Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 213-S.F.No. 1769
An act relating to transportation; modifying
provisions relating to highway information signs;
transferring, discontinuing, or changing description
of portions of certain trunk highways; authorizing
commissioner of transportation to set certain highway
construction contract conditions in taconite tax
relief areas; allowing commissioner of transportation
to convey interest in certain land to property owners;
modifying provisions for speed limits in highway work
zones; modifying seasonal highway weight limitations;
transferring responsibilities from transportation
regulation board to commissioner of transportation;
making technical and clarifying changes; repealing
obsolete or invalid provisions; amending Minnesota
Statutes 2000, sections 160.292, subdivision 10;
161.114; 161.115, subdivisions 36, 48, by adding a
subdivision; 161.24, subdivision 4; 161.442; 169.14,
subdivision 5d; 169.825, subdivision 11; 174.02,
subdivisions 4, 5; 174.10, subdivisions 1, 3, 4;
174A.02, subdivisions 1, 2, 4; 174A.04; 174A.06;
218.031, subdivision 2; 218.041, subdivisions 4, 5, 6;
219.074, subdivision 2; 219.402; 222.632; proposing
coding for new law in Minnesota Statutes, chapter 161;
repealing Minnesota Statutes 2000, sections 174A.01;
174A.02, subdivision 5; 174A.03; 174A.05; 219.558;
219.559; 219.56; 219.681; 219.69; 219.691; 219.692;
219.695; 219.70; 219.71; 219.741; 219.743; 219.751;
219.755; 219.85; 219.88; 219.97, subdivisions 6, 7,
10; 222.633.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 160.292,
subdivision 10, is amended to read:
Subd. 10. [SPECIFIC SERVICE.] "Specific service" means
restaurants; rural agricultural or tourist-oriented businesses;
places of worship; gasoline service stations and other retail
motor fuel businesses; and motels, resorts, or recreational
camping areas that provide sleeping accommodations for the
traveling public. "Tourist-oriented business" means a business,
service, or activity that receives the major portion of its
income or visitors during the normal business season from
motorists not residing in the immediate area of the business or
activity. "Tourist-oriented business" includes, but is not
limited to: (1) a greenhouse or nursery, (2) a bait and tackle
shop, (3) a marina, and (4) a gift or antique shop. "Rural
agricultural business" includes but is not limited to: (1) a
grain-handling facility; (2) a business providing care and
well-being to animals; and (3) the sale of feed or seed.
Sec. 2. Minnesota Statutes 2000, section 161.114, is
amended to read:
161.114 [CONSTITUTIONAL TRUNK HIGHWAYS.]
Subdivision 1. [DESIGNATION.] The trunk highway routes,
numbered 1 through 70, as described in the constitutional
amendment adopted November 2, 1920, are designated as the
constitutional routes of the trunk highway system.
Subd. 2. [DESCRIPTIONS.] The constitutional routes are
described as follows:
Route No. 1. Beginning at a point on the boundary line
between the states of Minnesota and Iowa, southeasterly at
Albert Lea and thence extending in a northwesterly direction to
a point in Albert Lea and thence extending in a northerly
direction to a point and on the southerly limits of the city of
St. Paul and then beginning at a point on the northerly limits
of the city of St. Paul and thence extending in a northerly
direction to a point on the westerly limits of the city of
Duluth and then beginning at a point on the northerly limits of
the city of Duluth and thence extending in a northeasterly
direction to a point on the boundary line between the state of
Minnesota and the province of Ontario, affording Albert Lea,
Owatonna, Faribault, Northfield, Farmington, St. Paul, White
Bear, Forest Lake, Wyoming, Rush City, Pine City, Hinckley,
Sandstone, Moose Lake, Carlton, Duluth, Two Harbors, Grand
Marais and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 2. Beginning at a point on Route No. 1 on the
westerly limits of the city of Duluth and thence extending in a
southwesterly direction along said Route No. 1 to a point on
said route at Carlton and thence extending in a westerly
direction to a point on the east bank of the Red River of the
North at Moorhead, affording Duluth, Carlton, McGregor, Aitkin,
Brainerd, Motley, Staples, Wadena, Detroit, Moorhead and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 3. Beginning at a point on the boundary line
between the states of Minnesota and Wisconsin, westerly of La
Crosse, Wisconsin, and thence extending in a northwesterly
direction to a point on the easterly limits of the city of St.
Paul and then beginning at a point on the westerly limits of the
city of Minneapolis and thence extending in a northwesterly
direction to a point on the east bank of the Red River of the
North at Breckenridge, affording La Crescent, Winona, Kellogg,
Wabasha, Lake City, Red Wing, Hastings, St. Paul, Minneapolis,
Osseo, Champlin, Anoka, Elk River, Big Lake, St. Cloud, Albany,
Sauk Centre, Alexandria, Elbow Lake, Fergus Falls, Breckenridge
and intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 4. Beginning at a point on the boundary line
between the states of Minnesota and Iowa, southwesterly of
Jackson and thence extending in a northerly direction to a point
on Route No. 3, southeasterly of Sauk Centre and thence
extending in a northwesterly direction along said Route No. 3 to
a point on said route at Sauk Centre and thence extending in a
northerly direction to a point at International Falls, affording
Jackson, Windom, Sanborn, Redwood Falls, Morton, Olivia,
Willmar, Paynesville, Sauk Centre, Long Prairie, Wadena, Park
Rapids, Itasca State Park, Bemidji, International Falls and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 5. Beginning at a point on the boundary line
between the states of Minnesota and Iowa, southerly of Blue
Earth and thence extending in a northeasterly direction to a
point on the southerly limits of the city of Minneapolis and
then beginning at a point on the northerly limits of the city of
Minneapolis and thence extending in a northerly direction to a
point in Swan River on Route No. 8, hereinafter described,
affording Blue Earth, Winnebago, Mankato, St. Peter, Le Sueur,
Jordan, Shakopee, Minneapolis, Cambridge, Mora, McGregor, Swan
River and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 6. Beginning at a point on the boundary line
between the states of Minnesota and Iowa, southerly of Ash
Creek, and thence extending in a northerly direction to a point
on the boundary line between the state of Minnesota and the
province of Manitoba, near St. Vincent, affording Luverne,
Pipestone, Lake Benton, Ivanhoe, Canby, Madison, Bellingham,
Odessa, Ortonville, Graceville, Dumont, Wheaton, Breckenridge,
Moorhead, Kragnes, Georgetown, Perley, Hendrum, Ada, Crookston,
Warren, Donaldson, Hallock and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 7. Beginning at a point on Route No. 3 at Winona
and thence extending in a westerly direction to a point on the
boundary line between the states of Minnesota and South Dakota,
westerly of Lake Benton, affording Winona, St. Charles,
Rochester, Kasson, Dodge Center, Claremont, Owatonna, Waseca,
Mankato, St. Peter, New Ulm, Springfield, Tracy, Lake Benton and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 8. Beginning at a point on the westerly limits
of the city of Duluth and thence extending in a northwesterly
direction to a point on Route No. 6 near Crookston and thence
extending in a westerly and northerly direction along said Route
No. 6 to a point on said route northerly of Crookston and thence
extending in a northwesterly direction to a point on the east
bank of the Red River of the North at East Grand Forks,
affording Duluth, Floodwood, Swan River, Grand Rapids, Cass
Lake, Bemidji, Bagley, Erskine, Crookston, East Grand Forks and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 9. Beginning at a point on Route No. 3 at La
Crescent and thence extending in a westerly direction to a point
on the boundary line between the states of Minnesota and South
Dakota southwesterly of Beaver Creek, affording La Crescent,
Hokah, Houston, Rushford, Lanesboro, Preston, Fountain, Spring
Valley, Austin, Albert Lea, Blue Earth, Fairmont, Jackson,
Worthington, Luverne and intervening and adjacent communities a
reasonable means of communication, each with the other and other
places within the state.
Route No. 10. Beginning at a point on the westerly limits
of the city of Minneapolis and thence extending in a
northwesterly direction to a point on Route No. 6 at or near
Wheaton, affording Minneapolis, Montrose, Cokato, Litchfield,
Willmar, Benson, Morris, Herman, Wheaton and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 11. Beginning at a point on Route No. 8 at the
westerly limits of the city of Duluth and thence extending in a
northwesterly and northerly direction to a point on Route No. 4
at International Falls and thence extending in a southwesterly
direction along said Route No. 4 to a point on said route
southwesterly of International Falls and thence extending in a
westerly direction to a point on Route No. 6 at Donaldson,
affording Duluth, Eveleth, Virginia, Cook, Orr, Cussons,
International Falls, Baudette, Warroad, Roseau, Greenbush,
Donaldson and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 12. Beginning at a point on the west bank of the
St. Croix River near Hudson, Wisconsin and thence extending in a
westerly direction to a point on the easterly limits of the city
of St. Paul and then beginning at a point on the westerly limits
of the city of Minneapolis and thence extending in a westerly
direction to a point on Route No. 6 at Madison, affording St.
Paul, Minneapolis, Hopkins, Norwood, Glencoe, Olivia, Granite
Falls, Montevideo, Dawson, Madison and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 13. Beginning at a point on Route No. 9 at
Albert Lea and thence extending in a northerly direction to a
point on Route No. 5 at Jordan affording Albert Lea, Waseca,
Waterville, Montgomery, New Prague, Jordan and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 14. Beginning at a point on Route No. 6 at
Ivanhoe and thence extending in an easterly direction to a point
on Route No. 4 at Redwood Falls and thence extending in an
easterly direction along said Route No. 4 to a point on said
route at Morton and thence extending in an easterly direction to
a point on Route No. 22, hereinafter described, at Gaylord
affording Ivanhoe, Marshall, Redwood Falls, Morton, Winthrop,
Gaylord and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 15. Beginning at a point on the boundary line
between the states of Minnesota and Iowa southerly of Fairmont
and thence extending in a northerly direction to a point on
Route No. 14 at Winthrop, affording Fairmont, Madelia, New Ulm,
Winthrop and intervening and adjacent communities a reasonable
means of communication each with the other and other places
within the state.
Route No. 16. Beginning at a point on Route No. 5
southwesterly of Mankato and thence extending westerly to a
point on Route No. 15 at Madelia and thence extending in a
southerly direction along said Route No. 15 to a point on said
route southerly of Madelia and thence extending in a westerly
direction to a point on Route No. 4 northerly of Windom and
thence extending in a southerly direction along said Route No. 4
to a point on said route at Windom and thence extending in a
westerly direction to a point at Fulda and thence extending in a
southerly direction to a point on Route No. 9 at Worthington,
affording Mankato, Madelia, St. James, Windom, Fulda,
Worthington and intervening and adjacent communities a
reasonable means of communication, each with the other and other
places within the state.
Route No. 17. Beginning at a point on Route No. 16 at
Fulda and thence extending in a northerly direction to a point
on Route No. 12 at Granite Falls, affording Fulda, Slayton,
Garvin, Marshall, Granite Falls and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 18. Beginning at a point on Route No. 3 at Elk
River and thence extending in a northerly direction to a point
on Route No. 2 easterly of Brainerd, affording Elk River,
Princeton, Milaca, Onamia and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 19. Beginning at a point on Route No. 2 at
Brainerd and thence extending in a northwesterly direction to a
point on Route No. 8 at Cass Lake, affording Brainerd, Pine
River, Walker, Cass Lake and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 20. Beginning at a point on the boundary line
between the states of Minnesota and Iowa near Canton and thence
extending in a northwesterly direction to a point on Route No. 9
at or near Preston and thence extending in a northwesterly
direction along said Route No. 9 to a point on said route at
Fountain and thence extending in a northwesterly direction to a
point on Route No. 3 in the town of Douglas, Dakota county (T.
113, R. 17 W.) affording Canton, Harmony, Preston, Fountain,
Chatfield, Oronoco, Pine Island, Zumbrota, Cannon Falls and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 21. Beginning at a point on Route No. 20 at
Zumbrota and thence extending in a westerly direction to a point
on Route No. 5 at St. Peter, affording Zumbrota, Kenyon,
Faribault, Le Sueur Center, Cleveland, St. Peter and intervening
and adjacent communities a reasonable means of communication,
each with the other and other places within the state.
Route No. 22. Beginning at a point on Route No. 5 at St.
Peter and thence extending in a northwesterly direction to a
point on Route No. 4 at Paynesville, affording St. Peter,
Gaylord, Glencoe, Hutchinson, Litchfield, Paynesville and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 23. Beginning at a point on Route No. 4 at
Paynesville and thence extending in a northeasterly direction
through the village of Richmond, Coldspring, Rockville and Waite
Park to a point on Route No. 3 westerly of St. Cloud, and thence
extending in a northeasterly direction to a point on Route No. 5
southerly of Mora, and thence extending in a northerly direction
along said Route No. 5 to a point on said route at Mora, and
thence extending in an easterly direction to a point on Route
No. 1 southerly of Hinckley, affording Paynesville, St. Cloud,
Foley, Milaca, Ogilvie, Mora and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 24. Beginning at a point on Route No. 10 at
Litchfield and thence extending in a northeasterly direction to
a point on Route No. 3 at St. Cloud, affording Litchfield, St.
Cloud and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 25. Beginning at a point on Route No. 5 at or
near Belle Plaine and thence extending in a northerly direction
to a point on Route No. 3 at Big Lake, affording Belle Plaine,
Norwood, Watertown, Montrose, Buffalo, Monticello, Big Lake and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 26. Beginning at a point on Route No. 10 at
Benson and thence extending in a westerly direction to a point
on Route No. 6 near Ortonville, affording Benson, Ortonville and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 27. Beginning at a point on Route No. 3 at St.
Cloud and thence extending in a northerly direction to a point
on Route No. 2 at Brainerd, affording St. Cloud, Sauk Rapids,
Royalton, Little Falls, Brainerd and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 28. Beginning at a point on Route No. 27 at
Little Falls and thence extending in a southwesterly direction
to a point on the boundary line between the states of Minnesota
and South Dakota at Browns Valley, affording Little Falls, Sauk
Centre, Glenwood, Starbuck, Morris, Graceville, Browns Valley
and intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 29. Beginning at a point on Route No. 28 at
Glenwood and thence extending in a northerly direction to a
point on Route No. 2 westerly of Wadena affording Glenwood,
Alexandria, Parkers Prairie, Deer Creek and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 30. Beginning at a point on Route No. 3 at
Fergus Falls, and thence extending in a northerly direction to a
point on Route No. 8 at Erskine, affording Fergus Falls, Pelican
Rapids, Detroit, Mahnomen, Erskine and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 31. Beginning at a point on Route No. 6 at Ada,
and thence extending in an easterly direction to a point on
Route No. 30 near Mahnomen, affording Ada, Mahnomen and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 32. Beginning at a point on Route No. 8 easterly
of Crookston and thence extending in a northerly direction to a
point on Route No. 11 at Greenbush, affording Red Lake Falls,
Thief River Falls, Middle River, Greenbush and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 33. Beginning at a point on Route No. 32 at
Thief River Falls and thence extending in a northwesterly
direction to a point on Route No. 6 at Warren, affording Thief
River Falls, Warren and intervening and adjacent communities a
reasonable means of communication, each with the other and other
places within the state.
Route No. 34. Beginning at a point on Route No. 2 at
Detroit and thence extending in a northeasterly direction to a
point on Route No. 8 westerly of Grand Rapids, affording
Detroit, Park Rapids, Walker, Remer, Grand Rapids and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 35. Beginning at a point on Route No. 18 near
Mille Lacs Lake and thence extending in a northerly direction to
a point at Grand Rapids and thence extending in a northeasterly
direction to a point at Ely, affording Aitkin, Grand Rapids,
Hibbing, Chisholm, Buhl, Mountain Iron, Virginia, Gilbert,
McKinley, Biwabik, Aurora, Tower, and Ely and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 36. Beginning at a point on Route No. 3 at
Fergus Falls and thence extending in an easterly direction to a
point on Route No. 29 easterly of Henning, affording Fergus
Falls, Henning and intervening and adjacent communities a
reasonable means of communication, each with the other and other
places within the state.
Route No. 37. Beginning at a point on Route No. 27 at
Little Falls and thence extending in a northwesterly direction
to a point on Route No. 2 at Motley, affording Little Falls,
Motley and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 38. Beginning at a point on Route No. 12 at
Montevideo and thence extending in a northerly direction to a
point on Route No. 28 at Starbuck, affording Montevideo, Benson,
Starbuck and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 39. Beginning at a point on Route No. 7 at
Mankato and thence extending in a southeasterly direction to a
point on Route No. 9 westerly of Albert Lea, affording Mankato,
Mapleton, Minnesota Lake, Wells and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 40. Beginning at a point on the boundary line
between the states of Minnesota and Iowa at Lyle and thence
extending in a northwesterly direction to a point on Route No. 7
at Owatonna, affording Lyle, Austin, Blooming Prairie, Owatonna
and intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 41. Beginning at a point on Route No. 40 at or
near Blooming Prairie and thence extending in an easterly
direction to a point on Route No. 56, hereinafter described,
near Hayfield, affording Blooming Prairie, Hayfield and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 42. Beginning at a point on Route No. 7 easterly
of Rochester and thence extending (1) in a northeasterly
direction to a point on Route No. 3 at Kellogg, affording
Rochester, Elgin, Plainview, Kellogg and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state and (2) in a
southerly direction to a point on Route No. 391.
Route No. 43. Beginning at a point on Route No. 9 at
Rushford and thence extending in a northeasterly direction to a
point on Route No. 3 at Winona, affording Rushford, Winona and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 44. Beginning at a point on Route No. 9 at Hokah
and thence extending in a southwesterly direction to a point on
Route No. 20 near Canton, affording Hokah, Caledonia, Canton and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 45. Beginning at a point on the west bank of the
St. Croix River at Stillwater and thence extending in a
southwesterly direction to a point on the easterly limits of the
city of St. Paul, affording Stillwater, Lake Elmo, St. Paul and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 46. Beginning at a point on the west bank of the
St. Croix River at Taylors Falls and thence extending in a
southwesterly direction to a point on Route No. 1 near Wyoming,
affording Taylors Falls, Center City, Wyoming and intervening
and adjacent communities a reasonable means of communication,
each with the other and other places within the state.
Route No. 47. Beginning at a point on Route No. 17 at
Slayton and thence extending in a westerly direction to a point
on Route No. 6 at Pipestone, affording Slayton, Pipestone and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 48. Beginning at a point on Route No. 17
westerly of Granite Falls and thence extending in a westerly
direction to a point on Route No. 6 at Canby, affording Granite
Falls, Clarkfield, Canby and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 49. Beginning at a point on Route No. 12
easterly of Montevideo and thence extending in a northeasterly
direction to a point on Route No. 4 southerly of Willmar,
affording Montevideo, Clara City, Willmar and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 50. Beginning at a point on Route No. 20 at
Cannon Falls and thence extending in a northwesterly direction
to a point on the southerly limits of the city of Minneapolis,
affording Cannon Falls, Farmington, Minneapolis and intervening
and adjacent communities a reasonable means of communication,
each with the other and other places within the state.
Route No. 51. Beginning at a point on Route No. 5 at
Shakopee and thence extending in a northerly direction to a
point on Route No. 12 northerly of Shakopee, affording a
connection between said Route No. 5 and said Route No. 12.
Route No. 52. Beginning at a point on Route No. 5 south of
the city of Minneapolis and thence extending in a northeasterly
direction to a point on the westerly limits of the United States
Military reservation at Fort Snelling, affording St. Paul and
adjacent communities a reasonable communication with said Route
No. 5.
Route No. 53. Beginning at a point on Route No. 3 at
Hastings and thence extending in a northwesterly direction to a
point on the southerly limits of the city of South St. Paul,
affording Hastings, South St. Paul and intervening and adjacent
communities a reasonable means of communication, each with the
other and other places within the state.
Route No. 54. Beginning at a point on Route No. 3 at Elbow
Lake and thence extending in a southwesterly direction to a
point on Route No. 10 at Herman, affording Elbow Lake, Herman
and intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 55. Beginning at a point on Route No. 2
northwesterly of Carlton and thence extending in a northerly
direction to a point in Cloquet, affording Carlton, Cloquet and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 56. Beginning at a point on Route No. 9 easterly
of Austin and thence extending in a northerly direction to a
point on Route No. 21 at or near Kenyon, affording Brownsdale,
Hayfield, Dodge Center, West Concord, Kenyon and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 57. Beginning at a point in Mantorville and
extending in a southerly direction to a point on Route No. 7
southerly of Mantorville, affording Mantorville a reasonable
means of communication with said Route No. 7.
Route No. 58. Beginning at a point on Route No. 20 at
Zumbrota and thence extending in a northeasterly direction to a
point on Route No. 3 at Red Wing, affording Zumbrota, Red Wing
and intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 59. Beginning at a point on the boundary line
between the states of Minnesota and Iowa southerly of Spring
Valley and thence extending in a northerly direction to a point
on No. 3 at Lake City, affording Spring Valley, Stewartville,
Rochester, Zumbrota Falls, Lake City and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 60. Beginning at a point on Route No. 1 at
Faribault and thence extending in a southwesterly direction to a
point on Route No. 7 at or near Madison Lake, affording
Faribault, Morristown, Waterville, Madison Lake and intervening
and adjacent communities a reasonable means of communication,
each with the other and other places within the state.
Route No. 61. Beginning at a point on Route No. 8 at Deer
River and thence extending in a northerly direction to a point
on Route No. 4 at or near Big Falls, affording Deer River, Big
Falls and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 62. Beginning at a point on Route No. 3 at Anoka
and thence extending in a southeasterly direction to a point on
the northerly limits of the city of St. Paul, affording Anoka,
St. Paul and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 63. Beginning at a point on Route No. 1
southerly of Forest Lake and thence extending in a southwesterly
direction to a point on the northerly and easterly limits of the
city of Minneapolis, affording a reasonable means of
communication between Route No. 1 and Minneapolis.
Route No. 64. Beginning at a point on Route No. 30
northerly of Fergus Falls and thence extending in a northerly
and westerly direction to a point on Route No. 6 southerly of
Moorhead, affording Fergus Falls, Rothsay, Barnesville, Moorhead
and intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 65. Beginning at a point on Route No. 8 at
Bagley, and thence extending in a northerly and westerly
direction to a point on Route No. 32 southerly of Red Lake
Falls, affording Bagley, Clearbrook, Gonvick, Gully, Brooks,
Terrebonne and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 66. Beginning at a point on Route No. 12 at
Montevideo and thence extending in a northwesterly direction to
a point on Route No. 26 northerly of Appleton affording
Montevideo, Appleton and intervening and adjacent communities a
reasonable means of communication, each with the other and other
places within the state.
Route No. 67. Beginning at a point on Route No. 14
southerly of Echo and thence extending in a northerly and
westerly direction to a point on Route No. 17 at or near Granite
Falls, affording Echo, Granite Falls and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
Route No. 68. Beginning at a point on Route No. 14 at
Marshall and thence extending in a northwesterly direction to a
point on Route No. 6 near Canby, affording Marshall, Minneota,
Canby and intervening and adjacent communities a reasonable
means of communication, each with the other and other places
within the state.
Route No. 69. Beginning at a point on Route No. 25 at
Buffalo and thence extending in a northwesterly direction to a
point on Route No. 22 southeasterly of Paynesville, affording
Buffalo, Maple Lake, Annandale, Eden Valley, Paynesville and
intervening and adjacent communities a reasonable means of
communication, each with the other and other places within the
state.
Route No. 70. Beginning at a point on Route No. 7 westerly
of New Ulm and thence extending in a northerly direction to a
point on Route No. 12 at or near the village of Hector,
affording Fort Ridgely, Fairfax, Hector and intervening and
adjacent communities a reasonable means of communication, each
with the other and other places within the state.
[EFFECTIVE DATE.] This section is effective when the
transfer of jurisdiction of approximately 3.5 miles of county
state-aid highway 7 from marked U.S. highway 14 to interstate
highway I-90 is agreed to by the commissioner of transportation
and Olmsted county and a copy of the agreement, signed by the
commissioner and the chair of the Olmsted county board, has been
filed in the office of the commissioner.
Sec. 3. Minnesota Statutes 2000, section 161.115,
subdivision 36, is amended to read:
Subd. 36. [ROUTE NO. 105.] Beginning at a point on the
southerly limits of Washington avenue in the city of
Minneapolis, thence extending in a northeasterly direction
through Minneapolis to a point at the beginning of Route No. 5
on the northerly limits of the city of Minneapolis.
[EFFECTIVE DATE.] This section is effective when the
transfer of jurisdiction of a portion of legislative route No.
105, from 10th street south to Washington avenue south in
Minneapolis, is agreed to by the commissioner of transportation
and the city of Minneapolis and a copy of the agreement, signed
by the commissioner and the mayor of the city of Minneapolis,
has been filed in the office of the commissioner.
Sec. 4. Minnesota Statutes 2000, section 161.115,
subdivision 48, is amended to read:
Subd. 48. [ROUTE NO. 117.] Beginning at a point on Route
No. 100 as herein established easterly of New Prague, thence
extending in a northeasterly direction and crossing the
Mississippi River easterly of the city of South St. Paul, thence
extending in a northerly direction to a point on Route No. 1 at
or near White Bear 393.
[EFFECTIVE DATE.] This section is effective when the
transfer of jurisdiction of a portion of legislative route No.
117, marked as trunk highway 120, is agreed to by the
commissioner of transportation and the counties of Ramsey and
Washington and a copy of the agreement, signed by the
commissioner and the chair of the Ramsey county board and the
chair of the Washington county board, has been filed in the
office of the commissioner.
Sec. 5. Minnesota Statutes 2000, section 161.115, is
amended by adding a subdivision to read:
Subd. 268. [ROUTE NO. 337.] From a point on Route No. 2 in
the city of Brainerd thence extending southwesterly to its
intersection with new, marked trunk highway 371 as signed on the
day following final enactment of this subdivision.
Sec. 6. Minnesota Statutes 2000, section 161.24,
subdivision 4, is amended to read:
Subd. 4. [ACCESS TO ISOLATED PROPERTY.] When the
establishment, construction, or reconstruction of a trunk
highway closes off any other highway or street, including a city
streets street, private road, or entrance at the boundary
of such the trunk highway, the commissioner may, in mitigation
of damages, or in the interest of safety and convenient public
travel, construct a road either within the limits of the trunk
highway, or without outside the limits of the trunk highway,
connecting the closed off closed-off highway, street, private
road, or entrance with another public highway. In determining
whether to build the road within or without outside the limits
of the trunk highway, the commissioner may take into
consideration economy to the state and local traffic needs. The
commissioner, in mitigation of damages, may connect the closed
off closed-off private road with the remaining portion of the
private road or with another private road. All lands necessary
therefor for connecting a highway, street, private road, or
entrance to another public highway or for connecting a
closed-off private road to the remaining portion of a private
road or to another private road, may be acquired by purchase,
gift, or condemnation. Notwithstanding section 161.23, 161.43,
161.431, or 161.44, the commissioner may convey and quitclaim a
fee title or easement held or owned by the state in land used to
construct a road to connect the closed-off highway, street,
entrance, or private road with another public highway or to
reconnect the private road to the property served by the road.
Sec. 7. [161.366] [TRANSPORTATION CONSTRUCTION CONTRACT;
TACONITE RELIEF AREA.]
The commissioner of transportation, as a condition of
awarding a transportation construction contract in the taconite
tax relief area, may require the contractor to hire a certain
percentage of workers for that contract whose principal place of
residence is in the taconite tax relief area. Taconite tax
relief area means the tax relief area defined in section 273.134.
Sec. 8. Minnesota Statutes 2000, section 161.442, is
amended to read:
161.442 [RECONVEYANCE TO FORMER OWNER.]
Notwithstanding sections 161.23, 161.41, 161.411, 161.43,
161.44, or any other statute, the commissioner of
transportation, at the commissioner's sole discretion with the
consent of the owner, may transfer, sell, or convey real
property including fixtures, and interests in real property
including easements, to the owner from whom the property was
acquired by the state for trunk highway purposes through a
pending eminent domain action. The transfer of title may be by
stipulation, partial dismissal, bill of sale, or conveyance.
Any resulting change in the state's acquisition must be
explained in the final certificate for that action. This
provision does not confer on a landowner the right to compel a
reconveyance without the consent of the commissioner.
Sec. 9. Minnesota Statutes 2000, section 169.14,
subdivision 5d, is amended to read:
Subd. 5d. [SPEED ZONING IN WORK ZONE; SURCHARGE.] (a) The
commissioner, on trunk highways and temporary trunk highways,
and local authorities, on streets and highways under their
jurisdiction, may authorize the use of reduced maximum speed
limits in highway work zones. The commissioner or local
authority is not required to conduct an engineering and traffic
investigation before authorizing a reduced speed limit in a
highway work zone.
(b) The minimum highway work zone speed limit is 20 miles
per hour. The work zone speed limit must not reduce the
established speed limit on the affected street or highway by
more than 15 miles per hour, except that the highway work zone
speed limit shall must not exceed 40 miles per hour. The
commissioner or local authority shall post the limits of the
work zone. Highway work zone speed limits are effective on
erection of appropriate regulatory speed limit signs. The signs
must be removed or covered when they are not required. A speed
greater than the posted highway work zone speed limit is
unlawful.
(c) Notwithstanding paragraph (b), on divided highways the
commissioner or local authority may establish a highway work
zone speed limit that does not exceed 55 miles per hour.
(c) (d) For purposes of this subdivision, "highway work
zone" means a segment of highway or street where a road
authority or its agent is constructing, reconstructing, or
maintaining the physical structure of the roadway, its
shoulders, or features adjacent to the roadway, including
underground and overhead utilities and highway appurtenances,
when workers are present.
(d) (e) Notwithstanding section 609.0331 or 609.101 or
other law to the contrary, a person who violates a speed limit
established under paragraph (b) or (c), or who violates any
other provision of this section while in a highway work zone, is
assessed an additional surcharge equal to the amount of the fine
imposed for the speed violation, but not less than $25.
Sec. 10. Minnesota Statutes 2000, section 169.825,
subdivision 11, is amended to read:
Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The
limitations provided in this section are increased:
(1) by ten percent from January 1 to March 7 between the
dates set by the commissioner based on a freezing index model
each winter, statewide;
(2) by ten percent from December 1 through December 31
between the dates set by the commissioner based on a freezing
index model each winter, in the zone bounded as follows:
beginning at Pigeon River in the northeast corner of Minnesota;
thence in a southwesterly direction along the north shore of
Lake Superior along trunk highway No. 61 to the junction with
trunk highway No. 210; thence westerly along trunk highway No.
210 to the junction with trunk highway No. 10; thence
northwesterly along trunk highway No. 10 to the Minnesota-North
Dakota border; thence northerly along that border to the
Minnesota-Canadian Border; thence easterly along said Border to
Lake Superior; and
(3) by ten percent from the beginning of harvest to
November 30 each year for the movement of sugar beets and
potatoes within an area having a 75-mile radius from the field
of harvest to the point of the first unloading. The
commissioner shall not issue permits under this clause if to do
so will result in a loss of federal highway funding to the state.
(b) The duration of a ten percent increase in load limits
is subject to limitation by order of the commissioner, subject
to implementation of springtime load restrictions, or March 7.
(c) When the ten percent increase is in effect, a permit is
required for a motor vehicle, trailer, or semitrailer
combination that has a gross weight in excess of 80,000 pounds,
an axle group weight in excess of that prescribed in subdivision
10, or a single axle weight in excess of 20,000 pounds and which
travels on interstate routes.
(d) In cases where gross weights in an amount less than
that set forth in this section are fixed, limited, or restricted
on a highway or bridge by or under another section of this
chapter, the lesser gross weight as fixed, limited, or
restricted may not be exceeded and must control instead of the
gross weights set forth in this section.
(e) Notwithstanding any other provision of this
subdivision, no vehicle may exceed a total gross vehicle weight
of 80,000 pounds on routes which have not been designated by the
commissioner under section 169.832, subdivision 11.
(f) The commissioner may, after determining the ability of
the highway structure and frost condition to support additional
loads, grant a permit extending seasonal increases for vehicles
using portions of routes falling within two miles of the
southern boundary of the zone described under paragraph (a),
clause (2).
Sec. 11. Minnesota Statutes 2000, section 174.02,
subdivision 4, is amended to read:
Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.]
The commissioner may appear as a party on behalf of the public
in any proceeding or matter before the interstate commerce
commission, the civil aeronautics surface transportation board
or any other agency or instrumentality of government which that
regulates public services or rates relating to transportation or
other matters related to the powers and responsibilities of the
commissioner as prescribed by law. The commissioner shall
appear as a party on behalf of the public in proceedings before
the transportation regulation board as provided by law on
matters which that directly relate to the powers and duties of
the commissioner or which substantially affect the statewide
transportation plan. On all other transportation matters the
commissioner may appear before the transportation regulation
board.
Sec. 12. Minnesota Statutes 2000, section 174.02,
subdivision 5, is amended to read:
Subd. 5. [COOPERATION.] To facilitate the development of a
unified and coordinated intrastate and interstate transportation
system:
(1) the commissioner shall maintain close liaison,
coordination and cooperation with the private sectors of
transportation, the upper great lakes seaway development
commission corporation, and any multistate organization involved
in transportation issues affecting the state;
(2) the commissioner shall participate in the planning,
regulation and development of the port authorities of the state;
and
(3) the commissioner or the commissioner's designee shall
be is a nonvoting, ex officio member of the metropolitan
airports commission, as organized and established under sections
473.601 to 473.679.;
(4) the commissioner shall cooperate with all federal
agencies for the purpose of harmonizing state rules and federal
regulations within the state to the extent and in the manner
deemed advisable;
(5) the commissioner may conduct joint hearings with any
federal agency within or outside the state and, to the extent
allowed under federal law or regulation, may approve and
establish freight rates and charges that depart from the
distance principle required by any state law; and
(6) the commissioner may nominate members to any joint
board as provided by federal acts.
Sec. 13. Minnesota Statutes 2000, section 174.10,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The
commissioner in any contested case before the transportation
regulation board that involves a motor carrier or common carrier
by rail as a party shall give reasonable notice to
representatives of associations or other interested groups or
persons who have registered their names with the board
commissioner for that purpose, to all parties and to cities and
municipalities which that the board commissioner deems to be
interested in the proceeding. The commissioner may prescribe an
annual fee to be credited to the general fund, which fee shall
be as a charge to all registered groups or persons. The fee
must be credited to the general fund. This charge is to cover
the out-of-pocket costs involved in giving such providing the
notice.
Sec. 14. Minnesota Statutes 2000, section 174.10,
subdivision 3, is amended to read:
Subd. 3. [PROSECUTION.] In proceedings which that involve
a hearing before the transportation regulation board motor
carrier or common carrier by rail as a party, the matter shall
must be investigated and prosecuted before the board heard by
the commissioner of transportation representing the interests of
the people of this state as authorized by law.
Sec. 15. Minnesota Statutes 2000, section 174.10,
subdivision 4, is amended to read:
Subd. 4. [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in
any proceeding before the transportation regulation board
relating to or involving the reasonableness of rates, fares,
charges, or classifications, the board commissioner decides that
it the department does not have jurisdiction because the traffic
covered by the rates, fares, charges, or classifications is
interstate commerce, the transportation regulation
board commissioner shall issue an order dismissing the
proceeding and stating the ground of the dismissal, which order
may be appealed from in like manner as other appealable orders.
Sec. 16. Minnesota Statutes 2000, section 174A.02,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] Some of
the functions of the transportation regulation board shall be
legislative and commissioner of transportation, related to motor
carriers and common carriers by rail, are quasi-judicial in
nature. It The commissioner may make such investigations and
determinations, hold such hearings, prescribe such rules, and
issue such orders with respect to the control and conduct of the
carrier businesses coming within its the commissioner's
jurisdiction as the legislature itself might make but only as it
shall from time to time authorize authorized by law.
Sec. 17. Minnesota Statutes 2000, section 174A.02,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] (a) To the
extent allowed under federal law or regulation, the board
commissioner shall further hold hearings and issue orders in
cases brought before it by either the commissioner on the
commissioner's own motion or by a third party in the following
areas:
(a) (1) adequacy of services which that carriers are
providing to the public, including the continuation, termination
or modification of services and facilities.;
(b) The (2) reasonableness of tariffs of rates, fares, and
charges, or a part or classification thereof of a tariff; and
(3) issuing permits.
(b) For purposes of paragraph (a), clause (2), the board
commissioner may authorize common carriers by rail and
motor carrier carriers for hire to file tariffs of rates, fares,
and charges individually or by group. Carriers participating in
group rate making have the free and unrestrained right to take
independent action either before or after a determination
arrived at through such that procedure.
(c) The issuing of franchises, permits, or certificates of
convenience and necessity.
Sec. 18. Minnesota Statutes 2000, section 174A.02,
subdivision 4, is amended to read:
Subd. 4. [HEARINGS; NOTICE.] With respect to those matters
within its the commissioner's jurisdiction, the board
commissioner shall receive, hear, and determine all petitions
filed with it the commissioner in accordance with the procedures
established by law and may hold hearings and make determinations
upon its the commissioner's own motion to the same extent, and
in every instance, in which it the commissioner may do so upon
petition. Upon receiving petitions filed pursuant to sections
221.121, subdivision 1, 221.151, 221.296, and 221.55, the board
commissioner 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
commissioner for that purpose and to whomever the board
commissioner deems to be interested in the petition. The board
commissioner may grant or deny the request of the petition 30
days after notice of the filing has been fully given. If
the board commissioner 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 must be granted or denied only
after a contested case hearing has been conducted on the
petition, unless the objection is withdrawn prior to before the
hearing. The board commissioner 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 must be granted, a contested
case hearing on the petition.
Sec. 19. Minnesota Statutes 2000, section 174A.04, is
amended to read:
174A.04 [HEARINGS AND APPEALS.]
Subdivision 1. [HEARINGS.] All hearings related to common
carriers by rail or motor carriers and required to be conducted
by the commissioner of transportation regulation board shall
must be conducted pursuant to sections 14.001 to 14.69.
Subd. 2. [APPEALS.] An appeal from an order of the
commissioner must be in accordance with chapter 14.
Sec. 20. Minnesota Statutes 2000, section 174A.06, is
amended to read:
174A.06 [CONTINUATION OF RULES.]
(a) 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, and
221.151, and 221.296.
(b) The commissioner shall review the transferred rules,
orders, and directives and, when appropriate, develop and adopt
new rules, orders, or directives.
Sec. 21. Minnesota Statutes 2000, section 218.031,
subdivision 2, is amended to read:
Subd. 2. [INFORMATION FURNISHED COMMISSIONER.] Every
common carrier shall furnish to the commissioner:
(1) all schedules of rates, fares and charges, every part
and classification thereof, together with minimum weights and
rules with respect thereto, and any and all amendments,
modifications or changes therein;
(2) all information duly required in blanks and forms
furnished by the commissioner;
(3) a copy of all annual reports and valuation data
furnished to the Interstate Commerce Commission not later than
June 30th, covering the preceding calendar year, together with
any additional information regarding valuation of its properties
requested by the commissioner;
(4) a report of accidents, wrecks, and casualties occurring
in this state in such a manner and form and at such the times
as prescribed by the commissioner. All such reports
administered by the department of public safety shall must be
received and administered in accordance with the provisions of
section 169.09, subdivision 13. All other reports shall be are
open to public inspection but shall are not be admissible in
evidence in any suit or action for damages growing out of such
accident, wreck, or casualty;.
(5) all tariff agreements or arrangements with other
carriers;
(6) all joint schedules of rates, fares or classifications.
Sec. 22. Minnesota Statutes 2000, section 218.041,
subdivision 4, is amended to read:
Subd. 4. [COMMISSIONER DUTIES UPON PETITION.] (a) The
commissioner shall, upon petition:
(1) at all points of intersection and crossings of
different railroads, or where two railroads are not more than
one-half mile apart, and at all terminals, prescribe ample
facilities by track connection, joint use of tracks, freight
platforms and depots, warehouses, docks over which general
merchandise is handled and forwarded, and other necessary
appliances and conveniences for the transfer, forwarding and
handling of general merchandise and parcel freight between such
railroads and between such railroads and such docks, warehouses
and vessels at such docks;
(2) determine the proportionate share of each company in
the cost of providing connecting and transfer facilities in the
event the companies fail to agree;
(3) direct construction, maintenance and operation at any
points prescribed by law of all side tracks and reasonable
facilities connecting any road with any grain warehouse or mill,
dock, wharf, coal yard, quarry, brick or lime kiln, sand or
gravel pit, crushed rock or concrete plant, or manufactory
adjacent thereto, and prescribe the terms therefor;
(4) prescribe reasonable rules for handling property,
passenger, baggage, express and mail, partly over privately
owned rights-of-way and partly over highways, so that reasonable
and adequate accommodations and service may be afforded;
(5) prescribe the extent to which any designated carrier,
upon its petition, may be relieved from the operation of the
principles established by section 218.021, subdivision 1,
clauses (5), (6) and (7);
(6), direct the repair, reconstruction, or replacement of
any inadequate or unsafe trackage, structure or facility.
(b) Upon receipt of a petition for action pursuant to this
subdivision the commissioner shall give notice to all persons
known to it the commissioner to have an interest in the matter
and publish notice of the petition in the State Register. The
commissioner may grant the petition 30 days' after notice has
been fully made. If the commissioner receives a written
objection to the petition from any person within 20 days after
the notice of filing has been fully made, the exemption shall
must be granted or denied only after a contested case hearing
has been held on the matter. The commissioner may elect to hold
a contested case hearing if no objections to the petition or
application are received. If a timely objection is not received
and the commissioner declines to act without a hearing, the
petitioner may request within 30 days of receiving a notice of
denial, and shall must be granted, a contested case hearing on
the application.
Sec. 23. Minnesota Statutes 2000, section 218.041,
subdivision 5, is amended to read:
Subd. 5. [INVESTIGATIVE AND ENFORCEMENT DUTIES.] The
commissioner shall:
(1) investigate and determine whether any common carriers
are granting rebates or, in any other particular, failing to
comply with laws or with orders, rules, or directives of the
commissioner; and
(2) appear and press before the Interstate Commerce
Commission any petition, whether filed by a resident of the
state or otherwise, charging any common carrier doing business
in this state with any violation of the Interstate Commerce Act
of the United States, whenever the department deems the matter
to be one of public interest;
(3) institute and prosecute all actions and proceedings in
the appropriate courts for the enforcement of the provisions of
this chapter,; the orders, rules, and directives of the
commissioner issued thereunder under this chapter; and any
violations thereof.
Sec. 24. Minnesota Statutes 2000, section 218.041,
subdivision 6, is amended to read:
Subd. 6. [INVESTIGATIVE, ADMINISTRATIVE, AND RULEMAKING
POWERS.] In the exercise of powers granted in this chapter, the
commissioner may:
(1) subpoena books, papers, or accounts kept by any
regulated business within or without the state, or compel
production of verified copies;
(2) prepare all forms or blanks for the purpose of
obtaining information which that the commissioner may deem
necessary or useful for the proper exercise of the authority and
duties of the commissioner in connection with regulated
businesses, and prescribe the time and manner within which the
blanks and forms shall must be completed and filed;
(3) inspect, at all reasonable times, and copy the books,
records, memoranda, correspondence, or other documents and
records of any business under the commissioner's
jurisdiction; and
(4) examine, under oath, any officer, agent, or employee of
a business under the commissioner's jurisdiction concerning its
business and affairs; and
(5) prescribe rules, duly promulgated in accordance with
chapter 14, relating to rates, care in handling and other
livestock transportation matters any matter within the
commissioner's jurisdiction.
Sec. 25. Minnesota Statutes 2000, section 219.074,
subdivision 2, is amended to read:
Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1,
1992, and on or before July 1 of each of the next four years,
and as necessary afterward, the commissioner shall develop a
list of grade crossings proposed to be vacated. The list must
be developed by applying the standards set forth in the rules
adopted under section 219.073. Grade crossings that are part of
an abandonment, closing, or removal under section 219.741 may
not be included in the list. The commissioner shall notify the
public officials having the necessary authority and the railway
companies operating the railroads of the proposed vacations.
Either affected party may request a hearing. If requested, the
commissioner shall hold a contested case hearing applying in the
commissioner's determination the rules developed under section
219.073. If after the hearing the commissioner determines that
the vacation is consistent with the standards adopted under
section 219.073, the commissioner may order the crossing
vacated. If a request for a hearing on a particular crossing is
not received within 30 days of the publication in the State
Register, the commissioner shall order the crossing vacated.
Sec. 26. Minnesota Statutes 2000, section 219.402, is
amended to read:
219.402 [ADEQUATE CROSSING PROTECTION.]
Crossing warning devices or improvements installed or
maintained under this chapter as approved by the commissioner or
any predecessor, whether by order or otherwise, are adequate and
appropriate warning for the crossing.
Sec. 27. Minnesota Statutes 2000, section 222.632, is
amended to read:
222.632 [RIGHT OF FIRST REFUSAL.]
A railroad interest that is in bankruptcy proceedings may
not sell or offer for sale an interest in real property that is
within the right-of-way, a railroad interest that is abandoning
a railroad line may not sell or offer for sale an interest in
real property within the right-of-way to be abandoned, and a
nonrailroad lessor may not sell or offer for sale an interest in
real property within the right-of-way with respect to which it
is a nonrailroad lessor, unless it first extends a written offer
to sell that interest at a fair market value price to each
person who is a leaseholder with respect to the property.
Leaseholders must respond to the offer within 60 days of receipt
of the notice and the railroad interest must negotiate in good
faith with an interested leaseholder for a period of 90 days
following the leaseholder's response. After the 90-day
negotiation period, either party may file a notice of dispute
with the commissioner of transportation under section 222.633.
The property may not be sold to a party other than the
leaseholder during the response and negotiation periods or while
a dispute is pending before the commissioner. This section does
not apply to a sale of an entire operating railroad line by one
operating railroad to another for the purpose of operating a
railroad.
Sec. 28. [TRANSFERRING CARRIER REGULATORY
RESPONSIBILITIES.]
(a) Responsibilities, as defined in Minnesota Statutes,
section 15.039, subdivision 1, held by the transportation
regulation board including, but not limited to, responsibilities
relating to administration, regulation, recordkeeping, operating
authority, permitting, rate making, rulemaking, and enforcement
of transportation laws, rules, and regulations relating to motor
carriers and common carriers by rail under Minnesota Statutes,
chapters 218, 219, 221, and 222, are transferred to the
commissioner of the Minnesota department of transportation under
Minnesota Statutes, section 15.039.
(b) The legislative and quasi-judicial functions and powers
conferred on the board under Minnesota Statutes, chapter 174A,
are also transferred to the commissioner.
(c) The position of transportation regulation board member
and the transportation regulation board as previously
constituted are abolished.
Sec. 29. [TRUNK HIGHWAYS DISCONTINUED; REPEALER,
CONTINGENT EFFECTIVE DATE.]
(a) Minnesota Statutes 2000, section 161.115, subdivision
164, is repealed on the date the transfer of jurisdiction of
legislative route No. 233 is agreed to by the commissioner of
transportation and the county of Crow Wing and a copy of the
agreement, signed by the commissioner and the chair of the Crow
Wing county board, has been filed in the office of the
commissioner.
(b) Minnesota Statutes 2000, section 161.115, subdivision
175, is repealed on the date the transfer of jurisdiction of
legislative route No. 244 is agreed to by the commissioner of
transportation and the counties of Ramsey and Washington and a
copy of each agreement, signed by the commissioner and the chair
of the Ramsey county board and the chair of the Washington
county board, as applicable, has been filed in the office of the
commissioner.
(c) Minnesota Statutes 2000, section 161.115, subdivision
236, is repealed on the date the transfer of jurisdiction of
legislative route No. 305 is agreed to by the commissioner of
transportation and the city of Brainerd and a copy of the
agreement, signed by the commissioner and the mayor of the city
of Brainerd, has been filed in the office of the commissioner.
(d) Minnesota Statutes 2000, section 161.115, subdivision
253, is repealed on the date the transfer of jurisdiction of
legislative route No. 322 is agreed to by the commissioner of
transportation and the city of Brainerd and a copy of the
agreement, signed by the commissioner and the mayor of the city
of Brainerd, has been filed in the office of the commissioner.
Sec. 30. [INSTRUCTIONS TO REVISOR.]
(a) Except when used in the phrases to be changed by the
revisor under paragraph (b), the revisor of statutes is directed
to change the word "board" or "board's," or similar term or
phrase, when it refers to the transportation regulation board,
to the term "commissioner," "commissioner's," or "commissioner
of transportation," as appropriate, where it appears in:
(1) Minnesota Statutes, sections 174A.02, subdivision 3;
221.025; 221.101; 221.121, subdivisions 1, 2, 3, 4, 5, 6, and
6a; 221.122, subdivisions 1 and 3; 221.123; 221.151; 221.161,
subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1;
221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291,
subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and
221.55; and
(2) Minnesota Rules, chapters 7800; 8900; 8910; and 8920.
(b) The revisor of statutes is directed to change the
phrases "board or commissioner," "commissioner or board," "board
or the commissioner," "commissioner or the board," "commissioner
and the board," "commissioner and board," "board and the
commissioner," "board and commissioner," "department and board,"
"board or department," and "board and the department," when the
word "board" refers to the transportation regulation board, to
the term "commissioner," or "commissioner of transportation," as
appropriate, where it appears in:
(1) Minnesota Statutes, sections 221.011, subdivision 15;
221.031, subdivision 5; 221.121, subdivisions 1 and 5; 221.122,
subdivision 1; 221.151, subdivision 2; 221.221, subdivisions 1
and 3; 221.261; 221.271; 221.291, subdivisions 1 and 3; 221.293;
221.295; 221.296, subdivisions 3 and 4; and 221.68; and
(2) Minnesota Rules, chapter 8850.
(c) Except when amended accordingly in this act, the
revisor of statutes is directed to change the words
"transportation regulation board" to "commissioner of
transportation" wherever they appear in Minnesota Statutes and
Minnesota Rules.
(d) In Minnesota Statutes, the revisor of statutes shall
renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and
174A.06 as 174.66.
(e) In Minnesota Rules, chapters 7800 and 8830, the revisor
of statutes shall change the term "commission" to "commissioner
of transportation" or "commissioner," as appropriate.
(f) The revisor of statutes shall change the description of
the route identified in section 2 in the next publication of
Minnesota Statutes unless the commissioner of transportation
informs the revisor that the conditions required to modify the
route were not satisfied.
(g) The revisor of statutes shall change the description of
each route identified in sections 3 and 4 in the next
publication of Minnesota Statutes unless the commissioner of
transportation informs the revisor that the conditions required
to modify a particular route were not satisfied.
(h) The revisor of statutes shall delete each route
identified in section 29 in the next publication of Minnesota
Statutes unless the commissioner of transportation informs the
revisor that the conditions required to transfer the routes were
not satisfied.
(i) The revisor of statutes shall make other changes in
chapter titles; section, subdivision, part, and subpart
headnotes; and in other terminology necessary as a result of the
enactment of this act.
Sec. 31. [REPEALER.]
Minnesota Statutes 2000, sections 174A.01; 174A.02,
subdivision 5; 174A.03; 174A.05; 219.558; 219.559; 219.56;
219.681; 219.69; 219.691; 219.692; 219.695; 219.70; 219.71;
219.741; 219.743; 219.751; 219.755; 219.85; 219.88; 219.97,
subdivisions 6, 7, and 10; and 222.633, are repealed.
Presented to the governor May 25, 2001
Signed by the governor May 29, 2001, 11:29 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes