specified in
the assistance agreement, to a use that is (1) inconsistent with
the purposes of this chapter, or (2) inconsistent with the terms
of the assistance agreement, or (3) not approved in writing by
the commissioner.
Sec. 5. [457A.05] [RULES.]
The commissioner may adopt rules that provide for:
(1) application procedures for assistance under this
chapter;
(2) procedures for establishing deadlines for applications,
and for notifying potential recipients of those deadlines;
(3) eligibility criteria for projects to be assisted;
(4) information required to be submitted with applications;
(5) contents of assistance agreements;
(6) any other requirement of this chapter; and
(7) any other requirement the commissioner deems necessary
for the administration of this chapter.
Sec. 6. [457A.06] [REVOLVING FUND.]
A port development revolving fund is established in the
state treasury. The fund consists of all money appropriated to
the commissioner for the purposes of this chapter and all money
received by the commissioner from repayment of loans made under
this chapter.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 6 are effective July 1, 1991.
ARTICLE 4
LOCAL HIGHWAYS
Section 1. Minnesota Statutes 1990, section 103G.301, is
amended by adding a subdivision to read:
Subd. 5a. [TOWN FEES LIMITED.] Notwithstanding this
section or any other law, no permit application or field
inspection fee charged to a town in connection with the
construction or alteration of a town road, bridge, or culvert
shall exceed $100.
Sec. 2. [160.82] [STREETS AND HIGHWAYS WITHIN PARKS.]
Subdivision 1. [DEFINITION.] "Park road" means that
portion of a street or highway located entirely within the park
boundaries of a city, county, regional, or state park.
Subd. 2. [RESTRICTIONS.] A road authority may not make a
change in the width, grade, or alignment of a park road that
would affect the wildlife habitat or aesthetic characteristics
of the park road or its adjacent vegetation or terrain, unless:
(1) the change is required to permit the safe travel of
vehicles at the speed lawfully designated for the park road; or
(2) if the road is a county state-aid highway or municipal
state-aid street, the change is required by the minimum
state-aid standard applicable to the road.
Subd. 3. [LIABILITY.] A road authority and its officers
and employees, are exempt from liability for any tort claim for
injury to persons or property arising from travel on a park road
and related to the design of the park road, if:
(1) the design is adopted to conform to subdivision 2;
(2) the design is not grossly negligent; and
(3) if the park road is a county state-aid highway or
municipal state-aid street, the design complies with the minimum
state-aid standard applicable to the road.
This subdivision does not preclude an action for damages
arising from negligence in the construction, reconstruction, or
maintenance of a park road.
Sec. 3. [160.83] [RUSTIC ROADS PROGRAM.]
Subdivision 1. [DEFINITION.] A "rustic road" is a road
that is not on the state-aid system that has the following
characteristics: outstanding natural features or scenic beauty;
an average daily traffic volume of less than 150 vehicles per
day; year-round use as a local access road; and maximum
allowable speed of 45 miles per hour.
Subd. 2. [LOCAL AUTHORITY.] A road authority other than
the commissioner may, by resolution, designate a road or highway
under its jurisdiction a rustic road and the road authority may
designate the type and character of vehicles that may be
operated on the rustic road; designate the road or a portion of
the road as a pedestrian way or bicycle way, or both; and
establish priority of right-of-way, paint lines, and construct
dividers to physically separate vehicular, bicycle, or
pedestrian traffic.
Subd. 3. [JOINT DESIGNATION.] Two or more road authorities
may jointly designate a rustic road along a common boundary or
into or through their jurisdictions. The road authorities may
enter into agreements to divide the costs and responsibility for
maintaining the rustic road.
Subd. 4. [COSTS.] A rustic road must be maintained by the
road authority having jurisdiction over the road and is not
eligible for state-aid funding. State money must not be spent
to construct, reconstruct, maintain, or improve a rustic road.
Sec. 4. [161.361] [ADVANCE FUNDING FOR TRUNK HIGHWAY
PROJECTS.]
Subdivision 1. [ADVANCE FUNDING.] A road authority other
than the commissioner may by agreement with the commissioner
make advances from any available funds to the commissioner to
expedite construction of all or part of a trunk highway. Money
may be advanced under this section only for projects already
included in the commissioner's highway work program.
Subd. 2. [REPAYMENT.] Subject to the availability of state
money, the commissioner shall repay without interest the amount
advanced under subdivision 1, up to the state's share of project
costs, at the time the project is scheduled for completion in
the highway work program. The total amount of annual repayment
to road authorities under this section must never exceed the
amount stated in the department's debt management policy or $10
million, whichever is less.
Sec. 5. Minnesota Statutes 1990, section 162.02,
subdivision 3a, is amended to read:
Subd. 3a. [VARIANCES, RULES AND ENGINEERING STANDARDS.]
The commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.021 or
162.07, subdivision 2. A political subdivision in which a
county state-aid highway is located or is proposed to be located
may submit a written request to the commissioner for a variance
for that highway. The commissioner shall publish notice of the
request in the state register and give notice to all persons
known to the commissioner to have an interest in the matter.
The commissioner may grant or deny the variance within 30 days
of providing notice of the request. If a written objection to
the request is received within 20 days of providing notice, the
variance shall be granted or denied only after a contested case
hearing has been held on the request. If no timely objection is
received and the variance is denied without hearing, the
political subdivision may request, within 30 days of receiving
notice of denial, and shall be granted a contested case
hearing. For purposes of this subdivision, "political
subdivision" includes (1) an agency of a political subdivision
which has jurisdiction over parks, and (2) a regional park
authority.
Sec. 6. [162.021] [NATURAL PRESERVATION ROUTES.]
Subdivision 1. [ESTABLISHMENT.] (a) The commissioner shall
establish a natural preservation routes category within the
county state-aid highway system.
(b) Natural preservation routes include those routes that
possess particular scenic, environmental, or historical
characteristics, such as routes along lakes or through forests,
wetlands, or flood plains, that would be harmed by construction
or reconstruction meeting the engineering standards under
section 162.07 or the rules adopted under that section.
(c) The commissioner shall adopt rules establishing minimum
construction and reconstruction standards that address public
safety and reflect the function, lower traffic volume, and
slower speed on natural preservation routes. The rules may not
establish standards for natural preservation routes that are
higher than the standards for national forest highways within
national forests and state park access roads within state
parks. Design standards specifying the width of vehicle
recovery areas on forest highways, forest and park roads, and on
natural preservation routes must minimize harmful environmental
impact.
Subd. 2. [SIGNS.] Signs must be posted at entry points to
and at regular intervals along natural preservation routes.
Signs posted must conform to the commissioner's manual of
uniform traffic devices. Properly posted signs are prima facie
evidence that adequate notice of a natural preservation route
has been given to the motoring public.
Subd. 3. [LIABILITY.] Where a county state-aid highway has
been designated a natural preservation route and signs have been
posted under subdivision 2, the state and the county with
jurisdiction over the road and their officers and employees are
exempt from liability for any tort claim for injury to persons
or property arising from travel on the highway and related to
its design standards for construction or reconstruction, if the
design standards comply with the standards established by the
commissioner under subdivision 1. This subdivision does not
preclude an action for damages arising from negligence in the
construction, reconstruction, or maintenance of a natural
preservation route.
Subd. 4. [PUBLIC INFORMATION.] A county proposing a
project on a county state-aid highway that is a natural
preservation route that requires removal of the entire surface
of the highway shall send to owners of property abutting the
highway a written notice that describes the project. The county
shall hold a public meeting to discuss design and construction
alternatives.
Subd. 5. [DESIGNATION.] (a) The commissioner may designate
a county state-aid highway as a natural preservation route only
on petition of the county board of the county having
jurisdiction over the road. Within 60 days after a county board
receives a written request to designate a county state-aid
highway as a natural preservation route, the county board shall
act on the request.
(b) The commissioner shall appoint an advisory committee
for each construction district consisting of seven members: one
member of the department of natural resources, one county
commissioner, one county highway engineer, one representative of
a recognized environmental organization, and three members of
the public. The commissioner shall refer each petition received
under this subdivision to the appropriate advisory committee.
The advisory committee shall consider the petition for
designation and make a recommendation to the commissioner.
Following receipt of the committee's recommendation, the
commissioner may designate the highway as a natural preservation
route.
Sec. 7. Minnesota Statutes 1990, section 162.09,
subdivision 3a, is amended to read:
Subd. 3a. [VARIANCES, RULES AND ENGINEERING STANDARDS.]
The commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.13,
subdivision 2. A political subdivision in which a municipal
state-aid street is located or is proposed to be located may
submit a written request to the commissioner for a variance for
that street. The commissioner shall publish notice of the
request in the state register and give notice to all persons
known to the commissioner to have an interest in the matter.
The commissioner may grant or deny the variance within 30 days
of providing notice of the request. If a written objection to
the request is received within 20 days of providing notice, the
variance shall be granted or denied only after a contested case
hearing has been held on the request. If no timely objection is
received and the variance is denied without hearing, the
political subdivision may request, within 30 days of receiving
notice of denial, and shall be granted a contested case
hearing. For purposes of this subdivision, "political
subdivision" includes (1) an agency of a political subdivision
which has jurisdiction over parks, and (2) a regional park
authority.
Sec. 8. Minnesota Statutes 1990, section 162.14,
subdivision 6, is amended to read:
Subd. 6. [ADVANCES.] Any such city, except cities of the
first class, may make advances from any funds available to it
for the purpose of expediting the construction, reconstruction,
improvement, or maintenance of its municipal state-aid street
system; provided that such advances shall not exceed 40 percent
of its last apportionment the city's total estimated
apportionment for the three years following the year the advance
is made. Advances made by any such city shall be repaid out of
subsequent apportionments made to such city in accordance with
the commissioner's rules.
Sec. 9. Minnesota Statutes 1990, section 169.14, is
amended by adding a subdivision to read:
Subd. 5e. [SPEED LIMIT ON PARK ROADS.] The political
subdivision with authority over a park may establish a speed
limit on a road located within the park. A speed limit
established under this subdivision on a trunk highway is
effective only with the commissioner's approval. A speed limit
established under this subdivision must be based on an
engineering and traffic investigation prescribed by the
commissioner of transportation and must not be lower than 20
miles per hour, and no speed limit established under this
subdivision may reduce existing speed limits by more than 15
miles per hour. A speed limit established under this
subdivision is effective on the erection of appropriate signs
designating the speed limit and indicating the beginning and end
of the reduced speed zone. Any speed in excess of the posted
speed is unlawful.
Sec. 10. Minnesota Statutes 1990, section 221.033, is
amended by adding a subdivision to read:
Subd. 4. [VARIANCE.] The commissioner may adopt rules to
provide a procedure to grant variances from regulations adopted
under subdivision 1, and contained in Code of Federal
Regulations, title 49, part 180. The variances must apply only
to cargo tanks with a capacity of 3,000 gallons or less that
transport gasoline in intrastate commerce in Minnesota and were
first used in transportation before August 1, 1991. The
commissioner shall establish inspection, testing, and
registration requirements to ensure the safety of cargo tanks
operated under a variance granted under this subdivision.
Sec. 11. [BICYCLE FACILITIES.]
The commissioner of transportation shall seek federal
funding under United States Code, title 23, section 217,
subsection (b), for the establishment of facilities for bicycle
transportation.
ARTICLE 5
TRANSPORTATION FUNDING
Section 1. [161.041] [TRANSPORTATION SERVICES FUND.]
Subdivision 1. [FUND CREATED.] A transportation services
fund is created in the state treasury. The fund consists of all
money required or made available by law to be deposited in the
fund.
Subd. 2. [USES OF FUND.] Money in the transportation
services fund may only be expended by appropriation for:
(1) activities of the commissioner of public safety
relating to (i) driver licensing, (ii) motor vehicle
registration and licensing, (iii) the accident reporting system;
and (iv) the state patrol;
(2) activities of the commissioner of transportation
relating to oversize and overweight permits, including the cost
of necessary highway maintenance and preservation related to
granting those permits;
(3) activities of the commissioner of transportation
related to junkyard screening and control of outdoor advertising
devices;
(4) activities of the transportation regulation board
related to motor carrier regulation;
(5) repayment of money borrowed for new buildings, and
improvements to existing buildings, of the department of
transportation;
(6) railroad grade crossing protection studies, grade
crossing inventories, and grade crossing public education; and
(7) activities of the transportation study board.
Sec. 2. Minnesota Statutes 1990, section 173.13,
subdivision 4, is amended to read:
Subd. 4. The annual fee for each such permit or renewal
thereof shall be as follows:
(1) If the advertising area of the advertising device does
not exceed 50 square feet, the fee shall be $20 $25 on July 1,
1991, and $30 on July 1, 1992, and thereafter.
(2) If the advertising area exceeds 50 square feet but does
not exceed 300 square feet, the fee shall be $40 $50 on July 1,
1991, and $60 on July 1, 1992, and thereafter.
(3) If the advertising area exceeds 300 square feet, the
fee shall be $80 $100 on July 1, 1991, and $120 on July 1, 1992,
and thereafter.
(4) No fee shall be charged for a permit for official signs
and notices as they are defined in section 173.02, except that a
fee may be charged for a star city sign erected under section
173.085.
Sec. 3. Minnesota Statutes 1990, section 296.16,
subdivision 1a, is amended to read:
Subd. 1a. [INTENT; FOREST ROADS.] $675,000 Approximately
0.116 percent of the total annual unrefunded revenue from the
gasoline fuel tax on all gasoline and special fuel received in,
produced, or brought into this state, except gasoline and
special fuel used for aviation purposes, is derived from the
operation of motor vehicles on state forest roads and county
forest access roads, and. Of this sum, $400,000 amount, 0.0605
percent is annually derived from motor vehicles operated on
state forest roads and $275,000 0.0555 percent is annually
derived from motor vehicles operated on county forest access
roads in this state.
Sec. 4. Minnesota Statutes 1990, section 296.421,
subdivision 8, is amended to read:
Subd. 8. [COMPUTATION AND DISTRIBUTION OF UNREFUNDED TAXES
FOR FOREST ROADS.] The amount of unrefunded tax paid on gasoline
and special fuel used to operate motor vehicles on forest roads,
except gasoline and special fuel used for aviation purposes,
is $675,000 annually 0.116 percent of the total unrefunded
revenue from the tax on all gasoline and special fuel received
in, produced, or brought into the state, and this revenue is
appropriated from the highway user tax distribution fund and
must be transferred and credited in equal installments on July 1
and January 1 to the state forest road account established in
section 89.70. $275,000 of this amount An amount equal to
0.0555 percent of the unrefunded revenue must be annually
transferred to counties for management and maintenance of county
forest roads.
Sec. 5. Minnesota Statutes 1990, section 299D.03,
subdivision 5, is amended to read:
Subd. 5. [FINES AND FORFEITED BAIL MONEY.] (a) All fines
and forfeited bail money, from traffic and motor vehicle law
violations, collected from persons apprehended or arrested by
officers of the state patrol, shall be paid by the person or
officer collecting the fines, forfeited bail money or
installments thereof, on or before the tenth day after the last
day of the month in which these moneys were collected, to the
county treasurer of the county where the violation occurred.
Three-eighths of these receipts shall be credited to the general
revenue fund of the county. The other five-eighths of these
receipts shall be transmitted by that officer to the state
treasurer and shall be credited as follows:
(1) In the fiscal year ending June 30, 1991, the first
$275,000 in money received by the state treasurer after the
effective date of this section must be credited to the
transportation services fund, and the remainder in the fiscal
year credited to the trunk highway fund.
(2) In fiscal year 1992, the first $215,000 in money
received by the state treasurer in the fiscal year must be
credited to the transportation services fund, and the remainder
credited to the trunk highway fund.
(3) In fiscal years 1993 and subsequent years, the entire
amount received by the state treasurer must be credited to the
trunk highway fund. If, however, the violation occurs within a
municipality and the city attorney prosecutes the offense, and a
plea of not guilty is entered, one-third of the receipts shall
be credited to the general revenue fund of the county, one-third
of the receipts shall be paid to the municipality prosecuting
the offense, and one-third shall be transmitted to the state
treasurer as provided in this subdivision. All costs of
participation in a nationwide police communication system
chargeable to the state of Minnesota shall be paid from
appropriations for that purpose.
(b) Notwithstanding any other provisions of law, all fines
and forfeited bail money from violations of statutes governing
the maximum weight of motor vehicles, collected from persons
apprehended or arrested by employees of the state of Minnesota,
by means of stationary or portable scales operated by these
employees, shall be paid by the person or officer collecting the
fines or forfeited bail money, on or before the tenth day after
the last day of the month in which the collections were made, to
the county treasurer of the county where the violation
occurred. Five-eighths of these receipts shall be transmitted
by that officer to the state treasurer and shall be credited to
the highway user tax distribution fund. Three-eighths of these
receipts shall be credited to the general revenue fund of the
county.
Sec. 6. Laws 1990, chapter 610, article 1, section 13,
subdivision 5, is amended to read:
Subd. 5. Local Bridge Replacement
and Rehabilitation 5,600,000
This appropriation is from the state
transportation fund.
(a) This appropriation shall be
distributed by the commissioner of
transportation as grants to political
subdivisions for the construction and
reconstruction of key bridges on
highways and streets under their
jurisdiction. The grants shall not
exceed the following aggregate amounts:
(1) To counties $3,304,000
(2) To home rule charter and statutory
cities $ 784,000
(3) To towns $1,512,000
(b) The grants may be used by a
political subdivision to:
(1) Construct and reconstruct key
bridges under their jurisdiction;
(2) Match federal-aid grants for
construction and reconstruction of the
bridges;
(3) Pay the costs of preliminary
engineering and environmental studies
for the bridges;
(4) Pay the costs of abandoning an
existing bridge that is deficient and
is in need of replacement, but where no
replacement is made; and
(5) Pay the cost of constructing a road
or street that would facilitate the
abandonment of an existing deficient
bridge. The construction of the road
or street must be judged by the
commissioner to be more cost-efficient
than the reconstruction or replacement
of the existing bridge; and
(6) Pay the cost of constructing a
water retention structure that replaces
an existing deficient bridge and is
included in a county comprehensive
water plan approved by the board of
water and soil resources and the
department of natural resources. The
participating cost is limited to the
cost of drainage structures and roadway
grading other than surfacing and is
limited to an amount that does not
exceed the cost of constructing a
replacement bridge.
Sec. 7. [APPROPRIATION.]
Subdivision 1. [GENERAL APPROPRIATION.] $490,000 is
appropriated from the transportation services fund as provided
in subdivisions 2 and 3.
1992 1993
Subd. 2. Department
of Transportation
(a) Conduct railroad
crossing protection
study $ 60,000 $ -0-
(b) Inventory railroad
grade crossings 50,000 50,000
(c) Develop public
education program 20,000 20,000
Subd. 3. Transportation
Study Board 145,000 145,000*
* (Subdivision 3 was vetoed by the governor.)
Sec. 8. [EFFECTIVE DATE.]
Section 1, 5, and 6 are effective the day after final
enactment. Sections 2, 3, 4, and 7 are effective July 1, 1991.
ARTICLE 7
METROPOLITAN TRANSPORTATION
Section 1. Minnesota Statutes 1990, section 171.01, is
amended by adding a subdivision to read:
Subd. 24. [SPECIAL TRANSPORTATION SERVICE.] "Special
transportation service" means motor vehicle transportation
provided on a regular basis by a public or private entity or
person that is designed primarily to serve individuals who are
elderly, handicapped, or disabled and who are unable to use
regular means of transportation but do not require ambulance
service, as defined in section 144.801, subdivision 4. Special
transportation service includes but is not limited to service
provided by specially equipped buses, vans, and taxis. Special
transportation service does not include a volunteer driver using
a private passenger vehicle that belongs to the volunteer.
Sec. 2. Minnesota Statutes 1990, section 171.02,
subdivision 2, is amended to read:
Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
EXEMPTIONS.] Drivers' licenses shall be classified according to
the types of vehicles which may be driven by the holder of each
type or class of license. The commissioner may, as appropriate,
subdivide the classes listed in this subdivision and issue
licenses classified accordingly. No class of license shall be
valid to operate a motorcycle, school bus, special
transportation service vehicle, tank vehicle, double-trailer or
triple-trailer combination, vehicle transporting hazardous
materials, or bus, unless so endorsed. There shall be four
general classes of licenses as follows:
(a) Class C; valid for:
(1) all farm trucks as defined in section 168.011,
subdivision 17, operated by (i) the owner, (ii) an immediate
family member of the owner, (iii) an employee of the owner not
primarily employed to operate the farm truck, within 150 miles
of the farm, or (iv) an employee of the owner employed during
harvest to operate the farm truck for the first, continuous
transportation of agricultural products from the production site
or on-farm storage site to any other location within 50 miles of
that site;
(2) fire trucks and emergency fire equipment, whether or
not in excess of 26,000 pounds gross vehicle weight, operated by
a firefighter while on duty, or a tiller operator employed by a
fire department who drives the rear portion of a midmount aerial
ladder truck;
(3) recreational equipment as defined in section 168.011,
subdivision 25, that is operated for personal use; and
(4) all single unit vehicles except vehicles with a gross
vehicle weight of 26,001 or more pounds, vehicles designed to
carry more than 15 passengers including the driver, and vehicles
that carry hazardous materials; and
(5) with a special transportation service vehicle
endorsement, operating a motor vehicle providing special
transportation service.
The holder of a class C license may also tow vehicles under
10,000 pounds gross vehicle weight.
(b) Class CC; valid for:
(1) operating class C vehicles;
(2) with a hazardous materials endorsement, transporting
hazardous materials in class C vehicles; and
(3) with a school bus endorsement, operating school buses
designed to transport 15 or fewer passengers, including the
driver.
(c) Class B; valid for all vehicles in class C, class CC,
and all other single unit vehicles including, with a passenger
endorsement, buses.
(d) Class A; valid for any vehicle or combination thereof.
Sec. 3. Minnesota Statutes 1990, section 171.10,
subdivision 2, is amended to read:
Subd. 2. [ENDORSEMENTS ADDED.] (a) Any person, after
applying for or receiving a driver's license and prior to the
expiration year of the license, who wishes to have a motorcycle,
school bus, special transportation service vehicle, tank
vehicle, passenger, double-trailer or triple-trailer, or
hazardous materials vehicle endorsement added to the license,
shall, after taking the necessary examination, apply for a
duplicate license and make payment of the proper fee.
Sec. 4. Minnesota Statutes 1990, section 171.13,
subdivision 5, is amended to read:
Subd. 5. [FEE FOR VEHICLE ENDORSEMENT.] Any person
applying to secure a motorcycle, school bus, special
transportation service vehicle, tank vehicle, passenger,
double-trailer or triple-trailer, or hazardous materials vehicle
endorsement on the person's driver's license shall pay a $2.50
examination fee at the place of application.
Sec. 5. [171.323] [SPECIAL TRANSPORTATION SERVICE
DRIVERS.]
Subdivision 1. [DRIVER'S LICENSE WITH ENDORSEMENT
REQUIRED.] No person shall drive a motor vehicle providing
special transportation service within the seven-county
metropolitan area as defined in section 473.121, subdivision 2,
without having a valid class A, class B, or class CC driver's
license with a special transportation service vehicle
endorsement.
Subd. 2. [QUALIFICATIONS; RULES.] The commissioner of
public safety shall prescribe rules governing the procedures for
issuance of a special transportation service vehicle permit and
endorsement, which include the following provisions:
(1) Procedures for issuance of a special transportation
service permit valid for not more than ninety (90) days upon
proof that the applicant is not disqualified based on prior
criminal convictions as described in this section.
(2) Procedures to issue a special transportation service
vehicle endorsement if, within the permit period, the applicant
provides proof of the completion of the training required by the
commissioner of transportation under section 174.30.
(3) Procedures for withdrawal of an endorsement after
issuance.
(4) Procedures for applicants to challenge the withdrawal
or denial of an endorsement; and
(5) Procedures for issuance of a certificate of endorsement
for a nonresident driving special transportation service
vehicles in Minnesota.
Subd. 3. [STUDY OF APPLICANT.] Before issuing or renewing
a special transportation service vehicle endorsement, the
commissioner shall conduct a criminal records check of the
applicant. The commissioner may also conduct a records check at
any time while a person is so licensed. The check shall consist
of a criminal records check of the state criminal records
repository. If the applicant has resided in Minnesota for less
than five years, the records check shall also include a criminal
records check of information from the state law enforcement
agencies in the states where the applicant resided during the
five years before moving to Minnesota, and of the national
criminal records repository including the criminal justice data
communications network. The applicant's failure to cooperate
with the commissioner in conducting a records check is
reasonable cause to deny an application or cancel a special
transportation vehicle endorsement. The commissioner may not
release the results of a records check to any person except the
applicant.
Subd. 4. [DISQUALIFICATION FOR PRIOR CONVICTION.] No
endorsement shall be authorized for any person unless the
applicant or licensee:
(1) is not disqualified to receive a school bus endorsement
due to criminal history;
(2) is not disqualified as a special transportation service
driver under the rules of the commissioner of transportation
promulgated under to section 174.30; and
(3) has a criminal record clear of conviction of offenses
relating to vulnerable adult abuse under section 626.557.
Sec. 6. Minnesota Statutes 1990, section 473.373,
subdivision 4a, is amended to read:
Subd. 4a. [MEMBERSHIP.] (a) The board consists of 11
members with governmental or management experience.
Appointments are subject to the advice and consent of the
senate. Terms of members are four years commencing on the first
Monday in January of the first year of the term.
(b) The council shall appoint eight members, one from each
of the following agency districts:
(1) district A, consisting of council districts 1 and 2;
(2) district B, consisting of council districts 3 and 7;
(3) district C, consisting of council districts 4 and 5;
(4) district D, consisting of council districts 6 and 11;
(5) district E, consisting of council districts 8 and 10;
(6) district F, consisting of council districts 9 and 13;
(7) district G, consisting of council districts 12 and 14;
and
(8) district H, consisting of council districts 15 and 16.
At least Six must be elected officials of statutory or home
rule charter cities, towns, or counties. Two of these officials
must be county board members, each from a different county, and
four must be elected officials of cities or towns. Service on
the board of a person who is appointed as an elected official
may continue only as long as the person holds the office. At
least 30 days before the expiration of a term or upon the
occurrence of a vacancy, the council shall request nominations
for the position from relevant organizations of local elected
officials, such as the association of metropolitan
municipalities, the metropolitan intercounty association, the
association of urban counties, and where applicable, the
association of townships. Each relevant organization shall
nominate at least two persons for each position. A local
governmental unit that is not a member of an organization may
submit nominations independently. The council shall make its
appointments from the nominations submitted to it to the extent
possible consistent with the other requirements of this
paragraph and with the appointment of a board that fairly
reflects the diverse areas and constituencies affected by
transit.
(c) The governor shall appoint, in addition to the chair,
two persons, one who is age 65 or older at the time of
appointment, and one with a disability. These appointments must
be made following the procedures of section 15.0597. In
addition, at least 30 days before the expiration of a term or
upon the occurrence of a vacancy in the office held by a senior
citizen or a person with a disability, the governor shall
request nominations from organizations of senior citizens and
persons with disabilities. Each organization shall nominate at
least two persons. The governor shall consider the nominations
submitted.
(d) No more than three of the members appointed under
paragraphs (b) and (c) may be residents of the same statutory or
home rule city or town, and none may be a member of the joint
light rail transit advisory committee established under section
473.3991.
Sec. 7. [473.3997] [FEDERAL FUNDING; LIGHT RAIL TRANSIT.]
By July 1, 1992, the regional transit board, the regional
rail authorities, and the commissioner of transportation shall
jointly prepare any application for federal assistance for light
rail transit facilities in the metropolitan area. The
application must be reviewed and approved by the metropolitan
council before it is submitted. The board, the rail
authorities, and the commissioner must consult with the council
in preparing the application. The application may provide for
metropolitan regional railroad authorities to design or
construct light rail transit facilities under contract with the
commissioner.
Sec. 8. [473.3998] [LIGHT RAIL TRANSIT JOINT POWERS
BOARD.]
A light rail transit joint powers board shall be formed
under section 471.59 to implement light rail transit final
design and construction of the corridors funded solely with
federal and county funds. The board shall consist of a voting
member from the metropolitan transit commission, the department
of transportation, the regional transit board, the metropolitan
council, and the regional rail authorities of Hennepin, Ramsey,
Anoka, Washington, Dakota, Scott, and Carver counties, plus an
additional voting member from a county regional rail authority
with a corridor in which final design has begun.
Sec. 9. [ADVISORY TASK FORCE ON PARATRANSIT.]
Subdivision 1. [CREATION; MEMBERSHIP.] The regional
transit board shall establish a paratransit advisory task force
under section 15.059, subdivision 6, consisting of the following
members:
(1) two members representing the regional transit board,
appointed by the chair of the board;
(2) two members representing the department of human
services, appointed by the commissioner of human services;
(3) one member representing the department of
transportation, appointed by the commissioner of transportation;
(4) one member representing the metropolitan transit
commission, appointed by the chair of the commission;
(5) one member representing the council on disability,
appointed by the council;
(6) one member representing nonprofit providers, appointed
by the commissioner of human services;
(7) one member representing for-profit providers, appointed
by the commissioner of human services;
(8) one member representing the senior community, appointed
by the commissioner of human services;
(9) one member representing the metropolitan area,
appointed by the chair of the metropolitan council; and
(10) two members representing users of paratransit,
appointed by the chair of the board.
The committee shall expire December 31, 1991.
Subd. 2. [ADMINISTRATION.] The regional transit board and
the department of human services shall provide staff and
administrative services for the committee. The organizations
whose representatives are listed in subdivision 1, clauses (4)
to (8), shall provide information, staff, and technical
assistance for the committee as needed.
Subd. 3. [STUDIES.] The committee shall study the
feasibility of consolidating and coordinating existing metro
mobility service trips with existing department of human
services medical assistance service trips in the metropolitan
area. The committee shall consult affected persons and
organizations not represented by members appointed under
subdivision 1, including day training and rehabilitation
centers, nursing homes, and intermediate care facilities for the
mentally retarded.
Subd 4. [REPORT.] The commissioner of human services and
the chair of the regional transit board shall jointly submit the
report and recommendations to the legislature and the governor
no later than December 31, 1991.
Subd. 5. [DEFINITION.] For the purposes of this section,
"metropolitan area" has the meaning given it in Minnesota
Statutes, section 473.121, subdivision 2.
Sec. 10. [APPLICATION.]
Sections 1 to 9 apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 11. [EFFECTIVE DATE.]
Section 6 is effective the day following final enactment.
ARTICLE 8
TRANSPORTATION STUDIES
Section 1. [161.53] [RESEARCH ACTIVITIES.]
The commissioner may set aside for transportation research
in each fiscal year up to one percent of the total amount of all
funds appropriated to the commissioner other than county
state-aid and municipal state-aid highway funds. The
commissioner shall spend this money for (1) research to improve
the design, construction, maintenance, management, and
environmental compatibility of transportation systems; (2)
research on transportation policies that enhance energy
efficiency and economic development; (3) programs for
implementing and monitoring research results; and (4)
development of transportation education and outreach
activities. Of all funds appropriated to the commissioner other
than state-aid funds, the commissioner shall spend 0.1 percent,
but not exceeding $800,000 in any fiscal year, for research and
related activities performed by the center for transportation
studies of the University of Minnesota. The center shall
establish a technology transfer and training center for
Minnesota transportation professionals.
Sec. 2. [DEPARTMENT OF TRANSPORTATION; CORRIDOR STUDIES.]
Subdivision 1. [FINDING.] The legislature finds that a
system of improved highways between regional centers in greater
Minnesota and the Twin Cities metropolitan area is needed to
promote economic development and to enhance commercial access,
personal mobility, and traffic safety in Minnesota. It is
therefore in the public interest to provide financing methods
that accelerate construction of trunk highways linking regional
centers in greater Minnesota with the Twin Cities metropolitan
area.
Subd. 2. [STUDY.] The commissioner of transportation shall
study and report to the governor and legislature on the
feasibility of establishing a comprehensive system of multilane
divided highways connecting regional centers with the Twin
Cities metropolitan area. The study must include:
(1) existing highways on corridors between regional centers
and the metropolitan area;
(2) improvements needed to bring the highways to expressway
standards and the cost of the improvements;
(3) the role of these improvements in the department of
transportation's trunk highway programming priorities; and
(4) a schedule for completing the improvements.
The commissioner shall complete the study and submit the
report not later than January 15, 1992.
Sec. 3. [3.8625] [TRANSPORTATION STUDY BOARD.]
Subdivision 1. [BOARD EXTENDED; MEMBERSHIP.] A
transportation study board is created. The board shall consist
of the following members:
(1) seven members of the senate, with not more than five of
the same political party, appointed by the senate committee on
committees; and
(2) seven members of the house of representatives, with not
more than five of the same political party, appointed by the
speaker of the house. Appointments are for two-year terms
beginning July 1 of each odd-numbered year. Vacancies must be
filled in the same manner as the original appointments.
Subd. 2. [OFFICERS.] The board shall elect a chair and
vice-chair from among its members. The chair must alternate
biennially between a member of the house and a member of the
senate. The vice-chair must be a house member when the chair is
a senate member, and a senate member when the chair is a house
member.
Subd. 3. [STAFF.] The board may employ professional,
technical, consulting, and clerical services. The board may use
legislative staff to provide legal counsel, research,
secretarial, and clerical assistance.
Subd. 4. [EXPENSES AND REIMBURSEMENT.] The members of the
board may receive per diem when attending meetings and other
commission business. Members, employees, and legislative staff
must be reimbursed for expenses actually and necessarily
incurred in the performance of their duties under the rules
governing legislators and legislative employees.
Subd. 5. [EXPIRATION.] This section expires July 1, 1993.
Sec. 4. [3.863] [DUTIES.]
The transportation study board shall perform the following
duties:
(1) review and participate with the house of
representatives and senate transportation committees in
developing recommendations for state transportation policies;
(2) monitor state transportation programs, expenditures,
and activities;
(3) review and participate in the coordination of
legislative initiatives that affect state and local
transportation agencies; and
(4) propose special studies to the legislature and conduct
studies at the direction of the legislature.
Sec. 5. [3.864] [SPECIAL STUDIES.]
Subdivision 1. [STUDIES.] The board shall conduct the
studies in subdivisions 2 to 8 by January 1, 1993. The board
may request the commissioner of transportation to conduct any of
the studies and report to the board and the legislature.
Subd. 2. [HIGHWAY PLANNING PROCESS.] The board shall
review the department of transportation's policies and
procedures for identifying, evaluating, prioritizing, and
implementing trunk highway development projects. The board
shall not propose, identify, or otherwise select any specific
project or category of projects. The board shall report to the
legislature and the commissioner of transportation on the
results of the study with recommendations to the commissioner of
transportation on changes in the department's policies and
procedures and to the legislature on changes in law governing
those policies and procedures.
Subd. 3. [HIGHWAY JURISDICTION.] The board shall conduct a
study of the functional classification of all streets and
highways in Minnesota. The study shall include:
(1) development of a state jurisdiction plan, including:
(i) criteria for determining the functional class of every
street and highway in the state;
(ii) identification of the appropriate jurisdiction of
every street and highway, based on functional class; and
(iii) criteria for determining when jurisdiction should be
based on factors other than functional class;
(2) recommendations for implementing the jurisdiction plan;
and
(3) recommendations for changes in law to facilitate future
jurisdiction transfers, including establishment of a highway
jurisdiction board.
The board shall report to the legislature and the
commissioner of transportation on the results of the study.
Subd. 4. [LIGHT RAIL TRANSIT.] The board shall review and
report to the legislature on preliminary engineering plans for
light rail transit adopted by the commissioner of transportation
under article 7.
Subd. 5. [STATE-AID DISTRIBUTION.] The board shall study
unresolved issues relating to distribution of the county
state-aid highway fund and the municipal state-aid street fund.
These issues may include, but are not limited to:
(1) formulas for distributing money;
(2) methods of measuring and quantifying the factors used
in the formulas;
(3) the role of screening boards in the distribution of
state-aid funds;
(4) methods to mitigate reductions in state aid resulting
from changes in state-aid formulas and distribution procedures;
and
(5) appropriate levels of state participation in the cost
of constructing and maintaining county state-aid highways and
municipal state-aid streets.
Subd. 6. [LOCAL PARTICIPATION IN TRUNK HIGHWAY
PROJECTS.] The board shall study the role of local units of
government in funding trunk highway construction or
reconstruction projects. The study must recommend guidelines
for local participation and the types of projects for which
participation is feasible and desirable.
Subd. 7. [INCREASED USE OF HIGH-OCCUPANCY VEHICLES.] The
board shall study incentives for increasing the use of
high-occupancy vehicles and shall evaluate:
(1) tax incentives to employees;
(2) tax incentives and other incentives to employers;
(3) parking charges designed to discourage single-occupant
vehicles and promote high-occupancy vehicles;
(4) road pricing on freeways and other commuting routes;
(5) staggered work hours;
(6) expanded availability and reduced cost of regular-route
transit; and
(7) increased use of demand-responsive transit to meet the
needs of persons otherwise automobile dependent.
Subd. 8. [LOCAL FINANCING STUDY.] Before the 1992
legislative session, the board and the legislature shall study
the use and effect of methods other than property tax revenues
to finance local transportation improvements, including impact
fees, transportation utility fees, and similar methods.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 5 are effective July 1, 1991.
Presented to the governor May 30, 1991
Signed by the governor June 3, 1991, 4:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes