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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 403-S.F.No. 2592 
                  An act relating to transportation; authorizing advance 
                  payment when required by federal government for 
                  transportation project; permitting transfer or 
                  extinguishment of access rights; regulating snow fence 
                  easements, highway closures, signs, certain bicycle 
                  racks, semitrailer length, automobile tow dollies, 
                  railroad crossings, and transportation of hazardous 
                  materials; providing payment for certain culverts; 
                  requiring owners to inventory and inspect certain 
                  bridges; imposing minimum penalty for violating safety 
                  chain requirements; providing for the revision of the 
                  state transportation plan; changing the scope of 
                  certain exemptions relating to motor carriers; 
                  modifying contractor bond requirements for certain 
                  transportation projects; authorizing conveyance of 
                  certain tax-forfeited land; making technical changes; 
                  removing or modifying descriptions of certain routes 
                  of the trunk highway system; amending Minnesota 
                  Statutes 1996, sections 84.63; 117.21; 160.18, 
                  subdivision 1; 160.27, subdivision 7, as added, and by 
                  adding a subdivision; 160.296, subdivision 1; 160.80, 
                  subdivision 1, and by adding a subdivision; 161.115, 
                  subdivisions 38 and 87; 165.03; 169.26, subdivision 1; 
                  169.81, subdivision 2, and by adding a subdivision; 
                  169.82, subdivision 3; 174.03, subdivisions 1a and 2; 
                  174A.06; 221.025; 221.0314, subdivision 9a; 221.034, 
                  subdivisions 1 and 5; 270.077; and 574.26, subdivision 
                  1a; Laws 1997, chapter 159, article 2, section 51, 
                  subdivision 1; proposing coding for new law in 
                  Minnesota Statutes, chapter 16B; repealing Minnesota 
                  Statutes 1996, section 161.115, subdivisions 57 and 
                  219. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [16B.171] [EXCEPTION FOR FEDERAL TRANSPORTATION 
        CONTRACTS.] 
           Notwithstanding section 16B.17 or other law to the 
        contrary, the commissioner of transportation may, when required 
        by a federal agency entering into an intergovernmental contract, 
        negotiate contract terms providing for full or partial 
        prepayment to the federal agency before work is performed or 
        services are provided. 
           Sec. 2.  Minnesota Statutes 1996, section 84.63, is amended 
        to read: 
           84.63 [CONVEYANCE OF INTERESTS IN LANDS TO STATE AND 
        FEDERAL GOVERNMENTS.] 
           Notwithstanding any existing law to the contrary, the 
        commissioner of natural resources is hereby authorized on behalf 
        of the state to convey to the United States or to the state of 
        Minnesota or any of its subdivisions, upon state-owned lands 
        under the administration of the commissioner of natural 
        resources, permanent or temporary easements for specified 
        periods or otherwise for trails, highways, roads and trails 
        including limitation of right of access from the lands to 
        adjacent highways and roads, flowage for development of fish and 
        game resources, stream protection, flood control, and necessary 
        appurtenances thereto, such conveyances to be made upon such 
        terms and conditions including provision for reversion in the 
        event of nonuser as the commissioner of natural resources may 
        determine. 
           Sec. 3.  Minnesota Statutes 1996, section 117.21, is 
        amended to read: 
           117.21 [EASEMENT TO MAY INCLUDE SNOW FENCES.] 
           When the right to establish a public road is acquired by 
        the state, or by any of its agencies or political subdivisions, 
        there shall may be included in the easement so acquired the 
        power to erect and maintain temporary snow fences as required 
        upon lands adjoining the highway part of which lands have been 
        taken for road purposes.  If included, the right to erect and 
        maintain such fences shall be considered in awarding damages, 
        and any award shall be conclusively presumed to include the 
        damages, if any, caused by the right to erect and maintain such 
        fences; provided, that, if the state, or agency or political 
        subdivision thereof, shall file with its petition, or at any 
        time before the question of damages is submitted to a jury, a 
        written disclaimer of its desire and intention to acquire a 
        right to erect and maintain snow fences as to any particular 
        tract of land involved, then no such right shall be acquired in 
        such proceeding and no consideration given to such fences as an 
        element of damage. 
           Sec. 4.  Minnesota Statutes 1996, section 160.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CULVERT ON EXISTING HIGHWAYS.] Except when 
        the easement of access has been acquired, the a road authorities 
        authority, other than town boards and county boards, as to 
        highways a highway already established and constructed shall 
        furnish one substantial culvert to an abutting owner in cases 
        where the culvert is necessary for may grant by permit a 
        suitable approach to such the highway.  A town board shall 
        furnish one substantial culvert to an abutting owner in cases 
        where the culvert is necessary for suitable approach to a town 
        road, provided that at any annual town meeting the electors of 
        any town may by resolution authorize the town board to require 
        that all or part of the costs of the furnishing of all culverts 
        on the town roads of such town be paid by the abutting owner.  A 
        county board, by resolution, shall, before furnishing any 
        culverts after August 1, 1975, establish The requesting abutting 
        property owner shall pay for the cost and installation of any 
        required culverts unless a road authority, other than the 
        commissioner, adopts by resolution a policy for the furnishing 
        of a culvert to an abutting owner when a culvert is necessary 
        for suitable approach to a county and state-aid road, and such.  
        The policy may include provisions for the payment of all or part 
        of the costs of furnishing such culverts the culvert by the 
        abutting landowner. 
           Sec. 5.  Minnesota Statutes 1996, section 160.27, 
        subdivision 7, as added by Laws 1998, chapter 283, section 2, is 
        amended to read: 
           Subd. 7.  [BICYCLE RACKS AND BICYCLE STORAGE FACILITIES.] 
        In cities of the first class, advertisements, public art, and 
        informational signs may be placed and maintained on bicycle 
        racks and bicycle storage facilities, and on any enclosure 
        around them, if (1) a road authority has authorized issued a 
        permit to the city authorizing the bicycle racks and storage 
        facilities to be placed within the right-of-way of a public 
        highway, (2) the city has recommended and the road authority has 
        authorized in the permit the placement of advertisements, public 
        art, and informational signs on the bicycle racks and bicycle 
        storage facilities, and (3) the placement does not create an 
        unsafe situation.  Advertisements, public art, and information 
        signs authorized under this subdivision are subject to the terms 
        and conditions imposed by the road authority authorizing their 
        placement. 
           Sec. 6.  Minnesota Statutes 1996, section 160.27, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [TRUNK HIGHWAY CLOSURE; AUTHORITY, NOTICE, CIVIL 
        PENALTY.] (a) The commissioner may restrict the use of, or 
        close, any state trunk highway for the protection and safety of 
        the public or for the protection of the highway from damage 
        during and after storms if there is danger of the road becoming 
        impassable or if visibility is so limited that safe travel is 
        unlikely. 
           (b) To notify the public that a trunk highway is closed or 
        its use restricted, the commissioner shall give notice by one or 
        more of the following methods: 
           (1) erect suitable barriers or obstructions on the highway; 
           (2) post warnings or notices of the closing or restricting 
        of a trunk highway; 
           (3) place signs to warn, detour, direct, or otherwise 
        control traffic on the highway; or 
           (4) place personnel to warn, detour, direct, or otherwise 
        control traffic on the highway. 
           (c) A person is civilly liable for rescue costs if the 
        person (1) fails to obey the direction or instruction of 
        authorized personnel at the location of the closed highway, or 
        (2) drives over, through, or around a barricade, fence, or 
        obstruction erected to prevent traffic from passing over a 
        portion of a highway closed to public travel.  "Civilly liable 
        for rescue costs" means that the person is liable to a state 
        agency or political subdivision for costs incurred for the 
        purpose of rescuing the person, any passengers, or the vehicle.  
        Civil liability may be imposed under this subdivision in 
        addition to the misdemeanor penalty imposed under subdivision 
        5.  However, civil liability must not exceed $10,000.  A fine 
        paid by a defendant in a misdemeanor action that arose from the 
        same violation may not be applied toward payment of the civil 
        liability imposed under this subdivision. 
           (d) A state agency or political subdivision that incurs 
        costs as described in paragraph (c) may bring an action to 
        recover the civil liability and related legal, administrative, 
        and court costs.  A civil action may be commenced as is any 
        civil action. 
           Sec. 7.  Minnesota Statutes 1996, section 160.296, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROCEDURE.] (a) A person who desires a 
        specific service sign panel shall request the commissioner of 
        transportation to install the sign.  The commissioner of 
        transportation may grant the request if the applicant qualifies 
        for the sign panel and if space is available.  All signs shall 
        be fabricated, installed, maintained, replaced and removed by 
        the commissioner of transportation.  The applicant shall pay a 
        fee to the commissioner of transportation to cover all costs for 
        fabricating, installing, maintaining, replacing and removing.  
        The requests for specific service sign panels shall be renewed 
        every three years. 
           (b) If the applicant desires to display a business panel, 
        the business panel for each specific service sign panel shall be 
        supplied by the applicant.  All costs to fabricate business 
        panels shall be paid by the applicant.  All business panels 
        shall be installed and removed by the appropriate road 
        authority.  The costs for installing and removing business sign 
        panels on specific service signs located on nonfreeway trunk 
        highways are included in the fee specified in paragraph (a).  If 
        a business panel is stolen or damaged beyond repair, the 
        applicant shall supply a new business panel paid for by the 
        applicant. 
           Sec. 8.  Minnesota Statutes 1996, section 160.80, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER MAY ESTABLISH PROGRAM.] (a) 
        The commissioner of transportation may establish a sign 
        franchise program for the purpose of providing on the 
        right-of-way of interstate and controlled-access trunk highways 
        specific information on gas, food, camping, and lodging, for the 
        benefit of the motoring public.  
           (b) The sign franchise program must include urban 
        interstate highways.  The commissioner may implement policies 
        that apply only to signs on interstate highways in urban areas, 
        such as distance requirements from the interstate for eligible 
        services, priority issues, and mixing of service logos. 
           Sec. 9.  Minnesota Statutes 1996, section 160.80, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
        To be eligible for a business panel on a logo sign panel, a 
        business establishment must: 
           (1) be open for business; 
           (2) have a sign on site that both identifies the business 
        and is visible to motorists; 
           (3) be open to everyone, regardless of race, religion, 
        color, age, sex, national origin, creed, marital status, sexual 
        orientation, or disability; 
           (4) not impose a cover charge or otherwise require 
        customers to purchase additional products or services; and 
           (5) meet the appropriate criteria in paragraphs (b) to (e). 
           (b) Gas businesses must provide vehicle services including 
        fuel and oil; restroom facilities and drinking water; 
        continuous, staffed operation at least 12 hours a day, seven 
        days a week; and public access to a telephone. 
           (c) Food businesses must serve at least two meals a day 
        during normal mealtimes of breakfast, lunch, and dinner; provide 
        a continuous, staffed food service operation at least ten hours 
        a day, seven days a week except holidays as defined in section 
        645.44, subdivision 5, and except as provided for seasonal food 
        service businesses; provide seating capacity for at least 20 
        people; serve meals prepared on the premises; and possess any 
        required state or local licensing or approval.  Reheated, 
        prepackaged, ready-to-eat food is not "food prepared on the 
        premises."  Seasonal food service businesses must provide a 
        continuous, staffed food service operation at least ten hours a 
        day, seven days a week, during their months of operation. 
           (d) Lodging businesses must include sleeping 
        accommodations; provide public access to a telephone; and 
        possess any required state or local licensing or approval. 
           (e) Camping businesses must include sites for camping; 
        include parking accommodations for each campsite; provide 
        sanitary facilities and drinking water; and possess any required 
        state or local licensing or approval. 
           (f) Businesses that do not meet the appropriate criteria in 
        paragraphs (b) to (e) but that have a signed lease as of January 
        1, 1998, may retain the business panel until December 31, 2005, 
        or until they withdraw from the program, whichever occurs first, 
        provided they continue to meet the criteria in effect in the 
        department's contract with the logo sign vendor on August 1, 
        1995.  After December 31, 2005, or after withdrawing from the 
        program, a business must meet the appropriate criteria in 
        paragraphs (a) to (e) to qualify for a business panel. 
           (g) Seasonal businesses must indicate to motorists when 
        they are open for business by either putting the full months of 
        operation directly on the business panel or by having a "closed" 
        plaque applied to the business panel when the business is closed 
        for the season. 
           (h) The maximum distance that an eligible business in 
        Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
        county can be located from the interchange is:  for gas 
        businesses, one mile; for food businesses, two miles; for 
        lodging businesses, three miles; and for camping businesses, ten 
        miles. 
           (i) The maximum distance that an eligible business in any 
        other county can be located from the interchange shall not 
        exceed 15 miles in either direction. 
           (j) Logo sign panels must be erected so that motorists 
        approaching an interchange view the panels in the following 
        order:  camping, lodging, food, gas. 
           (k) If there is insufficient space on a logo sign panel to 
        display all eligible businesses for a specific type of service, 
        the businesses closest to the interchange have priority over 
        businesses farther away from the interchange. 
           Sec. 10.  Minnesota Statutes 1996, section 161.115, 
        subdivision 38, is amended to read: 
           Subd. 38.  [ROUTE NO. 107.] Beginning at the terminus of 
        Route No. 10 on the westerly limits on the city of Minneapolis, 
        thence extending in an easterly direction to a point on Route 
        No. 104 as herein established at or near Washington Avenue in 
        the city of Minneapolis. 
           Sec. 11.  Minnesota Statutes 1996, section 161.115, 
        subdivision 87, is amended to read: 
           Subd. 87.  [ROUTE NO. 156.] Beginning at a point on Route 
        No. 394 105 in the city of Minneapolis and extending in a 
        northerly and westerly direction to a point on Route No. 62 
        easterly of the Great Northern Railway at or near the city of 
        Coon Rapids. 
           Sec. 12.  Minnesota Statutes 1996, 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 owners or highway authorities 
        specified by this subdivision.  Bridge inspections shall be made 
        at regular intervals, not to exceed two years, by the following 
        officials owner or official: 
           (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 that is used by the general public and that is not 
        inspected and certified under subdivision 6; provided, that the 
        commissioner of transportation may assess the owner for the 
        costs of such inspection. 
           (e) The owner of a bridge over a public highway or street 
        or that carries a roadway designated for public use by a public 
        authority, if not required to be inventoried and inspected under 
        paragraph (a), (b), (c), or (d). 
           The commissioner of transportation shall prescribe the 
        standards for bridge inspection and inventory by rules.  The 
        specified owner or highway authorities authority 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, 
        paragraph (b), with the inspection reports thereof, and shall 
        certify annually to the commissioner, 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 town 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, 
        paragraph (c), with the inspection reports thereof, and shall 
        certify annually to the commissioner, 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 OTHER BRIDGES.] The owner of a toll bridge 
        and the owner of a bridge described in subdivision 2, paragraph 
        (e), shall certify to the commissioner, 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. 
           Subd. 7.  [DEPARTMENT OF NATURAL RESOURCES BRIDGES.] (a) 
        Notwithstanding subdivision 2, the commissioners of 
        transportation and natural resources shall negotiate a 
        memorandum of understanding that governs the inspection of 
        bridges owned, operated, or maintained by the commissioner of 
        natural resources. 
           (b) The memorandum of understanding must provide for: 
           (1) the inspection and inventory of bridges subject to 
        federal law or regulations; 
           (2) the frequency of inspection of bridges described in 
        paragraph (a); and 
           (3) who may perform inspections required under the 
        memorandum of understanding. 
           Sec. 13.  Minnesota Statutes 1996, section 169.26, 
        subdivision 1, is amended to read: 
           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; or 
           (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 stopped 
        and not traverse the grade crossing when a human flagger signals 
        the approach or passage of a train or when a crossing gate is 
        lowered warning of the immediate approach or passage of a 
        railroad 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 or drive a vehicle past a lowered crossing gate.
           Sec. 14.  Minnesota Statutes 1996, section 169.81, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LENGTH OF SINGLE VEHICLE; EXCEPTIONS.] (a) 
        Statewide, no single vehicle may exceed 40 feet in overall 
        length, including load and front and rear bumpers, except:  
           (1) mobile cranes, which may not exceed 48 feet in overall 
        length; and 
           (2) buses, which may not exceed 45 feet in overall length.  
           (b) Statewide, no semitrailer may exceed 48 feet in overall 
        length, including bumper and load, but excluding 
        non-cargo-carrying equipment, such as refrigeration units or air 
        compressors, necessary for safe and efficient operation and 
        located on the end of the semitrailer adjacent to the 
        truck-tractor.  However, statewide, a single semitrailer may 
        exceed 48 feet, but not 53 feet, if the distance from the 
        kingpin to the centerline of the rear axle group of the 
        semitrailer does not exceed 41 43 feet.  
           Statewide, no single trailer may have an overall length 
        exceeding 45 feet, including the tow bar assembly but exclusive 
        of rear bumpers that do not increase the overall length by more 
        than six inches. 
           For determining compliance with this subdivision, the 
        length of the semitrailer or trailer must be determined 
        separately from the overall length of the combination of 
        vehicles.  
           (c) No semitrailer or trailer used in a three-vehicle 
        combination may have an overall length in excess of 28-1/2 feet, 
        exclusive of: 
           (1) non-cargo-carrying accessory equipment, including 
        refrigeration units or air compressors and upper coupler plates, 
        necessary for safe and efficient operation, located on the end 
        of the semitrailer or trailer adjacent to the truck or 
        truck-tractor; 
           (2) the tow bar assembly; and 
           (3) lower coupler equipment that is a fixed part of the 
        rear end of the first semitrailer or trailer.  
           Sec. 15.  Minnesota Statutes 1996, section 169.81, is 
        amended by adding a subdivision to read: 
           Subd. 3d. [COMBINATIONS INCLUDING AUTOMOBILE TOW 
        DOLLIES.] Notwithstanding subdivisions 2a and 3, a combination 
        consisting of a single unit truck or a pickup truck and not more 
        than two two-wheeled automobile tow dollies may be operated 
        without a permit when: 
           (1) the combination is operated by an employee or agent of 
        an automobile tow dolly manufacturer or a truck rental company; 
           (2) no vehicle is being transported on either dolly; and 
           (3) the combination does not exceed 50 feet in length. 
           Sec. 16.  Minnesota Statutes 1996, section 169.82, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HITCHES; CHAINS; CABLES.] (a) Every trailer or 
        semitrailer must be hitched to the towing motor vehicle by a 
        device approved by the commissioner of public safety. 
           (b) Every trailer and semitrailer must be equipped with 
        safety chains or cables permanently attached to the trailer 
        except in cases where the coupling device is a regulation fifth 
        wheel and kingpin assembly approved by the commissioner of 
        public safety.  In towing, the chains or cables must be attached 
        to the vehicles near the points of bumper attachments to the 
        chassis of each vehicle, and must be of sufficient strength to 
        control the trailer in the event of failure of the towing 
        device.  The length of chain or cable must be no more than 
        necessary to permit free turning of the vehicles.  A minimum 
        fine of $25 must be imposed for a violation of this paragraph. 
           (c) This subdivision does not apply to towed implements of 
        husbandry. 
           No person may be charged with a violation of this section 
        solely by reason of violating a maximum speed prescribed in 
        section 169.145 or 169.67. 
           Sec. 17.  Minnesota Statutes 1996, 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 
        January 1, 1996, January 1, 2000, and, if the requirements of 
        clauses (1) and (2) have been met in the previous revision, by 
        January 1 of each odd-numbered every third even-numbered year 
        thereafter.  Before final adoption of a revised plan, the 
        commissioner shall hold a hearing to receive public comment on 
        the preliminary draft of the revised 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. 18.  Minnesota Statutes 1996, 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 the revised plan. 
           Sec. 19.  Minnesota Statutes 1996, section 174A.06, is 
        amended to read: 
           174A.06 [CONTINUATION OF RULES.] 
           Orders and directives heretofore in force, issued, or 
        promulgated by the public service commission, public utilities 
        commission, or the department of transportation under authority 
        of chapters 174A, 216A, 218, 219, and 221, and 222 remain and 
        continue in force and effect until repealed, modified, or 
        superseded by duly authorized orders or directives of 
        the commissioner of transportation regulation board.  To the 
        extent allowed under federal law or regulation, rules adopted by 
        the public service commission, public utilities commission or 
        the department of transportation under authority of the 
        following sections are transferred to the commissioner of 
        transportation regulation board and continue in force and effect 
        until repealed, modified, or superseded by duly authorized rules 
        of the transportation regulation board commissioner:  
           (1) section 218.041 except rules related to the form and 
        manner of filing railroad rates, railroad accounting rules, and 
        safety rules; 
           (2) section 219.40; 
           (3) rules relating to rates or tariffs, or the granting, 
        limiting, or modifying of permits or certificates of convenience 
        and necessity under section 221.031, subdivision 1; 
           (4) rules relating to the sale, assignment, pledge, or 
        other transfer of a stock interest in a corporation holding 
        authority to operate as a permit carrier as prescribed in 
        section 221.151, subdivision 1, or a local cartage carrier under 
        section 221.296, subdivision 8; 
           (5) rules relating to rates, charges, and practices under 
        section 221.161, subdivision 4; and 
           (6) rules relating to rates, tariffs, or the granting, 
        limiting, or modifying of permits under sections 221.121, 
        221.151, and 221.296 or certificates of convenience and 
        necessity under section 221.071.  
           The board commissioner shall review the transferred rules, 
        orders, and directives and, when appropriate, develop and adopt 
        new rules, orders, or directives within 18 months of July 1, 
        1985. 
           Sec. 20.  Minnesota Statutes 1996, section 221.025, is 
        amended to read: 
           221.025 [EXEMPTIONS.] 
           The provisions of this chapter requiring a certificate or 
        permit to operate as a motor carrier do not apply to the 
        intrastate transportation described below:  
           (a) the transportation of students to or from school or 
        school activities in a school bus inspected and certified under 
        section 169.451 and the transportation of children or parents to 
        or from a Head Start facility or Head Start activity in a Head 
        Start bus inspected and certified under section 169.451; 
           (b) the transportation of solid waste, as defined in 
        section 116.06, subdivision 22, including recyclable materials 
        and waste tires, except that the term "hazardous waste" has the 
        meaning given it in section 221.011, subdivision 31; 
           (c) a commuter van as defined in section 221.011, 
        subdivision 27; 
           (d) authorized emergency vehicles as defined in section 
        169.01, subdivision 5, including ambulances; and tow trucks 
        equipped with proper and legal warning devices when picking up 
        and transporting (1) disabled or wrecked motor vehicles or (2) 
        vehicles towed or transported under a towing order issued by a 
        public employee authorized to issue a towing order; 
           (e) the transportation of grain samples under conditions 
        prescribed by the board; 
           (f) the delivery of agricultural lime; 
           (g) the transportation of dirt and sod within an area 
        having a 50-mile radius from the home post office of the person 
        performing the transportation; 
           (h) the transportation of sand, gravel, bituminous asphalt 
        mix, concrete ready mix, concrete blocks or tile and the mortar 
        mix to be used with the concrete blocks or tile, or crushed rock 
        to or from the point of loading or a place of gathering within 
        an area having a 50-mile radius from that person's home post 
        office or a 50-mile radius from the site of construction or 
        maintenance of public roads and streets; 
           (i) the transportation of pulpwood, cordwood, mining 
        timber, poles, posts, decorator evergreens, wood chips, sawdust, 
        shavings, and bark from the place where the products are 
        produced to the point where they are to be used or shipped; 
           (j) the transportation of fresh vegetables from farms to 
        canneries or viner stations, from viner stations to canneries, 
        or from canneries to canneries during the harvesting, canning, 
        or packing season, or transporting sugar beets, wild rice, or 
        rutabagas from the field of production to the first place of 
        delivery or unloading, including a processing plant, warehouse, 
        or railroad siding; 
           (k) the transportation of property or freight, other than 
        household goods and petroleum products in bulk, entirely within 
        the corporate limits of a city or between contiguous cities 
        except as provided in section 221.296; 
           (l) the transportation of unprocessed dairy products in 
        bulk within an area having a 100-mile radius from the home post 
        office of the person providing the transportation; 
           (m) the transportation of agricultural, horticultural, 
        dairy, livestock, or other farm products within an area having a 
        25-mile 100-mile radius from the person's home post office and 
        the carrier may transport other commodities within the 25-mile 
        100-mile radius if the destination of each haul is a farm; 
           (n) passenger transportation service that is not charter 
        service and that is under contract to and with operating 
        assistance from the department or the metropolitan council; 
           (o) the transportation of newspapers, as defined in section 
        331A.01, subdivision 5, telephone books, handbills, circulars, 
        or pamphlets in a vehicle with a gross vehicle weight of 10,000 
        pounds or less; and 
           (p) transportation of potatoes from the field of 
        production, or a storage site owned or otherwise controlled by 
        the producer, to the first place of processing. 
           The exemptions provided in this section apply to a person 
        only while the person is exclusively engaged in exempt 
        transportation. 
           Sec. 21.  Minnesota Statutes 1996, section 221.0314, 
        subdivision 9a, is amended to read: 
           Subd. 9a.  [HOURS OF SERVICE EXEMPTION.] The federal 
        regulations incorporated in subdivision 9 for maximum driving 
        and on-duty time do not apply to drivers engaged in the 
        interstate or intrastate transportation of: 
           (1) agricultural commodities or farm supplies for 
        agricultural purposes in Minnesota during the planting and 
        harvesting seasons from March 15 to December 15 of each year; or 
           (2) sugar beets during the harvesting season for sugar 
        beets from September 1 to March 15 of each year; 
        if the transportation is limited to an area within a 
        100-air-mile radius from the source of the commodities or the 
        distribution point for the farm supplies. 
           Sec. 22.  Minnesota Statutes 1996, section 221.034, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE REQUIRED.] At the earliest 
        practicable moment, each person who transports hazardous 
        materials, including hazardous wastes, shall give notice in 
        accordance with subdivision 2 after each incident that occurs 
        during the course of transportation including loading, 
        unloading, and temporary storage, in which as a direct result of 
        hazardous materials:  
           (1) a person is killed; 
           (2) a person receives injuries requiring hospitalization; 
           (3) estimated carrier or other property damage exceeds 
        $50,000; 
           (4) an evacuation of the general public occurs lasting one 
        or more hours; 
           (5) one or more major transportation arteries or facilities 
        are closed or shut down for one hour or more; 
           (6) the operational flight pattern or routine of an 
        aircraft is altered; 
           (7) fire, breakage, spillage, or suspected radioactive 
        contamination occurs involving shipment of radioactive material; 
           (8) fire, breakage, spillage, or suspected contamination 
        occurs involving shipment of etiologic agents; or 
           (9) a situation exists of such a nature that, in the 
        judgment of the carrier, it should be reported in accordance 
        with subdivision 2 even though it does not meet the criteria of 
        clause (1), (2), or (3), but a continuing danger to life exists 
        at the scene of the incident; or 
           (10) there has been a release of a marine pollutant in a 
        quantity exceeding 450 liters (119 gallons) for liquids or 450 
        kilograms (882 pounds) for solids.  
           Sec. 23.  Minnesota Statutes 1996, section 221.034, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DISCHARGES NOT APPLICABLE.] Except as provided 
        in subdivision 6, the requirements of subdivision 3 do not apply 
        to incidents involving the unintentional release of hazardous 
        materials being transported under the following proper shipping 
        names:  
           (1) consumer commodity; 
           (2) battery, electric storage, wet, filled with acid or 
        alkali; 
           (3) paint, enamel, lacquer, stain, shellac or varnish 
        aluminum, bronze, gold, wood filler, and liquid or lacquer base 
        liquid when shipped in packagings of five gallons or less; or 
           (4) materials prepared and transported as a limited 
        quantity according to Code of Federal Regulations, title 49, 
        subchapter C. 
           Sec. 24.  Minnesota Statutes 1996, section 270.077, is 
        amended to read: 
           270.077 [TAXES CREDITED TO STATE AIRPORTS FUND CREATED.] 
           There is hereby created in the state treasury a fund to be 
        known as the state airports fund to which shall be credited the 
        proceeds of All taxes levied under sections 270.071 to 270.079 
        and all other moneys which may be deposited to the credit 
        thereof pursuant to any other provision of law.  All moneys in 
        the state airports fund are hereby appropriated to the 
        commissioner of transportation for the purpose of acquiring, 
        constructing, improving, maintaining, and operating airports and 
        other air navigation facilities for the state, and to assist 
        municipalities within the state in the acquisition, 
        construction, improvement, and maintenance of airports and other 
        air navigation facilities must be credited to the state airports 
        fund created in section 360.017. 
           Sec. 25.  Minnesota Statutes 1996, section 574.26, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [EXEMPTION; EXEMPTIONS:  CERTAIN MANUFACTURERS; 
        COMMISSIONER OF TRANSPORTATION.] (a) Sections 574.26 to 574.32 
        do not apply to a manufacturer of public transit buses that 
        manufactures at least 100 public transit buses in a calendar 
        year.  For purposes of this section, "public transit bus" means 
        a motor vehicle designed to transport people, with a design 
        capacity for carrying more than 40 passengers, including the 
        driver.  The term "public transit bus" does not include a school 
        bus, as defined in section 169.01, subdivision 6. 
           (b) At the discretion of the commissioner of 
        transportation, sections 574.26 to 574.32 do not apply to any 
        projects of the department of transportation (1) costing less 
        than $75,000, or (2) involving the permanent or semipermanent 
        installation of heavy machinery, fixtures, or other capital 
        equipment to be used primarily for maintenance or repair. 
           Sec. 26.  Laws 1997, chapter 159, article 2, section 51, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STUDY.] The commissioner of 
        transportation, through the division of railroads and waterways, 
        shall conduct a study of the potential of utilizing freight rail 
        corridors in of the Twin Cities metropolitan area for commuter 
        rail service.  The commissioner shall perform the study in 
        coordination with the metropolitan council and other affected 
        metropolitan regional rail authorities and, affected 
        metropolitan railroad companies, and the designated 
        representatives of organized railroad employees.  At least one 
        representative of regional rail authorities, of railroad 
        management, of operating craft employees, and of nonoperating 
        craft employees shall serve on the policy formulation body and 
        all other bodies of the study committee.  Both employee members 
        shall be selected by representatives of rail employees.  The 
        study committee shall consider, among other things, the positive 
        and negative effects of commuter rail service on surrounding 
        neighborhoods. 
           Sec. 27.  [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 92.45 and 
        282.018, subdivision 1, Hennepin county may sell to the 
        Minnesota department of transportation the tax-forfeited land 
        bordering public water that is described in paragraph (c). 
           (b) The conveyance must be in the form approved by the 
        attorney general. 
           (c) The land that may be conveyed is located in the city of 
        Champlin, Hennepin county and is described as:  That part of Lot 
        11, Block 5, Auditor's Subdivision No. 15, according to the plat 
        thereof on file and of record in the office of the County 
        Recorder in and for Hennepin County, Minnesota, lying south of a 
        line run parallel with and distant 43 feet north of the south 
        line of Government Lot 3, Section 19, Township 120 North, Range 
        21 West and lying east of a line run parallel with and distant 
        36.5 feet east of the west line of said Government Lot 3; 
           together with all right of access, being the right of 
        ingress to and egress from said Lot 11 to U.S. Highway No. 169 
        and Hayden Lake Road. 
           Subject to permanent easement for sanitary sewers granted 
        to the metropolitan council on March 2, 1995, by the Hennepin 
        county auditor.  Subject to easements of record. 
           Sec. 28.  [REPEALER.] 
           (a) Minnesota Statutes 1996, section 161.115, subdivision 
        57, which describes legislative route No. 126, is repealed. 
           (b) Minnesota Statutes 1996, section 161.115, subdivision 
        219, is repealed when the transfer of jurisdiction of 
        legislative route No. 288 is agreed to by the commissioner of 
        transportation and the Anoka county board and a copy of the 
        agreement, signed by the commissioner and the chair of the Anoka 
        county board is filed in the office of the commissioner. 
           Sec. 29.  [INSTRUCTION TO THE REVISOR.] 
           (a) The revisor of statutes shall delete the route 
        identified in section 28, paragraph (b), in the next publication 
        of Minnesota Statutes unless the commissioner of transportation 
        informs the revisor that the conditions required to transfer the 
        route were not satisfied. 
           (b) The revisor of statutes is directed to change the terms 
        "transportation regulation board," "board," "board's," "board or 
        commissioner," "commissioner or board," "board or the 
        commissioner," "commissioner or the board," "commissioner and 
        the board," "commissioner and board," "board and the 
        commissioner," "board and commissioner," "department and board," 
        "board or department," and "board and the department," when 
        referring to the transportation regulation board, to the term 
        "commissioner," "commissioner's," or "commissioner of 
        transportation," as appropriate, wherever those terms appear in 
        Minnesota Statutes, chapters 218, 219, and 222. 
           Sec. 30.  [DESCRIPTION OF ROUTE NO. 156 CHANGED; EFFECTIVE 
        DATE.] 
           Section 11 is effective when the transfer of jurisdiction 
        of a portion of route No. 156 is agreed to by the commissioner 
        of transportation and Hennepin county and a copy of the 
        agreement, signed by the commissioner and the chair of the 
        Hennepin county board, has been filed in the office of the 
        commissioner. 
           Sec. 31.  [EFFECTIVE DATE.] 
           Sections 1, 5, 8, 9, 15, and 26 are effective the day 
        following final enactment.  Sections 4 and 25 are effective July 
        1, 1998. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:12 a.m.