language to be deleted (2) new language
CHAPTER 372-S.F.No. 3298 An act relating to the organization and operation of state government; appropriating money for transportation, public safety, and other purposes; requiring studies and reports; establishing a task force on dealer licensing and motor vehicle registration enforcement in the state patrol; requiring wheel flaps on truck-tractors; regulating weight restrictions on vehicle axles; providing an exemption from aircraft registration; regulating state air transportation charges; distributing five percent of the highway user tax distribution fund to town road account, town bridge account, and flexible highway account; modifying calculation of mileage for city streets and county roads; establishing midtown planning and coordination board; amending Minnesota Statutes 1996, sections 161.081, subdivision 1, and by adding a subdivision; 161.082, subdivisions 1 and 2a; 162.081, subdivision 1; 162.09, subdivision 1; 169.733, subdivision 1; 169.825, subdivision 8; 360.024; and 360.653; Laws 1997, chapter 159, article 1, section 2, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 473. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 TRANSPORTATION APPROPRIATIONS Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] The sums in the columns headed "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified to be available for the fiscal years indicated for each purpose. SUMMARY BY FUND 1998 1999 General Fund $ -0- $ 344,000 Trunk Highway Fund 200,000 50,637,000 Highway User Tax Distribution Fund -0- 50,000 APPROPRIATIONS Available for the Year Ending June 30 1998 1999 Sec. 2. DEPARTMENT OF PUBLIC SAFETY $ 200,000 $ 4,170,000 Summary by Fund General -0- 294,000 Trunk Highway 200,000 3,826,000 Highway User Tax Distribution Fund -0- 50,000 (a) State Patrol Summary by Fund General -0- 294,000 Trunk Highway -0- 3,591,000 Highway User Tax Distribution Fund -0- 50,000 These appropriations are added to the appropriation in Laws 1997, chapter 159, article 1, section 4, subdivision 3. $50,000 from the highway user tax distribution fund is for the vehicle registration and insurance study. $294,000 from the general fund for fiscal year 1999 is for additional capitol complex security staff. $200,000 from the trunk highway fund for fiscal year 1998 is for additional state patrol flight time to enhance law enforcement efforts through airborne enforcement. $2,697,000 from the trunk highway fund for fiscal year 1999 is for 29 additional state troopers and related support staff. $694,000 from the trunk highway fund for fiscal year 1999 is for replacement and maintenance of state patrol communications equipment. (b) Driver and Vehicle Services 200,000 235,000 $200,000 for fiscal year 1998 and $235,000 for fiscal year 1999 are added to the appropriations in Laws 1997, chapter 159, article 1, section 4, subdivision 4, for driver's license and identification card cost increases. This appropriation is from the trunk highway fund. Sec. 3. DEPARTMENT OF TRANSPORTATION -0- 46,861,000 Summary by Fund General -0- 50,000 Trunk Highway -0- 46,811,000 (a) State Road Construction -0- 40,000,000 $40,000,000 is appropriated from the trunk highway fund for state road construction in fiscal year 1999 and is added to the appropriation in Laws 1997, chapter 159, article 1, section 2, subdivision 7, clause (a). The commissioner shall report to the legislature by January 2, 1999, on actual and planned expenditures of this appropriation. The commissioner shall consider utilizing fibrous matting products manufactured in this state, in the course of highway construction, maintenance, and improvement, when these products are similar in price and quality to fibrous matting products manufactured outside this state. (b) Design Engineering and Construction Engineering -0- 6,800,000 $6,800,000 is appropriated in fiscal year 1999 from the trunk highway fund for design engineering and construction engineering and is added to the appropriations in Laws 1997, chapter 159, article 1, section 2, subdivision 7, clauses (d) and (e), as needed. (c) Aeronautics -0- 61,000 Summary by Fund General -0- 50,000 Trunk Highway -0- 11,000 $50,000 from the general fund and $11,000 from the trunk highway fund for fiscal year 1999 are appropriated for transfer to the state airports fund to reimburse the fund for air transportation services. Sec. 4. [STUDY; BLUE LIGHTS ON EMERGENCY VEHICLES.] (a) The commissioner of public safety shall study the feasibility and desirability of allowing emergency vehicles to display blue lights to the front and rear of the vehicles, and shall make recommendations concerning the types of vehicles that should be allowed to display or be prohibited from displaying blue lights. The study must include: (1) the safety implications of allowing blue lights to the front and rear of emergency vehicles; (2) the safety implications of various lighting configurations for emergency vehicles and road maintenance equipment; and (3) the cost to the department of transportation and local road authorities of complying with the commissioner's recommendation concerning the use of blue lights on road maintenance equipment. (b) The commissioner shall report to the governor and legislature on the results of the study not later than January 15, 1999. Sec. 5. [DEALER LICENSING AND MOTOR VEHICLE REGISTRATION ENFORCEMENT TASK FORCE.] Subdivision 1. [ESTABLISHED IN DEPARTMENT OF PUBLIC SAFETY.] The dealer licensing and motor vehicle registration enforcement task force is established in the department of public safety. In consultation with the chief of the state patrol, the commissioner of public safety shall designate four members of the patrol to carry out the investigatory responsibilities of the task force. The commissioner shall provide the task force with necessary staff and equipment support. Subd. 2. [INVESTIGATIONS.] The task force shall investigate activity by persons engaged in the sale and registration of motor vehicles in violation of Minnesota law, specifically Minnesota Statutes, sections 168.27; 168A.30; 297B.035, subdivision 3; and 325F.664 to 325F.6643. Subd. 3. [EXPIRATION OF TASK FORCE.] The task force expires July 1, 2000. Sec. 6. [VEHICLE REGISTRATION AND INSURANCE STUDY.] Subdivision 1. [PURPOSE OF STUDY.] The commissioner of public safety, in conjunction with the dealer licensing and motor vehicle registration enforcement task force, and with representatives of the insurance industry, shall conduct a study to determine: (1) the incidence of private passenger vehicles domiciled in this state but registered in other states in violation of Minnesota vehicle registration laws; and (2) the number of uninsured motorists in this state. Subd. 2. [STUDY ELEMENTS.] The study must include an evaluation of the cost effectiveness and feasibility of: (1) exchanging tax, vehicle registration, and driver's license information with other states; (2) utilizing a private vendor computer database to enforce the state's vehicle registration and mandatory automobile insurance laws; and (3) ensuring that vehicles domiciled in this state are registered in this state. Subd. 3. [REPORT.] The commissioner shall report to the governor and legislature by February 15, 1999. Sec. 7. Minnesota Statutes 1996, section 169.733, subdivision 1, is amended to read: Subdivision 1. [VEHICLES GENERALLY.] Every truck, truck-tractor, trailer, semitrailer, pole trailer, and rear-end dump truck, excepting rear-end dump farm trucks and military vehicles of the United States, shall be provided with wheel flaps or other suitable protection above and behind the rearmost wheels of the vehicle or combination of vehicles to prevent, as far as practicable, such wheels from throwing dirt, water, or other materials on the windshields of vehicles which follow. Such flaps or protectors shall be at least as wide as the tires they are protecting and shall have a ground clearance of not more than one-fifth of the horizontal distance from the center of the rearmost axle to the flap under any conditions of loading or operation of the motor vehicle. Sec. 8. Minnesota Statutes 1996, section 169.825, subdivision 8, is amended to read: Subd. 8. [PNEUMATIC-TIRED VEHICLES.] No vehicle or combination of vehicles equipped with pneumatic tires shall be operated upon the highways of this state: (a) Where the gross weight on any wheel exceeds 9,000 pounds, except that on designated local routes and state trunk highways the gross weight on any single wheel shall not exceed 10,000 pounds; (b) Where the gross weight on any single axle exceeds 18,000 pounds, except that on designated local routes and state trunk highways the gross weight on any single axle shall not exceed 20,000 pounds; (c) Where the maximum wheel load: (1) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire width or the manufacturer's recommended load, whichever is less; or (2) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's recommended load, whichever is less; Clause (2) applies to new vehicles manufactured after August 1, 1991. For vehicles manufactured before August 2, 1991, the maximum weight per inch of tire width is 600 pounds per inch or the manufacturer's recommended load, whichever is less, until August 1, 1996. After July 31, 1996, clause (2) applies to all vehicles regardless of date of manufacture. (d) Where the gross weight on any axle of a tridem exceeds 15,000 pounds, except that for vehicles to which an additional axle has been added prior to June 1, 1981, the maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the gross weight of the tridem combination does not exceed 39,900 pounds where the first and third axles of the tridem are spaced nine feet apart. (e) Where the gross weight on any group of axles exceeds the weights permitted under this section with any or all of the interior axles disregarded, and with an exterior axle disregarded if the exterior axle is a variable load axle that is not carrying its intended weight, and their gross weights subtracted from the gross weight of all axles of the group under consideration. Sec. 9. Minnesota Statutes 1996, section 360.024, is amended to read: 360.024 [AIR TRANSPORTATION
SERVICES, COST REIMBURSEMENTSERVICE CHARGES.] The commissioner shall charge users of air transportation services provided by the commissioner for alldirect operating costs, including salaries and acquisition ofexcluding pilot salary and aircraft acquisition costs. All receipts for these services shall be deposited in the air transportation services account in the state airports fund and are appropriated to the commissioner to pay allthese direct air service operating costs , including salaries. Receipts to cover the cost of acquisition of aircraft must be transferred and credited to the account or fund whose assets were used for the acquisition. Sec. 10. Minnesota Statutes 1996, section 360.653, is amended to read: 360.653 [AIRCRAFT, EXEMPTIONS.] The following aircraft, under the conditions specified, shall be exempt from the registration and the tax provided by sections 360.511 to 360.67. (1) Any aircraft held by a dealer listed and used as provided in section 360.63, except that aircraft held by dealers on October 1, of each year, shall be registered and the entire tax provided by sections 360.511 to 360.67 shall be paid for the portion of the fiscal year, prorated on a monthly basis remaining after the aircraft came into the possession of the dealer. It is further provided that a dealer who has previously had aircraft on withholding may register such aircraft in September of each fiscal year by payment of an amount equal to one-third of the annual tax, which tax shall be applicable for the months of September through December and in January the dealer may again list these aircraft on the dealer's withholding form. (2) Aircraft remaining in the possession of aircraft manufacturers ten months after completion shall become subject to the tax provided by sections 360.511 to 360.67. The tax shall be computed from the expiration of the ten months period and shall be prorated on a monthly basis. (3) Aircraft while in the hands of aircraft refitters for the purpose of being refitted or modified or both, and while being refitted or modified or both. (4) Aircraft licensed under section 144E.12 and used exclusively to provide air ambulance service. Sec. 11. Laws 1997, chapter 159, article 1, section 2, subdivision 2, is amended to read: Subd. 2. Aeronautics 18,296,000 17,958,000 Summary by Fund Airports 17,896,000 17,958,000 General 400,000 -0- The amounts that may be spent from this appropriation for each activity are as follows: (a) Airport Development and Assistance 1998 1999 12,948,000 12,948,000 $12,846,000 the first year and $12,846,000 the second year are for navigational aids, construction grants, and maintenance grants. If the appropriation for either year is insufficient, the appropriation for the other year is available for it. These appropriations must be spent in accordance with Minnesota Statutes, section 360.305, subdivision 4. $12,000 the first year and $12,000 the second year are for maintenance of the Pine Creek Airport. $90,000 the first year and $90,000 the second year are for air service grants. If the appropriation for either year is insufficient, the appropriation for the other year is available for it. (b) Aviation Support 4,880,000 4,941,000 $65,000 the first year and $65,000 the second year are for the civil air patrol. $200,000 the first year and $200,000 the second year are for the air service marketing program under Minnesota Statutes, section 360.0151. (c) Air Transportation Services 468,000 69,000 Summary by Fund Airports 68,000 69,000 General 400,000 -0- $400,000 the first year is from the general fund for refurbishing a federal surplus jet airplane for state ownership and use. Sec. 12. [EFFECTIVE DATE.] Section 11 and all provisions appropriating money for the fiscal year ending June 30, 1998, are effective the day following final enactment. ARTICLE 2 TRANSPORTATION DEVELOPMENT Section 1. Minnesota Statutes 1996, section 161.081, subdivision 1, is amended to read: Subdivision 1. [DISTRIBUTION OF FIVE PERCENT.] Pursuant to article 14, section 5, of the constitution, five percent of the net highway user tax distribution fund is set aside, and apportioned as follows: (1) 28 percent to the trunk highway fund; (2) 64 percentto a separate account inthe county state-aid highway fund to be known as the county turnback account, which account in the state treasury is hereby created; (3) 8 percent to a separate account in the municipal state-aid street fund to be known as the municipal turnback account, which account in the state treasury is hereby created. That apportionment is further distributed as follows: (1) 30.5 percent to the town road account created in section 162.081; (2) 16 percent to the town bridge account, which is created in the state treasury; and (3) 53.5 percent to the flexible highway account created in subdivision 3. Sec. 2. Minnesota Statutes 1996, section 161.081, is amended by adding a subdivision to read: Subd. 3. [FLEXIBLE HIGHWAY ACCOUNT; TURNBACK ACCOUNTS.] (a) The flexible highway account is created in the state treasury. Money in the account may be used either for the restoration of former trunk highways that have reverted to counties or to statutory or home rule charter cities or for regular trunk highway purposes. (b) For purposes of this subdivision, "restoration" means the level of effort required to improve the route that will be turned back to an acceptable condition as determined by agreement made between the commissioner and the county or city before the route is turned back. (c) The commissioner shall review the need for funds to restore highways that have been or will be turned back and the need for funds for the trunk highway system. The commissioner shall determine, on a biennial basis, the percentage of this flexible account to be used for county turnbacks, for municipal turnbacks, and for regular trunk highway projects. The commissioner shall make this determination only after meeting and holding discussions with committees selected by the statewide associations of both county commissioners and municipal officials. (d) Money that will be used for the restoration of trunk highways that have reverted or that will revert to cities must be deposited in the municipal turnback account, which is created in the state treasury. (e) Money that will be used for the restoration of trunk highways that have reverted or that will revert to counties must be deposited in the county turnback account, which is created in the state treasury. (f) As part of each biennial budget submission to the legislature, the commissioner shall describe how the money in the flexible highway account will be apportioned among the county turnback account, the municipal turnback account, and the trunk highway fund. (g) Money apportioned from the flexible highway account to the trunk highway fund must be used for state road construction and engineering costs. Sec. 3. Minnesota Statutes 1996, section 161.082, subdivision 1, is amended to read: Subdivision 1. [RULES.] Except as hereinafterprovided in this section and in section 161.081, all money accruing to the county turnback account shall be expended in accordance with rules of the commissioner of transportation in paying a county for the restoration of former trunk highways, or portions thereof, that have reverted to the county in accordance with law, and have become a part of the county state-aid highway system. Sec. 4. Minnesota Statutes 1996, section 161.082, subdivision 2a, is amended to read: Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] An amount equal to 25 percent of the county turnback(a) Money in the town bridge account must be expended on town road bridge structures that are ten feet or more in length and on town road culverts that replace existing town road bridges. In addition, if the present bridge structure is less than ten feet in length but a hydrological survey indicates that the replacement bridge structure or culvert must be ten feet or more in length, then the bridge or culvert is eligible for replacement funds. (b) In addition, if a culvert that replaces a deficient bridge is in a county comprehensive water plan approved by the board of water and soil resources and the department of natural resources, the costs of the culvert and roadway grading other than surfacing are eligible for replacement funds up to the cost of constructing a replacement bridge. (c) The expenditures on bridge structures and culverts may be on a matching basis, and if on a matching basis, not more than 90 percent of the cost ofa bridge structure or culvert may be paid from the county turnback account .and may be for 100 percent of the cost of the replacement structure or culvert or for 100 percent of the cost of rehabilitating the existing structure. (d) The town bridge account may be used to pay the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made. It may also be used to pay the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more cost efficient than replacing the existing bridge. (e) When bridge approach construction work exceeds $10,000 in costs, or when the county engineer determines that the cost of the replacement culverts alone will not exceed $20,000, the town shall be eligible for financial assistance from the town bridge account. Financial assistance shall be requested by resolution of the county board and shall be limited to: (1) 100 percent of the cost of the bridge approach work that is in excess of $10,000; or (2) 100 percent of the cost of the replacement culverts when the cost does not exceed $20,000 and the town board agrees to be responsible for all the other costs, which may include costs for structural removal, installation, and permitting. The replacement structure design and costs shall be approved and certified by the county engineer, but need not be subsequently approved by the department of transportation. An amount equal to 47.5 percent of the county turnback account must be set aside as a town road account and(f) Money in the town road account must be distributed as provided in section 162.081. Sec. 5. Minnesota Statutes 1996, section 162.081, subdivision 1, is amended to read: Subdivision 1. [ACCOUNT CREATED.] A town road account is created in the county state-aid highway fund , consisting of the amounts transferred from the county turnback account as provided in section 161.082. Sec. 6. Minnesota Statutes 1996, 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: (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 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 May 11, 1994. For purposes of this subdivision, the total miles of city streets and county roads within the jurisdiction of a city includes all miles of county highways turned back to that city's jurisdiction on or after May 11, 1994. 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. [473.910] [MIDTOWN PLANNING AND COORDINATION BOARD.] Subdivision 1. [ESTABLISHED.] The midtown planning and coordination board is established. Subd. 2. [PURPOSE.] The purpose of the board is to do planning for the Lake Street corridor area along with and including neighborhoods one-half mile on either side of Lake Street in Minneapolis from the western city limits to the Mississippi river, and to do planning and coordination for economic development, transportation, and residential renewal, with the cooperation of affected government, civic, business, and neighborhood entities. Subd. 3. [MEMBERSHIP.] The board shall be composed of 13 members. Three members must be appointed by the Minneapolis city council from among its members; three by the Hennepin county board, from among its members; one by the Minneapolis park board, from among its members; one by the metropolitan council, from among its members; two members of the public appointed by the Minneapolis city council; two members of the public appointed by the Hennepin county board; and one member appointed by the member of Congress from the fifth district or the member's designee. The public members must reside or do business in the affected area. Subd. 4. [OFFICERS.] The chair of the board shall be elected by, and from among, the members of the board for a one-year term. The chair shall preside at meetings of the board, if present, and shall perform all other duties assigned by the board or by law. The board shall elect officers in addition to the chair as it deems necessary for the conduct of its duties. Subd. 5. [MEMBERSHIP TERMS.] The terms of the members shall be three years with the terms ending on June 30, 2001. Subd. 6. [COMPENSATION AND MEMBERSHIP.] Compensation of members, removal of members, and filling of membership vacancies is governed by section 15.0575, if not covered in this section. Subd. 7. [DURATION.] The board continues to exist until expressly abolished by law. Sec. 8. [473.912] [POWERS OF BOARD.] Subdivision 1. [GENERAL POWERS.] The board has all powers that may be necessary or convenient to enable it to perform the duties and responsibilities imposed on it by law. The powers include the specific powers enumerated in this section. Subd. 2. [GIFTS AND APPROPRIATIONS.] The board may accept gifts; apply for and use grants of money or other property from the United States, the state, or any person for any board purpose, and may enter into agreements required in connection therewith; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, or agreement relating to it. Sec. 9. [EFFECTIVE DATE.] Sections 1 to 5 are effective July 1, 1999. Section 6 is effective August 1, 1998, for municipal state-aid apportionments in calendar year 1999 and subsequent years. Sections 7 and 8 are effective July 1, 1998. Presented to the governor April 3, 1998 Signed by the governor April 7, 1998, 2:33 p.m.