Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) 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
REIMBURSEMENT SERVICE CHARGES.]
The commissioner shall charge users of air transportation
services provided by the commissioner for all direct operating
costs, including salaries and acquisition of excluding 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 all these 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 percent to a separate account in the 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 hereinafter provided 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 of a 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.
Official Publication of the State of Minnesota
Revisor of Statutes