Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 635-H.F.No. 3011
An act relating to transportation; defining terms;
making technical changes; directing commissioner of
transportation to accept performance-specification
bids for constructing design-built bridges; ensuring
safety is factor in standards for scenic highways and
park roads; modifying highway fund apportionment to
counties and changing composition of screening board;
prohibiting personal transportation vehicles from
picking up passengers in seven-county metropolitan
area; setting speed limit for residential roadways;
providing for installation of override systems to
allow operators of emergency vehicles to activate
traffic signals; allowing emergency vehicles to
display flashing blue lights; creating child passenger
restraint and education account to assist families in
financial need and for educational purposes; allowing
permits to extend seasonal gross weight limit
increases; regulating provision of personal
transportation service; allowing rail carriers to
participate in rail user loan guarantee program;
authorizing expenditure of rail service maintenance
account money for maintenance of rail lines and
right-of-way in the rail bank; providing funding
sources for rail bank maintenance account; requiring
publicly owned or leased motor vehicles to be
identified; establishing advisory council on major
transportation projects; authorizing donation of
vacation leave for state employee; directing
commissioner of transportation to erect signs, traffic
signals, and noise barriers; exempting public bodies
from regulations on all-terrain vehicles; allowing
commissioner of transportation to transfer certain
real property acquired for highway purposes to former
owner through negotiated settlement; providing for
bridge inspection frequency and reports; delaying
required revision of state transportation plan;
authorizing sale of certain tax-forfeited land that
borders public water in New Scandia township in
Washington county, and an exchange of that land for
land located in Stillwater township in Washington
county between the state of Minnesota and the United
States Department of Interior, National Park Service;
requiring studies; providing for appointments;
appropriating money; amending Minnesota Statutes 1992,
sections 84.928, subdivision 1; 160.085, subdivision
3; 160.262, by adding a subdivision; 160.81; 160.82,
subdivision 2; 161.25; 162.06, subdivisions 3 and 4;
162.09, subdivision 1; 162.12, subdivisions 3 and 4;
165.03; 168.1281, by adding a subdivision; 169.01, by
adding a subdivision; 169.06, by adding a subdivision;
169.14, subdivision 2; 169.64, subdivision 4; 169.685,
by adding a subdivision; 169.825, subdivision 11;
174.03, subdivision 1a; 221.011, by adding a
subdivision; 221.121, subdivision 6c; 221.85,
subdivision 1; 222.50, subdivision 7; 222.55; 222.56,
subdivisions 5, 6, and by adding subdivisions; 222.57;
222.58, subdivision 2; and 222.63, subdivision 8;
Minnesota Statutes 1993 Supplement, section 169.685,
subdivision 5; proposing coding for new law in
Minnesota Statutes, chapters 161; and 471; repealing
Minnesota Statutes 1992, sections 173.14; and 222.58,
subdivision 6; Minnesota Statutes 1993 Supplement,
section 168.1281, subdivision 4; Laws 1993, chapter
323, sections 3 and 4; Minnesota Rules, part
8810.1300, subpart 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1992, section 160.262, is
amended by adding a subdivision to read:
Subd. 4. [DESIGN-BUILD BRIDGES FOR NONMOTORIZED VEHICLES.]
For streets and highways, the commissioner shall allow for the
acceptance of performance-specification bids, made by the lowest
responsible bidder, for constructing design-build bridges for
bicycle paths, bicycle trails, and pedestrian facilities that
are:
(1) designed and used primarily for nonmotorized
transportation, but may allow for motorized wheelchairs, golf
carts, necessary maintenance vehicles and, when otherwise
permitted by law, rule, or ordinance, snowmobiles; and
(2) located apart from any road or highway or protected by
barriers, provided that a design-built bridge may cross over and
above a road or highway.
Sec. 2. Minnesota Statutes 1992, section 160.81, is
amended to read:
160.81 [HIGHWAYS IN RECREATION AREAS.]
Subdivision 1. [JOINT STANDARDS.] The commissioner of
transportation, in consultation with the commissioner of natural
resources, shall establish standards for trunk highway segments
located in areas of unusual scenic interest. The standards
shall:
(1) establish and ensure that the safety of the traveling
public is maintained or enhanced;
(2) define "areas of unusual scenic interest," which must
include major recreational areas, historic areas, and major
publicly and privately owned tourist attractions;
(2) (3) prescribe standards for right-of-way, shoulders,
and parking areas for trunk highway segments in such areas; and
(3) (4) prescribe standards for scenic overlooks, parking
piers and other parking areas, tourist information facilities,
public water access points and other facilities intended to
expand the recreational use of trunk highway segments in such
areas.
Subd. 2. [PLAN.] The commissioner of transportation, in
consultation with the commissioner of natural resources, shall
prepare a plan for the recreational uses of trunk highway
right-of-way and adjacent public land in areas of unusual scenic
interest. The plan must ensure that the safety of the traveling
public is maintained or enhanced. The plan must provide for the
enhancement of such recreational uses by the construction of new
recreational facilities or the improvement or rehabilitation of
existing recreational facilities, as enumerated in subdivision
1, clause (3) (4). The plan must provide for joint development
of these facilities by the departments of transportation and
natural resources, where feasible, and must contain provisions
permitting local units of government and regional development
commissions to participate in the planning and development of
recreational facilities.
Subd. 3. [RECREATIONAL FACILITIES.] The commissioner of
transportation may, in areas of unusual scenic interest:
(1) construct, improve, and maintain recreational
facilities, including parking areas, scenic overlooks, and
tourist information facilities, on trunk highway right-of-way
and adjacent areas; and
(2) construct, improve, and maintain access ramps and
turnoffs to connect trunk highways with recreational land owned
by the department of natural resources.
Sec. 3. Minnesota Statutes 1992, section 160.82,
subdivision 2, is amended to read:
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, in
which case the change must be made; 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.
Sec. 4. Minnesota Statutes 1992, section 162.06,
subdivision 3, is amended to read:
Subd. 3. [DISASTER ACCOUNT.] After deducting
administrative costs as provided in subdivision 2, the
commissioner shall set aside each year a sum of money as is
necessary to provide for the calendar year equal to one percent
of the remaining money in the county state-aid highway fund to
provide for a disaster account of $300,000; provided that the
total amount of money in the disaster account shall never exceed
one percent of the total sums to be apportioned to the
counties. This sum shall be used to provide aid to any county
encountering disasters or unforeseen events affecting its county
state-aid highway system, and resulting in an undue and
burdensome financial hardship. Any county desiring aid by
reason of such disaster or unforeseen event shall request the
aid in the form required by the commissioner. Upon receipt of
the request the commissioner shall appoint a board consisting of
three county engineers and three county commissioners from
counties two representatives of the counties, who must be either
a county engineer or member of a county board, from counties
other than the requesting county, and a representative of the
commissioner. The board shall investigate the matter and report
its findings and recommendations in writing to the
commissioner. Final determination of the amount of aid, if any,
to be paid to the county from the disaster account shall be made
by the commissioner. Upon determining to aid any such county
the commissioner shall certify to the commissioner of finance
the amount of the aid, and the commissioner of finance shall
thereupon issue a warrant in that amount payable to the county
treasurer of the county. Money so paid shall be expended on the
county state-aid highway system in accordance with the rules of
the commissioner.
Sec. 5. Minnesota Statutes 1992, section 162.06,
subdivision 4, is amended to read:
Subd. 4. [RESEARCH ACCOUNT.] (a) Each year the screening
board, provided for in section 162.07, subdivision 5, may
recommend to the commissioner a sum of money that the
commissioner shall set aside from the county state-aid highway
fund and credit to a research account. The amount so
recommended and set aside shall not exceed one-quarter one-half
of one percent of the preceding year's apportionment sum.
(b) Any money so set aside shall be used by the
commissioner for the purpose of:
(a) (1) conducting research for improving the design,
construction, maintenance and environmental compatibility of
state-aid highways and appurtenances,;
(b) (2) constructing research elements and reconstructing
or replacing research elements that fail,; and
(c) (3) conducting programs for implementing and monitoring
research results.
(c) Any balance remaining in the research account at the
end of each year from the sum set aside for the year immediately
previous, shall be transferred to the county state-aid highway
fund.
Sec. 6. Minnesota Statutes 1992, section 162.09,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; MILEAGE LIMITATION; RULES.]
There is created a municipal state-aid street system
within statutory and home rule charter cities having a
population of 5,000 or more. The extent of the municipal
state-aid street system for a city shall not exceed 2,500: (1)
20 percent of the total miles of city streets and county roads
within the jurisdiction of that city, plus (2) the mileage of
all trunk highways reverted or turned back to the jurisdiction
of cities the city pursuant to law on and after July 1, 1965,
plus (3) the mileage of county highways reverted or turned back
to the jurisdiction of the city pursuant to law on or after the
effective date of this act. The system shall be established,
located, constructed, reconstructed, improved, and maintained as
public highways within such cities under rules, not inconsistent
with this section, made and promulgated by the commissioner as
hereinafter provided.
Sec. 7. Minnesota Statutes 1992, section 162.12,
subdivision 3, is amended to read:
Subd. 3. [DISASTER ACCOUNT.] After deducting
administrative costs as provided in subdivision 2, the
commissioner shall set aside each year a sum of money equal to
two percent of the remaining money in the municipal state-aid
street fund to provide for a disaster account; provided, that
the total amount of money in the disaster account shall never
exceed five percent of the total sums to be apportioned to the
statutory and home rule charter cities having a population of
5,000 or more. The disaster account shall be used to provide
aid to any such city encountering disaster or unforeseen event
affecting the municipal state-aid street system of the city, and
resulting in an undue and burdensome financial hardship. Any
such city desiring aid by reason of such disaster or unforeseen
event shall request aid in the form required by the commissioner.
Upon receipt of the request the commissioner shall appoint a
board consisting of three engineers and three members of the
governing bodies two representatives of the cities, who must be
either a city engineer or member of the governing body of a
city, from cities other than the requesting city, and a
representative of the commissioner. The board shall investigate
the matter and report its findings and recommendations in
writing to the commissioner. Final determination of the amount
of aid, if any, to be paid to the city from the disaster account
shall be made by the commissioner. Upon determining to aid the
city, the commissioner shall certify to the commissioner of
finance the amount of aid, and the commissioner of finance shall
thereupon issue a warrant in that amount payable to the fiscal
officer of the city. Money so paid shall be expended on the
municipal state-aid street system in accordance with rules of
the commissioner.
Sec. 8. Minnesota Statutes 1992, section 162.12,
subdivision 4, is amended to read:
Subd. 4. [RESEARCH ACCOUNT.] (a) Each year the screening
board, provided for in section 162.13, subdivision 3, may
recommend to the commissioner a sum of money that the
commissioner shall set aside from the municipal state-aid street
fund and credit to a research account. The amount so
recommended and set aside shall not exceed one-quarter one-half
of one percent of the preceding year's apportionment sum.
(b) Any money so set aside shall be used by the
commissioner for the purpose of:
(a) (1) conducting research for improving the design,
construction, maintenance and environmental compatibility of
municipal state-aid streets and appurtenances,;
(b) (2) constructing research elements and reconstructing
or replacing research elements that fail,; and
(c) (3) conducting programs for implementing and monitoring
research results.
(c) Any balance remaining in the research account at the
end of each year from the sum set aside for the year immediately
previous, shall be transferred to the municipal state-aid street
fund.
Sec. 9. Minnesota Statutes 1992, section 168.1281, is
amended by adding a subdivision to read:
Subd. 5. [PICKUP OF PASSENGERS RESTRICTED.] (a) A vehicle
bearing personal transportation service license plates may not
pick up passengers for hire within Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, or Washington county.
(b) The registrar shall include a notice of the restriction
in paragraph (a), with its effective date, with each set of
personal transportation service license plates issued.
Sec. 10. Minnesota Statutes 1992, section 169.01, is
amended by adding a subdivision to read:
Subd. 81. [RESIDENTIAL ROADWAY.] Residential roadway means
a street or portion of a street that is less than one-quarter
mile in length and is functionally classified by the
commissioner of transportation as a local street.
Sec. 11. Minnesota Statutes 1992, section 169.06, is
amended by adding a subdivision to read:
Subd. 5a. [TRAFFIC CONTROL SIGNALS; OVERRIDE SYSTEM.] All
electronic traffic control signals installed by a road authority
on and after January 1, 1995, must be prewired to facilitate a
later addition of a system that allows the operator of an
authorized emergency vehicle to activate a green traffic signal
for the vehicle.
Sec. 12. Minnesota Statutes 1992, section 169.14,
subdivision 2, is amended to read:
Subd. 2. [SPEED LIMITS.] (a) Where no special hazard
exists the following speeds shall be lawful, but any speeds in
excess of such limits shall be prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful;
except that the speed limit within any municipality shall be a
maximum limit and any speed in excess thereof shall be unlawful:
(1) 30 miles per hour in an urban district;
(2) 65 miles per hour in other locations during the
daytime;
(3) 55 miles per hour in such other locations during the
nighttime;
(4) ten miles per hour in alleys; and
(5) 25 miles per hour in residential roadways if adopted by
the road authority having jurisdiction over the residential
roadway.
(b) A speed limit adopted under paragraph (a), clause (5),
is not effective unless the road authority has erected signs
designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.
(c) "Daytime" means from a half hour before sunrise to a
half hour after sunset, except at any time when due to weather
or other conditions there is not sufficient light to render
clearly discernible persons and vehicles at a distance of 500
feet. "Nighttime" means at any other hour or at any time when
due to weather or other conditions there is not sufficient light
to render clearly discernible persons and vehicles at a distance
of 500 feet.
Sec. 13. Minnesota Statutes 1992, section 169.64,
subdivision 4, is amended to read:
Subd. 4. [BLUE LIGHTS.] (a) Except as provided in
paragraph (b), blue lights are prohibited on all vehicles except
road maintenance equipment and snow removal equipment operated
by or under contract to the state or a political subdivision
thereof.
(b) Authorized emergency vehicles may display flashing blue
lights to the rear of the vehicle as a warning signal in
combination with other lights permitted or required by this
chapter.
Sec. 14. Minnesota Statutes 1993 Supplement, section
169.685, subdivision 5, is amended to read:
Subd. 5. [VIOLATION; PENALTY.] (a) Every motor vehicle
operator, when transporting a child under the age of four on the
streets and highways of this state in a motor vehicle equipped
with factory-installed seat belts, shall equip and install for
use in the motor vehicle, according to the manufacturer's
instructions, a child passenger restraint system meeting federal
motor vehicle safety standards.
(b) No motor vehicle operator who is operating a motor
vehicle on the streets and highways of this state may transport
a child under the age of four in a seat of a motor vehicle
equipped with a factory-installed seat belt, unless the child is
properly fastened in the child passenger restraint system. Any
motor vehicle operator who violates this subdivision is guilty
of a petty misdemeanor and may be sentenced to pay a fine of not
more than $50. The fine may be waived or the amount reduced if
the motor vehicle operator produces evidence that within 14 days
after the date of the violation a child passenger restraint
system meeting federal motor vehicle safety standards was
purchased or obtained for the exclusive use of the operator.
(c) The fines collected for violations of this subdivision
must be deposited in the state treasury and credited to a
special account to be known as the Minnesota child passenger
restraint and education account.
Sec. 15. Minnesota Statutes 1992, section 169.685, is
amended by adding a subdivision to read:
Subd. 7. [APPROPRIATION; SPECIAL ACCOUNT.] The Minnesota
child passenger restraint and education account is created in
the state treasury, consisting of fines collected under
subdivision 5 and other money appropriated or donated. The
money in the account is annually appropriated to the
commissioner of public safety, to be used to provide child
passenger restraint systems to families in financial need and to
provide an educational program on the need for and proper use of
child passenger restraint systems. The commissioner shall
report to the legislature by February 1 of each odd-numbered
year on the commissioner's activities and expenditure of funds
under this section.
Sec. 16. Minnesota Statutes 1992, section 169.825,
subdivision 11, is amended to read:
Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The
limitations provided in this section are increased:
(1) by ten percent from January 1 to March 7 each winter,
statewide;
(2) by ten percent from December 1 through December 31 each
winter in the zone bounded as follows: beginning at Pigeon
River in the northeast corner of Minnesota; thence in a
southwesterly direction along the north shore of Lake Superior
along trunk highway No. 61 to the junction with trunk highway
No. 210; thence westerly along trunk highway No. 210 to the
junction with trunk highway No. 10; thence northwesterly along
trunk highway No. 10 to the Minnesota-North Dakota border;
thence northerly along that border to the Minnesota-Canadian
Border; thence easterly along said Border to Lake Superior; and
(3) by ten percent from the beginning of harvest to
November 30 each year for the movement of sugar beets and
potatoes within an area having a 75-mile radius from the field
of harvest to the point of the first unloading. The
commissioner shall not issue permits under this clause if to do
so will result in a loss of federal highway funding to the state.
(b) The duration of a ten percent increase in load limits
is subject to limitation by order of the commissioner, subject
to implementation of springtime load restrictions, or March 7.
(c) When the ten percent increase is in effect, a permit is
required for a motor vehicle, trailer, or semitrailer
combination that has a gross weight in excess of 80,000 pounds,
an axle group weight in excess of that prescribed in subdivision
10, or a single axle weight in excess of 20,000 pounds and which
travels on interstate routes.
(d) In cases where gross weights in an amount less than
that set forth in this section are fixed, limited, or restricted
on a highway or bridge by or under another section of this
chapter, the lesser gross weight as fixed, limited, or
restricted may not be exceeded and must control instead of the
gross weights set forth in this section.
(e) Notwithstanding any other provision of this
subdivision, no vehicle may exceed a total gross vehicle weight
of 80,000 pounds on routes which have not been designated by the
commissioner under section 169.832, subdivision 11.
(f) The commissioner may, after determining the ability of
the highway structure and frost condition to support additional
loads, grant a permit extending seasonal increases for vehicles
using portions of routes falling within two miles of the
southern boundary of the zone described under paragraph (a),
clause (2).
Sec. 17. Minnesota Statutes 1992, section 221.011, is
amended by adding a subdivision to read:
Subd. 46. [BULK COMMODITY.] "Bulk commodity" means a
commodity that (1) can be poured, scooped, or shoveled into a
vehicle, (2) is carried loose in that vehicle, (3) is confined
by the bottom and sides of the vehicle, and (4) is not sacked,
boxed, bundled, or otherwise assembled before delivery.
Sec. 18. Minnesota Statutes 1992, section 221.121,
subdivision 6c, is amended to read:
Subd. 6c. [CLASS II CARRIERS.] (a) A person desiring to
operate as a permit carrier, other than as a carrier listed in
section 221.111, clauses (3) to (9), shall follow the procedure
established in subdivision 1 and shall specify in the petition
whether the person is seeking a class II-T or class II-L
permit. If the person meets the criteria established in
subdivision 1, the board shall grant the class II-T or class
II-L permit or both. A class II permit holder may not own,
lease, or otherwise control more than one terminal. The board
may not issue a class II permit to a motor carrier who owns,
leases, or otherwise controls more than one terminal.
(b) For purposes of this section: (1) utilization of a
local cartage carrier by a class II carrier constitutes
ownership, lease, or control of a terminal; and (2) "terminal"
does not include (i) a terminal used exclusively for handling
bulk commodities, and (ii) a terminal used by a permit holder
who also holds a class I certificate, household goods permit, or
temperature-controlled commodities permit for the unloading,
docking, handling, and storage of freight transported under the
certificate, household goods permit, or temperature-controlled
commodities permit.
Sec. 19. Minnesota Statutes 1992, section 221.85,
subdivision 1, is amended to read:
Subdivision 1. [PERMIT REQUIRED; RULES.] No person may
provide personal transportation service for hire without having
obtained a personal transportation service permit from the
commissioner. The commissioner shall adopt rules governing the
issuance of permits and furnishing of personal transportation
service. The rules must provide for:
(1) annual inspections of vehicles;
(2) driver qualifications including requiring a criminal
history check of drivers;
(3) insurance requirements;
(4) advertising regulations, including requiring a copy of
the permit to be carried in the personal transportation service
vehicle and the use of the words "licensed and insured";
(5) agreements with political subdivisions for sharing
enforcement costs with the state;
(6) issuance of temporary permits and fees therefor; and
(7) other requirements the commissioner deems necessary to
carry out the purposes of this section.
The rules must provide that the holder of a personal
transportation service permit may not pick up passengers for
hire within Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or
Washington county.
Sec. 20. Minnesota Statutes 1992, section 222.50,
subdivision 7, is amended to read:
Subd. 7. [EXPENDITURES.] The commissioner may expend money
from the rail service improvement account for the following
purposes:
(a) To make transfers as provided under section 222.57 or
to pay interest adjustments on loans guaranteed under the state
rail user and rail carrier loan guarantee program;
(b) To pay a portion of the costs of capital improvement
projects designed to improve rail service including construction
or improvement of short segments of rail line such as side
track, team track and connections between existing lines, and
construction and improvement of loading, unloading, storage and
transfer facilities of a rail user;
(c) To acquire, maintain, manage and dispose of railroad
right-of-way pursuant to the state rail bank program;
(d) To provide for aerial photography survey of proposed
and abandoned railroad tracks for the purpose of recording and
reestablishing by analytical triangulation the existing
alignment of the inplace track;
(e) To pay a portion of the costs of acquiring a rail line
by a regional railroad authority established pursuant to chapter
398A;
(f) To pay for the maintenance of rail lines and
rights-of-way acquired for the state rail bank under section
222.63, subdivision 2c; and
(g) To pay the state matching portion of federal grants for
rail-highway grade crossing improvement projects.
All money derived by the commissioner from the disposition
of railroad right-of-way or of any other property acquired
pursuant to sections 222.46 to 222.62 shall be deposited in the
rail service improvement account.
Sec. 21. Minnesota Statutes 1992, section 222.55, is
amended to read:
222.55 [RAIL USER AND RAIL CARRIER LOAN GUARANTEE PROGRAM;
PURPOSE.]
In order to aid rail users in obtaining credit for
participation in contracts for rail line and rolling stock
rehabilitation, acquisition, or installation and for paying the
costs of capital improvements necessary to improve rail service
or reduce the impact of discontinuance of rail service, and to
aid rail carriers in the rehabilitation of locomotives and the
acquisition and rehabilitation of rolling stock, there is
established a rail user and rail carrier loan guarantee program
to provide state money in guarantee of loans made according to
the provisions of sections 222.55 to 222.62.
Sec. 22. Minnesota Statutes 1992, section 222.56,
subdivision 5, is amended to read:
Subd. 5. [LOAN.] "Loan" means a loan or advance of credit
provided by a financial institution to (1) either a rail user or
rail carrier for participation in contracts for rail line or
rolling stock rehabilitation, acquisition, or installation, or
for paying the costs of capital improvements necessary to
improve rail service or reduce the impact of discontinuance of
rail service, or (2) a rail carrier for rehabilitation of
locomotives.
Sec. 23. Minnesota Statutes 1992, section 222.56,
subdivision 6, is amended to read:
Subd. 6. [PERSONAL GUARANTEE.] "Personal Guarantee" means
a personal or corporate obligation to pay the loan.
Sec. 24. Minnesota Statutes 1992, section 222.56, is
amended by adding a subdivision to read:
Subd. 8. [RAIL CARRIER.] "Rail carrier" means a common
carrier by rail engaged in rail transportation of people, goods,
or products for hire.
Sec. 25. Minnesota Statutes 1992, section 222.56, is
amended by adding a subdivision to read:
Subd. 9. [ROLLING STOCK.] "Rolling stock" means rail cars,
machinery, and equipment used by a rail carrier to move people,
goods, and products, but does not include maintenance of way
equipment or tools used in the maintenance or upgrade of track.
Sec. 26. Minnesota Statutes 1992, section 222.57, is
amended to read:
222.57 [RAIL USER AND RAIL CARRIER LOAN GUARANTEE ACCOUNT.]
There is created a rail user and rail carrier loan
guarantee account as a separate account in the rail service
improvement account, which shall be used by the commissioner for
carrying out the provisions of sections 222.55 to 222.62 with
respect to loans insured under section 222.58. The commissioner
may transfer to the rail user and rail carrier loan guarantee
account from money otherwise available in the rail service
improvement account whatever amount is necessary to implement
the rail user and rail carrier loan guarantee program and,
except that bond proceeds may not be transferred to the account
for insurance of loans made for the purposes specified in
section 222.58, subdivision 2, paragraph (b), clauses (3) to
(5). The commissioner may withdraw any amount from the rail
user and rail carrier loan guarantee account that is not
required to insure outstanding loans as provided in section
222.60, subdivision 1.
Sec. 27. Minnesota Statutes 1992, section 222.58,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY REQUIREMENTS.] A loan is eligible
for insurance under this section under the following conditions:
(a) The loan shall be in an original principal amount, bear
an interest rate, contain complete amortization provisions, and
have a maturity satisfactory under such terms as the
commissioner may prescribe by rule.
(b) The proceeds of the loan shall be used solely for
(i) (1) participation in contracts for capital investment
loans for rail line rehabilitation, or acquisition, or
installation;
(ii) (2) capital improvement projects designed to improve
rail service or reduce the economic impact of discontinuance of
rail service. The projects, and may include but are not limited
to construction or improvement of short segments of rail line
such as side track, team track, and connections between existing
lines; and construction and improvement of loading, unloading,
storage, and transfer facilities, and rail facilities of the
rail user users or rail carriers;
(3) rehabilitation of locomotives owned by rail carriers
primarily in operation on railroad lines within the state;
(4) rehabilitation or acquisition of rolling stock owned or
acquired by rail users or rail carriers operating or doing
business primarily within the state; or
(5) costs of technical and inspection services related to
the rehabilitation of locomotives or acquisition or
rehabilitation of rolling stock.
(c) The loan agreement shall contain such terms and
provisions with respect to any other matters as the commissioner
may prescribe.
(d) The borrower provides a personal guarantee and
collateral for the loan which is acceptable to the commissioner
as sufficient security to protect the interests of the state.
Sec. 28. Minnesota Statutes 1992, section 222.63,
subdivision 8, is amended to read:
Subd. 8. [RAIL BANK ACCOUNTS.] A special account shall be
maintained in the state treasury, designated as the rail bank
maintenance account, to record the receipts and expenditures of
the commissioner of transportation for the maintenance of rail
bank property. Funds received by the commissioner of
transportation from interest earnings, administrative payments,
rentals, fees, or charges for the use of rail bank property, or
received from rail line rehabilitation contracts shall be
credited to the maintenance account and used for the maintenance
of that property and held as a reserve for maintenance expenses
in an amount determined by the commissioner, and amounts
received in the maintenance account in excess of the reserve
requirements shall be transferred to the rail service
improvement account. All proceeds of the sale of abandoned rail
lines shall be deposited in the rail service improvement
account. All money to be deposited in this rail service
improvement account as provided in this subdivision is
appropriated to the commissioner of transportation for the
purposes of this section. The appropriations shall not lapse
but shall be available until the purposes for which the funds
are appropriated are accomplished.
Sec. 29. [471.346] [PUBLICLY OWNED AND LEASED VEHICLES
IDENTIFIED.]
All motor vehicles owned or leased by a statutory or home
rule charter city, county, town, school district, metropolitan
or regional agency, or other political subdivision, except for
unmarked vehicles used in general police and fire work and arson
investigations, shall have the name of the political subdivision
plainly displayed on both sides of the vehicle in letters not
less than 2-1/2 inches high and one-half inch wide. The
identification must be in a color that contrasts with the color
of the part of the vehicle on which it is placed and must remain
on and be clean and visible throughout the period of which the
vehicle is owned or leased by the political subdivision. The
identification must not be on a removable plate or placard
except on leased vehicles but the plate or placard must not be
removed from a leased vehicle at any time during the term of the
lease.
Sec. 30. [ROAD PRICING STUDY.]
The commissioner of transportation and the metropolitan
council shall jointly conduct a study of road pricing options
with the potential for implementation in the state of Minnesota
and the metropolitan area as defined in Minnesota Statutes,
section 473.121, subdivision 2. The road pricing options
studied must include the option of replacing the present highway
user taxes on motor fuel and motor vehicle licenses with a
highway user revenue system based on a charge on each vehicle
based on the number of miles traveled by that vehicle in each
year. The study must also include, but is not limited to:
(1) an analysis of the potential for charging motorists
based upon the time of day the travel takes place and the level
of congestion on the roadway;
(2) an evaluation of public acceptance and understanding of
alternative road pricing options;
(3) a detailed analysis, evaluation, and quantification of
the impacts of various road pricing options;
(4) a financial analysis of each road pricing option,
including the implementation costs, users costs, and revenue
estimates;
(5) selection of specific road pricing options for future
demonstration and testing in the metropolitan area and/or
statewide; and
(6) a detailed study design, schedule, and cost estimate
for a draft environmental impact statement meeting appropriate
state and federal requirements.
The commissioner and metropolitan council shall report the
results of the study to the legislature no later than January
15, 1996. The report must include recommendations regarding
future actions needed to move towards implementation of road
pricing in Minnesota and/or the metropolitan area.
Sec. 31. [ADVISORY COUNCIL ON MAJOR TRANSPORTATION
PROJECTS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A state advisory
council is established to provide a forum at the state level for
education, discussion, and advice to the legislature on the
financing of major transportation projects.
Subd. 2. [AUTHORITY; DUTIES.] The advisory council shall:
(1) identify significant highway and transit projects that
could not be funded within the current transportation funding
structure;
(2) evaluate methods for funding the identified projects;
(3) receive public testimony and consult with governmental
units; and
(4) submit to the legislature a report and recommendations
for a preferred plan to finance significant highway and transit
projects by February 1, 1995.
Subd. 3. [MEMBERSHIP.] The advisory council shall consist
of 15 members who serve at the pleasure of the appointing
authority as follows:
(1) six legislators; three members of the senate appointed
by the subcommittee on committees of the committee on rules and
administration, and three members of the house of
representatives appointed by the speaker; and
(2) nine public members who are residents of the state:
two appointed by the subcommittee on committees of the committee
on rules and administration of the senate, two appointed by the
speaker of the house of representatives, and five appointed by
the governor. The appointing authorities must consult with each
other to assure that no more than eight members of the advisory
council are of the same gender.
Subd. 4. [CHAIRS.] The legislative appointing authorities
shall each designate a legislative appointee to serve as
co-chair of the advisory council.
Subd. 5. [ADMINISTRATION.] Legislative staff and the
commissioner of transportation shall provide administrative and
staff assistance when requested by the advisory council.
Sec. 32. [LEAVE DONATION PROGRAM.]
Subdivision 1. [DONATION OF VACATION TIME.] A state
employee may donate up to 12 hours of accrued vacation leave for
the benefit of a state department of military affairs employee
whose efforts to aid victims of an automobile accident resulted
in his total disability in January 1994. The vacation hours
donated must be credited to the sick leave account of the
receiving state employee. If the receiving state employee uses
all donated time, additional hours, up to 50 hours per employee,
accrued vacation leave time may be donated.
Subd. 2. [PROCESS FOR CREDITING.] The donating employee
must notify the employee's agency head of the accrued vacation
time the employee wishes to donate. The agency head shall
transfer that amount to the sick leave account of the
recipient. A donation of accrued vacation leave time is
irrevocable once it has been transferred to the recipient's
account.
Sec. 33. [METRO STATE DIRECTIONAL SIGNS.]
The commissioner of the department of transportation shall
place directional signs for Metropolitan State University on
marked interstate highways Nos. I-94 and I-35E.
Sec. 34. [TRAFFIC SIGNAL; NORTH OAKS.]
The commissioner of transportation shall, not later than
June 1, 1994, install traffic signals on marked trunk highway
No. 49 at its intersection with Hodgson Road Connection, at or
near the entrance to the Chippewa middle school in the city of
North Oaks.\H* (Section 34 was vetoed by the governor.)\h
Sec. 35. [TRUNK HIGHWAY NO. 280; NOISE BARRIERS.]
Subdivision 1. [DEFINITION.] For purposes of this section
"trunk highway No. 280 project" means a department of
transportation highway improvement project on marked trunk
highway No. 280 that would improve, expand, or reconstruct the
highway.
Subd. 2. [REQUIREMENT.] If the commissioner of
transportation takes any action between the effective date of
this section and June 30, 1996, that would have the effect of
delaying the start of the trunk highway No. 280 project beyond
June 30, 1997, the commissioner shall, within 12 months after
taking that action, erect noise barriers on the highway between
marked interstate highways Nos. I-94 and I-35W as provided in
the noise barrier component of the project.
Sec. 36. [INTERSTATE HIGHWAY NO. I-394; NOISE BARRIERS.]
The commissioner of transportation shall complete the noise
barrier project on the north side of marked interstate highway
No. I-394 in Minneapolis adjacent to the property owned by US
West, Inc. as a high priority construction project.\H* (Section 36\h
\Hwas vetoed by the governor.)\h
Sec. 37. [NOISE ABATEMENT BARRIER; BROOKLYN PARK.]
The commissioner of transportation, in accordance with the
plan required under Minnesota Statutes, section 161.125, shall
construct a noise abatement barrier on the easternmost side of
the right-of-way of marked trunk highway No. 252 from its
intersection with 73rd Avenue North to a point where 74th Avenue
North would, if extended, intersect marked highway No. 252.\H*\h
\H(Section 37 was vetoed by the governor.)\h
Sec. 38. [INTERSTATE HIGHWAY NO. I-694; NOISE BARRIERS.]
The commissioner of transportation shall complete the noise
barrier project on the south side of interstate highway No.
I-694 in Shoreview west from the end of the existing noise
barrier to the Soo Line Railroad overpass near Cardigan Road, as
a high priority construction project.\H* (Section 38 was vetoed by\h
\Hthe governor.)\h
Sec. 39. [STUDY OF INSURANCE-BASED SEAT BELT USE.]
The commissioners of commerce and public safety shall
jointly study the desirability of enacting legislation requiring
automobile insurers to offer insureds the option of purchasing
automobile insurance based upon seat belt usage. The report
must address the following issues:
(1) imposition of a substantial deductible for claims for
injuries incurred when a seat belt is not used;
(2) actuarially appropriate premium reductions by insurers
for providing this coverage; and
(3) imposition of penalties for failure to wear seat belts
after such an option is purchased.
The commissioners shall report their written findings and
recommendations to the legislature no later than January 1, 1996.
Sec. 40. [ENVIRONMENTAL IMPACT STATEMENT.]
The commissioner of transportation shall not take any
action to widen and replace the I-35W bridge deck over Minnehaha
Parkway until an environmental impact statement has been issued.
Sec. 41. [REPEALER.]
(a) Minnesota Statutes 1992, section 222.58, subdivision 6,
is repealed.
(b) Minnesota Statutes 1993 Supplement, section 168.1281,
subdivision 4; and Laws 1993, chapter 323, sections 3 and 4, are
repealed.
Sec. 42. [EFFECTIVE DATE.]
Sections 1, 6, 12, 17, 30, 32, 33, and 35 to 40, are
effective the day following final enactment. Section 14 is
effective August 1, 1994, for violations committed on and after
that date. Section 31 is effective the day following final
enactment and is repealed June 30, 1995. Sections 9, 19, and
41, paragraph (b), are effective August 1, 1994.
ARTICLE 2
Section 1. Minnesota Statutes 1992, section 84.928,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a)
A person shall not operate an all-terrain vehicle along or on
the roadway, shoulder, or inside bank or slope of a public road
right-of-way other than in the ditch or the outside bank or
slope of a trunk, county state-aid, or county highway in this
state unless otherwise allowed in sections 84.92 to 84.929.
(b) A person may operate an all-terrain vehicle registered
for private use and used for agricultural purposes on a public
road right-of-way of a trunk, county state-aid, or county
highway in this state if the all-terrain vehicle is operated on
the extreme right-hand side of the road, and left turns may be
made from any part of the road if it is safe to do so under the
prevailing conditions.
(c) A person shall not operate an all-terrain vehicle
within the public road right-of-way of a trunk, county
state-aid, or county highway from April 1 to August 1 in the
agricultural zone unless the vehicle is being used exclusively
as transportation to and from work on agricultural lands. This
paragraph does not apply to an agent or employee of a road
authority, as defined in section 160.02, subdivision 9, or the
department of natural resources when performing or exercising
official duties or powers.
(d) A person shall not operate an all-terrain vehicle
within the public road right-of-way of a trunk, county
state-aid, or county highway between the hours of one-half hour
after sunset to one-half hour before sunrise, except on the
right-hand side of the right-of-way and in the same direction as
the highway traffic on the nearest lane of the adjacent roadway.
(e) A person shall not operate an all-terrain vehicle at
any time within the right-of-way of an interstate highway or
freeway within this state.
Sec. 2. Minnesota Statutes 1992, section 160.085,
subdivision 3, is amended to read:
Subd. 3. [DESCRIPTION MAY REFER TO MAP OR PLAT.] (a) Land
acquisition by the road authority for highway purposes by
instrument of conveyance or by eminent domain proceedings, may
refer to said the map or plat and parcel number, together with
delineation of the parcel, as the only manner of description
necessary for the acquisition.
(b) In addition, land disposition by the road authority by
instrument of conveyance may refer to the map or plat and parcel
number, together with delineation of the parcel, as the only
manner of description necessary for the disposition.
Sec. 3. Minnesota Statutes 1992, section 161.25, is
amended to read:
161.25 [TEMPORARY TRUNK HIGHWAY DETOUR AND TEMPORARY TRUNK
HIGHWAY; HAUL ROAD.]
On determining If, for the purpose of constructing or
maintaining any trunk highway, that the use of any public street
or highway is necessary for a detour or haul road, the
commissioner may designate by order any such street or highway
as a temporary trunk highway detour or as a temporary trunk
highway haul road, and shall thereafter maintain the same as a
temporary trunk highway until the commissioner revokes the
designation. Prior to revoking the designation the commissioner
shall restore such streets or highways to as good condition as
they were prior to the designation of same as temporary trunk
highways. Upon revoking the designations such streets or
highways designation, the street or highway shall revert to the
subdivision charged with the care thereof at the time it was
taken over as a temporary trunk highway.
Sec. 4. [161.442] [RECONVEYANCE TO FORMER OWNER.]
Notwithstanding sections 161.23, 161.41, 161.411, 161.43,
161.44, or any other statute, the commissioner of
transportation, at the commissioner's sole discretion, may
transfer, sell, or convey real property including fixtures, and
interests in real property including easements, to the owner
from whom the property was acquired by the state for trunk
highway purposes through a pending eminent domain action. The
transfer of title may be by stipulation, partial dismissal, bill
of sale, or conveyance. Any resulting change in the state's
acquisition must be explained in the final certificate for that
action. This provision does not confer on a landowner the right
to compel a reconveyance without the consent of the commissioner.
Sec. 5. Minnesota Statutes 1992, section 165.03, is
amended to read:
165.03 [STRENGTH OF BRIDGES; INSPECTIONS.]
Subdivision 1. [STANDARDS GENERALLY.] Each bridge,
including a privately owned bridge, must conform to the
strength, width, clearance, and safety standards imposed by the
commissioner for the connecting highway or street. This
subdivision applies to a bridge that is constructed after August
1, 1989, on any public highway or street. The bridge must have
sufficient strength to support with safety the maximum vehicle
weights allowed under section 169.825 and must have the minimum
width specified in section 165.04, subdivision 3.
Subd. 2. [INSPECTION AND INVENTORY RESPONSIBILITIES;
RULES; FORMS.] The commissioner of transportation shall adopt
official inventory and bridge inspection report forms for use in
making bridge inspections by the highway authorities specified
by this subdivision. Bridge inspections shall be made at
regular intervals, not to exceed two years, by the following
officials:
(a) The commissioner of transportation for all bridges
located wholly or partially within or over the right-of-way of a
state trunk highway.
(b) The county highway engineer for all bridges located
wholly or partially within or over the right-of-way of any
county or township road, or any street within a municipality
which does not have a city engineer regularly employed.
(c) The city engineer for all bridges located wholly or
partially within or over the right-of-way of any street located
within or along municipal limits.
(d) The commissioner of transportation in case of a toll
bridge used by the general public; provided, that the
commissioner of transportation may assess the owner for the
costs of such inspection.
The commissioner of transportation shall prescribe the
standards for bridge inspection and inventory by rules. The
specified highway authorities shall inspect and inventory in
accordance with these standards and furnish the commissioner
with such data as may be necessary to maintain a central
inventory.
Subd. 3. [COUNTY INVENTORY AND INSPECTION RECORDS AND
REPORTS.] The county engineer shall maintain a complete
inventory record of all bridges as set forth in subdivision 2(b)
with the inspection reports thereof, and shall certify annually,
to the commissioner of transportation, as prescribed by the
commissioner, that inspections have been made at regular
intervals not to exceed two years. A report of the inspections
shall be filed annually, on or before February 15 of each year,
with the county auditor or township clerk, or the governing body
of the municipality. The report shall contain recommendations
for the correction of, or legal posting of load limits on any
bridge or structure that is found to be understrength or unsafe.
Subd. 4. [MUNICIPAL INVENTORY AND INSPECTION RECORDS AND
REPORTS.] The city engineer shall maintain a complete inventory
record of all bridges as set forth in subdivision 2(c) with the
inspection reports thereof, and shall certify annually, to the
commissioner of transportation, as prescribed by the
commissioner, that inspections have been made at regular
intervals not to exceed two years. A report of the inspections
shall be filed annually, on or before February 15 of each year,
with the governing body of the municipality. The report shall
contain recommendations for the correction of, or legal posting
of load limits on any bridge or structure that is found to be
understrength or unsafe.
Subd. 5. [AGREEMENTS.] Agreements may be made among the
various units of governments, or between governmental units and
qualified engineering personnel to carry out the
responsibilities for the bridge inspections and reports, as
established by subdivision 2.
Subd. 6. [TOLL BRIDGES.] The owner of a toll bridge shall
certify annually to the commissioner of transportation, as
prescribed by the commissioner, that inspections of the bridge
have been made at regular intervals not to exceed two years.
The certification shall be accompanied by a report of the
inspection. The report shall contain recommendations for the
correction of or legal posting of load limitations if the bridge
is found to be understrength or unsafe.
Sec. 6. Minnesota Statutes 1992, section 174.03,
subdivision 1a, is amended to read:
Subd. 1a. [REVISION OF STATE TRANSPORTATION PLAN.] The
commissioner shall revise the state transportation plan by July
1, 1993 January 1, 1996, and by July January 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. 7. [BRIDGE INSPECTIONS.]
The commissioner of transportation shall ensure that bridge
inspections must be made at regular intervals not to exceed two
years.
Sec. 8. [LAND SALE AND EXCHANGE; WASHINGTON COUNTY.]
Subdivision 1. [SALE OF TAX-FORFEITED LAND; WASHINGTON
COUNTY.] (a) Notwithstanding Minnesota Statutes, section
282.018, Washington county may convey the tax-forfeited land
bordering public water described in paragraph (b), to the state
of Minnesota acting through its commissioner of transportation,
for the county's appraised market value.
(b) The land to be conveyed to the state of Minnesota is
located in New Scandia township (T32N, R19W) in Washington
county and is described as:
Government Lot 7, Section 7, Township 32 North, Range 19
West, Washington County, Minnesota;
containing 63.95 acres, more or less.
Subd. 2. [LAND EXCHANGE BETWEEN MINNESOTA AND UNITED
STATES.] (a) Notwithstanding Minnesota Statutes, sections 94.342
to 94.344, the commissioner of transportation, with the
unanimous approval of the Minnesota land exchange board may
thereafter convey the land described in subdivision 1, paragraph
(b), to the United States Department of Interior, National Park
Service, in exchange for land described in paragraph (b).
(b) The land that is to be conveyed to the state of
Minnesota by the United States is located in Stillwater township
in Washington county and is described as follows:
That part of Government Lot 2 of Section 15, Township 30
North, Range 20 West, Washington County, Minnesota, lying
northwesterly of the northwesterly right-of-way line of
Trunk Highway No. 95 as now located and established and
southwesterly of the following described line: Commencing
at the northeast corner of Government Lot 3 of Section 15,
Township 30 North, Range 20 West, also being a point on the
west line of said Government Lot 2; thence North 00 degrees
02 minutes 22 seconds West, assumed bearing along said west
line of Government Lot 2 a distance of 142.51 feet to the
point of beginning of the line to be described; thence
South 50 degrees 10 minutes 16 seconds East, 151.14 feet to
an inplace half-inch iron pipe monument; thence South 44
degrees 08 minutes 51 seconds East, 171.86 feet to an
inplace 3/8 inch iron pipe monument; thence North 87
degrees 40 minutes 47 seconds East, 124.77 feet to an
inplace iron bolt monument; thence South 47 degrees 38
minutes 00 seconds East, 94.53 feet to said northwesterly
right-of-way line of Trunk Highway No. 95 and there
terminating;
containing 2.48 acres, more or less.
(c) The land on three sides of the parcel described in
subdivision 1, paragraph (b), is owned by the United States.
Most of the parcel is part of an island between two channels of
the St. Croix River and is within the preliminary boundary of
the Lower St. Croix National Scenic Riverway. The parcel has
little potential for use other than for said public purpose.
(d) The parcel of land described in paragraph (b) is west
of Trunk Highway No. 95 and across the road from the Boom Site
area located approximately one-half mile northeast of the city
of Stillwater. This parcel is to be used for construction of a
sanitary drain field for the Boom Site Rest Area. The present
drain field is undersized, causes unsanitary seepage, and does
not conform to modern-day health standards. This parcel is
within the Lower St. Croix National Scenic Riverway boundary and
has little potential for use other than public purpose and/or
supplementing adjacent public facilities.
(e) The two above-described parcels of land have been
appraised and are of substantially equal value.
(f) The United States has agreed to a land exchange subject
to terms of its existing scenic easement on the land described
in paragraph (b). The United States has agreed to the proposed
construction of a sanitary drain field by the Minnesota
department of transportation on the land described in paragraph
(b).
(g) The conveyances transferring the land described in
subdivision 1, paragraph (b), to the United States and the land
described in paragraph (b) to the state of Minnesota must be in
a form approved by the attorney general.
Sec. 9. [REPEALER.]
Minnesota Statutes 1992, section 173.14, is repealed.
Minnesota Rules, part 8810.1300, subpart 6, is repealed.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 9 are effective the day following final
enactment.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 5:55 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes