Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes