Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 238-H.F.No. 2387
An act relating to transportation; appropriating money
for the department of transportation and other
agencies; authorizing certain fees; providing for a
maximum percentage of the motorcycle safety fund that
may be spent for certain activities; exempting from
registration taxes vehicles owned by a commercial
driving school and used exclusively in driver
education and training; allowing payment of prorated
license fee following transfer of vehicle from dealer;
modifying provisions relating to disability parking
privileges; abolishing certain credit for vehicle
registration fee; modifying provisions relating to
vehicle titles, registrations, and transfers;
authorizing suspension of a vehicle's registration in
certain circumstances; requiring a detachable postcard
to be provided in a vehicle's certificate of title and
completed; specifically authorizing cities to enact
ordinances regulating long-term parking; allowing
certain lighting devices mounted on delivery vehicles;
providing equipment for deputy registrars; modifying
driver instruction permit provisions; providing for
driver training for home school students; reducing
cost of Minnesota identification card for persons with
serious and persistent mental illness; changing
definition of "directional signs"; authorizing siting
of public safety radio communications towers;
directing commissioner of transportation to establish
a southern railway corridor improvement plan; setting
minimum requirements for local regulation of small
vehicle passenger service; modifying provisions
relating to motor carriers; changing percentage of gas
tax attributed to snowmobiles; regulating advertising
in department of public safety publications; modifying
provisions relating to special number plates for
classic aircraft; requiring report of metropolitan
radio board; extending existence of metropolitan radio
board; requiring commissioner of transportation to
study feasibility of extending Northstar commuter rail
corridor from St. Cloud to Little Falls; requiring
commissioner of transportation to study restoration of
Amtrak rail passenger service; requiring taxi
regulation study; restricting passenger motor carrier
service at the international airport; requiring
commissioner of public safety to make recommendations
concerning allowable vehicle lighting; requiring
office of strategic and long-range planning to
establish state development strategy and report to
legislature concerning I-94 corridor; authorizing
commissioner of transportation to contract for the
public safety radio communication system; modifying
definitions; making technical and clarifying changes;
requiring studies and reports; amending Minnesota
Statutes 1998, sections 121A.36, subdivision 3;
168.011, subdivision 35; 168.012, subdivision 1;
168.013, subdivisions 2 and 6; 168.021, subdivision 2;
168.17; 168.301, subdivisions 3 and 4; 168A.05,
subdivision 5; 168A.10, subdivisions 1, 2, and 5;
168A.30, subdivision 2; 169.122, subdivision 5;
169.345, subdivisions 1, 3, and 4; 169.346,
subdivision 3, and by adding a subdivision; 169.55,
subdivision 1; 169.58, by adding a subdivision;
171.04, subdivision 1; 171.05, subdivisions 1a and 2;
171.061, subdivision 4; 171.07, subdivision 3; 171.39;
173.02, subdivision 6; 174.24, subdivision 3b; 174.70;
174A.02, subdivision 4; 174A.06; 221.011, subdivisions
15, 37, 38, and by adding subdivisions; 221.021;
221.022; 221.025; 221.0251; 221.026, subdivision 2;
221.031, subdivisions 1, 2, 6, and 7; 221.036,
subdivisions 1 and 3; 221.091; 221.122, subdivision 1;
221.124; 221.131, subdivision 2; 221.141, subdivision
1; 221.172, subdivision 10; 221.185, subdivisions 1,
2, 3, 4, 9, and by adding a subdivision; 221.221,
subdivision 3; 221.291, subdivision 4; 221.55;
296A.18, subdivision 3; 299A.01, by adding a
subdivision; 360.531, subdivision 3; 360.55,
subdivision 4; 368.01, subdivision 12; 412.221,
subdivision 20; 458A.06, subdivision 5; 609.671,
subdivision 5; Laws 1995, chapter 195, article 1,
section 18; Laws 1997, chapter 159, article 1,
sections 2, subdivision 7, and 4, subdivision 3; Laws
1998, chapter 404, section 17, subdivision 3;
proposing coding for new law in Minnesota Statutes,
chapters 219; 221; 388; 473; repealing Minnesota
Statutes 1998, sections 168.011, subdivision 36;
168.1281; 221.011, subdivisions 7, 9, 20, 21, 32, and
34; 221.041; 221.051; 221.061; 221.071; 221.081;
221.121, subdivisions 6b and 6h; 221.172, subdivision
9; 221.281; 221.85; and 473.3998.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION AND OTHER AGENCIES
APPROPRIATIONS
Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1999," "2000," and "2001," where used in this act, mean
that the appropriations listed under them are available for the
year ending June 30, 1999, June 30, 2000, or June 30, 2001,
respectively. If the figures are not used, the appropriations
are available for the year ending June 30, 2000, or June 30,
2001, respectively. The term "first year" means the year ending
June 30, 2000, and the term "second year" means the year ending
June 30, 2001. Appropriations for the year ending June 30,
1999, are in addition to appropriations made in previous years.
SUMMARY BY FUND
2000 2001 TOTAL
General $ 85,231,000 $ 80,853,000 $166,084,000
Airports 19,386,000 19,469,000 38,855,000
C.S.A.H. 365,063,000 366,624,000 731,687,000
Highway User 15,480,000 15,575,000 31,055,000
M.S.A.S. 105,549,000 107,394,000 212,943,000
Special Revenue 947,000 965,000 1,912,000
Trunk
Highway 1,044,984,000 1,056,111,000 2,101,095,000
TOTAL $1,636,640,000 $1,646,991,000 $3,283,631,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $1,468,751,000 $1,482,072,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
2000 2001
General 16,515,000 16,385,000
Airports 19,336,000 19,419,000
C.S.A.H. 365,063,000 366,624,000
M.S.A.S. 105,549,000 107,394,000
Trunk Highway 962,288,000 972,250,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Aeronautics 19,327,000 19,410,000
Summary by Fund
Airports 19,266,000 19,349,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Except as otherwise provided, the
appropriations in this subdivision are
from the state airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
2000 2001
13,948,000 13,948,000
$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.
(b) Aviation Support
5,247,000 5,329,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
(c) Air Transportation Services
132,000 133,000
Summary by Fund
Airports 71,000 72,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Subd. 3. Transit 16,206,000 16,224,000
Summary by Fund
General 15,882,000 15,892,000
Trunk Highway 324,000 332,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Greater Minnesota Transit
Assistance
15,406,000 15,406,000
This appropriation is from the general
fund. Any unencumbered balance the
first year does not cancel but is
available for the second year. Of this
amount, $405,000 each year does not add
to the base.
(b) Transit Administration
800,000 818,000
Summary by Fund
General 476,000 486,000
Trunk Highway 324,000 332,000
Subd. 4. Railroads and Waterways 1,623,000 1,565,000
Summary by Fund
General 359,000 266,000
Trunk Highway 1,264,000 1,299,000
$100,000 the first year is from the
general fund for the development of the
southern railway corridor improvement
plan under article 2, section 34. This
appropriation may not be added to the
agency's budget base.
Subd. 5. Motor Carrier Regulation 2,851,000 2,865,000
Summary by Fund
General 116,000 119,000
Trunk Highway 2,735,000 2,746,000
$301,000 the first year and $249,000
the second year from the trunk highway
fund are for administration of
passenger carrier registration.
Subd. 6. Local Roads 470,612,000 474,018,000
Summary by Fund
C.S.A.H. 365,063,000 366,624,000
M.S.A.S. 105,549,000 107,394,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
365,063,000 366,624,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
105,549,000 107,394,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the chair of the transportation
finance committee of the house of
representatives and the chair of the
transportation budget division of the
senate of the amount of the remainder
and shall then add that amount to the
appropriation. The amount added is
appropriated for the purposes of county
state aids or municipal state aids, as
appropriate.
The commissioner shall study and
determine the extent to which local
bridge needs that may be addressed by
state grants for the construction and
reconstruction of local bridges would
be affected by making the following
changes in eligibility for those grants:
(1) allowing grants to be used for the
costs of flood-related erosion
protection;
(2) allowing grants to be used for
construction of water-retention
projects where such a project is more
cost efficient than replacement of an
existing bridge;
(3) allowing grants to be made for
bridges that are functionally obsolete;
and
(4) allowing grants to be used for
construction of bridges on new
alignments.
The commissioner shall report to the
legislature on the results of the study
by February 1, 2000.
Subd. 7. State Roads 912,625,000 923,769,000
Summary by Fund
General 59,000 9,000
Trunk Highway 912,566,000 923,760,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
516,684,000 521,707,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
275,000,000 275,000,000
Highway User Taxes
241,684,000 246,707,000
The commissioner of transportation
shall notify the chair of the
transportation budget division of the
senate and chair of the transportation
finance committee of the house of
representatives quarterly of any events
that should cause these estimates to
change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway rights-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
The commissioner may transfer up to
$15,000,000 each year to the trunk
highway revolving loan account.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts
are appropriated to the commissioner
for these projects.
(b) Highway Debt Service
13,949,000 13,175,000
$3,949,000 the first year and
$3,175,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on state government
finance of the senate and the committee
on ways and means of the house of
representatives of the amount of the
deficiency and shall then transfer that
amount under the statutory open
appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
(c) Research and Investment Management
12,450,000 12,597,000
$600,000 the first year and $600,000
the second year are available for
grants for transportation studies
outside the metropolitan area to
identify critical concerns, problems,
and issues. These grants are available
to (1) regional development
commissions, and (2) in regions where
no regional development commission is
functioning, joint powers boards
established under agreement of two or
more political subdivisions in the
region to exercise the planning
functions of a regional development
commission, and (3) in regions where no
regional development commission or
joint powers board is functioning, the
department's district office for that
region.
$216,000 the first year and $216,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
$75,000 the first year and $25,000 the
second year are for transportation
planning relating to the 2000 census.
This appropriation may not be added to
the agency's budget base.
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
(d) Central Engineering Services
68,563,000 70,940,000
(e) Design and Construction Engineering
80,592,000 83,246,000
$1,000,000 the first year and $500,000
the second year are for transportation
planning relating to the 2000 census.
This appropriation may not be added to
the agency's budget base.
(f) State Road Operations
214,703,000 216,561,000
$1,000,000 each year are for
enhancements to the freeway operations
program in the metropolitan area.
$1,000,000 the first year and
$1,000,000 the second year are for
maintenance services including rest
area maintenance, vehicle insurance,
ditch assessments, and tort claims.
$3,000,000 the first year and
$3,000,000 the second year are from the
trunk highway fund for additional line
personnel and related equipment and
supplies in highway maintenance and
program delivery, based upon an
agreement between the department and
the exclusive bargaining representative
concerning the distribution of
additional line positions among program
delivery and maintenance in
metropolitan and nonmetropolitan
districts. The agreement must be
presented to the chairs of the house
and senate transportation committees
before these funds can be expended. If
an agreement is not reached before
October 1, 1999, these appropriations
cancel.* (The preceding text beginning
"$3,000,000 the first year" was vetoed
by the governor.)
$3,000,000 the first year and
$1,000,000 the second year are for
improved highway striping.
$500,000 the first year and $500,000
the second year are for safety
technology applications.
$150,000 the first year and $150,000
the second year are for statewide asset
preservation and repair.
$750,000 the first year and $750,000
the second year are for the
implementation of the transportation
worker concept.
The commissioner shall establish a task
force to study seasonal road
restrictions and report to the
legislature its findings and any
recommendations for legislative
action. The commissioner shall appoint
members representing:
(1) aggregate and ready-mix producers;
(2) solid waste haulers;
(3) liquid waste haulers;
(4) the logging industry;
(5) the construction industry; and
(6) agricultural interests.
The task force shall report to the
legislature by February 1, 2000, on its
findings and recommendations.
(g) Electronic Communications
5,684,000 5,543,000
Summary by Fund
General 59,000 9,000
Trunk Highway 5,625,000 5,534,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
$50,000 the first year from the general
fund is for purchase of equipment for
the 800 MHz public safety radio system.
$200,000 the first year is from the
trunk highway fund for costs resulting
from the termination of agreements made
under article 2, sections 31 and 89.
This appropriation does not cancel but
is available until spent.
In each year of the biennium the
commissioner shall request the
commissioner of administration to
request bids for the purchase of
digital mobile and portable radios to
be used on the metropolitan regional
public safety radio communications
system.
Subd. 8. General Support 41,731,000 40,446,000
Summary by Fund
General 49,000 49,000
Airports 70,000 70,000
Trunk Highway 41,612,000 40,327,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Management
28,523,000 29,181,000
The commissioner shall implement at the
earliest feasible date the
commissioner's technical memorandum no.
99-14-TS-02, outlining the process to
convert plans, specifications, and
estimates to the English system of
measurement. The commissioner shall
report by January 15, 2000, to the
chairs of the house and senate
committees on transportation policy and
transportation finance on the status
and schedule of English measurement
conversion.
(b) General Services
13,208,000 11,265,000
Summary by Fund
General 49,000 49,000
Airports 70,000 70,000
Trunk Highway 13,089,000 11,146,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$2,500,000 the first year and $500,000
the second year are from the trunk
highway fund for implementation of the
department's plan for shared
information resources.
Subd. 9. Buildings 3,776,000 3,775,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 10. Transfers
(a) The commissioner of transportation
with the approval of the commissioner
of finance may transfer unencumbered
balances among the appropriations from
the trunk highway fund and the state
airports fund made in this section. No
transfer may be made from the
appropriation for state road
construction. No transfer may be made
from the appropriations for debt
service to any other appropriation.
Transfers under this paragraph may not
be made between funds. Transfers must
be reported immediately to the chair of
the transportation budget division of
the senate and the chair of the
transportation finance committee of the
house of representatives.
(b) The commissioner of finance shall
transfer from the flexible account in
the county state-aid highway fund
$4,400,000 the first year and
$4,500,000 the second year to the
municipal turnback account in the
municipal state-aid street fund,
$5,000,000 in the second year to the
trunk highway fund, and the remainder
in each year to the county turnback
account in the county state-aid highway
fund.
Subd. 11. Use of State Road
Construction Appropriations
Any money appropriated to the
commissioner of transportation for
state road construction for any fiscal
year before fiscal year 2000 is
available to the commissioner during
fiscal years 2000 and 2001 to the
extent that the commissioner spends the
money on the state road construction
project for which the money was
originally encumbered during the fiscal
year for which it was appropriated.
The commissioner of transportation
shall report to the commissioner of
finance by August 1, 2000, and August
1, 2001, on a form the commissioner of
finance provides, on expenditures made
during the previous fiscal year that
are authorized by this subdivision.
Subd. 12. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission under Minnesota
Statutes, section 3.30, may transfer
all or part of the unappropriated
balance in the trunk highway fund to an
appropriation (1) for trunk highway
design, construction, or inspection in
order to take advantage of an
unanticipated receipt of income to the
trunk highway fund, (2) for trunk
highway maintenance in order to meet an
emergency, or (3) to pay tort or
environmental claims. The amount
transferred is appropriated for the
purpose of the account to which it is
transferred.
Sec. 3. METROPOLITAN COUNCIL
TRANSIT 56,801,000 53,101,000
The council may not spend more than
$38,100,000 for metro mobility in the
2000-2001 biennium except for proceeds
from bond sales when use of those
proceeds for metro mobility capital
expenditures is authorized by law.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 110,046,000 110,776,000
Summary by Fund
2000 2001
General 11,915,000 11,367,000
Trunk
Highway 81,829,000 82,994,000
Highway User 15,355,000 15,450,000
Special
Revenue 947,000 965,000
Subd. 2. Administration
and Related Services 12,740,000 12,976,000
Summary by Fund
General 4,478,000 4,555,000
Trunk Highway 6,877,000 7,036,000
Highway User 1,385,000 1,385,000
(a) Office of Communications
374,000 382,000
Summary by Fund
General 20,000 20,000
Trunk Highway 354,000 362,000
(b) Public Safety Support
7,653,000 7,811,000
Summary by Fund
General 3,014,000 3,085,000
Trunk Highway 3,273,000 3,360,000
Highway User 1,366,000 1,366,000
$326,000 the first year and $326,000
the second year are for payment of
public safety officer survivor benefits
under Minnesota Statutes, section
299A.44. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$244,000 the first year and $314,000
the second year are to be deposited in
the public safety officer's benefit
account. This money is available for
reimbursements under Minnesota
Statutes, section 299A.465.
$508,000 the first year and $508,000
the second year are for soft body armor
reimbursements under Minnesota
Statutes, section 299A.38.
$1,830,000 the first year and
$1,830,000 the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on December
31, 1999, and December 31, 2000,
respectively, in order to reimburse the
trunk highway fund for expenses not
related to the fund. These represent
amounts appropriated out of the trunk
highway fund for general fund purposes
in the administration and related
services program.
$610,000 the first year and $610,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the trunk highway fund on
December 31, 1999, and December 31,
2000, respectively, in order to
reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user tax distribution fund
purposes in the administration and
related services program.
$716,000 the first year and $716,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the general fund on December
31, 1999, and December 31, 2000,
respectively, in order to reimburse the
general fund for expenses not related
to the fund. These represent amounts
appropriated out of the general fund
for operation of the criminal justice
data network related to driver and
motor vehicle licensing.
(c) Technical Support Services
4,713,000 4,783,000
Summary by Fund
General 1,444,000 1,450,000
Trunk Highway 3,250,000 3,314,000
Highway User 19,000 19,000
Subd. 3. State Patrol 57,378,000 57,311,000
Summary by Fund
2000 2001
General 3,499,000 2,675,000
Trunk Highway 53,788,000 54,544,000
Highway User 91,000 92,000
(a) Patrolling Highways
47,028,000 46,804,000
Summary by Fund
General 835,000 -0-
Trunk Highway 46,193,000 46,804,000
$835,000 from the general fund the
first year is for replacement of a
state patrol helicopter. This
appropriation may not be added to the
agency's budget base.
$735,000 the first year is for annual
hiring of trooper candidates and
operation of the state patrol
entry-level recruit training academy.
This appropriation may not be added to
the agency's budget base.
(b) Commercial Vehicle Enforcement
6,013,000 6,117,000
This appropriation is from the trunk
highway fund.
(c) Capitol Security
2,627,000 2,638,000
This appropriation is from the general
fund.
$275,000 the first year and $217,000
the second year from the general fund
are for capitol security personnel for
the protection of elected state
officials.
(d) State Patrol Support
1,710,000 1,752,000
Summary by Fund
General 37,000 37,000
Trunk Highway 1,582,000 1,623,000
Highway User 91,000 92,000
Subd. 4. Driver and
Vehicle Services 38,677,000 39,214,000
Summary by Fund
2000 2001
General 3,938,000 4,137,000
Trunk Highway 20,860,000 21,104,000
Highway User 13,879,000 13,973,000
(a) Vehicle Registration
and Title
15,269,000 15,510,000
Summary by Fund
General 3,291,000 3,473,000
Highway User 11,978,000 12,037,000
$45,000 the first year is from the
highway user tax distribution fund for
purchase of an optical scanner. This
appropriation may not be added to the
agency's budget base.
$548,000 the first year and $415,000
the second year are from the highway
user tax distribution fund for
increased vehicle license plate costs.
$98,000 the first year is from the
highway user tax distribution fund for
computer programming related to
disabled parking records management and
enforcement. This amount may not be
added to the agency's budget base.
$33,000 the first year and $127,000 the
second year are from the general fund
for implementation of the vehicle
transfer reporting system under article
2, sections 10 and 11.
(b) Interstate Registration
and Reciprocity
1,584,000 1,613,000
This appropriation is from the highway
user tax distribution fund.
(c) Licensing Drivers
21,176,000 21,429,000
Summary by Fund
General 635,000 652,000
Trunk Highway 20,464,000 20,699,000
Highway User 77,000 78,000
$1,095,000 the first year and $800,000
the second year are from the trunk
highway fund for improved driver
testing services.
(d) Driver and Vehicle Services
Support
648,000 662,000
Summary by Fund
General 12,000 12,000
Trunk Highway 396,000 405,000
Highway User 240,000 245,000
Subd. 5. Traffic Safety 304,000 310,000
This appropriation is from the trunk
highway fund.
Subd. 6. Pipeline Safety 947,000 965,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Sec. 5. MINNESOTA SAFETY COUNCIL 67,000 67,000
This appropriation is from the trunk
highway fund.
Sec. 6. GENERAL CONTINGENT
ACCOUNTS 375,000 375,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
Sec. 7. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 8. Laws 1997, chapter 159, article 1, section 2,
subdivision 7, is amended to read:
Subd. 7. State Roads 9,000,000 807,314,000 817,712,000
Summary by Fund
1997 1998 1999
General 109,000 109,000
Trunk Highway 9,000,000 807,205,000 817,603,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
9,000,000 445,822,000 445,838,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
225,000,000 225,000,000
Highway User Taxes
220,822,000 220,838,000
The commissioner of transportation
shall notify the chair of the
transportation budget division of the
senate and chair of the transportation
budget division finance committee of
the house of representatives quarterly
of any events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway rights-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
The appropriation for fiscal year 1997
is for state road construction and is
added to the appropriations in Laws
1995, chapter 265, article 2, section
2, subdivision 7, clause (a). The
commissioner, with the approval of the
commissioner of finance, may spend up
to $7,100,000 of this appropriation for
state road operations for flood relief
efforts.
Of this appropriation, up to
$15,000,000 the first year and up to
$15,000,000 the second year may be
transferred by the commissioner to the
trunk highway revolving loan account if
this account is created in the trunk
highway fund.
The commissioner of transportation may
receive money covering other shares of
the cost of partnership projects.
These receipts are appropriated to the
commissioner for these projects.
Before proceeding with a project, or a
series of projects on a single highway,
with a cost exceeding $10,000,000, the
commissioner shall consider the
feasibility of alternative means of
financing the project or series of
projects, including but not limited to
congestion pricing, tolls, mileage
pricing, and public-private partnership.
(b) Highway Debt Service
15,161,000 13,539,000
$5,951,000 the first year and
$5,403,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on state government
finance of the senate and the committee
on ways and means of the house of
representatives of the amount of the
deficiency and shall then transfer that
amount under the statutory open
appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
(c) Research and Investment Management
11,606,000 11,791,000
$600,000 the first year and $600,000
the second year are available for
grants for transportation studies
outside the metropolitan area for
transportation studies to identify
critical concerns, problems, and
issues. These grants are available to
(1) regional development commissions,
and (2) in regions where no regional
development commission is functioning,
joint-powers boards established under
agreement of two or more political
subdivisions in the region to exercise
the planning functions of a regional
development commission, and (3) in
regions where no regional development
commission or joint powers board is
functioning, the department's district
office for that region.
$216,000 the first year and $216,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
$154,000 the first year and $181,000
the second year are for development of
an upgraded transportation information
system for making investment decisions.
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
(d) Central Engineering Services
56,593,000 57,384,000
Of these appropriations, $2,190,000 the
first year and $2,190,000 the second
year are for scientific equipment. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
(e) Design and Construction Engineering
69,445,000 70,879,000
(f) State Road Operations
202,431,000 205,503,000
Summary by Fund
General 100,000 100,000
Trunk Highway 202,331,000 205,403,000
$11,689,000 the first year and
$11,689,000 the second year are for
road equipment. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
$805,000 each year is for the Orion
intelligent transportation system
research project.
$100,000 the first year and $100,000
the second year are from the general
fund for grants to the Minnesota
highway safety center at St. Cloud
State University for driver education.
(g) Electronic Communications
6,256,000 12,778,000
Summary by Fund
General 9,000 9,000
Trunk Highway 6,247,000 12,769,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
$1,730,000 the first year and
$8,170,000 the second year are for the
purchase of ancillary equipment for the
800 MHz system and for personnel
necessary to develop, install, and
operate the system. This appropriation
does not cancel but is available until
spent.
Sec. 9. Laws 1997, chapter 159, article 1, section 4,
subdivision 3, is amended to read:
Subd. 3. State Patrol 226,000 51,215,000 51,717,000
Summary by Fund
1997 1998 1999
General 226,000 2,058,000 2,181,000
Trunk Highway 49,067,000 49,446,000
Highway User 90,000 90,000
The commissioner of finance shall
reduce the appropriations for the
division of state patrol from the trunk
highway fund and general fund as
necessary to reflect legislation
enacted in 1997 that (1) reduces state
contributions for pensions for
employees under the division of state
patrol from the trunk highway fund or
general fund, or (2) provides money for
those pensions from police state aid.
Of the appropriation for fiscal year
1997, $76,000 is for transfer to the
trunk highway fund and $150,000 is to
reimburse the state patrol for general
fund expenditures to cover the costs of
deploying state patrol troopers to the
city of Minneapolis to assist the city
in combating violent crime.
$600,000 the first year and $1,200,000
the second year from the trunk highway
fund are to implement wage increases
for state patrol troopers, trooper 1s,
and corporals. The wage adjustments
are based on an internal Hay study
conducted by the department of employee
relations.
$1,675,000 the first year and $424,000
the second year from the trunk highway
fund and $93,000 the first year and
$22,000 the second year from the
general fund are for the development
and operational costs of computer-aided
dispatching, records management, and
station office automation systems.
$78,000 the first year and $78,000 the
second year from the general fund are
for additional capitol complex security
positions.
The commissioner of public safety shall
identify and implement measures to
increase the representation of females
and minorities in the state patrol so
that the trooper population more
accurately reflects the population
served by the state patrol. These
measures must include:
(1) evaluation of hiring and training
programs to identify and eliminate any
biases against underutilized, protected
groups;
(2) expansion of outreach programs to
high schools to include informational
presentations on law enforcement
careers and law enforcement degree
programs;
(3) intensification of recruitment
efforts toward qualified members of
protected groups;
(4) provision of guidance and support
to students in law enforcement degree
programs;
(5) publication of employment
opportunities in newspapers with
substantial readership among protected
groups; and
(6) development of other innovative
ways to promote awareness, acceptance,
and appreciation for diversity and
affirmative action in the state patrol.
The commissioner shall report to the
senate transportation committee and the
house of representatives transportation
and transit committee by January 30,
1998, on the measures implemented,
results achieved, progress made in
reaching affirmative action goals, and
recommendations for future action.
When an otherwise qualified candidate
does not have the educational credits
to meet the current peace officer
standards and training board licensing
standards, the commissioner may provide
the financial resources to obtain the
education necessary to meet the
licensing requirements. Of this
appropriation, $150,000 the second year
from the general fund is for assistance
to these otherwise qualified
individuals to prepare them for the
trooper candidate school beginning in
January 1999. This appropriation does
not cancel but is available until spent.
ARTICLE 2
TRANSPORTATION DEVELOPMENT
Section 1. Minnesota Statutes 1998, section 121A.36,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATION.] (a) All funds in the motorcycle
safety fund created by section 171.06, subdivision 2a, are
hereby annually appropriated to the commissioner of public
safety to carry out the purposes of subdivisions 1 and 2. The
commissioner of public safety may make grants from the fund to
the commissioner of children, families, and learning at such
times and in such amounts as the commissioner deems necessary to
carry out the purposes of subdivisions 1 and 2.
(b) Of the money appropriated under paragraph (a):
(1) In each of fiscal years 1997, 1998, and 1999, not more
than $25,000, and in subsequent years not more than five
percent, shall be expended to defray the administrative costs of
carrying out the purposes of subdivisions 1 and 2.; and
(2) In each of fiscal years 1997, 1998, and 1999, not more
than 65 percent, and in subsequent years not more than 60
percent, shall be expended for the combined purpose of training
and coordinating the activities of motorcycle safety instructors
and making reimbursements to schools and other approved
organizations.
Sec. 2. Minnesota Statutes 1998, section 168.011,
subdivision 35, is amended to read:
Subd. 35. [LIMOUSINE.] For purposes of motor vehicle
registration only, "Limousine" means an unmarked a luxury
passenger automobile that is not a van or station wagon and has
a seating capacity of not more than 12 persons, excluding the
driver.
Sec. 3. Minnesota Statutes 1998, section 168.012,
subdivision 1, is amended to read:
Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION
FEES.] (a) The following vehicles are exempt from the provisions
of this chapter requiring payment of tax and registration fees,
except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any
political subdivision;
(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from such institutions;
(3) vehicles used solely in driver education programs at
nonpublic high schools;
(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;
(5) vehicles owned and used by honorary consul; and
(6) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; and
(7) vehicles owned by a commercial driving school licensed
under section 171.34 and used exclusively for driver education
and training.
(b) Vehicles owned by the federal government, municipal
fire apparatus including fire suppression support vehicles,
police patrols and ambulances, the general appearance of which
is unmistakable, shall not be required to register or display
number plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, arson investigations, and passenger automobiles,
pickup trucks, and buses owned or operated by the department of
corrections shall be registered and shall display appropriate
license number plates which shall be furnished by the registrar
at cost. Original and renewal applications for these license
plates authorized for use in general police work and for use by
the department of corrections must be accompanied by a
certification signed by the appropriate chief of police if
issued to a police vehicle, the appropriate sheriff if issued to
a sheriff's vehicle, the commissioner of corrections if issued
to a department of corrections vehicle, or the appropriate
officer in charge if issued to a vehicle of any other law
enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will
be used exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used by the departments of revenue
and labor and industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates which
shall be furnished at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the
commissioner of revenue or the commissioner of labor and
industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used
exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used by the division of disease
prevention and control of the department of health must be
registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost
by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the division of disease prevention and
control.
(f) All other motor vehicles shall be registered and
display tax-exempt number plates which shall be furnished by the
registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates shall have
the name of the state department or political subdivision, or
the nonpublic high school operating a driver education program,
or licensed commercial driving school, on the vehicle plainly
displayed on both sides thereof in letters not less than 2-1/2
inches high and one-half inch wide; except that each state
hospital and institution for the mentally ill and mentally
retarded may have one vehicle without the required
identification on the sides of the vehicle, and county social
service agencies may have vehicles used for child and vulnerable
adult protective services without the required identification on
the sides of the vehicle. Such identification shall be in a
color giving contrast with that of the part of the vehicle on
which it is placed and shall endure throughout the term of the
registration. The identification must not be on a removable
plate or placard and shall be kept clean and visible at all
times; except that a removable plate or placard may be utilized
on vehicles leased or loaned to a political subdivision or to a
nonpublic high school driver education program.
Sec. 4. Minnesota Statutes 1998, section 168.013,
subdivision 2, is amended to read:
Subd. 2. [PRORATED FEES.] When a motor vehicle first
becomes subject to taxation during the registration period for
which the tax is paid, or when a vehicle becomes subject to
taxation upon transfer from a motor vehicle dealer, the tax
shall be for the remainder of the period prorated on a monthly
basis, 1/12 of the annual tax for each calendar month or
fraction thereof; provided, however, that for a vehicle having
an annual tax of $10 or less there shall be no reduction until
on and after September 1 when the annual tax shall be reduced
one-half.
Sec. 5. Minnesota Statutes 1998, section 168.013,
subdivision 6, is amended to read:
Subd. 6. [LISTING BY DEALERS.] The owner of every motor
vehicle not exempted by section 168.012 or 168.28, shall, so
long as it is subject to taxation within the state, list and
register the same and pay the tax herein provided annually;
provided, however, that any dealer in motor vehicles, to whom
dealer's plates have been issued as provided in this chapter,
coming into the possession of any such motor vehicle to be held
solely for the purpose of sale or demonstration or both, shall
be entitled to withhold the tax becoming due on such vehicle for
the following year if the vehicle is received before the current
year registration expires and the transfer is filed with the
registrar on or before such expiration date. When, thereafter,
such vehicle is otherwise used or is sold, leased, or rented to
another person, firm, corporation, or association, the whole tax
for the remainder of the year, prorated on a monthly basis,
shall become payable immediately with all arrears.
Sec. 6. Minnesota Statutes 1998, section 168.021,
subdivision 2, is amended to read:
Subd. 2. [DESIGN OF PLATES; FURNISHING BY REGISTRAR.] The
registrar of motor vehicles shall design and furnish two license
number plates with attached emblems to each eligible owner. The
emblem must bear the internationally accepted wheelchair symbol,
as designated in section 16B.61, subdivision 5, approximately
three inches square. The emblem must be large enough to be
visible plainly from a distance of 50 feet. An applicant
eligible for the special plates shall pay the motor vehicle
registration fee authorized by law less a credit of $1 for each
month registered.
Sec. 7. Minnesota Statutes 1998, section 168.17, is
amended to read:
168.17 [SUSPENSION OF REGISTRATION.]
All registrations and issue of number plates shall be
subject to amendment, suspension, modification or revocation by
the registrar summarily for any violation of or neglect to
comply with the provisions of this chapter or when the
transferee fails to comply with section 168A.10, subdivision 2,
within 30 days of the date of sale. In any case where the
proper registration of a motor vehicle is dependent upon
procuring information entailing such delay as to unreasonably
deprive the owner of the use of the motor vehicle, the registrar
may issue a tax receipt and plates conditionally. In any case
when revoking a registration for cause, the registrar shall have
authority to demand the return of the number plates and
registration certificates, and, if necessary, to seize the
number plates issued for such registration.
Sec. 8. Minnesota Statutes 1998, section 168.301,
subdivision 3, is amended to read:
Subd. 3. [LATE FEE.] In addition to any fee or tax
otherwise authorized or imposed upon the transfer of title for a
motor vehicle, the commissioner of public safety shall impose a
$2 additional fee for failure to deliver a title transfer within
14 ten days.
Sec. 9. Minnesota Statutes 1998, section 168.301,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] When the commissioner has
suspended license plates on a vehicle because the transferee has
failed to deliver file the title certificate within ten 30 days
as provided in subdivision 1, the transferee shall pay a $5 $10
fee before the registration is reinstated.
Sec. 10. Minnesota Statutes 1998, section 168A.05,
subdivision 5, is amended to read:
Subd. 5. [ASSIGNMENT AND WARRANTY OF TITLE FORMS.] (a) The
certificate of title shall contain forms:
(1) for assignment and warranty of title by the owner, and;
(2) for assignment and warranty of title by a dealer, and
shall contain forms for applications;
(3) to apply for a certificate of title by a transferee,
and the naming of;
(4) to name a secured party, and shall include language
necessary to implement; and
(5) to make the disclosure required by section 325F.6641.
(b) The certificate of title must also include a separate
detachable postcard entitled "Notice of Sale" that contains, but
is not limited to, the vehicle's title number and vehicle
identification number. The postcard must include sufficient
space for the owner to record the purchaser's name, address, and
driver's license number, if any, and the date of sale. The
Notice of Sale must include clear instructions regarding the
owner's responsibility to complete and return the form, or to
transmit the required information electronically in a form
acceptable to the commissioner, pursuant to section 168A.10,
subdivision 1.
Sec. 11. Minnesota Statutes 1998, section 168A.10,
subdivision 1, is amended to read:
Subdivision 1. [ASSIGNMENT AND WARRANTY OF TITLE; MILEAGE;
NOTICE OF SALE.] If an owner transfers interest in a vehicle
other than by the creation of a security interest, the owner
shall at the time of the delivery of the vehicle execute an
assignment and warranty of title to the transferee and shall
state the actual selling price in the space provided therefor on
the certificate. Within ten days of the date of sale, other
than a sale by or to a licensed motor vehicle dealer, the owner
shall: (1) complete, detach, and return to the department the
postcard on the certificate entitled "Notice of Sale," if one is
provided, including the transferee's name, address, and driver's
license number, if any, and the date of sale; or (2) transmit
this information electronically in a form acceptable to the
commissioner. With respect to motor vehicles subject to the
provisions of section 325E.15, the transferor shall also, in the
space provided therefor on the certificate, state the true
cumulative mileage registered on the odometer or that the actual
mileage is unknown if the odometer reading is known by the
transferor to be different from the true mileage. The
transferor shall cause the certificate and assignment to be
delivered to the transferee immediately.
Sec. 12. Minnesota Statutes 1998, section 168A.10,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION FOR NEW CERTIFICATE.] Except as
provided in section 168A.11, the transferee shall, within ten
days after assignment to the transferee of the vehicle title
certificate, execute the application for a new certificate of
title in the space provided therefor on the certificate, and
cause the certificate of title to be mailed or delivered to the
department. Failure of the transferee to comply with this
subdivision shall result in the suspension of the vehicle's
registration under section 168.17.
Sec. 13. Minnesota Statutes 1998, section 168A.10,
subdivision 5, is amended to read:
Subd. 5. [COMPLIANCE REMOVES LIABILITY AFTER DELIVERY.]
Except as provided in section 168A.11 and as between the
parties, a transfer by an owner is not effective until the
provisions of this section have been complied with; however, an
owner who has delivered possession of the vehicle to the
transferee and has complied, or within 48 hours after such
delivery does comply, with the provisions of this section
requiring action by the owner is not liable as owner for any
damages resulting from operation of the vehicle after the
delivery of the vehicle to the transferee. An owner is not
liable who has complied with the provisions of this section
except for completing and returning the Notice of Sale or
transmitting the required information electronically under
subdivision 1.
Sec. 14. Minnesota Statutes 1998, section 168A.30,
subdivision 2, is amended to read:
Subd. 2. [WILLFUL OR FRAUDULENT ACTS; FAILURE TO NOTIFY.]
A person is guilty of a misdemeanor who:
(1) with fraudulent intent permits another, not entitled
thereto, to use or have possession of a certificate of title;
(2) willfully fails to mail or deliver a certificate of
title to the department within the time required by sections
168A.01 to 168A.31;
(3) willfully fails to deliver to the transferee a
certificate of title within ten days after the time required by
sections 168A.01 to 168A.31;
(4) commits a fraud in any application for a certificate of
title;
(5) fails to notify the department of any fact as required
by sections 168A.01 to 168A.31, except for the facts included in
the Notice of Sale described in section 168A.10, subdivision 1;
or
(6) willfully violates any other provision of sections
168A.01 to 168A.31 except as otherwise provided in sections
168A.01 to 168A.31.
Sec. 15. Minnesota Statutes 1998, section 169.122,
subdivision 5, is amended to read:
Subd. 5. [EXCEPTION.] This section does not apply to the
possession or consumption of alcoholic beverages by passengers
in:
(1) a bus operated under a charter as defined in section
221.011, subdivision 20 that is operated by a motor carrier of
passengers, as defined in section 221.011, subdivision 48; or
(2) a vehicle providing limousine service as defined in
section 221.84, subdivision 1.
Sec. 16. Minnesota Statutes 1998, section 169.345,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF PRIVILEGE.] (a) A vehicle that
prominently displays the certificate authorized by this section
or that bears license plates issued under section 168.021, may
be parked by or solely for the benefit of a physically disabled
person:
(1) in a designated parking space for disabled persons, as
provided in section 169.346; and
(2) in a metered parking space without obligation to pay
the meter fee and without time restrictions unless time
restrictions are separately posted on official signs; and
(3) without time restrictions in a nonmetered space where
parking is otherwise allowed for passenger vehicles but
restricted to a maximum period of time and which does not
specifically prohibit the exercise of disabled parking
privileges in that space.
A person may park a vehicle for a physically disabled person in
a parking space described in clause (1) or (2) only when
actually transporting the physically disabled person for the
sole benefit of that person and when the parking space is within
a reasonable distance from the drop-off point.
(b) For purposes of this subdivision, a certificate is
prominently displayed if it is displayed so that it may be
viewed from the front and rear of the vehicle by hanging it from
the rearview mirror attached to the front windshield of the
vehicle. If there is no rearview mirror or if the certificate
holder's disability precludes placing the certificate on the
mirror, the placard must be displayed on the dashboard on the
driver's side of the vehicle. No part of the certificate may be
obscured.
(c) Notwithstanding paragraph (a), clauses (1) and, (2),
and (3), this section does not permit parking in areas
prohibited by sections 169.32 and 169.34, in designated no
parking spaces, or in parking spaces reserved for specified
purposes or vehicles. A local governmental unit may, by
ordinance, prohibit parking on any street or highway to create a
fire lane, or to accommodate heavy traffic during morning and
afternoon rush hours and these ordinances also apply to
physically disabled persons.
Sec. 17. Minnesota Statutes 1998, section 169.345,
subdivision 3, is amended to read:
Subd. 3. [IDENTIFYING CERTIFICATE.] (a) The division of
driver and vehicle services in the department of public safety
shall issue (1) immediately, a temporary permit valid for 30
days, if the person is eligible for the certificate issued under
this paragraph, and (2) a special identifying certificate for a
motor vehicle when a physically disabled applicant submits proof
of physical disability under subdivision 2a. The commissioner
shall design separate certificates for persons with permanent
and temporary disabilities that can be readily distinguished
from each other from outside a vehicle at a distance of 25
feet. The certificate is valid for six years, if the disability
is specified in the physician's or chiropractor's statement as
permanent, and is valid for a period not to exceed six months,
if the disability is specified as temporary.
(b) When the commissioner is satisfied that a motor vehicle
is used primarily for the purpose of transporting physically
disabled persons, the division may issue without charge (1)
immediately, a temporary permit valid for 30 days, if the
operator is eligible for the certificate issued under this
paragraph, and (2) a special identifying certificate for the
vehicle. The operator of a vehicle displaying the certificate
or temporary permit has the parking privileges provided in
subdivision 1 only while the vehicle is actually in use for
transporting physically disabled persons. The certificate
issued to a person transporting physically disabled persons must
be renewed every third year. On application and renewal, the
person must present evidence that the vehicle continues to be
used for transporting physically disabled persons. When the
commissioner of public safety issues commercial certificates to
an organization, the commissioner shall require documentation
satisfactory to the commissioner from each organization that
procedures and controls have been implemented to ensure that the
parking privileges available under this section will not be
abused.
(c) A certificate must be made of plastic or similar
durable material and must bear its expiration date prominently
on both sides. A certificate issued prior to January 1, 1994,
must bear its expiration date prominently on its face and will
remain valid until that date or December 31, 2000, whichever
shall come first. A certificate issued to a temporarily
disabled person must display the date of expiration of the
duration of the disability, as determined under paragraph (a).
Each applicant must be provided a summary of the parking
privileges and restrictions that apply to each vehicle for which
the certificate is used. The commissioner may charge a fee of
$5 for issuance or renewal of a certificate or temporary permit,
and a fee of $5 for a duplicate to replace a lost, stolen, or
damaged certificate or temporary permit. The commissioner shall
not charge a fee for issuing a certificate to a person who has
paid a fee for issuance of a temporary permit. The commissioner
shall not issue more than three replacement certificates within
any six-year period without the approval of the council on
disability.
Sec. 18. Minnesota Statutes 1998, section 169.345,
subdivision 4, is amended to read:
Subd. 4. [UNAUTHORIZED USE; REVOCATION; MISDEMEANOR.] If a
peace officer, authorized parking enforcement employee or agent
of a statutory or home rule charter city or town, or authorized
agent of the citizen enforcement program finds that the
certificate or temporary permit is being improperly used, the
officer, municipal employee, or agent shall report the violation
to the division of driver and vehicle services in the department
of public safety and the commissioner of public safety may
revoke the certificate or temporary permit. A person who uses
the certificate or temporary permit in violation of this section
is guilty of a misdemeanor and is subject to a fine of $500.
Sec. 19. Minnesota Statutes 1998, section 169.346,
subdivision 3, is amended to read:
Subd. 3. [MISDEMEANOR; ENFORCEMENT.] A person who violates
subdivision 1 is guilty of a misdemeanor and shall be fined not
less than $100 or more than $200. This subdivision shall be
enforced in the same manner as parking ordinances or regulations
in the governmental subdivision in which the violation occurs.
Law enforcement officers have the authority to tag vehicles
parked on either private or public property in violation of
subdivision 1. Parking enforcement employees or agents of
statutory or home rule charter cities or towns have the
authority to tag or otherwise issue citations for vehicles
parked on public property in violation of subdivision 1. If a
holder of a disability certificate or disability plates allows a
person who is not otherwise eligible to use the certificate or
plates, then the holder shall not be eligible to be issued or to
use a disability certificate or plates for 12 months after the
date of violation. A physically disabled person, or a person
parking a vehicle for a disabled person, who is charged with
violating subdivision 1 because the person parked in a parking
space for physically disabled persons without the required
certificate, license plates, or temporary permit shall not be
convicted if the person produces in court or before the court
appearance the required certificate, temporary permit, or
evidence that the person has been issued license plates under
section 168.021, and demonstrates entitlement to the
certificate, plates, or temporary permit at the time of arrest
or tagging.
Sec. 20. Minnesota Statutes 1998, section 169.346, is
amended by adding a subdivision to read:
Subd. 5. [LOCAL ORDINANCE; LONG-TERM PARKING.] A statutory
or home rule charter city may enact an ordinance establishing a
permit program for long-term parking.
Sec. 21. Minnesota Statutes 1998, section 169.55,
subdivision 1, is amended to read:
Subdivision 1. [LIGHTS OR REFLECTORS REQUIRED.] At the
times when lighted lamps on vehicles are required each vehicle
including an animal-drawn vehicle and any vehicle specifically
excepted in sections 169.47 to 169.79, with respect to equipment
and not hereinbefore specifically required to be equipped with
lamps, shall be equipped with one or more lighted lamps or
lanterns projecting a white light visible from a distance of 500
feet to the front of the vehicle and with a lamp or lantern
exhibiting a red light visible from a distance of 500 feet to
the rear, except that reflectors meeting the maximum
requirements of this chapter may be used in lieu of the lights
required in this subdivision. It shall be unlawful except as
otherwise provided in this subdivision, to project a white light
to the rear of any such vehicle while traveling on any street or
highway, unless such vehicle is moving in reverse. A lighting
device mounted on top of a vehicle engaged in deliveries to
residences may project a white light to the rear if the sign
projects one or more additional colors to the rear. An
authorized emergency vehicle may display an oscillating,
alternating, or rotating white light used in connection with an
oscillating, alternating, or rotating red light when responding
to emergency calls.
Sec. 22. Minnesota Statutes 1998, section 169.58, is
amended by adding a subdivision to read:
Subd. 4. [LIGHTED SIGN ON VEHICLE.] A vehicle engaged in
deliveries to residences may display a lighting device mounted
on the vehicle, which may project a red light to the front if
the sign projects one or more additional colors to the front.
Sec. 23. Minnesota Statutes 1998, section 171.04,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS NOT ELIGIBLE.] The department
shall not issue a driver's license:
(1) to any person under 18 years unless:
(i) the applicant is 16 or 17 years of age and has a
previously issued valid license from another state or country or
the applicant has, for the 12 consecutive months preceding
application, held a provisional license and during that time has
incurred (A) no conviction for a violation of section 169.121,
169.1218, 169.122, or 169.123, (B) no conviction for a
crash-related moving violation, and (C) not more than one
conviction for a moving violation that is not crash related.
"Moving violation" means a violation of a traffic regulation but
does not include a parking violation, vehicle equipment
violation, or warning citation.
(ii) the application for a license is approved by (A)
either parent when both reside in the same household as the
minor applicant or, if otherwise, then (B) the parent or spouse
of the parent having custody or, in the event there is no court
order for custody, then (C) the parent or spouse of the parent
with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) the guardian having custody of the minor or, in
the event a person under the age of 18 has no living father,
mother, or guardian, then (E) the minor's employer; provided,
that the approval required by this item contains a verification
of the age of the applicant and the identity of the parent,
guardian, or employer; and
(iii) the applicant presents a certification by the person
who approves the application under item (ii), stating that the
applicant has driven a motor vehicle accompanied by and under
supervision of a licensed driver at least 21 years of age for at
least ten hours during the period of provisional licensure;
(2) to any person who is under the age of 18 years of age
or younger, unless the person has applied for, been issued, and
possessed the appropriate instruction permit for a minimum of
six months, and, with respect to a person under 18 years of age,
a provisional license for a minimum of 12 months;
(3) to any person who is 19 years of age or older, unless
that person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of three months;
(4) to any person whose license has been suspended during
the period of suspension except that a suspended license may be
reinstated during the period of suspension upon the licensee
furnishing proof of financial responsibility in the same manner
as provided in the Minnesota No-Fault Automobile Insurance Act;
(4) (5) to any person whose license has been revoked except
upon furnishing proof of financial responsibility in the same
manner as provided in the Minnesota No-Fault Automobile
Insurance Act and if otherwise qualified;
(5) (6) to any drug dependent person, as defined in section
254A.02, subdivision 5;
(6) (7) to any person who has been adjudged legally
incompetent by reason of mental illness, mental deficiency, or
inebriation, and has not been restored to capacity, unless the
department is satisfied that the person is competent to operate
a motor vehicle with safety to persons or property;
(7) (8) to any person who is required by this chapter to
take a vision, knowledge, or road examination, unless the person
has successfully passed the examination. An applicant who fails
four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before
taking the road test again;
(8) (9) to any person who is required under the Minnesota
No-Fault Automobile Insurance Act to deposit proof of financial
responsibility and who has not deposited the proof;
(9) (10) to any person when the commissioner has good cause
to believe that the operation of a motor vehicle on the highways
by the person would be inimical to public safety or welfare;
(10) (11) to any person when, in the opinion of the
commissioner, the person is afflicted with or suffering from a
physical or mental disability or disease that will affect the
person in a manner as to prevent the person from exercising
reasonable and ordinary control over a motor vehicle while
operating it upon the highways;
(11) (12) to a person who is unable to read and understand
official signs regulating, warning, and directing traffic;
(12) (13) to a child for whom a court has ordered denial of
driving privileges under section 260.191, subdivision 1, or
260.195, subdivision 3a, until the period of denial is
completed; or
(13) (14) to any person whose license has been canceled,
during the period of cancellation.
Sec. 24. Minnesota Statutes 1998, section 171.05,
subdivision 1a, is amended to read:
Subd. 1a. [MINIMUM PERIOD TO POSSESS INSTRUCTION PERMIT.]
An applicant who is 18 years old and who has applied for and
received an instruction permit under subdivision 1 and has not
previously been licensed to drive in Minnesota or in another
jurisdiction must possess the instruction permit for not less
than six months for an applicant who is 18 years of age, and not
less than three months for all other applicants, before
qualifying for a driver's license, or for not less than three
months for an applicant who successfully completes an approved
course of behind-the-wheel instruction. An applicant with an
instruction permit from another jurisdiction must be credited
with the amount of time that permit has been held.
Sec. 25. Minnesota Statutes 1998, section 171.05,
subdivision 2, is amended to read:
Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department, upon application therefor, may issue an
instruction permit to an applicant who is 15, 16, or 17 years of
age and the applicant:
(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in a one of the following types of driver
education program including programs:
(i) a driver education program offered through the public
schools that includes classroom and behind-the-wheel training,
which and that has been approved by the state board of education
for courses offered through the public schools, or, in the case
of commissioner of children, families, and learning;
(ii) a course offered by a private, commercial driver
education school or institute, that includes classroom and
behind-the-wheel training and that has been approved by the
department of public safety; except when the applicant has
completed a course of driver education in another state or has a
previously issued valid license from another state or
(iii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a home-school diploma, the student's
status as a home-school student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a test of the applicant's knowledge of
traffic laws, which test must be administered by the department;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, then (v) the applicant's
employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the
identity of the parent, guardian, or employer; and
(6) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year from the
date of application and may be renewed upon payment of a fee
equal to the fee for issuance of an instruction permit under
section 171.06, subdivision 2.
Sec. 26. Minnesota Statutes 1998, section 171.061,
subdivision 4, is amended to read:
Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and
retain a filing fee of $3.50 for each application. Except as
provided in paragraph (b), the fee shall cover all expenses
involved in receiving, accepting, or forwarding to the
department the applications and fees required under sections
171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and
171.07, subdivisions 3 and 3a.
(b) An agent with photo identification equipment provided
by the department before January 1, 1999, may retain the photo
identification equipment until the agent's appointment
terminates. The department shall maintain the photo
identification equipment for these agents. An agent appointed
before January 1, 1999, who does not have photo identification
equipment provided by the department, and any new agent
appointed after December 31, 1998, shall procure and maintain
photo identification equipment. Upon the retirement,
resignation, death, or discontinuance of an existing agent, and
if a new agent is appointed in an existing office pursuant to
Minnesota Rules, chapter 7404, and notwithstanding the above or
Minnesota Rules, part 7404.0400, the department shall provide
and maintain photo identification equipment without additional
cost to a newly appointed agent in that office if the office was
provided the equipment by the department before January 1,
1999. All photo identification equipment must be compatible
with standards established by the department.
(c) A filing fee retained by the agent employed by a county
board must be paid into the county treasury and credited to the
general revenue fund of the county. An agent who is not an
employee of the county shall retain the filing fee in lieu of
county employment or salary and is considered an independent
contractor for pension purposes, coverage under the Minnesota
state retirement system, or membership in the public employees
retirement association.
(d) Before the end of the first working day following the
final day of the reporting period established by the department,
the agent must forward to the department all applications and
fees collected during the reporting period except as provided in
paragraph (c).
Sec. 27. Minnesota Statutes 1998, section 171.07,
subdivision 3, is amended to read:
Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of
the required fee, the department shall issue to every applicant
therefor a Minnesota identification card. The department may
not issue a Minnesota identification card to a person who has a
driver's license, other than an instruction permit or a limited
license. The card must bear a distinguishing number assigned to
the applicant, a colored photograph or an electronically
produced image, the full name, date of birth, residence address,
a description of the applicant in the manner as the commissioner
deems necessary, and a space upon which the applicant shall
write the usual signature and the date of birth of the applicant
with pen and ink. Each identification card issued to an
applicant under the age of 21 must be of a distinguishing color
and plainly marked "Under-21."
(b) Each Minnesota identification card must be plainly
marked "Minnesota identification card - not a driver's license."
(c) The fee for a Minnesota identification card is 50 cents
when issued to: a person who is mentally retarded, as defined
in section 252A.02, subdivision 2, or to; a physically disabled
person, as defined in section 169.345, subdivision 2, is 50
cents; or, a person with mental illness, as described in section
245.462, subdivision 20, paragraph (c).
Sec. 28. Minnesota Statutes 1998, section 171.39, is
amended to read:
171.39 [EXEMPTIONS.]
The provisions of sections 171.33 to 171.41 shall not apply:
to any person giving driver training lessons without charge,; to
employers maintaining driver training schools without charge for
their employees only,; to a home-school within the meaning of
sections 120A.22 and 120A.24; to schools or classes conducted by
colleges, universities and high schools as a part of the normal
program for such institutions,; nor to those schools or persons
described in section 171.05, subdivision 2. Any person who is a
certificated driver training instructor in a high school driver
training program may give driver training instruction to persons
over the age of 18 without acquiring a driver training school
license or instructor's license, and such instructors may make a
charge for that instruction, if there is no private commercial
driver training school licensed under this statute within 10
miles of the municipality where such instruction is given and
there is no adult drivers training program in effect in the
schools of the school district in which the trainee resides.
Sec. 29. Minnesota Statutes 1998, section 173.02,
subdivision 6, is amended to read:
Subd. 6. [VARIOUS SIGNS AND NOTICES DEFINED.] Directional
and other official signs and notices shall mean:
(a) "Official signs and notices" mean signs and notices
erected and maintained by public officers or public agencies
within their territorial jurisdiction and pursuant to and in
accordance with direction or authorization contained in federal
or state law for the purposes of carrying out an official duty
or responsibility. Historical markers authorized by state law
and erected by state or local governmental agencies or nonprofit
historical societies, star city signs erected under section
173.085, and municipal identification entrance signs erected in
accordance with section 173.025 may be considered official signs.
(b) "Public utility signs" mean warning signs, notices, or
markers which are customarily erected and maintained by publicly
or privately owned public utilities, as essential to their
operations.
(c) "Service club and religious notices" mean signs and
notices, not exceeding eight square feet in advertising area,
whose erection is authorized by law, relating to meetings and
location of nonprofit service clubs or charitable associations,
or religious services.
(d) "Directional signs" means signs containing directional
information about public places owned or operated by federal,
state, or local governments public authorities as defined in
Code of Federal Regulations, title 23, section 460.2, paragraph
(b), or their agencies, publicly or privately owned natural
phenomena, historic, cultural, scientific, educational, and
religious sites, and areas of natural scenic beauty or naturally
suited for outdoor recreation, deemed to be in the interest of
the traveling public. To qualify for directional signs,
privately owned attractions must be nationally or regionally
known, and of outstanding interest to the traveling public.
(e) All definitions in this subdivision are intended to be
in conformity with the national standards for directional and
other official signs.
Sec. 30. Minnesota Statutes 1998, section 174.24,
subdivision 3b, is amended to read:
Subd. 3b. [OPERATING ASSISTANCE.] The commissioner shall
determine the total operating cost of any public transit system
receiving or applying for assistance in accordance with
generally accepted accounting principles. To be eligible for
financial assistance, an applicant or recipient shall provide to
the commissioner all financial records and other information and
shall permit any inspection reasonably necessary to determine
total operating cost and correspondingly the amount of
assistance which may be paid to the applicant or recipient.
Where more than one county or municipality contributes
assistance to the operation of a public transit system, the
commissioner shall identify one as lead agency for the purpose
of receiving moneys under this section.
Prior to distributing operating assistance to eligible
recipients for any contract period, the commissioner shall place
all recipients into one of the following classifications: large
urbanized area service, urbanized area service, small urban area
service, rural area service, and elderly and handicapped
service. The commissioner shall distribute funds under this
section so that the percentage of total operating cost paid by
any recipient from local sources will not exceed the percentage
for that recipient's classification, except as provided in an
undue hardship case. The percentages shall be: for large
urbanized area service, 55 50 percent; for urbanized area
service and small urban area service, 40 percent; for rural area
service, 35 percent; and for elderly and handicapped service, 35
percent. The remainder of the total operating cost will be paid
from state funds less any assistance received by the recipient
from any federal source. For purposes of this subdivision
"local sources" means all local sources of funds and includes
all operating revenue, tax levies, and contributions from public
funds, except that the commissioner may exclude from the total
assistance contract revenues derived from operations the cost of
which is excluded from the computation of total operating cost.
If a recipient informs the commissioner in writing after
the establishment of these percentages but prior to the
distribution of financial assistance for any year that paying
its designated percentage of total operating cost from local
sources will cause undue hardship, the commissioner may reduce
the percentage to be paid from local sources by the recipient
and increase the percentage to be paid from local sources by one
or more other recipients inside or outside the classification,
provided that no recipient shall have its percentage thus
reduced or increased for more than two years successively. If
for any year the funds appropriated to the commissioner to carry
out the purposes of this section are insufficient to allow the
commissioner to pay the state share of total operating cost as
provided in this paragraph, the commissioner shall reduce the
state share in each classification to the extent necessary.
Sec. 31. Minnesota Statutes 1998, section 174.70, is
amended to read:
174.70 [PUBLIC SAFETY RADIO COMMUNICATIONS.]
Subdivision 1. [AUTHORITY OF COMMISSIONER.] The
commissioner of transportation may exercise the powers granted
in this chapter and in sections 473.891 to 473.905, to plan and
implement the communications system as provided in sections
473.891 to 473.905.
Subd. 2. [IMPLEMENTATION.] In order to facilitate
construction of the initial backbone of the communications
system described in subdivision 1, the commissioner shall, by
purchase, lease, gift, exchange, or other means, obtain sites
for the erection of towers and the location of equipment and
shall construct buildings and structures needed for the system.
The commissioner may negotiate with commercial wireless service
providers to obtain sites, towers, and equipment.
Notwithstanding sections 161.433, 161.434, 161.45, and 161.46,
the commissioner may by agreement allow commercial wireless
service providers to install privately owned equipment on
state-owned lands, buildings, and other structures under the
jurisdiction of the commissioner when it is practical and
feasible to do so. The commissioner shall charge a site use fee
for the value of the property or structure made available. In
lieu of a site use fee, the commissioner may make agreements
with commercial wireless service providers to place state
equipment on privately owned towers and may accept (1)
improvements to state-owned public safety communications
facilities or real or personal property, or (2) services
provided by a commercial wireless service provider.
Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected
under subdivision 2 must be deposited in the trunk highway
fund. The fees so collected are appropriated to the
commissioner to pay for the commissioner's share and state
patrol's share of the costs of constructing and maintaining the
communication system sites.
Sec. 32. Minnesota Statutes 1998, section 174A.02,
subdivision 4, is amended to read:
Subd. 4. [HEARINGS; NOTICE.] With respect to those matters
within its jurisdiction the board shall receive, hear and
determine all petitions filed with it in accordance with the
procedures established by law and may hold hearings and make
determinations upon its own motion to the same extent, and in
every instance, in which it may do so upon petition. Upon
receiving petitions filed pursuant to sections 221.061, 221.081,
221.121, subdivision 1, 221.151, 221.296, and 221.55, the board
shall give notice of the filing of the petition to
representatives of associations or other interested groups or
persons who have registered their names with the board for that
purpose and to whomever the board deems to be interested in the
petition. The board may grant or deny the request of the
petition 30 days after notice of the filing has been fully
given. If the board receives a written objection and notice of
intent to appear at a hearing to object to the petition from any
person within 20 days of the notice having been fully given, the
request of the petition shall be granted or denied only after a
contested case hearing has been conducted on the petition,
unless the objection is withdrawn prior to the hearing. The
board may elect to hold a contested case hearing if no
objections to the petition are received. If a timely objection
is not received, or if received and withdrawn, and the request
of the petition is denied without hearing, the petitioner may
request within 30 days of receiving the notice of denial, and
shall be granted, a contested case hearing on the petition.
Sec. 33. Minnesota Statutes 1998, section 174A.06, is
amended to read:
174A.06 [CONTINUATION OF RULES.]
Orders and directives in force, issued, or promulgated
under authority of chapters 174A, 216A, 218, 219, 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. To the extent allowed
under federal law or regulation, rules adopted under authority
of the following sections are transferred to the commissioner of
transportation and continue in force and effect until repealed,
modified, or superseded by duly authorized rules of the
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 commissioner shall review the transferred rules,
orders, and directives and, when appropriate, develop and adopt
new rules, orders, or directives.
Sec. 34. [219.445] [SOUTHERN RAIL CORRIDOR IMPROVEMENT
PLAN.]
Subdivision 1. [CORRIDOR DEVELOPMENT.] The commissioner of
transportation shall develop a corridor improvement plan for
grade crossings intersecting or crossing the railway
right-of-way in the railway corridor that runs east to west
across southern Minnesota within all of the counties of Winona,
Olmsted, Dodge, Steele, Waseca, Blue Earth, Brown, Redwood,
Lyon, and Lincoln.
Subd. 2. [GRADE CROSSING RECOMMENDATIONS.] (a) The
corridor improvement plan must include crossing-by-crossing
assessments based on ten-year and 20-year projections of train
and vehicle volumes that will identify minimum improvements
necessary at crossings with moderate levels of exposure,
consistent with rules adopted by the commissioner. The plan
must include identification of all crossings that are candidates
for grade separations where levels of exposure exceed 300,000,
or crossings that meet the criteria identified in the rules
adopted by the commissioner. For purposes of this section,
"levels of exposure" means average daily vehicle traffic
multiplied by the number of trains per day at a crossing.
(b) In cities where the department has identified multiple
grade separation candidates the plan must include a strategy
that identifies the appropriate mix of safety improvements at
all crossings in the city and that considers optimal locations
for grade separations, crossing consolidations, and other grade
crossing safety improvements and traffic routing options.
(c) The department shall consider crossings that are
candidates for closure, consistent with rules adopted by the
commissioner governing the vacating of a grade crossing.
(d) When community plans have been developed by the
affected railroad company and local governing bodies, the
department shall review the community plans for compliance with
the department's minimum criteria for necessary crossing
improvements at all public crossings as identified in the
commissioner's rules. The agreed-to community plans take
precedence over the elements of the corridor improvement plan.
Subd. 3. [LOCAL GOVERNMENT AND RAILROAD COMPANY
PARTICIPATION; FEDERAL REVIEW.] (a) The commissioner shall
provide an opportunity for an affected railroad company or local
governing body to participate in developing the corridor
improvement plan. The commissioner shall allow an affected
local governing body the opportunity to review the corridor
improvement plan before executing an agreement for grade
crossing improvements in the corridor improvement plan between
the department and the railroad company and before forwarding
the plan to the federal Surface Transportation Board (STB).
(b) Paragraph (a) does not preclude the department from
providing comments or information related to the railway
corridor improvement project to the STB or any other governing
body related to construction activities or environmental impact
statement preparation.
Subd. 4. [FINAL PLAN; HOLD HARMLESS.] (a) The final plan
must be submitted to any affected area transportation
partnership, local unit of government, and railroad company
within the corridor area in order to provide future grade
crossing safety improvement planning guidance.
(b) Unless otherwise specifically agreed to as part of the
plan, the development of a corridor improvement plan does not
bind the state or any local government unit to a specific
implementation timetable or to funding the cost of proposed
recommended safety upgrades.
Sec. 35. Minnesota Statutes 1998, section 221.011,
subdivision 15, is amended to read:
Subd. 15. [MOTOR CARRIER.] "Motor carrier" means a carrier
operating for hire under the authority of this chapter and
subject to the rules and orders of the commissioner or the board
person engaged in the for-hire transportation of property or
passengers. "Motor carrier" does not include a person providing
transportation described in section 221.025, a building mover
subject to section 221.81, or a person providing limousine
service as defined in section 221.84.
Sec. 36. Minnesota Statutes 1998, section 221.011,
subdivision 37, is amended to read:
Subd. 37. [CERTIFICATED CARRIER.] "Certificated carrier"
means a motor carrier holding a certificate issued under section
221.071 of registration.
Sec. 37. Minnesota Statutes 1998, section 221.011,
subdivision 38, is amended to read:
Subd. 38. [CLASS I CARRIER.] "Class I carrier" means a
person who has been issued a certificate under section 221.071
to operate as a class I carrier of registration.
Sec. 38. Minnesota Statutes 1998, section 221.011, is
amended by adding a subdivision to read:
Subd. 48. [MOTOR CARRIER OF PASSENGERS.] "Motor carrier of
passengers" means a person engaged in the for-hire
transportation of passengers in vehicles designed to transport
eight or more persons, including the driver.
Sec. 39. Minnesota Statutes 1998, section 221.011, is
amended by adding a subdivision to read:
Subd. 49. [SMALL VEHICLE PASSENGER SERVICE.] "Small
vehicle passenger service" means a service provided by a person
engaged in the for-hire transportation of passengers in a
vehicle designed to transport seven or fewer persons, including
the driver.
Sec. 40. Minnesota Statutes 1998, section 221.021, is
amended to read:
221.021 [OPERATION REGISTRATION CERTIFICATE OR PERMIT
REQUIRED.]
Subdivision 1. [REQUIREMENT.] No person may operate as a
motor carrier or advertise or otherwise hold out as a motor
carrier without a certificate of registration or permit in
effect. A certificate or permit may be suspended or revoked
upon conviction of violating a provision of sections 221.011 to
221.296 or an order or rule of the commissioner or board
governing the operation of motor carriers, and upon a finding by
the court that the violation was willful. The board
commissioner may, for good cause after a hearing, suspend or
revoke a certificate or permit for a violation of a provision of
sections 221.011 to 221.296 or an order issued or rule adopted
by the commissioner or board under this chapter.
Subd. 2. [SANCTIONS.] The commissioner may suspend,
revoke, or deny renewal of a certificate of registration for (1)
serious or repeated violations of this chapter, or (2) a pattern
of repeated violations of local ordinances governing traffic and
parking.
Subd. 3. [HEARING.] A motor carrier affected by an action
of the commissioner under subdivision 2 may, within 20 days of
receipt of a notice of the commissioner's action, request an
administrative hearing by following the procedures in section
221.036, subdivision 7.
Sec. 41. Minnesota Statutes 1998, section 221.022, is
amended to read:
221.022 [EXCEPTION.]
The powers granted to the board commissioner under sections
221.011 to 221.296 do not include the power to regulate any
service or vehicles operated by the metropolitan council or
to regulate register passenger transportation service provided
under contract to the department or the metropolitan council. A
provider of passenger transportation service under contract to
the department or the metropolitan council may not also provide
charter service as a motor carrier of passengers without first
having obtained a permit to operate as a charter
carrier registered under section 221.0252.
Sec. 42. Minnesota Statutes 1998, 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
100-mile radius from the person's home post office and the
carrier may transport other commodities within the 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) (o) 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. 43. Minnesota Statutes 1998, section 221.0251, is
amended to read:
221.0251 [MOTOR CARRIER OF PROPERTY; REGISTRATION.]
Subdivision 1. [REGISTRATION STATEMENT.] A person who
wishes to operate as a motor carrier of property shall file a
complete and accurate registration statement with the
commissioner. A registration statement must be on a form
provided by the commissioner and include:
(1) the registrant's name, including an assumed or
fictitious name used by the registrant in doing business;
(2) the registrant's mailing address and business telephone
number;
(3) the registrant's federal Employer Identification Number
and Minnesota Business Identification Number and the
identification numbers, if any, assigned to the registrant by
the United States Department of Transportation, Interstate
Commerce Commission, or Environmental Protection Agency;
(4) the name, title, and telephone number of the individual
who is principally responsible for the operation of the
registrant's transportation business;
(5) the principal location from which the registrant
conducts its transportation business and where the records
required by this chapter will be kept;
(6) if different from clause (5), the location in Minnesota
where the records required by this chapter will be available for
inspection and copying by the commissioner;
(7) whether the registrant transports hazardous materials
or hazardous waste;
(8) whether the registrant's business is a corporation,
partnership, limited liability partnership, limited liability
company, or sole proprietorship; and
(9) if the registrant is a foreign corporation authorized
to transact business in Minnesota, the state of incorporation
and the name and address of its registered agent.
Subd. 2. [SIGNATURE REQUIRED.] A registration statement
may be signed only by a corporate officer, general partner,
limited liability company board member, or sole proprietor. A
signature must be notarized.
Subd. 3. [CERTIFICATE OF REGISTRATION; ISSUANCE;
LOCATION.] (a) The commissioner shall issue a certificate of
registration to a registrant who has filed a registration
statement that complies with subdivisions 1 and 2 and paid the
required fee, has a satisfactory safety rating and, if
applicable, has complied with the financial responsibility
requirements in section 221.141. The commissioner may not issue
a certificate of registration to a registrant who has an
unsatisfactory safety rating.
(b) A certificate of registration must be numbered and bear
an effective date.
(c) A certificate of registration must be kept at the
registrant's principal place of business.
Subd. 4. [DURATION.] A certificate of registration is not
assignable or transferable and is valid until it is suspended,
revoked, or canceled.
Subd. 5. [OBLIGATION TO KEEP INFORMATION CURRENT.] A
registrant shall notify the commissioner in writing of any
change in the information described in subdivision 1.
Sec. 44. [221.0252] [PASSENGER CARRIERS; REGISTRATION;
EXEMPTIONS.]
Subdivision 1. [FILING REQUIRED.] A person who wishes to
operate as a motor carrier of passengers must file with the
commissioner a complete and accurate federal motor carrier
identification report form MCS-150. In addition, a person must
file a vehicle registration form prescribed by the commissioner
describing the make, model, number of passengers the vehicle is
designed to transport as determined by the vehicle's
manufacturer, and license plate and vehicle identification
number of each vehicle that the registrant will be using in
those operations for which registration is required.
Subd. 2. [SIGNATURE REQUIRED.] A form required under this
section may be signed only by a corporate officer, general
partner, limited liability company board member, or sole
proprietor.
Subd. 3. [AUDIT; INSPECTION.] (a) Within 90 days of
issuing a new certificate of registration to a carrier under
this section, and before issuing an annual renewal of a
certificate of registration, the commissioner shall:
(1) conduct an audit of the carrier's records;
(2) inspect the vehicles the carrier uses in its motor
carrier operation to determine if they comply with the federal
regulations incorporated in section 221.0314 or accept for
filing proof that a complete vehicle inspection was conducted
within the previous one year by a commercial vehicle inspector
of the department of public safety;
(3) verify that the carrier has a designated office in
Minnesota where the books and files necessary to conduct
business and the records required by this chapter are kept and
shall be available for inspection by the commissioner;
(4) audit the carrier's drivers' criminal background and
safety records; and
(5) verify compliance with the insurance requirements of
section 221.141.
(b) The commissioner and the commissioner of public safety
shall, through an interagency agreement, coordinate vehicle
inspection activities to avoid duplication of annual vehicle
inspections to minimize the burden of compliance on carriers and
to maximize the efficient use of state resources.
Subd. 4. [CERTIFICATE OF REGISTRATION; REQUIREMENTS;
ISSUANCE; DURATION.] (a) The commissioner shall issue a
certificate of registration to a carrier who (1) does not have
an unsatisfactory safety rating, (2) has complied with
subdivisions 1 and 2, (3) has paid the required fee, (4) in the
case of an annual renewal, has been audited and inspected under
subdivision 3, and (5) has complied with the financial
responsibility requirements in section 221.141.
(b) A photocopy of the carrier's certificate of
registration must be carried in each vehicle operated under the
registration and must be made available to the department and
other law enforcement officials upon request.
(c) Registration under this section is not assignable or
transferable and is valid until it expires or is suspended,
revoked, or canceled, whichever occurs first. A registration is
valid for one year from the date issued.
Subd. 5. [SUSPENSION FOR UNSATISFACTORY SAFETY
RATING.] Following the procedures in section 221.185, the
commissioner shall immediately suspend the registration of a
carrier who receives an unsatisfactory safety rating. The
commissioner shall conduct one follow-up compliance audit to
determine if the carrier's safety rating should be changed or
the suspension rescinded within 30 days of receiving a written
request from the carrier. Additional compliance reviews may be
conducted at the commissioner's discretion.
Subd. 6. [ANNUAL RENEWAL.] A carrier registered under this
section must renew its registration each year on a form
prescribed by the commissioner. The commissioner shall develop
and implement an expedited renewal process to minimize the
burden on motor carriers.
Subd. 7. [EXEMPTIONS FROM REGULATION.] Notwithstanding any
other law, motor carriers of passengers are exempt from sections
221.121; 221.122; 221.123; 221.132; 221.151; 221.161; and
221.171.
Sec. 45. Minnesota Statutes 1998, section 221.026,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS FROM REQUIREMENTS.] Notwithstanding
any other law, a motor carrier of property is exempt from
sections 221.021; 221.041; 221.061; 221.071; 221.072; 221.081;
221.121; 221.122; 221.123; 221.131; 221.132; 221.151; 221.161;
221.172, subdivisions 3 to 8; 221.185, except as provided in
subdivision 4; and 221.296. The exemptions in this subdivision
do not apply to a motor carrier of property while transporting
household goods.
Sec. 46. Minnesota Statutes 1998, section 221.031,
subdivision 1, is amended to read:
Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a)
This subdivision applies to motor carriers engaged in intrastate
commerce.
(b) The commissioner shall prescribe rules for the
operation of motor carriers, including their facilities;
accounts; leasing of vehicles and drivers; service; safe
operation of vehicles; equipment, parts, and accessories; hours
of service of drivers; driver qualifications; accident
reporting; identification of vehicles; installation of safety
devices; inspection, repair, and maintenance; and proper
automatic speed regulators if, in the opinion of the
commissioner, there is a need for the rules.
(c) The commissioner shall direct the repair and
reconstruction or replacement of an inadequate or unsafe motor
carrier vehicle or facility. The commissioner may require the
construction and maintenance or furnishing of suitable and
proper freight terminals, passenger depots, waiting rooms, and
accommodations or shelters in a city in this state or at a point
on the highway traversed which the commissioner, after
investigation by the department, may deem just and proper for
the protection of passengers or property.
(d) The commissioner shall require holders of household
goods mover permits, charter carrier permits, and regular route
passenger carrier certificates to file annual and other reports
including annual accounts of motor carriers, schedules of rates
and charges, or other data by motor carriers, regulate motor
carriers in matters affecting the relationship between them and
the traveling and shipping public, and prescribe other rules as
may be necessary to carry out the provisions of this chapter.
(e) A motor carrier subject to paragraph (d) but having
gross revenues from for-hire transportation in a calendar year
of less than $200,000 may, at the discretion of the
commissioner, be exempted from the filing of an annual report,
if instead the motor carrier files an abbreviated annual report,
in a form as may be prescribed by the commissioner, attesting
that the motor carrier's gross revenues did not exceed $200,000
in the previous calendar year. Motor carrier gross revenues
from for-hire transportation, for the purposes of this
subdivision only, do not include gross revenues received from
the operation of school buses as defined in section 169.01,
subdivision 6.
(f) The commissioner shall enforce sections 169.781 to
169.783.
(g) The commissioner shall make no rules relating to the
granting, limiting, or modifying of permits or certificates of
convenience and necessity, which are powers granted to the board.
(h) The board may extend the termini of a route or alter or
change the route of a regular route common carrier upon petition
and after finding that public convenience and necessity require
an extension, alteration, or change.
Sec. 47. Minnesota Statutes 1998, section 221.031,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS FOR PRIVATE CARRIERS.] This
subdivision applies to private carriers engaged in intrastate
commerce.
(a) Private carriers operating vehicles with a gross
vehicle weight of more than 10,000 pounds shall comply
with rules adopted under those federal regulations incorporated
by reference in:
(1) section 221.0314, subdivisions 2 to 5, for driver
qualifications;
(2) section 221.0314, subdivision 9, for hours of service
of drivers;
(3) section 221.0314, subdivision 6, for driving of motor
vehicles;
(4) section 221.0314, subdivision 7, for parts and
accessories necessary for safe operation; and
(5) section 221.0314, subdivision 10, for inspection,
repair, and maintenance; and.
(6) this section for leasing of vehicles or vehicles and
drivers.
Private carriers not subject to the rules for driver
qualifications before August 1, 1992, must comply with those
rules on and after August 1, 1994.
(b) The rules for hours of service of drivers do not apply
to private carriers who are (1) public utilities as defined in
section 216B.02, subdivision 4; (2) cooperative electric
associations organized under chapter 308A; (3) telephone
companies as defined in section 237.01, subdivision 2; or (4)
engaged in the transportation of construction materials, tools
and equipment from shop to job site or job site to job site, for
use by the private carrier in the new construction, remodeling,
or repair of buildings, structures or their appurtenances.
(c) The rules for driver qualifications and hours of
service of drivers do not apply to vehicles controlled by a
farmer and operated by a farmer or farm employee to transport
agricultural products, farm machinery, or supplies to or from a
farm if the vehicle is not used in the operations of a motor
carrier and not carrying hazardous materials of a type or
quantity that requires the vehicle to be marked or placarded in
accordance with section 221.033.
(d) The rules for driver qualifications do not apply to a
driver employed by a private carrier while operating a
lightweight vehicle.
Sec. 48. Minnesota Statutes 1998, section 221.031,
subdivision 6, is amended to read:
Subd. 6. [VEHICLE IDENTIFICATION RULE.] (a) The following
carriers shall display the carrier's name and address on the
power unit of each vehicle:
(1) motor carriers, regardless of the weight of the
vehicle, except that this requirement does not apply to a
limousine as defined in section 168.011, subdivision 35, that is
equipped with "LM" license plates;
(2) interstate and intrastate private carriers operating
vehicles with a gross vehicle weight of more than 10,000 pounds;
and
(3) vehicles providing transportation described in section
221.025 with a gross vehicle weight of more than 10,000 pounds
except those providing transportation described in section
221.025, clauses (a), (c), and (d).
Vehicles described in clauses (2) and (3) that are operated
by farmers or farm employees and have four or fewer axles are
not required to comply with the vehicle identification rule of
the commissioner.
(b) Vehicles subject to this subdivision must show the name
or "doing business as" name of the carrier operating the vehicle
and the community and abbreviation of the state in which the
carrier maintains its principal office or in which the vehicle
is customarily based. If the carrier operates a leased vehicle,
it may show its name and the name of the lessor on the vehicle,
if the lease relationship is clearly shown. If the name of a
person other than the operating carrier appears on the vehicle,
the words "operated by" must immediately precede the name of the
carrier.
(c) The name and address must be in letters that contrast
sharply in color with the background, be readily legible during
daylight hours from a distance of 50 feet while the vehicle is
stationary, and be maintained in a manner that retains the
legibility of the markings. The name and address may be shown
by use of a removable device if that device meets the
identification and legibility requirements of this subdivision.
Sec. 49. Minnesota Statutes 1998, section 221.031,
subdivision 7, is amended to read:
Subd. 7. [MEDICAL EXAMINER'S CERTIFICATE; CHARTER CARRIER
DRIVER.] While in the state, the driver for a charter motor
carrier of passengers engaged in intrastate commerce who has in
possession a license with a school bus endorsement under section
171.321 or rules of the commissioner of public safety is not
required to have in possession or to present a separate medical
examiner's certificate otherwise required by Code of Federal
Regulations, title 49, sections 391.41 to 391.49.
Sec. 50. Minnesota Statutes 1998, section 221.036,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] The commissioner may issue an
order requiring violations to be corrected and administratively
assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section
221.041, subdivision 3; (4) section 221.081; (5) section
221.151; (6) (4) section 221.171; (7) (5) section 221.141;
(8) (6) section 221.035, or a material term or condition of a
license issued under that section; or (7) rules of the board or
commissioner relating to the transportation of hazardous waste,
motor carrier operations, insurance, or tariffs and accounting.
An order must be issued as provided in this section.
Sec. 51. Minnesota Statutes 1998, section 221.036,
subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The
commissioner may issue an order assessing a penalty of up to
$5,000 for all violations of section 221.021; 221.041,
subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules
of the board or commissioner relating to motor carrier
operations, insurance, or tariffs and accounting, identified
during a single inspection, audit, or investigation.
(b) The commissioner may issue an order assessing a penalty
up to a maximum of $10,000 for all violations of section
221.033, subdivision 2b, or 221.035, and rules adopted under
those sections, identified during a single inspection or audit.
(c) In determining the amount of a penalty, the
commissioner shall consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to
humans, animals, air, water, land, or other natural resources of
the state;
(3) the history of past violations, including the
similarity of the most recent violation and the violation to be
penalized, the time elapsed since the last violation, the number
of previous violations, and the response of the person to the
most recent violation identified;
(4) the economic benefit gained by the person by allowing
or committing the violation; and
(5) other factors as justice may require, if the
commissioner specifically identifies the additional factors in
the commissioner's order.
Sec. 52. Minnesota Statutes 1998, section 221.091, is
amended to read:
221.091 [LIMITATIONS; RELATIONSHIP TO LOCAL REGULATION.]
Subdivision 1. [LOCAL AUTHORITY OVER STREETS AND
HIGHWAYS.] No provision in Sections 221.011 to 221.291 and
221.84 to 221.85 shall do not authorize the use by any a carrier
of any a public highway in any a city of the first class in
violation of any a charter provision or ordinance of such the
city in effect January 1, 1925, unless and except as such the
charter provisions provision or ordinance may be is repealed
after that date; nor shall. In addition, sections 221.011 to
221.291 and 221.84 to 221.85 be construed as in any manner
taking from or curtailing do not (1) curtail the right of any a
city to reasonably regulate or control the routing, parking,
speed or the safety of operation of a motor vehicle operated by
any a carrier under the terms of those sections, or (2) curtail
the general police power of any such the city over its highways;
nor shall sections 221.011 to 221.291 and 221.84 to 221.85 be
construed as abrogating, or (3) abrogate any provision of
the city's charter of any such city requiring certain conditions
to be complied with before such a carrier can use the highways
of such the city, and such these rights and powers herein
stated are hereby expressly reserved and granted to such the
city; but. However, no such city shall prohibit or deny the use
of the public highways within its territorial boundaries by any
such a carrier for transportation of transporting passengers or
property received within its boundaries to destinations
beyond such the city's boundaries, or for transportation
of transporting passengers or property from points beyond such
the city's boundaries to destinations within the same the city's
boundaries, or for transportation of transporting passengers or
property from points beyond such the city's boundaries through
such municipality the city to points beyond the city's
boundaries of such municipality, where such operation when the
carrier is operating pursuant to a certificate of convenience
and necessity registration issued by the commission under this
chapter or to a permit issued by the commissioner under section
221.84 or 221.85.
Subd. 2. [LOCAL LICENSING OF SMALL VEHICLE PASSENGER
SERVICE.] A city that licenses and regulates small vehicle
passenger service must do so by ordinance. The ordinance must,
at a minimum, provide for driver qualifications, insurance,
vehicle safety, and periodic vehicle inspections. A city that
has adopted an ordinance complying with this subdivision may
enforce the registration requirement in section 221.021.
Subd. 3. [AUTHORITY OF METROPOLITAN AIRPORTS COMMISSION.]
Notwithstanding any other law:
(1) The metropolitan airports commission may regulate
ground transportation to and from an airport under its
jurisdiction, subject to the provisions of paragraph (2). The
authority under this paragraph includes, but is not limited to,
regulating the number and types of transportation services,
making concession agreements, and establishing vehicle standards.
(2) The metropolitan airports commission may regulate small
passenger vehicles, including taxicabs, serving an airport under
its jurisdiction only by ordinance. An ordinance adopted under
this paragraph must at a minimum define taxicabs and provide for
driver qualifications, insurance, and vehicle safety, and may
provide for issuance of permits to taxicabs and other small
passenger vehicles and limits on the number of permits issued.
An ordinance under this paragraph may not provide for making
concession agreements relating to small passenger vehicle
service, including taxicabs.
Sec. 53. Minnesota Statutes 1998, section 221.122,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION, INSURANCE, AND FILING
REQUIREMENTS.] An order issued by the board which grants a
certificate or permit must contain a service date. The person
to whom the order granting the certificate or permit is issued
shall do the following within 45 days from the service date of
the order:
(1) register vehicles which will be used to provide
transportation under the permit or certificate with the
commissioner and pay the vehicle registration fees required by
law;
(2) file and maintain insurance or bond as required by
sections 221.141 and 221.296 and rules of the commissioner and
board; and
(3) file rates and tariffs as required by sections 221.041
and section 221.161 and rules of the commissioner and board.
Sec. 54. Minnesota Statutes 1998, section 221.124, is
amended to read:
221.124 [INITIAL MOTOR CARRIER CONTACT PROGRAM.]
Subdivision 1. [INITIAL MOTOR CARRIER CONTACT.] The
initial motor carrier contact program consists of an initial
contact, for educational purposes, between a motor carrier
required to participate and representatives of the department of
transportation. The initial contact may be through an
educational seminar or, at the discretion of the department,
through a personal meeting contact with a representative of the
department. The initial contact must consist of a discussion of
the statutes, rules, and regulations that apply to motor
carriers. Topics discussed must include: carrier authority;
the leasing of drivers and vehicles; insurance requirements;
tariffs; annual reports; accident reporting; accident
countermeasures; identification of vehicles; driver
qualifications; maximum hours of service of drivers; the safe
operation of vehicles; equipment, parts, and accessories; and
inspection, repair, and maintenance. The department shall
provide written documentation of proof of compliance with the
requirements of subdivision 2 and shall give a copy of the
document to the motor carrier.
Subd. 2. [PARTICIPATION REQUIRED.] A motor carrier
that receives a certificate or permit from first registers with
or receives a permit from the board for new authority on
or commissioner after September 1, 1991 January 1, 2000, shall
participate in the initial motor carrier contact program. A
motor carrier required to participate in the program must have
in attendance at least one motor carrier official having a
substantial interest or control, directly or indirectly, in or
over the operations conducted or to be conducted under
the certificate carrier's registration or permit.
Subd. 3. [TIME FOR COMPLIANCE.] A motor carrier required
by subdivision 2 to participate in the program must do so within
90 days of the service date of the order granting the
certificate or permit or within 90 days of registering, unless
the commissioner extends the time for compliance. Failure to
comply with the requirement of subdivision 2 makes the order
granting the certificate or permit or the carrier's registration
void upon expiration of the time for compliance.
Sec. 55. Minnesota Statutes 1998, section 221.131,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL VEHICLE REGISTRATION; FEE.] (a) This
subdivision applies only to holders of household goods mover
permits and charter carrier permits motor carriers of passengers.
(b) The A permit holder or motor carrier of passengers
shall pay an annual registration fee of $40 $75 on each vehicle,
including pickup and delivery vehicles, operated by the holder
carrier under authority of the permit or certificate of
registration during the 12-month period or fraction of the
12-month period. Trailers and semitrailers used by a permit
holder in combination with power units may not be counted as
vehicles in the computation of fees under this section if the
permit holder pays the fees for power units.
(c) The commissioner shall furnish a distinguishing annual
identification card for each vehicle or power unit for which a
fee has been paid. The identification card must at all times be
carried in the vehicle or power unit to which it has been
assigned. An identification card may be reassigned to another
vehicle or power unit upon application of the permit holder
carrier and payment of a transfer fee of $10. An identification
card issued under this section is valid only for the period for
which the permit or certificate of registration is effective.
(d) A fee of $10 is charged for the replacement of an
unexpired identification card that has been lost.
(e) The proceeds of the fees collected under this
subdivision must be deposited in the trunk highway fund.
Sec. 56. Minnesota Statutes 1998, section 221.141,
subdivision 1, is amended to read:
Subdivision 1. [FINANCIAL RESPONSIBILITY OF CARRIERS.] (a)
No motor carrier and no interstate carrier shall operate a
vehicle until it has obtained and has in effect the minimum
amount of financial responsibility required by this section.
Policies of insurance, surety bonds, other types of security,
and endorsements must be continuously in effect and must remain
in effect until canceled. Before providing transportation, the
motor carrier or interstate carrier shall secure and cause to be
filed with the commissioner and maintain in full effect, a
certificate of insurance in a form required by the commissioner,
evidencing public liability insurance in the amount prescribed.
The insurance must cover injuries and damage to persons or
property resulting from the operation or use of motor vehicles,
regardless of whether each vehicle is specifically described in
the policy. This insurance does not apply to injuries or death
to the employees of the motor carrier or to property being
transported by the carrier. The commissioner shall require
cargo insurance for certificated carriers, except those carrying
passengers exclusively. The commissioner may require a permit
carrier to file cargo insurance when the commissioner deems
necessary to protect the users of the service.
(b) Notwithstanding any other provision of this chapter,
the insurance required of a motor carrier of passengers must be
at least that amount required of interstate carriers under Code
of Federal Regulations, title 49, section 387.33, as amended.
Sec. 57. Minnesota Statutes 1998, section 221.172,
subdivision 10, is amended to read:
Subd. 10. [RETAINED THREE YEARS.] A shipping document or
record described in subdivisions subdivision 2 to 9 or 3, or a
copy of it, must be retained by the carrier for at least three
years from the date on the shipping document or record. A
carrier may keep a shipping record described in subdivisions
subdivision 3 to 9 by any technology that prevents the
alteration, modification, or erasure of the underlying data and
will enable production of an accurate and unaltered paper copy.
A carrier shall keep a shipping record in a manner that will
make it readily accessible and shall have a means of identifying
and producing a legible paper copy for inspection by the
commissioner upon request.
Sec. 58. [221.178] [MOTOR CARRIERS OF PASSENGERS; CRIMINAL
BACKGROUND CHECK.]
Subdivision 1. [CARRIER TO CONDUCT BACKGROUND CHECK.] A
motor carrier of passengers shall conduct, or cause to be
conducted, an initial background check of a person the carrier
hires or with whom the carrier contracts whose duties include
operating a vehicle used to transport passengers. A subsequent
background check must be conducted every three years.
Subd. 2. [SCOPE AND PROCEDURES OF CHECK.] Sections
299C.67, 299C.68, 299C.70, and 299C.71 apply to background
checks conducted under subdivision 1. For purposes of this
section, when used in sections 299C.67, 299C.68, 299C.70, and
299C.71, the term "owner" refers to a motor carrier of
passengers and the term "manager" refers to a driver. A motor
carrier of passengers may not use a driver to operate a vehicle
providing passenger transportation if the background check
response shows that the driver has been convicted of a
background check crime defined in section 299C.67, subdivision
2, paragraph (a) or (b).
Subd. 3. [RECORDS.] A carrier shall keep a record,
identified by the employee's name, of a background check
conducted under this section. A record must be made available
to the commissioner upon request.
Subd. 4. [EXCEPTION.] This section does not apply to a
driver who holds a valid driver's license with a school bus
endorsement.
Sec. 59. Minnesota Statutes 1998, section 221.185,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS FOR SUSPENSION.] Despite the
provisions of section 221.021, authority to operate as a
household goods mover permit or a motor carrier registration
issued under sections 221.011 to 221.296 section 221.0251 or
221.0252 is suspended without a hearing, by order of the
commissioner, for a period not to exceed 45 days upon the
occurrence of any of the following and upon notice of suspension
as provided in subdivision 2:
(a) the motor carrier if the permit holder or carrier fails
to maintain and file with the commissioner, the insurance or
bond required by sections section 221.141 and 221.296 and rules
of the commissioner;
(b) the motor carrier fails to renew permits as required by
section 221.131;
(c) adopted under that section or the motor carrier or
permit holder fails to pay annual vehicle registration fees or
renew permits as required by sections 221.071, section 221.131,
and 221.296; or
(d) the motor carrier fails to maintain in good standing a
protective agent's or private detective's license required under
section 221.121, subdivision 6g, paragraph (b), or 221.153,
subdivision 3 the permit holder or carrier fails to pay an
administrative penalty under section 221.036.
Sec. 60. Minnesota Statutes 1998, section 221.185,
subdivision 2, is amended to read:
Subd. 2. [NOTICE OF SUSPENSION.] (a) Failure to file and
maintain insurance, renew permits under section 221.131, or to
pay annual vehicle registration fees or renew permits under
section 221.071, 221.131, or 221.296, or to maintain in good
standing a protective agent's or private detective's license
required under section 221.121, subdivision 6g, or 221.153,
subdivision 3, suspends a motor carrier's permit or certificate
two days after the commissioner sends notice of the suspension
by certified mail, return receipt requested, to the last known
address of the motor carrier.
(b) In order to avoid permanent cancellation of the permit
or certificate, the motor carrier must do one of the following
within 45 days from the date of suspension:
(1) comply with the law by filing insurance or bond,
renewing permits, or paying vehicle registration fees; or
(2) request a hearing before the board regarding the
failure to comply with the law.
Sec. 61. Minnesota Statutes 1998, section 221.185, is
amended by adding a subdivision to read:
Subd. 2a. [NOTICE OF SUSPENSION; EFFECTIVE DATE.] The
commissioner shall issue a notice of suspension if one of the
conditions described in subdivision 1 occurs. The notice must
give the reason for suspension and must be sent to the last
known address of the carrier by certified mail, return receipt
requested. A suspension is effective two days after a notice is
mailed.
Sec. 62. Minnesota Statutes 1998, section 221.185,
subdivision 3, is amended to read:
Subd. 3. [RESCIND SUSPENSION.] If the motor carrier
complies with the requirements of this chapter within 45 days
after the date of suspension and pays the required fees,
including a late vehicle registration fee of $5 for each vehicle
registered, the commissioner shall rescind the suspension unless
the carrier's registration has expired. If a registered carrier
fails to comply within one year of the effective date of a
suspension, the carrier's registration is canceled.
Sec. 63. Minnesota Statutes 1998, section 221.185,
subdivision 4, is amended to read:
Subd. 4. [FAILURE TO COMPLY, CANCELLATION.] Except as
provided in subdivision 5a, failure to comply with the
requirements of sections 221.141 and 221.296 relating to bonds
and insurance, 221.131 relating to permit renewal, 221.071,
221.131, or 221.296 relating to annual vehicle registration or
permit renewal, 221.121, subdivision 6g, or 221.153, subdivision
3, relating to protective agent or private detective licensure,
or to request a hearing within 45 days of the date of
suspension, is deemed an abandonment of the motor carrier's
permit or certificate and the permit or certificate must be
canceled by the commissioner.
Sec. 64. Minnesota Statutes 1998, section 221.185,
subdivision 9, is amended to read:
Subd. 9. [NEW PETITION.] If the holder of a canceled
permit or certificate seeks authority to operate as a motor
carrier it shall file a petition with the commissioner for a
permit or certificate as provided in section 221.061, 221.121,
or 221.296, whichever is applicable.
Sec. 65. Minnesota Statutes 1998, section 221.221,
subdivision 3, is amended to read:
Subd. 3. [DELEGATED POWERS.] Representatives of the
department to whom authority has been delegated by the
commissioner for the purpose of enforcing sections 169.781 to
169.783, 221.041, and 221.171 and the rules, orders, or
directives of the commissioner or board adopted or issued under
those sections, and for no other purpose, shall have the powers
conferred by law upon police officers. The representatives of
the department have the power to inspect records, logs, freight
bills, bills of lading, or other documents which may provide
evidence to determine compliance with sections 169.781 to
169.783, 221.041, and 221.171.
Sec. 66. Minnesota Statutes 1998, section 221.291,
subdivision 4, is amended to read:
Subd. 4. [OPERATING WITHOUT CERTIFICATE REGISTRATION OR
PERMIT.] A person who operates a motor carrier without obtaining
required certificates or permits to operate as required by this
chapter first registering under section 221.0251 or 221.0252, or
who operates as a household goods mover without having obtained
the necessary permit, is guilty of a misdemeanor, and upon
conviction shall be fined not less than the maximum fine which
may be imposed for a misdemeanor for each violation.
Sec. 67. Minnesota Statutes 1998, section 221.55, is
amended to read:
221.55 [CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.]
No person or corporation shall engage in the transportation
described in section 221.54 without a certificate of public
convenience and necessity from the board authorizing such
operation. Such certificate shall be issued by the board
pursuant to application, notice, and hearing as provided in
sections 221.061 and 221.071, and the issuance of certificates
and the transportation covered thereby shall be governed by the
provisions of such sections and by sections section 221.031,
221.041, 221.051 and 221.081, applying to certificated common
carriers for hire, insofar as such provisions are not
inconsistent with section 221.54 and this section.
Sec. 68. Minnesota Statutes 1998, section 296A.18,
subdivision 3, is amended to read:
Subd. 3. [SNOWMOBILE.] Approximately one percent in fiscal
years 1998 and, 1999, and 2000, and three-fourths of one percent
thereafter, of all gasoline received in and produced or brought
into this state, except gasoline used for aviation purposes, is
being used as fuel for the operation of snowmobiles in this
state, and of the total revenue derived from the imposition of
the gasoline fuel tax for uses other than for aviation purposes,
one percent in fiscal years 1998, and 1999, and 2000, and
three-fourths of one percent thereafter, of such revenues is the
amount of tax on fuel used in snowmobiles operated in this state.
Sec. 69. Minnesota Statutes 1998, section 299A.01, is
amended by adding a subdivision to read:
Subd. 1b. [DEPARTMENT ADVERTISING SALES;
APPROPRIATION.] The commissioner may accept paid advertising for
departmental publications. Advertising revenues received are
appropriated to the commissioner to be used to defray costs of
publications, media productions, or other informational
materials. The commissioner may not accept paid advertising
from an elected official or candidate for elective office.
Sec. 70. Minnesota Statutes 1998, section 360.531,
subdivision 3, is amended to read:
Subd. 3. [FIRST YEAR OF LIFE.] "First year of life" means
the year of model designation of the aircraft, or, if there be
no model designation it shall mean the year of manufacture year
the aircraft was manufactured.
Sec. 71. Minnesota Statutes 1998, section 360.55,
subdivision 4, is amended to read:
Subd. 4. [COLLECTOR'S AIRCRAFT; PIONEER LICENSE SPECIAL
PLATES.] (a) For purposes of this subdivision:
(1) "antique aircraft" means an aircraft constructed by the
original manufacturer, or its licensee, on or before December
31, 1945, with the exception of certain pre-World War II
aircraft models that had only a small post-war production, such
as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and
(2) "classic aircraft" means an aircraft constructed by the
original manufacturer, or its licensee, on or after January 1,
1946, and has a first year of life that precedes the date of
registration by at least 50 years.
Any (b) If an antique or classic aircraft built by the
original manufacturer prior to December 31, 1939, and is owned
and operated solely as a collector's item shall be listed, its
owner may list it for taxation and registration as follows: A
sworn affidavit shall be executed stating the name and address
of the owner, the name and address of the person from whom
purchased, the make of the aircraft, year and model number of
the aircraft, the federal aircraft registration number, the
manufacturer's identification number and that the aircraft is
owned and operated solely as a collector's item and not for
general transportation or commercial operations purposes. The
affidavit shall be filed with the commissioner along with a fee
of $25.
(c) Upon satisfaction that the affidavit is true and
correct, the commissioner shall issue to the applicant special
number plates, decalcomania labels or stamps bearing the
inscription "Pioneer Classic" or "Antique," "Minnesota" and the
registration number but no date. The special number plates,
decalcomania labels or stamps are valid without renewal as long
as the owner operates the aircraft solely as a collector's item.
(d) Should such an antique or classic aircraft be operated
other than as a collector's item, the pioneer special number
plates, decalcomania labels or stamps shall be void and removed,
and the owner shall list the aircraft for taxation and
registration in accordance with the other provisions of sections
360.511 to 360.67.
(e) Upon the sale of such an antique or classic aircraft,
the new owner must list the aircraft for taxation and
registration in accordance with the provisions of this
subdivision, (including the payment of a $25 fee) to obtain
new special plates or payment of a $5 fee to retain and transfer
the existing special plates to the name of the new owner, or the
other provisions of sections 360.511 to 360.67, whichever is
applicable.
(f) In the event of defacement, loss or destruction of the
special number plates, decalcomania labels or stamps, and upon
receiving and filing a sworn affidavit of the aircraft owner
setting forth the circumstances, together with any defaced
plates, labels or stamps and a fee of $5, the commissioner shall
issue replacement plates, labels or stamps. The commissioner
shall note on the records the issue of replacement number and
shall proceed to cancel the original plates, labels or stamps.
Sec. 72. Minnesota Statutes 1998, section 368.01,
subdivision 12, is amended to read:
Subd. 12. [TAXIS, HAULERS, CAR RENTERS.] The town board
may by ordinance license and regulate baggage wagons, dray
drivers, taxicabs, and automobile rental agencies and liveries.
At a minimum, an ordinance to license or regulate taxicabs or
small vehicle passenger service must provide for driver
qualifications, insurance, vehicle safety, and periodic vehicle
inspections.
Sec. 73. [388.151] [UNMARKED VEHICLES; LICENSE PLATES.]
Vehicles used by county attorneys to investigate
allegations of criminal wrongdoings, to assist crime victims or
witnesses, to aid in prosecuting criminal offenses, and for
other uses consistent with the duties of the county attorney
which the county attorney elects to operate as unmarked must be
registered and must display passenger vehicle classification
license number plates. The registrar of motor vehicles shall
furnish the license plates at cost upon application and
certification signed by the county attorney that the vehicles
will be used exclusively for the purposes authorized by this
section.
Sec. 74. Minnesota Statutes 1998, section 412.221,
subdivision 20, is amended to read:
Subd. 20. [TAXIS, HAULERS, CAR RENTERS.] The council shall
have power by ordinance to license and regulate baggage wagons,
dray drivers, taxicabs, and automobile rental agencies and
liveries. At a minimum, an ordinance to license or regulate
taxicabs or small vehicle passenger service must provide for
driver qualifications, insurance, vehicle safety, and periodic
vehicle inspections.
Sec. 75. Minnesota Statutes 1998, section 458A.06,
subdivision 5, is amended to read:
Subd. 5. [PROCEEDINGS BEFORE PUBLIC UTILITIES COMMISSION
AND OTHER PUBLIC AUTHORITIES.] The transit commission may
petition the public utilities commission commissioner of
transportation for changes in rates of operators of public
transit systems serving the transit area. Upon receipt of such
petition, the public utilities commission commissioner shall
order a hearing and conduct further proceedings thereon as
provided by section 221.041, and other applicable laws and
regulations rules. The transit commission may appear in behalf
of the public interest in any such proceedings or in any other
proceeding before the public utilities commission department of
transportation, the interstate commerce commission federal
agencies, the courts, or other public authorities involving any
matter relating to public transit within or affecting the
transit area.
Sec. 76. [473.906] [REPORT TO LEGISLATURE.]
The metropolitan radio board shall report to the
legislature no later than March 1, 2000, concerning the status
of the 800-MHz system. The report shall include: projected
cost of the system; identification of groups of taxpayers or
persons who pay fees who will pay for each part of the system;
the number of radios purchased by any government unit; and an
identification of manufacturers that have agreed to, or are
expected to respond to requests for proposals to, deliver radios
to the state or any government unit in connection with the
800-MHz project.
Sec. 77. Minnesota Statutes 1998, section 609.671,
subdivision 5, is amended to read:
Subd. 5. [HAZARDOUS WASTE; UNLAWFUL TREATMENT, STORAGE,
TRANSPORTATION, OR DELIVERY.] (a) A person is guilty of a felony
who knowingly does any of the following:
(1) delivers hazardous waste to any person other than a
person who is authorized to receive the waste under rules
adopted under section 116.07, subdivision 4, or under United
States Code, title 42, sections 6921 to 6938;
(2) treats or stores hazardous waste without a permit if a
permit is required, or in violation of a material term or
condition of a permit held by the person, unless:
(i) the person notifies the agency prior to the time a
permit would be required that the person will be treating or
storing waste without a permit; or
(ii) for a violation of a material term or condition of a
permit, the person immediately notifies the agency issuing the
permit of the circumstances of the violation as soon as the
person becomes aware of the violation;
(3) transports hazardous waste to any location other than a
facility that is authorized to receive, treat, store, or dispose
of the hazardous waste under rules adopted under section 116.07,
subdivision 4, or under United States Code, title 42, sections
6921 to 6938;
(4) transports hazardous waste without a manifest as
required by the rules under sections section 116.07, subdivision
4, and 221.172; or
(5) transports hazardous waste without a license required
for the transportation of hazardous waste by chapter 221.
(b) A person convicted under this subdivision may be
sentenced to imprisonment for not more than three years, or to
payment of a fine of not more than $25,000, or both. A person
convicted for a second or subsequent offense may be sentenced to
imprisonment for not more than five years, or to payment of a
fine of not more than $50,000, or both.
Sec. 78. Laws 1995, chapter 195, article 1, section 18, is
amended to read:
Sec. 18. [SUNSET.]
The metropolitan radio board is abolished effective July 1,
1999 2002. Effective July 1, 1999 2002, the board's duties and
responsibilities are transferred to the metropolitan council or
an appropriate state agency, as provided by law, based on the
reports submitted by the metropolitan council under section 7,
subdivision 3, of this article. The designated agency is the
successor to all the property, interests, obligations, and rules
of the metropolitan radio board.
Sec. 79. Laws 1998, chapter 404, section 17, subdivision
3, is amended to read:
Subd. 3. Transitways 46,500,000
(a) This appropriation is to match
federal and local funding for the
planning, design, engineering, and
construction of transitways in the
metropolitan area.
(b) $40,000,000 is for the preliminary
engineering, final design, and
construction of light rail transit in
the Hiawatha Avenue corridor from
downtown Minneapolis through
Minneapolis-St. Paul International
Airport and the site of the former Met
Center or surrounding area with a
terminus in southern Hennepin or
northern Dakota county.
The Hiawatha Avenue corridor management
committee created pursuant to Minnesota
Statutes, section 473.3994, subdivision
10, shall establish an advisory
committee of:
(1) individuals who reside near the
proposed corridor;
(2) representatives of businesses
located within one mile on either side
of the corridor; and
(3) elected officials, including
legislators, who represent the area in
which the Hiawatha corridor is located.
The advisory committee shall advise the
corridor management committee on issues
relating to the preliminary
engineering, final design, and
construction of light rail facilities,
including the proposed alignment for
the corridor.
(c) The funds in this paragraph must be
distributed as grants to appropriate
county regional rail authorities as
follows:
(1) $3,000,000 to match federal funding
for a major investment study,
engineering, and implementation in the
Riverview corridor between the east
side of St. Paul and the
Minneapolis-St. Paul International
Airport and the Mall of America;
(2) $1,500,000 to match federal funding
for a major investment study,
engineering, and implementation in the
Northstar corridor linking downtown
Minneapolis to the St. Cloud area and
to study the feasibility: (i) of
extending the corridor from St. Cloud
to Little Falls and providing commuter
rail service within this corridor; and
(ii) of commuter rail and other
transportation improvements within the
corridor;
(3) $500,000 to study potential transit
improvements and engineering studies in
the Cedar Avenue corridor to link the
Hiawatha, Riverview, and Northstar
transit corridors with Dakota county;
and
(4) $500,000 to develop engineering
documents for a commuter rail line from
Minneapolis to downtown St. Paul
through southern Washington county to
Hastings.
The commissioner of transportation, in
coordination with the North Star
Corridor Joint Powers Authority and the
St. Cloud area planning agency, shall
study the transportation needs within
the St. Cloud metropolitan area.
(d) $1,000,000 is available as grants
to appropriate county regional rail
authorities to conduct major investment
studies and to develop engineering
documents for commuter rail lines in
the following corridors:
(1) the Young America corridor from
Carver county to Minneapolis and St.
Paul;
(2) the Bethel corridor linking
Cambridge with the Northstar corridor
in Anoka county;
(3) the Northwest corridor from
downtown Minneapolis to the Northwest
suburbs of Hennepin county; and
(4) other commuter rail corridors
identified in phase II of the
department of transportation's commuter
rail service study, except for the
corridors identified in paragraph (c).
The appropriation in this paragraph is
not available until the completion of
the commuter rail service study as
provided in Laws 1997, chapter 159,
article 2, section 51. The funds may
be made available only after approval
by the commissioner of transportation
of an application submitted by county
regional rail authorities that is
consistent with the results of the
commuter rail service study and
demonstrates a coordinated
implementation strategy.
Sec. 80. [PASSENGER RAIL SERVICE STUDY.]
The commissioner of transportation shall conduct a study of
restoring and extending Amtrak rail passenger service to connect
the Twin Cities, Duluth, and the Iron Range. The study must
include, among other things:
(1) the feasibility and desirability of providing the
service, including connecting the service with potential
commuter rail and light rail routes identified by the
commissioner;
(2) anticipated operating costs, and capital costs if any;
(3) projected ridership of the service and means to
maximize ridership;
(4) examination of alternative rail routes, including track
improvement issues, condition of depot facilities, travel time,
and optimal operating schedules;
(5) analysis of alternative revenue sources, including
federal TEA-21, regional railroad authorities, and the transport
of United States mail; and
(6) examination of successful Amtrak-state-local
partnerships in several other states, including Washington,
North Carolina, New York, and California.
During the course of the study, the various regional railroad
authorities located along the proposed routes are encouraged to
cooperate with and provide the commissioner with any requested
technical assistance.
The commissioner shall report to the governor and
legislature on the results of the study not later than February
1, 2000.
Sec. 81. [TAXI REGULATION STUDY.]
The metropolitan council shall study and make
recommendations to the legislature no later than February 1,
2000, concerning regulation by a single agency of taxicabs in
the metropolitan area.
Sec. 82. [RECOMMENDATIONS.]
The department of public safety shall review Minnesota
Statutes, sections 169.48 to 169.66, and any other sections of
law that relate to vehicle lighting, and shall, on or before
February 15, 2000, recommend to the legislature modifications in
the law or administrative procedure to:
(1) clarify types, colors, brightness, and placement of
allowable vehicle lighting;
(2) give adequate notice to the public and to law
enforcement concerning vehicle lighting that is in violation of
the law;
(3) ensure expedient administrative approval or disapproval
of lighting devices; and
(4) allow vehicles to display the maximum range of vehicle
lighting that is consistent with public safety.
Sec. 83. [REPORT; LARGE URBANIZED TRANSIT SYSTEMS.]
(a) The legislative auditor is requested to gather
information and report to the chairs of the house and senate
committees on transportation policy and finance by October 1,
1999, on expenditures and amount and sources of revenues,
including revenues from farebox sources, governmental
assistance, and contracts, of the Duluth transit authority for
calendar years 1994 through 1998.
(b) The commissioner of transportation and the Duluth
transit authority shall submit to the chairs of the house and
senate committees on transportation policy and finance no later
than October 1, 1999, a joint recommendation concerning the
appropriate percentage of total operating cost to be paid from
local sources by recipients of large urbanized area transit
state operating assistance under Minnesota Statutes, section
174.24, subdivision 3b.
Sec. 84. [STATE DEVELOPMENT STRATEGY; PROPOSAL.]
(a) The director of the office of strategic and long-range
planning shall develop, in coordination with the metropolitan
council and the commissioners of transportation, trade and
economic development, and natural resources, a 20-year state
development strategy. The strategy must include:
(1) forecasts, issues, goals, and policies relating to
development and the connection between transportation, land use,
environmental protection, energy, and economic development;
(2) an identification of major development and
transportation corridors in the state;
(3) an identification of cultural and natural features and
resources of statewide, regional, and local significance;
(4) recommendations for coordinated state investments
necessary to achieve goals and policies in the area of
infrastructure, including transportation and wastewater
treatment facilities;
(5) a description of any legislation or programmatic
changes necessary to implement the plan;
(6) recommendation for approaches for coordinating local
government decisions with the strategy; and
(7) a process for encompassing the community-based planning
goals in Minnesota Statutes, section 4A.08, including citizen
participation and intergovernmental cooperation.
(b) The director shall submit to the legislature by
February 15, 2000, an evaluation and proposal for preparing the
state development strategy based on development of a prototype
strategy for the I-94 corridor area between the metropolitan
area and St. Cloud.
Sec. 85. [CONVERSION OF CERTIFICATES.]
A motor carrier of passengers with a valid certificate or
permit issued by the transportation regulation board, public
service commission, public utilities commission, or commissioner
of transportation before January 1, 2000, is deemed to have
registered under Minnesota Statutes, section 221.0252, and the
commissioner of transportation shall issue a certificate of
registration to the carrier. A certificate of registration
issued under this section must include a date between January 1,
2001, and December 31, 2001, on which it expires. Before a
certificate of registration expires, after giving notice to the
carrier, the commissioner shall follow the procedures in
Minnesota Statutes, section 221.0252, to renew the carrier's
registration. Minnesota Statutes, section 221.124, does not
apply to a carrier who is issued a certificate of registration
under this section.
Sec. 86. [MOTOR CARRIER SERVICE AT MINNEAPOLIS-ST. PAUL
INTERNATIONAL AIRPORT.]
Until July 1, 2000, only a motor carrier with a valid
certificate, permit, or certificate of registration, issued by
the transportation regulation board, public service
commissioner, public utilities commission, or commissioner of
transportation, or a carrier specifically authorized by the
metropolitan airports commission, may pick up passengers at the
Minneapolis-St. Paul International Airport.
Sec. 87. [UTILITY RELOCATION STUDY.]
The commissioner of transportation, in consultation with
representatives of the highway construction and utility
industries, shall study issues related to relocating or removing
utilities from highway construction projects. The study must
include (1) notice given to utilities about construction
projects that affect utility facilities, and (2) the rights and
responsibilities of the department of transportation, highway
construction contractors, and utilities. The commissioner shall
report by January 15, 2000, to the house and senate committees
with jurisdiction over transportation policy on recommendations
for actions by the department or the legislature.
Sec. 88. [FEDERAL FUNDS.]
The commissioner of transportation shall take no action
under section 29 that would result in a loss of federal funds to
the state.
Sec. 89. [PUBLIC SAFETY RADIO COMMUNICATION SYSTEM;
AGREEMENT.]
Notwithstanding any other law, in order to facilitate
construction of the initial backbone of the public safety radio
communication system in the metropolitan area, the commissioner
of transportation may enter into a contract under which a
private telecommunications company agrees to (1) construct a
telecommunications tower acceptable to the commissioner on land
owned by the Minnesota correctional facility-Lino Lakes and
leased to the commissioner and the metropolitan radio board, and
(2) deliver to the commissioner title to the tower, free of all
encumbrances. The commissioner may accept the tower in exchange
for allowing the private telecommunications company delivering
title to the tower to locate telecommunications equipment
without charge on state-owned buildings or structures under the
commissioner's jurisdiction and control. The commissioner may
enter into a contract under this section only with a company
that responded to a request for proposals issued in August 1998
by the commissioner of administration for radio tower
construction. The value of the location of privately owned
equipment on state-owned buildings or structures for the
duration of the contract must be similar to the value of the
tower constructed for the commissioner. A contract authorized
under this section may be for a term of not more than 20 years.
Notwithstanding Minnesota Statutes, sections 16A.15 and 16A.41,
a contract authorized under this section may provide that the
commissioner will pay for the unamortized cost of the tower if
the contract is canceled before its expiration. Minnesota
Statutes, chapters 16B and 16C, do not apply to a contract
authorized under this section. A contract authorized by this
section is not valid until approved by the attorney general.
Sec. 90. [REPORT.]
The commissioner of public safety shall report to the
chairs of the senate and house of representatives committees on
transportation policy and transportation finance on February 15,
2000, and February 15, 2001, on revenue from the sale of
advertising in department publications and expenditure of that
revenue.
Sec. 91. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall make cross-reference changes
in Minnesota Statutes and Minnesota Rules consistent with the
renumbering of clauses in section 23.
Sec. 92. [REPEALER.]
(a) Minnesota Statutes 1998, sections 168.011, subdivision
36; 168.1281; 221.011, subdivisions 7, 9, 20, 21, 32, and 34;
221.041; 221.051; 221.061; 221.071; 221.081; 221.121,
subdivisions 6b and 6h; 221.172, subdivision 9; 221.281; and
221.85, are repealed.
(b) Minnesota Statutes 1998, section 473.3998, is repealed.
Sec. 93. [EFFECTIVE DATE.]
Sections 21 and 22 are effective the day following final
enactment, and are repealed on July 31, 2000. Sections 2, 15,
32, 33, 35 to 67, 72, 74, 75, 77, and 85 are effective January
1, 2000. Sections 7 to 14 are effective July 1, 2000. Section
27 is effective July 1, 1999, for Minnesota identification cards
issued on and after that date. Sections 4, 5, and 30 are
effective July 1, 2001.
Presented to the governor May 24, 1999
Signed by the governor May 25, 1999, 3:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes