Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 364-S.F.No. 3298
An act relating to transportation; modifying
reimbursement for expenses of displaced business
following condemnation; regulating certain operations
of diesel school buses; requiring commissioner of
transportation to utilize agriculture-based de-icing
solutions; allowing commissioner to acquire land to
preserve highway corridors; allowing advance funding
for trunk highway projects; modifying provisions
governing road inspections, first hauls, and weight
allowances for commercial motor vehicles; requiring
that USDOT numbers be reported to registrar of motor
vehicles; allowing limited use of highway shoulders by
buses and vanpools; regulating motorcycle parking;
modifying motor carrier provisions to reduce certain
regulatory obligations; increasing limit for funds
that may be transferred from state airports fund to
hangar construction revolving account; modifying
budget reduction of department of transportation
construction district 1; removing sunset provision
relating to determining city populations for state-aid
street purposes; exempting certain
transportation-related contracts from moratorium on
state contracts for professional or technical
services; requiring commissioner to retain Stillwater
Bridge project in transportation improvement program;
requiring commissioner to prepare new signal agreement
in city of Anoka; providing for resolution of dispute
relating to Camp Coldwater Springs; establishing
highway corridor-protection demonstration project;
exempting certain federal funds from statutory
matching requirements; requiring issuance of permit
for bikeway in Chanhassen; creating technical advisory
group to streamline environmental review process;
providing for joint venture for highway rest area
between Brainerd and Little Falls; making clarifying
changes; providing for fees; requiring reports;
amending Minnesota Statutes 2000, sections 161.20,
subdivision 2; 161.361; 168.011, subdivision 17;
168.013, subdivision 3; 169.771, subdivisions 2, 3;
169.85, subdivisions 1, 2; 169.851, subdivision 3;
169.86, subdivision 5; 169.974, subdivision 5;
221.0252, subdivision 3; 221.0314, by adding a
subdivision; 221.0355, subdivisions 2, 3; 221.221,
subdivision 4; 221.605, subdivision 1; 360.305,
subdivision 4; Minnesota Statutes 2001 Supplement,
sections 117.51; 161.162, subdivision 2; 169.825,
subdivision 11; 221.221, subdivision 2; Laws 2001,
First Special Session chapter 8, article 1, section 8;
Laws 2001, First Special Session chapter 8, article 2,
section 6; Laws 2002, chapter 220, article 10, section
37; proposing coding for new law in Minnesota
Statutes, chapters 123B; 161; 168; 169; 171; repealing
Minnesota Statutes 2000, section 221.0313; Minnesota
Statutes 2001 Supplement, section 161.362.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2001 Supplement, section
117.51, is amended to read:
117.51 [COOPERATION WITH FEDERAL AUTHORITIES.]
In all acquisitions undertaken by any acquiring authority
and in all voluntary rehabilitation carried out by a person
pursuant to acquisition or as a consequence thereof, the
acquiring authority shall cooperate to the fullest extent with
federal departments and agencies, and it shall take all
necessary action in order to insure, to the maximum extent
possible, federal financial participation in any and all phases
of acquisition, including the provision of relocation
assistance, services, payments and benefits to displaced
persons. An acquiring authority may consider reimbursing up to
$50,000 in relocation or reestablishment expenses of a displaced
business.
Sec. 2. [123B.885] [DIESEL SCHOOL BUSES; OPERATION OF
ENGINE; PARKING.]
Subdivision 1. [OPERATION OF ENGINE.] All operators of
diesel school buses must minimize, to the extent practical, the
idling of school bus engines and exposure of children to diesel
exhaust fumes.
Subd. 2. [PARKING.] On and after July 1, 2003, diesel
school buses must be parked and loaded at sufficient distance
from school air-intake systems to avoid diesel fumes from being
drawn into the systems, unless, in the judgment of the school
board, alternative locations block traffic, impair student
safety, or are not cost effective.
Sec. 3. Minnesota Statutes 2001 Supplement, section
161.162, subdivision 2, is amended to read:
Subd. 2. [FINAL LAYOUT.] (a) "Final layout" means
geometric layouts and supplemental drawings that show the
location, character, dimensions, access, and explanatory
information about the highway construction or improvement work
being proposed. "Final layout" includes, where applicable,
traffic lanes, shoulders, trails, intersections, signals,
bridges, approximate right-of-way limits, existing ground line
and proposed grade line of the highway, turn lanes, access
points and closures, sidewalks, speed zones proposed design
speed, noise walls, transit considerations, auxiliary lanes,
interchange locations, interchange types, sensitive areas,
existing right-of-way, traffic volume and turning movements,
location of stormwater drainage, location of municipal
utilities, project schedule and estimated cost, and the name of
the project manager.
(b) "Final layout" does not include a cost participation
agreement. For purposes of this subdivision "cost participation
agreement" means a document signed by the commissioner and the
governing body of a municipality that states the costs of a
highway construction project that will be paid by the
municipality.
Sec. 4. [161.168] [SNOW AND ICE CONTROL MATERIALS.]
Subdivision 1. [USE OF AGRICULTURE-BASED DE-ICING
SOLUTION.] The commissioner of transportation shall use a
de-icing solution derived from agricultural products for snow
and ice control on trunk highways to the extent that the
commissioner determines is economically feasible,
environmentally beneficial, and consistent with public safety.
Subd. 2. [EFFECT ON ENVIRONMENT.] The commissioner, in
determining which snow and ice control materials to use on trunk
highways, shall consider the effect of each type of material on
the environment and on the deterioration of bridges and other
structures.
Sec. 5. Minnesota Statutes 2000, section 161.20,
subdivision 2, is amended to read:
Subd. 2. [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION
OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The
commissioner is authorized to acquire by purchase, gift, or by
eminent domain proceedings as provided by law, in fee or such
lesser estate as the commissioner deems necessary, all lands and
properties necessary in preserving future trunk highway
corridors or in laying out, constructing, maintaining, and
improving the trunk highway system including recreational
vehicle lanes; to locate, construct, reconstruct, improve, and
maintain the trunk highway system; to purchase all road
material, machinery, tools, and supplies necessary for the
construction, maintenance, and improvement thereof; to construct
necessary buildings, or rent or acquire by purchase, gift, or
condemnation, grounds, and buildings necessary for the storing
and housing of such material, machinery, tools, and supplies or
necessary for office space for employees or for providing for
driver's license examinations; to maintain, repair, or remodel
such buildings as may be necessary; to acquire by purchase,
gift, or condemnation, replacement sites for historically
significant buildings or structures and to relocate these
buildings or structures onto those sites, reconstructing and
maintaining them until disposed of through public sale to the
highest responsible bidder; to make agreements with any county
for the relocation or reestablishment, by the county, of
section, quarter section, or meander corners originally
established by the United States, when such relocation or
reestablishment is necessary in order to write land acquisition
descriptions or by reason of the construction, reconstruction,
improvement, or maintenance of a trunk highway; to contract on
an equitable basis with railroad companies for the installation
and reinstallation of safety devices at trunk highway-railroad
grade crossings, and for the construction, reconstruction and
maintenance of bridges and approaches existing or necessary for
the separation of grades at railroad and trunk highway
intersections; and in carrying out duties, to let all necessary
contracts in the manner prescribed by law. The commissioner may
make agreements with and cooperate with any governmental
authority for the purpose of effectuating the provisions of this
chapter.
Sec. 6. Minnesota Statutes 2000, section 161.361, is
amended to read:
161.361 [ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS.]
Subdivision 1. [ADVANCE FUNDING.] A road authority other
than the commissioner may by agreement with the commissioner
make advances from any available funds to the commissioner to
expedite construction of all or part of a trunk highway. Money
may be advanced under this section only for projects already
included in the commissioner's ten-year highway work
program. The total amount of annual repayment to road
authorities under this subdivision must never exceed $10,000,000.
Subd. 1a. [INTERREGIONAL CORRIDORS.] By agreement with the
commissioner, a road authority other than the commissioner or
two or more road authorities that have entered into a joint
powers agreement under section 471.59 may make advances from any
available funds to the commissioner to expedite development of
an interregional transportation corridor, including funds for
design consultants, for right-of-way purchases, for
construction, or for other related expenditures. The total
amount of annual repayment to road authorities under this
subdivision must never exceed $10,000,000.
Subd. 1b. [BOTTLENECKS.] By agreement with the
commissioner, a road authority other than the commissioner or
two or more road authorities that have entered into a joint
powers agreement under section 471.59 may make advances from any
available funds to the commissioner to expedite bottleneck
reduction, including funds for design consultants, for
right-of-way purchases, for construction, or for other related
expenditures. The total amount of annual repayment to road
authorities under this subdivision must never exceed $10,000,000.
Subd. 2. [REPAYMENT.] Subject to the availability of state
money, the commissioner shall repay without interest the
amount amounts advanced under subdivision 1 this section, up to
the state's share of project costs, at the time the project is
scheduled for completion in the highway work program. The total
amount of annual repayment to road authorities under this
section must never exceed the amount stated in the department's
debt management policy or $10,000,000, whichever is less under
terms of the agreement. The agreement may provide for payment
of interest for funds advanced under subdivisions 1a and 1b. The
maximum interest rate that may be paid is the rate earned by the
state on invested treasurer's cash for the month before the date
the agreement is executed or the actual interest paid by the
road authority in borrowing for the amount advanced, whichever
rate is less.
Sec. 7. Minnesota Statutes 2000, section 168.011,
subdivision 17, is amended to read:
Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single
unit trucks, truck-tractors, tractors, semitrailers, and
trailers used by the owner thereof to transport agricultural,
horticultural, dairy, and other farm products, including
livestock, produced or finished by the owner of the truck, and
any other personal property owned by the farmer to whom the
license for the truck is issued, from the farm to market, and to
transport property and supplies to the farm of the owner.
Trucks, truck-tractors, tractors, semitrailers, and trailers
registered as "farm trucks" may be used by the owner thereof to
occasionally transport unprocessed and raw farm products, not
produced by the owner of the truck, from the place of production
to market when the transportation constitutes the first haul of
the products, and may be used by the owner thereof, either
farmer or logger who harvests and hauls forest products only, to
transport logs, pulpwood, lumber, chips, railroad ties and other
raw and unfinished forest products from the place of production
to an intermediate or final assembly point or transfer yard or
railhead when the transportation constitutes, which
transportation may be continued by another farm truck to a place
for final processing or manufacture located within 200 miles of
the place of production and all of which is deemed to constitute
the first haul thereof, of unfinished wood products; provided
that the owner and operator of the vehicle transporting planed
lumber shall have in immediate possession a statement signed by
the producer of the lumber designating the governmental
subdivision, section, and township where the lumber was produced
and that this haul, indicating the date, is the first haul
thereof. The licensed vehicles may also be used by the owner
thereof to transport, to and from timber-harvesting areas,
equipment and appurtenances incidental to timber harvesting, and
gravel and other road-building materials for timber haul roads.
(b) "Farm trucks" shall also include only single unit
trucks, which that, because of their construction, cannot be
used for any other purpose and are used exclusively to transport
milk and cream en route from a farm to an assembly point or
place for final manufacture, and for transporting milk and cream
from an assembly point to a place for final processing or
manufacture. This section shall not be construed to mean that
the owner or operator of the truck cannot carry on usual
accommodation services for patrons on regular return trips, such
as butter, cream, cheese, and other dairy supplies.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2000, section 168.013,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on
gross weight shall state the unloaded weight of the motor
vehicle, trailer, or semitrailer and the maximum load the
applicant proposes to carry thereon, the sum of which shall
constitute the gross weight upon which the license tax shall be
paid, but in no case shall the declared gross weight upon which
the tax is paid be less than 1-1/4 times the declared unloaded
weight of the motor vehicle, trailer, or semitrailer to be
registered, except recreational vehicles taxed under subdivision
1g, school buses taxed under subdivision 18, and tow trucks or
towing vehicles defined in section 169.01, subdivision 52. The
gross weight of a tow truck or towing vehicle is the actual
weight of the tow truck or towing vehicle fully equipped, but
does not include the weight of a wrecked or disabled vehicle
towed or drawn by the tow truck or towing vehicle.
(b) The gross weight of no a motor vehicle, trailer, or
semitrailer shall not exceed the gross weight upon which the
license tax has been paid by more than four percent or 1,000
pounds, whichever is greater; provided that, a vehicle
transporting unfinished forest products in accordance with
paragraph (d)(3) shall not exceed its gross vehicle weight upon
which the license tax has been paid, or gross axle weight on any
axle, by more than five percent and, notwithstanding other law
to the contrary, is not subject to any fee, fine, or other
assessment or penalty for exceeding a gross vehicle or axle
weight by up to five percent.
(c) The gross weight of the motor vehicle, trailer, or
semitrailer for which the license tax is paid shall be indicated
by a distinctive character on the license plate or plates except
as provided in subdivision 12 and the plate or plates shall be
kept clean and clearly visible at all times.
(d) The owner, driver, or user of a motor vehicle, trailer,
or semitrailer, upon conviction for transporting a gross weight
in excess of the gross weight for which it was registered or for
operating a vehicle with an axle weight exceeding the maximum
lawful axle load weight, shall be guilty of a misdemeanor and be
subject to increased registration or reregistration according to
the following schedule:
(1) The owner, driver, or user of a motor vehicle, trailer,
or semitrailer, upon conviction for transporting a gross weight
in excess of the gross weight for which it is registered by more
than four percent or 1,000 pounds, whichever is greater, the
allowance set forth in paragraph (b) but less than 25 percent or
for operating or using a motor vehicle, trailer, or semitrailer
with an axle weight exceeding the maximum lawful axle load as
provided in section 169.825 by more than four percent or 1,000
pounds, whichever is greater, the allowance set forth in
paragraph (b) but less than 25 percent, in addition to any
penalty imposed for the misdemeanor shall apply to the registrar
to increase the authorized gross weight to be carried on the
vehicle to a weight equal to or greater than the gross weight
the owner, driver, or user was convicted of carrying, the
increase computed for the balance of the calendar year on the
basis of 1/12 of the annual tax for each month remaining in the
calendar year beginning with the first day of the month in which
the violation occurred. If the additional registration tax
computed upon that weight, plus the tax already paid, amounts to
more than the regular tax for the maximum gross weight permitted
for the vehicle under section 169.825, that additional amount
shall nevertheless be paid into the highway fund, but the
additional tax thus paid shall not permit the vehicle to be
operated with a gross weight in excess of the maximum legal
weight as provided by section 169.825. Unless the owner within
30 days after a conviction shall apply to increase the
authorized weight and pay the additional tax as provided in this
section, the registrar shall revoke the registration on the
vehicle and demand the return of the registration card and
plates issued on that registration.
(2) The owner or driver or user of a motor vehicle,
trailer, or semitrailer upon conviction for transporting a gross
weight in excess of the gross weight for which the motor
vehicle, trailer, or semitrailer was registered by 25 percent or
more, or for operating or using a vehicle or trailer with an
axle weight exceeding the maximum lawful axle load as provided
in section 169.825 by 25 percent or more, in addition to any
penalty imposed for the misdemeanor, shall have the reciprocity
privileges on the vehicle involved if the vehicle is being
operated under reciprocity canceled by the registrar, or if the
vehicle is not being operated under reciprocity, the certificate
of registration on the vehicle operated shall be canceled by the
registrar and the registrar shall demand the return of the
registration certificate and registration plates. The registrar
may not cancel the registration or reciprocity privileges for
any vehicle found in violation of seasonal load restrictions
imposed under section 169.87 unless the axle weight exceeds the
year-round weight limit for the highway on which the violation
occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why
all future operating privileges in the state should not be
revoked unless the additional tax assessed is paid.
(3) Clause (1) does not apply to the first haul of
unprocessed or raw farm products or unfinished forest products,
when the registered gross weight is not exceeded by more than
ten percent. For purposes of this clause, "first haul" means
(i) the first, continuous transportation of unprocessed or raw
farm products from the place of production or on-farm storage
site to any other location within 50 miles of the place of
production or on-farm storage site, or (ii) the first,
continuous or noncontinuous transportation of unfinished forest
products from the place of production to the place of first
unloading final processing or manufacture located within 200
miles of the place of production.
(4) When the registration on a motor vehicle, trailer, or
semitrailer is revoked by the registrar according to provisions
of this section, the vehicle shall not be operated on the
highways of the state until it is registered or reregistered, as
the case may be, and new plates issued, and the registration fee
shall be the annual tax for the total gross weight of the
vehicle at the time of violation. The reregistration pursuant
to this subdivision of any vehicle operating under reciprocity
agreements pursuant to section 168.181 or 168.187 shall be at
the full annual registration fee without regard to the
percentage of vehicle miles traveled in this state.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. [168.185] [USDOT NUMBERS.]
(a) An owner of a truck or truck tractor having a gross
vehicle weight of more than 10,000 pounds, as defined in section
169.01, subdivision 46, other than a farm truck, shall report to
the registrar at the time of registration its USDOT carrier
number. A person subject to this paragraph who does not have a
USDOT number shall apply for the number at the time of
registration by completing a form MCS-150 Motor Carrier
Identification Report, issued by the Federal Motor Carrier
Safety Administration, or comparable document as determined by
the registrar.
(b) Assigned USDOT numbers need not be displayed on the
outside of the vehicle, but must be made available upon request
of an authorized agent of the registrar, peace officer, other
employees of the state patrol authorized in chapter 299D, or
employees of the Minnesota department of transportation. The
vehicle owner shall notify the registrar if there is a change to
the owner's USDOT number.
(c) If an owner fails to report or apply for a USDOT
number, the registrar shall suspend the owner's registration.
(d) Until October 1, 2003, paragraphs (a) to (c) do not
apply to an agricultural fertilizer or agricultural chemical
retailer while exclusively engaged in delivering fertilizer or
agricultural chemicals to a farmer for on-farm use.
Sec. 10. [169.306] [USE OF SHOULDERS BY BUSES.]
If the commissioner of transportation permits the use by
transit buses of a shoulder of a freeway or expressway, as
defined in section 160.02, in the seven-county metropolitan
area, the commissioner shall permit the use on that shoulder of
a bus with a seating capacity of 40 passengers or more operated
by a motor carrier of passengers, as defined in section 221.011,
subdivision 48, while operating in intrastate commerce.
Buses authorized to use the shoulder under this section may
be operated on the shoulder only when main line traffic speeds
are less than 35 miles per hour. Drivers of buses being
operated on the shoulder, may not exceed the speed of main line
traffic by more than 15 miles per hour and may never exceed 35
miles per hour. Drivers of buses being operated on the shoulder
must yield to merging, entering, and exiting traffic and must
yield to other vehicles on the shoulder. Buses operated on the
shoulder must be registered with the department of
transportation.
Sec. 11. Minnesota Statutes 2000, section 169.771,
subdivision 2, is amended to read:
Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The
commissioner of public safety is directed to accelerate spot
check inspections for unsafe motor vehicles and motor vehicle
equipment. Such inspections shall be conducted by the personnel
of the state patrol who shall give the operator of a commercial
motor vehicle a signed and dated document as evidence of the
inspection.
(b) However, personnel of the state patrol may not conduct
another spot inspection of a commercial motor vehicle if (1) the
operator of the vehicle can show evidence of an inspection,
which is free of critical defects, conducted in Minnesota
according to this section within the previous 90 days and (2) a
state trooper does not have probable cause to believe the
vehicle or its equipment is unsafe or that the operator has
engaged in illegal activity. In addition, if the operator shows
the state trooper evidence that the commercial motor vehicle has
been inspected within the previous 90 days, but the officer has
probable cause to believe the vehicle or its equipment is unsafe
or to suspect illegal activity, then the vehicle may be
inspected to confirm the existence or absence of an unsafe
condition or of the suspected illegal activity.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 12. Minnesota Statutes 2000, section 169.771,
subdivision 3, is amended to read:
Subd. 3. [RULES.] The commissioner of public safety may
establish such reasonable rules as are necessary to carry out
the provisions of this section, but all spot check inspections
shall be held in compliance with subdivision 2 and in such a
manner that the motor vehicle operators, either private or
commercial, shall not be unnecessarily inconvenienced either by
extended detours, unnecessary delays, or any other unreasonable
cause.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 13. Minnesota Statutes 2001 Supplement, 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 between the dates set by the
commissioner based on a freezing index model each winter,
statewide;
(2) by ten percent 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 northeastern city limits of Duluth; thence
along the eastern and southern city limits of Duluth 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, carrots,
and potatoes from the field of harvest to the point of the first
unloading. Transfer of the product from a farm vehicle or small
farm trailer, within the meaning of chapter 168, to another
vehicle is not considered to be 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.
(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. 14. Minnesota Statutes 2000, section 169.85,
subdivision 1, is amended to read:
Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The
driver of a vehicle which that has been lawfully stopped may be
required by an officer to submit the vehicle and load to a
weighing by means of portable or stationary scales, and.
(b) In addition, the officer may require that the vehicle
be driven to the nearest available scales, but only if:
(1) the distance to the scales is no further than five
miles, or if the distance from the point where the vehicle is
stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest
available scales; and
(2) if the vehicle is a commercial motor vehicle, no more
than two other commercial motor vehicles are waiting to be
inspected at the scale.
(c) Official traffic control devices as authorized by
section 169.06 may be used to direct the driver to the nearest
scale.
(d) When a truck weight enforcement operation is conducted
by means of portable or stationary scales and signs giving
notice of the operation are posted within the highway
right-of-way and adjacent to the roadway within two miles of the
operation, the driver of a truck or combination of vehicles
registered for or weighing in excess of 12,000 pounds shall
proceed to the scale site and submit the vehicle to weighing and
inspection.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. Minnesota Statutes 2000, section 169.85,
subdivision 2, is amended to read:
Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and
load, as provided in this section, an officer may require the
driver to stop the vehicle in a suitable place and remain
standing until a portion of the load is removed that is
sufficient to reduce the gross weight of the vehicle to the
limit permitted under either section 168.013, subdivision 3,
paragraph (b), or 169.825, whichever is the lesser violation, if
any. A suitable place is a location where loading or tampering
with the load is not prohibited by federal, state, or local law,
rule, or ordinance.
(b) Except as provided in paragraph (c), a driver may be
required to unload a vehicle only if the weighing officer
determines that (a) (1) on routes subject to the provisions of
section 169.825, the weight on an axle exceeds the lawful gross
weight prescribed by section 169.825, by 2,000 pounds or more,
or the weight on a group of two or more consecutive axles in
cases where the distance between the centers of the first and
last axles of the group under consideration is ten feet or less
exceeds the lawful gross weight prescribed by section 169.825,
by 4,000 pounds or more; or (b) (2) on routes designated by the
commissioner in section 169.832, subdivision 11, the overall
weight of the vehicle or the weight on an axle or group of
consecutive axles exceeds the maximum lawful gross weights
prescribed by section 169.825; or (c) (3) the weight is unlawful
on an axle or group of consecutive axles on a road restricted in
accordance with section 169.87. Material unloaded must be cared
for by the owner or driver of the vehicle at the risk of the
owner or driver.
(c) If the gross weight of the vehicle does not exceed the
vehicle's registered gross weight plus the weight allowance set
forth in section 168.013, subdivision 3, paragraph (b), then the
vehicle is deemed to be not in violation under paragraph (b).
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. Minnesota Statutes 2000, section 169.851,
subdivision 3, is amended to read:
Subd. 3. [FIRST HAUL.] "First haul" means the first,
continuous transportation from the place of production or on
farm storage site to any other location within 50 miles of the
place of production or on farm storage site has the meaning
given it in section 168.013, subdivision 3, paragraph (d)(3).
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. Minnesota Statutes 2000, section 169.86,
subdivision 5, is amended to read:
Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized
under section 169.825, subdivision 11, paragraph (a), clause
(3);
(4) special pulpwood vehicles described in section 169.863;
and
(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width; and
(6) noncommercial transportation of a boat by the owner or
user of the boat.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);
(5) double-deck buses;
(6) commercial boat hauling.
(e) For vehicles which have axle weights exceeding the
weight limitations of section 169.825, an additional cost added
to the fees listed above. However, this paragraph applies to
any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20
The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.825, subdivision 14, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:
(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;
(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;
(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;
(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and
(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.
A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. Minnesota Statutes 2000, section 169.974,
subdivision 5, is amended to read:
Subd. 5. [DRIVING RULES.] (a) An operator of a motorcycle
shall ride only upon a permanent and regular seat which is
attached to the vehicle for that purpose. No other person shall
ride on a motorcycle; except that passengers may ride upon a
permanent and regular operator's seat if designed for two
persons, or upon additional seats attached to the vehicle to the
rear of the operator's seat, or in a sidecar attached to the
vehicle; provided, however, that the operator of a motorcycle
shall not carry passengers in a number in excess of the designed
capacity of the motorcycle or sidecar attached to it. No
passenger shall be carried in a position that will interfere
with the safe operation of the motorcycle or the view of the
operator.
(b) No person shall ride upon a motorcycle as a passenger
unless, when sitting astride the seat, the person can reach the
foot rests with both feet.
(c) No person, except passengers of sidecars or drivers and
passengers of three-wheeled motorcycles, shall operate or ride
upon a motorcycle except while sitting astride the seat, facing
forward, with one leg on either side of the motorcycle.
(d) No person shall operate a motorcycle while carrying
animals, packages, bundles, or other cargo which prevent the
person from keeping both hands on the handlebars.
(e) No person shall operate a motorcycle between lanes of
moving or stationary vehicles headed in the same direction, nor
shall any person drive a motorcycle abreast of or overtake or
pass another vehicle within the same traffic lane, except that
motorcycles may, with the consent of both drivers, be operated
not more than two abreast in a single traffic lane.
(f) Motor vehicles including motorcycles are entitled to
the full use of a traffic lane and no motor vehicle may be
driven or operated in a manner so as to deprive a motorcycle of
the full use of a traffic lane.
(g) A person operating a motorcycle upon a roadway must be
granted the rights and is subject to the duties applicable to a
motor vehicle as provided by law, except as to those provisions
which by their nature can have no application.
(h) Paragraph (e) of this subdivision does not apply to
police officers in the performance of their official duties.
(i) No person shall operate a motorcycle on a street or
highway unless the headlight or headlights are lighted at all
times the motorcycle is so operated.
(j) A person parking a motorcycle on the roadway of a
street or highway must:
(1) if parking in a marked parking space, park the
motorcycle completely within the marked space; and
(2) park the motorcycle in such a way that the front of the
motorcycle is pointed or angled toward the nearest lane of
traffic to the extent practicable and necessary to allow the
operator to (i) view any traffic in both directions of the
street or highway without having to move the motorcycle into a
lane of traffic and without losing balance or control of the
motorcycle, and (ii) ride the motorcycle forward and directly
into a lane of traffic when the lane is sufficiently clear of
traffic.
Sec. 19. [171.3216] [ACTIONS ON SCHOOL BUS ENDORSEMENT.]
In addition to any authority granted under section
171.3215, the commissioner may cancel a school bus driver's
endorsement on a driver's license of any person if the
commissioner determines that the person has (1) been convicted
of a gross misdemeanor that the commissioner determines shows
evidence that the person represents a risk to public safety, or
(2) been convicted of a series of violations of law that the
commissioner determines shows evidence that the person
represents a risk to public safety. Upon canceling the
offender's school bus driver endorsement, the commissioner shall
immediately notify the offender of the cancellation in writing,
by depositing in the United States Post Office a notice, with
postage prepaid, to the offender addressed to the offender's
last known address.
Sec. 20. Minnesota Statutes 2000, section 221.0252,
subdivision 3, is amended to read:
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 or an inspector certified by
the commissioner of public safety under section 169.781;
(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 made 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) To streamline the audit process and to reduce the
regulatory burden on carriers, the commissioner may reduce the
number of vehicle inspections and records audited under
paragraph (a) if the commissioner has sufficient information
from federal and state motor carrier safety data about a
carrier's operations to determine a carrier's safety fitness as
described in Code of Federal Regulations, title 49, section
385.7. At a minimum, the commissioner must conduct the record
audit in paragraph (a) once in four years.
(c) 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.
Sec. 21. Minnesota Statutes 2000, section 221.0314, is
amended by adding a subdivision to read:
Subd. 3b. [FEDERAL WAIVER, EXEMPTION.] Notwithstanding
subdivisions 3 and 3a, a Minnesota intrastate waiver is not
required in Minnesota intrastate commerce if that person holds a
valid interstate waiver or comparable document for physical
qualifications described in Code of Federal Regulations, title
49, section 391.41.
Sec. 22. Minnesota Statutes 2000, section 221.0355,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following words and phrases have the meanings given them in this
subdivision:
(a) "Base state" means the state selected by a carrier
according to the procedures established by the uniform program.
(b) "Base state agreement" means the agreement between
participating states electing to register or permit carriers of
hazardous material or hazardous waste.
(c) "Carrier" means a person who operates a motor vehicle
used to transport hazardous material or hazardous waste.
(d) "Designated hazardous material" means a hazardous
material described in Code of Federal Regulations, title 49,
section 107.601, which is incorporated by reference.
(e) "Hazardous material" means:
(1) a hazardous material when the hazardous material is of
a type or in a quantity that requires the transport vehicle to
be placarded in accordance with Code of Federal Regulations,
title 49, part 172; or
(2) a hazardous substance or marine pollutant when
transported in bulk packaging as defined in Code of Federal
Regulations, title 49, section 171.8, which is incorporated by
reference.
(f) "Hazardous material transportation" means the
transportation of hazardous material or hazardous waste, or
both, on the public highways.
(g) "Hazardous waste" means hazardous waste of a type and
amount that requires the shipment to be accompanied by a uniform
hazardous waste manifest described in Code of Federal
Regulations, title 40, part 262, including state-designated
hazardous wastes when a list of state-designated hazardous
wastes has been filed by the state with the national repository
under the uniform program.
(h) "Participating state" means a state electing to
participate in the uniform program by entering a base state
agreement.
(i) "Person" means an individual, firm, copartnership,
cooperative, company, association, limited liability company,
corporation, or public entity.
(j) "Public entity" means a carrier who is a federal or
state agency or political subdivision.
(k) "Shipper" means a person who offers a designated
hazardous material to another person for shipment or who causes
a designated hazardous material to be transported or shipped by
another person.
(l) "Uniform application" means the uniform motor carrier
registration and permit application form established under the
uniform program.
(m) "Uniform program" means the Uniform State Hazardous
Materials Transportation Motor Carrier Registration and Permit
Program established in the report submitted to the secretary of
transportation pursuant to the "Hazardous Materials
Transportation Uniform Safety Act of 1990," United States Code,
title 49 appendix, section 1819, subsection (c).
Sec. 23. Minnesota Statutes 2000, section 221.0355,
subdivision 3, is amended to read:
Subd. 3. [GENERAL REQUIREMENTS.] Except as provided in
subdivision 17, after October 1, 1994:
(a) No carrier, other than a public entity, may transport a
hazardous material by motor vehicle in Minnesota unless it has
complied with subdivision 4.
(b) No carrier, other than a public entity, may transport a
hazardous waste in Minnesota unless it has complied with
subdivisions 4 and 5.
(c) No shipper may offer a designated hazardous material
for shipment or cause a designated hazardous material to be
transported or shipped in Minnesota unless it has complied with
subdivision 7.
(d) No carrier, other than a public entity, may transport a
designated hazardous material by rail or water in Minnesota
unless it has complied with subdivision 7a.
(e) No public entity may transport a hazardous material or
hazardous waste by motor vehicle in Minnesota unless it has
complied with subdivision 8.
(f) A carrier registered under this section, who
exclusively offers designated materials for shipment only in
vehicles controlled or operated by that carrier and who does not
offer hazardous materials to other private or for-hire carriers,
is not required to register as a shipper under subdivision 7.
Sec. 24. Minnesota Statutes 2001 Supplement, section
221.221, subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT POWERS.] Transportation program
specialists and hazardous material program specialists of the
department, for the purpose of enforcing the provisions of (1)
this chapter, sections 169.781 to 169.783 relating to commercial
vehicle inspections, and section 296A.27, subdivisions 6 and 12,
relating to motor carrier licenses and trip permits, (2) Code of
Federal Regulations, title 49, parts 40 and 382, and (3) the
applicable rules, orders, or directives of the commissioner of
transportation and the commissioner of revenue, issued under
this chapter and chapter 296A, but for no other purpose, have
the powers conferred by law upon police officers. The powers
include the authority to conduct inspections at designated
highway weigh stations or under other appropriate circumstances.
Sec. 25. Minnesota Statutes 2000, section 221.221,
subdivision 4, is amended to read:
Subd. 4. [DOCUMENT INSPECTION.] Records, log books,
certificates, licenses, shipping documents, or other papers or
documents required to determine compliance with this
chapter and, rules adopted under this chapter, and Code of
Federal Regulations, title 49, parts 40 and 382, must be
presented for inspection, upon request, to a peace officer or
police officer or other person empowered to enforce the
provisions of this chapter.
Sec. 26. Minnesota Statutes 2000, section 221.605,
subdivision 1, is amended to read:
Subdivision 1. [FEDERAL REGULATIONS.] (a) Interstate
carriers and private carriers engaged in interstate commerce
shall comply with the federal motor carrier safety regulations,
in Code of Federal Regulations, title 49, parts 40, 382, 387,
and 390 to through 398; with Code of Federal Regulations, title
49, part 40; and with the rules of the commissioner concerning
inspections, vehicle and driver out-of-service restrictions and
requirements, and vehicle, driver, and equipment checklists.
For purposes of regulating commercial motor vehicles as defined
in section 169.781, subdivision 1, the exemption provided in
Code of Federal Regulations, title 49, section 396.11, paragraph
(d), applies in Minnesota only to driveaway-towaway operations.
(b) An interstate carrier or private carrier engaged in
interstate commerce who complies with federal regulations
governing testing for controlled substances and alcohol is
exempt from the requirements of sections 181.950 to 181.957
unless the carrier's drug testing program provides for testing
for controlled substances in addition to those listed in Code of
Federal Regulations, title 49, section 40.21, paragraph
(a) 40.85. Persons subject to this section may test for drugs,
in addition to those listed in Code of Federal Regulations,
title 49, section 40.21, paragraph (a) 40.85, only in accordance
with sections 181.950 to 181.957 and rules adopted under those
sections.
Sec. 27. Minnesota Statutes 2000, section 360.305,
subdivision 4, is amended to read:
Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR
CONSTRUCTION REVOLVING ACCOUNT.] (a) Except as otherwise
provided in this subdivision, the commissioner of transportation
shall require as a condition of assistance by the state that the
political subdivision, municipality, or public corporation make
a substantial contribution to the cost of the construction,
improvement, maintenance, or operation of the airport, in
connection with which the assistance of the state is sought.
These costs are referred to as project costs.
(b) For any airport, whether key, intermediate or landing
strip, where only state and local funds are to be used, the
contribution shall be not less than one-fifth of the sum of:
(1) the project costs;
(2) acquisition costs of the land and clear zones, which
are referred to as acquisition costs.
(c) For any airport where federal, state and local funds
are to be used, the contribution shall not be less than
one-tenth of the sum of the project costs and acquisition costs.
(d) The commissioner may pay the total cost of radio and
navigational aids.
(e) Notwithstanding paragraph (b) or (c), the commissioner
may pay all of the project costs of a new landing strip, but not
an intermediate airport or key airport, or may pay an amount
equal to the federal funds granted and used for a new landing
strip plus all of the remaining project costs; but the total
amount paid by the commissioner for the project costs of a new
landing strip, unless specifically authorized by an act
appropriating funds for the new landing strip, shall not exceed
$200,000.
(f) Notwithstanding paragraph (b) or (c), the commissioner
may pay all the project costs for research and development
projects, including, but not limited to noise abatement;
provided that in no event shall the sums expended under this
paragraph exceed five percent of the amount appropriated for
construction grants.
(g) To receive aid under this section for project costs or
for acquisition costs, the municipality must enter into an
agreement with the commissioner giving assurance that the
airport will be operated and maintained in a safe, serviceable
manner for aeronautical purposes only for the use and benefit of
the public:
(1) for 20 years after the date that any state funds for
project costs are received by the municipality; and
(2) for 99 years after the date that any state funds for
acquisition costs are received by the municipality.
The agreement may contain other conditions as the commissioner
deems reasonable.
(h) The commissioner shall establish a hangar construction
revolving account which shall be used for the purpose of
financing the construction of hangar buildings to be constructed
by municipalities owning airports. All municipalities owning
airports are authorized to enter into contracts for the
construction of hangars, and contracts with the commissioner for
the financing of hangar construction for an amount and period of
time as may be determined by the commissioner and municipality.
All receipts from the financing contracts shall be deposited in
the hangar construction revolving account and are reappropriated
for the purpose of financing construction of hangar buildings.
The commissioner may pay from the hangar construction revolving
account 80 percent of the cost of financing construction of
hangar buildings. For purposes of this clause, the construction
of hangars shall include their design. The commissioner shall
transfer up to $4,100,000 $4,400,000 from the state airports
fund to the hangar construction revolving account.
(i) The commissioner may pay a portion of the purchase
price of any airport maintenance and safety equipment and of the
actual airport snow removal costs incurred by any municipality.
The portion to be paid by the state shall not exceed two-thirds
of the cost of the purchase price or snow removal. To receive
aid a municipality must enter into an agreement of the type
referred to in paragraph (g).
(j) This subdivision shall apply only to project costs or
acquisition costs of municipally owned airports which are
incurred after June 1, 1971.
Sec. 28. Laws 2001, First Special Session chapter 8,
article 1, section 8, is amended to read:
Sec. 8. [DEPARTMENT OF TRANSPORTATION DISTRICT 1
CONSTRUCTION BUDGET.]
The commissioner of transportation shall reduce the
construction budget of the department of transportation
construction district 1 by $35,000,000 $24,700,000 over the
period from fiscal year 2003 through fiscal year 2007, in order
to repay the advance of highway construction funds in fiscal
years 2001 and 2002. The reduction in each year of the period
must equal the cost of trunk highway construction projects that
were originally scheduled to be constructed during that year
that were constructed in fiscal year 2001 or 2002 instead be
approximately $5,000,000 until the funds advanced have been
repaid.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 29. Laws 2001, First Special Session chapter 8,
article 2, section 6, is amended to read:
Sec. 6. [STATE AID FOR CITIES.]
A city that has previously been classified as having a
population of 5,000 or more for the purposes of Minnesota
Statutes, chapter 162, and that has a population greater than
4,900 but less than 5,000 according to the 2000 federal census,
is deemed to have a population of 5,000 for purposes of
Minnesota Statutes, chapter 162, until June 30, 2004.
Sec. 30. Laws 2002, chapter 220, article 10, section 37,
is amended to read:
Sec. 37. [MORATORIUM ON CONSULTANT CONTRACTS.]
(a) An entity in the executive branch of state government,
including the Minnesota state colleges and universities, may not
enter into a new contract or renew an existing contract for
professional or technical services after the effective date of
this section and before July 1, 2003. This section does not
apply to a contract:
(1) that relates to a threat to public health, welfare, or
safety that threatens the functioning of government, the
protection of property, or the health or safety of people; or
(2) that is paid for entirely with federal funds received
before the effective date of this section;
(3) that is paid entirely with funds from the state
airports fund, trunk highway fund, county state-aid highway
fund, or municipal state-aid street fund; or
(4) for a trunk highway project of a type described in Laws
2000, chapter 479, article 1, section 2, subdivision 3,
paragraph (a), clauses (1) to (3).
(b) An entity in the executive branch may apply for a
waiver of the moratorium by sending a letter with reasons for
the request to the commissioner of administration for executive
branch entities. Upon a finding that a consultant contract is
necessary, the commissioner may grant a waiver. The decision of
the commissioner is final and not subject to appeal. A monthly
report of all waivers granted must be filed by the entity
granting the waiver. The report must be published on the
entity's Web site, and copies must be provided to the chairs of
the house ways and means and senate finance committees and to
the legislative reference library.
Sec. 31. [ST. CROIX RIVER BRIDGE.]
Until July 1, 2003, the commissioner of transportation may
not cancel or remove from the commissioner's statewide
transportation improvement program, the trunk highway project
that would construct a new bridge across the St. Croix river at
or near the terminus of marked trunk highway No. 36.
Sec. 32. [TRUNK HIGHWAY 169 RECONSTRUCTION; PEDESTRIAN
SIGNAL.]
(a) The commissioner of transportation shall, as part of
the reconstruction of marked trunk highway No. 169 (Ferry
Street) in Anoka, prepare a new signal agreement relating to the
new pedestrian signal located between Benton Street and Fremont
Street. All costs related to installation of the new pedestrian
signal must be paid by the city of Anoka.
(b) Notwithstanding Minnesota Statutes, sections 169.162 to
169.167:
(1) The commissioner may annually review the installation
of the signal at the east frontage road, as described in signal
agreement No. 81393R.
(2) The new pedestrian signal must be designated as the
priority signal, and the commissioner may remove the signal
described in clause (1) if the commissioner determines that the
signal described in clause (1) is detrimental to the safe
operation and functionality of the trunk highway.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 33. [PROTECTION OF NATURAL FLOW.]
A stipulation agreement entered into between the Minnehaha
Creek watershed district and the Minnesota department of
transportation concerning the controversy at issue in Court File
No. MC01-07478 in the fourth judicial district of Hennepin
county, has the force of law and supersedes the provisions of
Laws 2001, chapter 101, section 1.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 34. [INTERREGIONAL CORRIDOR DESIGNATION.]
The commissioner of transportation shall by August 30,
2002, designate high priority interregional corridors that
connect regional trade and population centers within the state
to Canadian provinces and serve as trade and tourism routes
between the state and Canadian provinces.
Sec. 35. [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION
PROJECT.]
Subdivision 1. [ESTABLISHMENT OF PROJECT.] (a) The
commissioner of transportation, in cooperation with the trunk
highway No. 55 joint powers board, shall establish a
corridor-protection demonstration project along the corridor of
marked trunk highway No. 55 between marked interstate highway
No. 494 in Hennepin county and the city of Annandale in Wright
county. The purpose of the corridor-protection demonstration
project is to develop a transferable process and methodologies
for trunk highway corridor coalitions to use in protecting a
corridor for future capacity needs, such as for additional
lanes, safety improvements, improved access management, and bus
transit services.
(b) The commissioner, or a designee, shall participate as a
nonvoting member of the trunk highway No. 55 joint powers board,
provide technical advice and guidance relating to developing a
corridor-protection plan and official map, and may provide a
grant to the board to hire a consultant. The grant is available
only upon the formation of a trunk highway No. 55 joint powers
board that, at a minimum, includes the counties of Hennepin and
Wright, and a majority of the cities and townships that include
or border trunk highway signed No. 55 between interstate highway
signed No. I-494 and the city of Annandale. The joint powers
board shall use the grant to hire a consultant to conduct, at a
minimum, the following activities:
(1) develop a preliminary plan and layout for the future
boundaries and right-of-way needs of the highway corridor;
(2) develop an official map of the corridor;
(3) conduct at least one official public hearing in the
corridor upon completion of the official map;
(4) assist the municipalities in making any necessary
comprehensive plan amendments, zoning changes, or ordinance
changes; and
(5) educate the municipalities regarding appropriate
strategies, procedures, and tools to use to protect the corridor
for the planned right-of-way needs.
Subd. 2. [REPORT TO LEGISLATURE.] By January 15, 2004, the
commissioner shall report the results of the corridor-protection
demonstration project to the committees of the senate and house
of representatives with jurisdiction over transportation policy
and finance. The report must include findings regarding the
effectiveness of assisting communities in developing a
corridor-protection plan and official map and estimates of
future right-of-way savings due to early implementation of
right-of-way protection mechanisms.
Sec. 36. [EXEMPTION FROM MATCHING REQUIREMENT.]
All money received under Public Law Number 107-71, the
Aviation and Transportation Security Act, is exempt from the
matching requirements of Minnesota Statutes, section 360.305,
subdivision 4.
Sec. 37. [PERMIT FOR BIKEWAY IN CHANHASSEN.]
Subdivision 1. [BIKEWAY REQUIREMENTS.] (a) For purposes of
this section, the terms "bikeway" and "roadway" have the
meanings given them in Minnesota Statutes, section 169.01, and
the term "pedestrian walkway" has the meaning given it in
Minnesota Rules 2001, part 8810.6000.
(b) Notwithstanding other law to the contrary, within 30
days of the effective date of this section the commissioner of
transportation shall grant a permit to the city of Chanhassen to
construct a bikeway on the west side of trunk highway signed No.
101 from its intersection with trunk highway signed No. 62 to
its intersection with West 78th street in the city of Chanhassen.
(c) Notwithstanding any rule or standard of the
commissioner of natural resources governing the width of
bikeways or bicycle trails, the permit shall allow the
construction of a bikeway (1) that is paved, is six feet wide,
and allows for two-way bicycle travel, (2) that may be located
within the highway right-of-way, (3) that also allows use as a
pedestrian walkway, and (4) that otherwise complies with the
minimum requirements of Minnesota Rules 2001, part 8810.6600.
(d) The bicycle path must be constructed within applicable
department design standards and utilizing highway right-of-way
to the greatest extent possible with minimum impact on adjacent
properties and on mature, quality trees.
(e) The city of Chanhassen may, but is not required to,
enter into a contract with the commissioner of transportation
for construction of the bicycle path.
Subd. 2. [BIKEWAY RESPONSIBILITY FOLLOWING HIGHWAY
RECONSTRUCTION.] The commissioner of transportation shall
repair, restore, or reconstruct the bikeway or, if necessary,
construct a new bikeway as necessary following any subsequent
repair, expansion, or reconstruction, in conjunction with the
turnback of that segment of trunk highway signed No. 101
described in subdivision 1, paragraph (b).
Sec. 38. [NORTHERN ZONE LOAD RESTRICTION STUDY.]
The commissioner of transportation shall conduct a study of
load restrictions and seasonal load increases in the northern
zone of Minnesota and make recommendations regarding the
establishment of one or more new zones given the varying climate
in the northern area of the state. The commissioner shall
report findings back to the committees of the senate and house
of representatives with jurisdiction over transportation policy
by December 15, 2002.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 39. [TECHNICAL ADVISORY GROUP.]
Subdivision 1. [CREATION.] The commissioner of
transportation shall create a technical advisory group
consisting of one senior manager and two administration staff
from each of the following state agencies:
(1) department of transportation;
(2) department of natural resources;
(3) pollution control agency; and
(4) the board of soil and water resources.
The group shall conduct research, evaluate alternatives,
and make findings and recommendations on streamlining the
process of environmental review for transportation-related
projects. The commissioner of each agency shall appoint the
respective members from that agency by July 1, 2002. The
commissioner of transportation or a senior manager appointed by
the commissioner of transportation shall chair the group.
Subd. 2. [REPORT.] The technical advisory group shall
submit a comprehensive report to the senate and house of
representatives committees having jurisdiction over
environmental policy and transportation policy and finance by
January 15, 2003. The report must make findings and
recommendations, including actions that should be taken,
recommendations on reporting mitigating costs for the previous
five years and for the future, and the statutory changes
necessary to effect a more streamlined process for environmental
review, assessment, and approval without weakening the substance
of existing environmental protections.
Sec. 40. [BRAINERD LAKES REST AREA.]
(a) Notwithstanding other law:
(1) the commissioner of transportation may enter into a
joint venture with Crow Wing county, the commissioner of natural
resources, and the Brainerd Lakes area chamber of commerce or
similar nonprofit entity that provides regional travel
information and services in connection with the operation of
facilities at the class I rest area to be constructed between
Brainerd and Little Falls on state highway No. 371 in the
vicinity of the Crow Wing state park;
(2) the chamber or similar entity may be a tenant in the
facility and may operate, advertise membership, run a
concession, including a gift shop in the facility, and take
revenue from the concession to support its nonprofit activities
within the rest area building;
(3) the commissioner may enter into a lease with the
chamber or similar entity. The lease may be for a term of up to
20 years and may be renewed for additional terms of up to 20
years. Some or all of the consideration from the chamber or
similar entity for the lease may be in the form of in-kind
contribution to improvements to the rest area facility; and
(4) the chamber or similar entity may advertise its
presence and services in the rest area along state highways,
including on rest area grounds and along state highway No. 371
within one-half mile of the rest area exit.
(b) The conditions, exemptions, and terms set out in this
act are intended to apply only to the rest area to be built on
state highway No. 371 between Little Falls and Brainerd.
(c) It is understood that because of lack of available
funding and other higher priorities, the unique circumstances,
including exceptional volume, site requirements and limitations,
and other unique circumstances, the rest area could not be built
and operated in the most desirable way without the contributions
of all the parties.
(d) The commissioner of transportation and the partners in
this rest area shall mutually develop and execute an agreement
to identify and accept responsibility for their respective
portion of construction, maintenance, and operating costs of the
facility based on their spatial requirements. The
responsibilities could be through direct funding or in-kind
contributions as mutually agreed.
Sec. 41. [REPEALER.]
Minnesota Statutes 2000, section 221.0313, is repealed.
Minnesota Statutes 2001 Supplement, section 161.362, is
repealed.
Presented to the governor May 8, 2002
Signed by the governor May 9, 2002, 11:43 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes