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Key: (1) language to be deleted (2) new language

CHAPTER 75--S.F.No. 1647

An act

relating to transportation; establishing a budget for transportation; appropriating money for transportation, including Department of Transportation, Metropolitan Council, and Department of Public Safety activities; amending various provisions governing transportation policy and finance; establishing an account; requiring reports;

amending Minnesota Statutes 2014, sections 13.69, subdivision 1; 16E.15, subdivision 2; 117.036, subdivisions 2, 4; 160.20, subdivision 4; 160.27, by adding a subdivision; 161.231; 161.321, subdivisions 2a, 2c, 4; 162.07, subdivision 1a; 168.013, subdivisions 1d, 1g; 168.053, subdivision 1; 168.1299, subdivision 1; 168.33, subdivision 7; 168A.07, by adding a subdivision; 168D.06; 169.18, subdivision 12; 169.475, subdivision 2; 169.49; 169.782, subdivisions 1, 2, 4; 169.798, subdivision 4; 169.81, by adding a subdivision; 169.87, subdivision 6; 173.02, by adding a subdivision; 173.15; 174.40, by adding a subdivision; 219.76; 219.761; 221.031, by adding a subdivision; 221.605, by adding a subdivision; 222.50, subdivision 7; 299A.465, subdivisions 2, 5, by adding subdivisions; 299D.085, subdivision 2; 299D.09; 360.305, subdivision 4; 473.146, subdivision 4; Laws 2009, chapter 158, section 10, as amended; Laws 2014, chapter 312, article 10, section 11, subdivision 2; article 11, section 3; proposing coding for new law in Minnesota Statutes, chapters 160; 162; 299F; repealing Minnesota Statutes 2014, section 299E.02.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION APPROPRIATIONS

Section 1.

new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations by fund made in this act, and do not have legal effect. new text end

new text begin 2016 new text end new text begin 2017 new text end new text begin Total new text end
new text begin General new text end new text begin $ new text end new text begin 139,347,000 new text end new text begin $ new text end new text begin 135,792,000 new text end new text begin $ new text end new text begin 275,139,000 new text end
new text begin Airports new text end new text begin 25,109,000 new text end new text begin 25,109,000 new text end new text begin 50,218,000 new text end
new text begin C.S.A.H. new text end new text begin 670,768,000 new text end new text begin 698,495,000 new text end new text begin 1,369,263,000 new text end
new text begin M.S.A.S. new text end new text begin 170,743,000 new text end new text begin 178,141,000 new text end new text begin 348,884,000 new text end
new text begin Special Revenue new text end new text begin 61,475,000 new text end new text begin 62,210,000 new text end new text begin 123,685,000 new text end
new text begin H.U.T.D. new text end new text begin 2,192,000 new text end new text begin 2,213,000 new text end new text begin 4,405,000 new text end
new text begin Trunk Highway new text end new text begin 1,673,708,000 new text end new text begin 1,672,006,000 new text end new text begin 3,345,714,000 new text end
new text begin Total new text end new text begin $ new text end new text begin 2,743,342,000 new text end new text begin $ new text end new text begin 2,773,966,000 new text end new text begin $ new text end new text begin 5,517,308,000 new text end

Sec. 2.

new text begin TRANSPORTATION APPROPRIATIONS.new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the trunk highway fund, or another named fund, and are available for the fiscal years indicated for each purpose. Amounts for "Total Appropriation" and sums shown in the corresponding columns marked "Appropriations by Fund" are summary only and do have legal effect. The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016 and 2017. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2016 new text end new text begin 2017 new text end

Sec. 3.

new text begin DEPARTMENT OF TRANSPORTATION new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 2,488,269,000 new text end new text begin $ new text end new text begin 2,496,573,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 44,115,000 new text end new text begin 21,058,000 new text end
new text begin Airports new text end new text begin 25,109,000 new text end new text begin 25,109,000 new text end
new text begin C.S.A.H. new text end new text begin 670,768,000 new text end new text begin 698,495,000 new text end
new text begin M.S.A.S. new text end new text begin 170,743,000 new text end new text begin 178,141,000 new text end
new text begin Trunk Highway new text end new text begin 1,577,534,000 new text end new text begin 1,573,770,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Multimodal Systems new text end

new text begin (a) Aeronautics new text end

new text begin (1) Airport Development and Assistance new text end new text begin 19,798,000 new text end new text begin 19,798,000 new text end

new text begin This appropriation is from the state airports fund and must be spent according to Minnesota Statutes, section 360.305, subdivision 4. new text end

new text begin The base appropriation in each of fiscal years 2018 and 2019 is $14,298,000. new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, this appropriation is available for five years after appropriation. If the appropriation for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin (2) Aviation Support and Services new text end new text begin 6,661,000 new text end new text begin 6,661,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin Airports new text end new text begin 5,311,000 new text end new text begin 5,311,000 new text end
new text begin Trunk Highway new text end new text begin 1,350,000 new text end new text begin 1,350,000 new text end

new text begin $80,000 in each year is from the state airports fund for the Civil Air Patrol. new text end

new text begin The base appropriation from the trunk highway fund in fiscal year 2018 is $1,479,000 and in fiscal year 2019 is $1,623,000. new text end

new text begin (b) Transit new text end new text begin 20,543,000 new text end new text begin 20,567,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 19,745,000 new text end new text begin 19,745,000 new text end
new text begin Trunk Highway new text end new text begin 798,000 new text end new text begin 822,000 new text end

new text begin The base appropriation from the general fund in each of fiscal years 2018 and 2019 is $17,245,000. new text end

new text begin The base appropriation from the trunk highway fund in fiscal year 2018 is $846,000 and in fiscal year 2019 is $873,000. new text end

new text begin (c) Safe Routes to School new text end new text begin 500,000 new text end new text begin 500,000 new text end

new text begin This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40. new text end

new text begin (d) Passenger Rail new text end new text begin 500,000 new text end new text begin 500,000 new text end

new text begin This appropriation is from the general fund for passenger rail system planning, alternatives analysis, environmental analysis, design, and preliminary engineering under Minnesota Statutes, sections 174.632 to 174.636. new text end

new text begin (e) Freight new text end new text begin 13,445,000 new text end new text begin 5,452,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 8,401,000 new text end new text begin 256,000 new text end
new text begin Trunk Highway new text end new text begin 5,044,000 new text end new text begin 5,196,000 new text end

new text begin $145,000 in the first year is from the general fund for a grant to the Minnesota Commercial Railway for emergency temporary repairs to approximately 6.5 miles of railroad track described as that portion of the Minnesota Commercial main running lead, between M&D Junction in White Bear Lake and the end of track in Hugo. new text end

new text begin $3,000,000 in the first year is from the general fund for port development assistance program grants under Minnesota Statutes, chapter 457A. Any improvements made with the proceeds of these grants must be publicly owned. This is a onetime appropriation and is available in the second year. new text end

new text begin $5,000,000 in the first year is from the general fund for rail grade crossing safety improvements. This is a onetime appropriation and is available in the second year. new text end

new text begin The base appropriation from the trunk highway fund in fiscal year 2018 is $5,350,000 and in fiscal year 2019 is $5,522,000. new text end

new text begin Subd. 3. new text end

new text begin State Roads new text end

new text begin (a) Operations and Maintenance new text end new text begin 288,405,000 new text end new text begin 290,916,000 new text end

new text begin The base appropriation in fiscal year 2018 is $292,140,000 and in fiscal year 2019 is $301,545,000. new text end

new text begin (b) Program Planning and Delivery new text end new text begin 237,529,000 new text end new text begin 231,252,000 new text end

new text begin $130,000 in each year is available for administrative costs of the targeted group business program. new text end

new text begin $266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area. new text end

new text begin $900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available: (1) to regional development commissions; (2) in regions where no regional development commission is functioning, to joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and (3) in regions where no regional development commission or joint powers board is functioning, to the department's district office for that region. new text end

new text begin $1,000,000 in each year is available for management of contaminated and regulated material on property owned by the Department of Transportation, including mitigation of property conveyances, facility acquisition or expansion, chemical release at maintenance facilities, and spills on the trunk highway system where there is no known responsible party. If the appropriation for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin $6,804,000 in the first year and $1,000,000 in the second year are available for the purposes stated in Minnesota Statutes, section 12A.16, subdivision 2. new text end

new text begin The base appropriation for program planning and delivery in fiscal year 2018 is $227,004,000 and in fiscal year 2019 is $234,331,000. new text end

new text begin (c) State Road Construction new text end new text begin 779,664,000 new text end new text begin 744,166,000 new text end

new text begin This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, and consultant usage to support these activities. This includes the cost of actual payment to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses. new text end

new text begin $1,000,000 in the first year is to complete projects using funds made available to the commissioner of transportation under title XII of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and implemented under Minnesota Statutes, section 161.36, subdivision 7. new text end

new text begin $10,000,000 in each year is for the transportation economic development program under Minnesota Statutes, section 174.12. new text end

new text begin The commissioner may expend up to one-half of one percent of the federal appropriations under this paragraph as grants to opportunity industrialization centers and other nonprofit job training centers for job training programs related to highway construction. new text end

new text begin The commissioner may transfer up to $15,000,000 each year to the transportation revolving loan fund. new text end

new text begin The commissioner may receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the commissioner for these projects. new text end

new text begin The base appropriation for state road construction in each of fiscal years 2018 and 2019 is $695,800,000. new text end

new text begin (d) Highway Debt Service new text end new text begin 197,381,000 new text end new text begin 231,199,000 new text end

new text begin $187,881,000 the first year and $221,699,000 the second year are for transfer to the state bond fund. If this appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of management and budget shall transfer the deficiency amount under the statutory open appropriation, and notify the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and the chairs of the senate Committee on Finance and the house of representatives Committee on Ways and Means of the amount of the deficiency. Any excess appropriation cancels to the trunk highway fund. new text end

new text begin (e) Statewide Radio Communications new text end new text begin 5,358,000 new text end new text begin 5,486,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 35,000 new text end new text begin 3,000 new text end
new text begin Trunk Highway new text end new text begin 5,323,000 new text end new text begin 5,483,000 new text end

new text begin $3,000 in each year is from the general fund to equip and operate the Roosevelt signal tower for Lake of the Woods weather broadcasting. new text end

new text begin $32,000 in the first year is from the general fund for a weather transmitter in Lake of the Woods County. new text end

new text begin The base appropriation from the trunk highway fund in fiscal year 2018 is $5,645,000 and in fiscal year 2019 is $5,826,000. new text end

new text begin Subd. 4. new text end

new text begin Local Roads new text end

new text begin (a) County State-Aid Roads new text end new text begin 670,768,000 new text end new text begin 698,495,000 new text end

new text begin This appropriation is from the county state-aid highway fund under Minnesota Statutes, section 161.081, and chapter 162, and is available until spent. new text end

new text begin If the commissioner of transportation determines that a balance remains in the county state-aid highway fund following the appropriations and transfers made in this paragraph, and that the appropriations made are insufficient for advancing county state-aid highway projects, an amount necessary to advance the projects, not to exceed the balance in the county state-aid highway fund, is appropriated in each year to the commissioner. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation shall notify the commissioner of management and budget and the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance concerning funds appropriated. The commissioner shall identify in the next budget submission to the legislature under Minnesota Statutes, section 16A.11, any amount that is appropriated under this paragraph. new text end

new text begin (b) Municipal State-Aid Roads new text end new text begin 170,743,000 new text end new text begin 178,141,000 new text end

new text begin This appropriation is from the municipal state-aid street fund under Minnesota Statutes, chapter 162, and is available until spent. new text end

new text begin If the commissioner of transportation determines that a balance remains in the municipal state-aid street fund following the appropriations and transfers made in this paragraph, and that the appropriations made are insufficient for advancing municipal state-aid street projects, an amount necessary to advance the projects, not to exceed the balance in the municipal state-aid street fund, is appropriated in each year to the commissioner. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation shall notify the commissioner of management and budget and the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance concerning funds appropriated. The commissioner shall identify in the next budget submission to the legislature under Minnesota Statutes, section 16A.11, any amount that is appropriated under this paragraph. new text end

new text begin (c) Small Cities Assistance new text end new text begin 12,500,000 new text end new text begin 0 new text end

new text begin This appropriation is from the general fund for small cities assistance under Minnesota Statutes, section 162.145. new text end

new text begin Subd. 5. new text end

new text begin Agency Management new text end

new text begin (a) Agency Services new text end new text begin 42,722,000 new text end new text begin 43,519,000 new text end

new text begin The base appropriation in fiscal year 2018 is $44,316,000 and in fiscal year 2019 is $45,206,000. new text end

new text begin (b) Buildings new text end new text begin 18,772,000 new text end new text begin 19,321,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 54,000 new text end new text begin 54,000 new text end
new text begin Trunk Highway new text end new text begin 18,718,000 new text end new text begin 19,267,000 new text end

new text begin Any money appropriated to the commissioner of transportation for building construction for any fiscal year before the first year is available to the commissioner of transportation during the biennium to the extent that the commissioner spends the money on the building construction projects for which the money was originally encumbered during the fiscal year for which it was appropriated. new text end

new text begin If the appropriation for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin The base appropriation from the trunk highway fund in fiscal year 2018 is $20,031,000 and in fiscal year 2019 is $20,885,000. new text end

new text begin (c) Tort Claims new text end new text begin 600,000 new text end new text begin 600,000 new text end

new text begin If the appropriation for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin Subd. 6. new text end

new text begin Transfers new text end

new text begin With the approval of the commissioner of management and budget, the commissioner of transportation may transfer unencumbered balances among the appropriations from the trunk highway fund and the state airports fund made in this section. No transfer may be made from the appropriations for state road construction or for debt service. Transfers under this rider may not be made between funds. Transfers under this rider must be reported immediately to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance. new text end

new text begin The commissioner of transportation shall transfer from the flexible highway account in the county state-aid highway fund the entire amount in each year to the county turnback account in the county state-aid highway fund. The funds transferred are for highway turnback purposes under Minnesota Statutes, section 161.081, subdivision 3. new text end

new text begin Subd. 7. new text end

new text begin Previous State Road Construction Appropriations new text end

new text begin Any money appropriated to the commissioner of transportation for state road construction for any fiscal year before the first year is available to the commissioner during the biennium to the extent that the commissioner spends the money on the state road construction project for which the money was originally encumbered during the fiscal year for which it was appropriated. new text end

new text begin Subd. 8. new text end

new text begin Contingent Appropriation new text end

new text begin The commissioner of transportation, with the approval of the governor and the written approval of at least five members of a group consisting of the members of the Legislative Advisory Commission under Minnesota Statutes, section 3.30, and the ranking minority members of the legislative committees with jurisdiction over transportation finance, may transfer all or part of the unappropriated balance in the trunk highway fund to an appropriation: (1) for trunk highway design, construction, or inspection in order to take advantage of an unanticipated receipt of income to the trunk highway fund or to take advantage of federal advanced construction funding; (2) for trunk highway maintenance in order to meet an emergency; or (3) to pay tort or environmental claims. Nothing in this subdivision authorizes the commissioner to increase the use of federal advanced construction funding beyond amounts specifically authorized. Any transfer as a result of the use of federal advanced construction funding must include an analysis of the effects on the long-term trunk highway fund balance. The amount transferred is appropriated for the purpose of the account to which it is transferred. new text end

Sec. 4.

new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end new text begin 81,626,000 new text end new text begin $ new text end new text begin 101,126,000 new text end

new text begin This appropriation is from the general fund for transit system operations under Minnesota Statutes, sections 473.371 to 473.449. new text end

new text begin Of this amount, $27,300,000 is available through fiscal year 2018. new text end

new text begin Of this appropriation, $1,000,000 in each year is for financial assistance to replacement service providers under Minnesota Statutes, section 473.388, to implement a demonstration project that provides regular route transit or express bus service between municipalities in the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, excluding cities of the first class. The council may not retain any portion of funds specified in this rider. The replacement service providers shall collectively identify one or more demonstration projects for financial assistance and submit a notification of the allocation to the council. The council shall allocate the appropriated funds as directed by the replacement service providers. Criteria for evaluating and identifying demonstration projects must include but are not limited to: (1) scope of service offering improvements; (2) integration with transit facilities and major business, retail, or suburban centers; (3) extent to which a proposed route complements existing transit service; and (4) density of employment along a proposed route. This is a onetime appropriation. new text end

new text begin Of this appropriation, $200,000 in the first year is for grants payable by July 31, 2016, to transportation management organizations that provide services exclusively or primarily in (1) each city of the first class, as provided under section 410.01; and (2) the city having the highest population as of the effective date of this section located along the marked Interstate Highway 494 corridor. Permissible uses include administrative expenses and programming and service expansion, including but not limited to staffing, communications, outreach and education program development, and operations management. The council may not retain any portion of funds under this appropriation. new text end

new text begin The base appropriation in each of fiscal years 2018 and 2019 is $89,820,000. new text end

Sec. 5.

new text begin DEPARTMENT OF PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 173,447,000 new text end new text begin $ new text end new text begin 176,267,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 13,606,000 new text end new text begin 13,608,000 new text end
new text begin Special Revenue new text end new text begin 61,475,000 new text end new text begin 62,210,000 new text end
new text begin H.U.T.D. new text end new text begin 2,192,000 new text end new text begin 2,213,000 new text end
new text begin Trunk Highway new text end new text begin 96,174,000 new text end new text begin 98,236,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Administration and Related Services new text end

new text begin (a) Office of Communications new text end new text begin 517,000 new text end new text begin 530,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 113,000 new text end new text begin 115,000 new text end
new text begin Trunk Highway new text end new text begin 404,000 new text end new text begin 415,000 new text end
new text begin (b) Public Safety Support new text end new text begin 9,035,000 new text end new text begin 9,124,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 3,982,000 new text end new text begin 3,987,000 new text end
new text begin H.U.T.D. new text end new text begin 1,366,000 new text end new text begin 1,366,000 new text end
new text begin Trunk Highway new text end new text begin 3,687,000 new text end new text begin 3,771,000 new text end

new text begin The base appropriation from the general fund in each of fiscal years 2018 and 2019 is $3,537,000. new text end

new text begin $380,000 in each year is from the general fund for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation for the other year is available for it. new text end

new text begin $1,367,000 in each year is from the general fund to be deposited in the public safety officer's benefit account. This money is available for reimbursements under Minnesota Statutes, section 299A.465. new text end

new text begin $600,000 in each year is from the general fund and $100,000 in each year is from the trunk highway fund for soft body armor reimbursements under Minnesota Statutes, section 299A.38. new text end

new text begin $450,000 in each year is from the general fund for the creation of two emergency response teams. One emergency response team must be under the jurisdiction of the St. Cloud Fire Department, or a similarly located fire department if necessary, and one emergency response team must be under the jurisdiction of the Duluth Fire Department. The commissioner shall allocate the funds as needed to facilitate the creation and maintenance of the emergency response teams. This is a onetime appropriation. new text end

new text begin (c) Technology and Support Service new text end new text begin 3,685,000 new text end new text begin 3,685,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 1,322,000 new text end new text begin 1,322,000 new text end
new text begin H.U.T.D. new text end new text begin 19,000 new text end new text begin 19,000 new text end
new text begin Trunk Highway new text end new text begin 2,344,000 new text end new text begin 2,344,000 new text end

new text begin Subd. 3. new text end

new text begin State Patrol new text end

new text begin (a) Patrolling Highways new text end new text begin 81,516,000 new text end new text begin 83,121,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2016 new text end new text begin 2017 new text end
new text begin General new text end new text begin 154,000 new text end new text begin 37,000 new text end
new text begin H.U.T.D. new text end new text begin 92,000 new text end new text begin 92,000 new text end
new text begin Trunk Highway new text end new text begin 81,270,000 new text end new text begin 82,992,000 new text end

new text begin $858,000 from the trunk highway fund in the first year and $117,000 from the general fund in the first year is to purchase a single-engine aircraft for the State Patrol. new text end

new text begin (b) Commercial Vehicle Enforcement new text end new text begin 8,023,000 new text end new text begin 8,257,000 new text end
new text begin (c) Capitol Security new text end new text begin 8,035,000 new text end new text begin 8,147,000 new text end

new text begin This appropriation is from the general fund. new text end

new text begin The commissioner may not: (1) spend any money from the trunk highway fund for capitol security; or (2) permanently transfer any state trooper from the patrolling highways activity to capitol security. new text end

new text begin The commissioner may not transfer any money appropriated to the commissioner under this section: (1) to capitol security; or (2) from capitol security. new text end

new text begin (d) Vehicle Crimes Unit new text end new text begin 715,000 new text end new text begin 736,000 new text end

new text begin This appropriation is from the highway user tax distribution fund. new text end

new text begin This appropriation is to investigate: (1) registration tax and motor vehicle sales tax liabilities from individuals and businesses that currently do not pay all taxes owed; and (2) illegal or improper activity related to sale, transfer, titling, and registration of motor vehicles. new text end

new text begin Subd. 4. new text end

new text begin Driver and Vehicle Services new text end

new text begin (a) Vehicle Services new text end new text begin 29,818,000 new text end new text begin 30,082,000 new text end

new text begin This appropriation is from the vehicle services operating account in the special revenue fund. new text end

new text begin $59,000 in each year is for the creation of a Data Services Unit within the Division of Driver and Vehicle Services. new text end

new text begin The base appropriation from the special revenue fund in each of fiscal years 2018 and 2019 is $21,846,000. new text end

new text begin The base appropriation from the highway user tax distribution fund in each of fiscal years 2018 and 2019 is $8,236,000. new text end

new text begin (b) Driver Services new text end new text begin 30,286,000 new text end new text begin 30,740,000 new text end

new text begin This appropriation is from the driver services operating account in the special revenue fund. new text end

new text begin $31,000 in each year is for the creation of a Data Services Unit within the Division of Driver and Vehicle Services. new text end

new text begin Subd. 5. new text end

new text begin Traffic Safety new text end

new text begin 446,000 new text end new text begin 457,000 new text end

new text begin Subd. 6. new text end

new text begin Pipeline Safety new text end

new text begin 1,371,000 new text end new text begin 1,388,000 new text end

new text begin This appropriation is from the pipeline safety account in the special revenue fund. new text end

Sec. 6.

new text begin APPROPRIATION CANCELLATION. new text end

new text begin $29,700,000 of the appropriation under Laws 2013, chapter 117, article 1, section 4, is canceled to the general fund on the effective date of this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

new text begin APPROPRIATION CANCELLATIONS. new text end

new text begin All unspent funds, estimated to be $2,380,000, to provide the 20 percent local match funding required to obtain Federal Highway Administration emergency relief funds to repair local roads and bridges damaged by June 2014 flooding, under Laws 2015, chapter 2, section 3, are canceled to the general fund on June 30, 2015. new text end

Sec. 8.

new text begin DEPARTMENT OF TRANSPORTATION; APPROPRIATION. new text end

new text begin $2,380,000 is appropriated from the general fund to the commissioner of transportation in fiscal year 2016 to provide the 20 percent local match funding required to obtain Federal Highway Administration emergency relief funds to repair local roads and bridges damaged by flooding in June 2014. This is a onetime appropriation. new text end

ARTICLE 2

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2014, section 13.69, subdivision 1, is amended to read:

Subdivision 1.

Classifications.

(a) The following government data of the Department of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except thatnew text begin (i)new text end data that are not medical data may be released to law enforcement agenciesnew text begin , and (ii) data necessary for enforcement of sections 169.345 and 169.346 may be released to parking enforcement employees or parking enforcement agents of statutory or home rule charter cities and townsnew text end ;

(3) Social Security numbers in driver's license and motor vehicle registration records, except that Social Security numbers must be provided to the Department of Revenue for purposes of tax administration, the Department of Labor and Industry for purposes of workers' compensation administration and enforcement, and the Department of Natural Resources for purposes of license application administration; and

(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate at that time and that the information is necessary for notifying the designated caregiver of the need to care for a child of the license holder.

The department may release the Social Security number only as provided in clause (3) and must not sell or otherwise provide individual Social Security numbers or lists of Social Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Minnesota Statutes 2014, section 16E.15, subdivision 2, is amended to read:

Subd. 2.

Software sale fund.

(a) Except as provided in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b) new text begin and (c)new text end , proceeds deleted text begin ofdeleted text end new text begin fromnew text end the sale or licensing of software products or services by the chief information officer must be credited to the MN.IT services revolving fund. If a state agency other than the Office of MN.IT Services has contributed to the development of software sold or licensed under this section, the chief information officer may reimburse the agency by discounting computer services provided to that agency.

(b) Proceeds deleted text begin ofdeleted text end new text begin fromnew text end the sale or licensing of software products or services developed by the Pollution Control Agency, or custom developed by a vendor for the agency, must be credited to the environmental fund.

new text begin (c) If the Department of Transportation develops software products or services using trunk highway funds, proceeds from the subsequent sale or licensing of the software products or services must be credited to the trunk highway fund. This paragraph also applies to software products or services custom developed by a vendor for the department using trunk highway funds. new text end

Sec. 3.

Minnesota Statutes 2014, section 117.036, subdivision 2, is amended to read:

Subd. 2.

Appraisal.

(a) Before commencing an eminent domain proceeding under this chapternew text begin for an acquisition greater than $25,000new text end , the acquiring authority must obtain at least one appraisal for the property proposed to be acquired. In making the appraisal, the appraiser must confer with one or more of the owners of the property, if reasonably possible. new text begin For acquisitions less than $25,000, the acquiring authority may obtain a minimum damage acquisition report in lieu of an appraisal. In making the minimum damage acquisition report, the qualified person with appraisal knowledge must confer with one or more of the owners of the property, if reasonably possible.new text end Notwithstanding section 13.44, the acquiring authority must provide the owner with a copy of new text begin (1) new text end each appraisalnew text begin for property acquisitions over $25,000, or (2) the minimum damage acquisition report for properties under $25,000,new text end the acquiring authority has obtained for the property at the time an offer is made, but no later than 60 days before presenting a petition under section 117.055deleted text begin , anddeleted text end new text begin . The acquiring authority must alsonew text end inform the owner of the right to obtain an appraisal under this section. Upon request, the acquiring authority must make available to the owner all appraisals deleted text begin of the propertydeleted text end new text begin for properties over $25,000, or the minimum damage acquisition report for properties under $25,000new text end . If the acquiring authority is considering both a full and partial taking of the property, the acquiring authority shall obtain and provide the owner with appraisals deleted text begin for both types of takingsdeleted text end new text begin for properties over $25,000 for both types of takings, or minimum damage acquisition reports for properties under $25,000new text end .

(b) The owner may obtain an appraisal by a qualified appraiser of the property proposed to be acquired. The owner is entitled to reimbursement for the reasonable costs of the appraisal from the acquiring authority up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisitions and $5,000 for other types of property, provided that the owner submits to the acquiring authority the information necessary for reimbursement, including a copy of the owner's appraisal, at least five days before a condemnation commissioners' hearing. For purposes of this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , a "minimum damage acquisition" means an interest in property that a qualified person deleted text begin with appraisal knowledgedeleted text end new text begin having an understanding of the local real estate marketnew text end indicates can be acquired for deleted text begin a cost of $10,000deleted text end new text begin $25,000new text end or less.

(c) The acquiring authority must pay the reimbursement to the owner within 30 days after receiving a copy of the appraisal and the reimbursement information. Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.

Sec. 4.

Minnesota Statutes 2014, section 117.036, subdivision 4, is amended to read:

Subd. 4.

Use of appraisal at commissioners' hearing.

An appraisalnew text begin or minimum damage acquisition reportnew text end must not be used or considered in a condemnation commissioners' hearing, nor may the appraiser who prepared the appraisalnew text begin or the person who prepared the minimum damage acquisition reportnew text end testify, unless a copy of the appraiser's written reportnew text begin or the minimum damage acquisition reportnew text end is provided to the opposing party at least five days before the hearing.

Sec. 5.

Minnesota Statutes 2014, section 160.20, subdivision 4, is amended to read:

Subd. 4.

Conditions.

(a) A road authority may accept applications for permits for installation of drain tile along or across the right-of-way under its jurisdiction. The road authority may adopt reasonable rules for the installations and may require a bond before granting a permit. Permits for installation along a highway right-of-way must ensure that the length of the installation is restricted to the minimum necessary to achieve the desired agricultural benefits. A permit must not allow open trenches to be left on the right-of-way after installation of the drain tile is completed. A road authority that grants a permit for tile drain installation is not responsible for damage to that installation resulting from the action of the authority or any other permittee utilizing the right-of-way.

(b) A person who installs drain tile along or across a highway right-of-way without obtaining a permit as provided in this section is guilty of a misdemeanor.

(c) The commissioner shall take no action under this section which will result in the loss of federal aid for highway construction in the state.

(d) For the purpose of deleted text begin this sectiondeleted text end new text begin subdivisions 2 to 4new text end , "highway" means any highway as defined in section 160.02 which is located outside the corporate limits of a home rule charter or statutory city.

Sec. 6.

new text begin [160.235] TRAFFIC SIGNAL TIMING OPTIMIZATION. new text end

new text begin (a) A road authority that has ownership of a traffic signal on a principal arterial roadway or roadway with an average daily traffic greater than 20,000 vehicles per day must complete an inventory of all traffic signals under its ownership and submit it to the Department of Transportation district engineer. The inventory must include age of all signals, control equipment, communications, detection type, timing plans in operation, and date of last timing optimization. new text end

new text begin (b) Based on the information from the inventory, a road authority subject to paragraph (a) must develop and implement a traffic signal system optimization plan, which must include re-evaluation of traffic signal timing at least once every five years. Each road authority with a traffic signal optimization plan must annually certify compliance with its plan and submit the certification as part of its annual maintenance expenditure report. new text end

new text begin (c) Upon request of a local road authority, the commissioner shall provide reasonable technical assistance to meet the requirements under this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The initial inventory under paragraph (a) must be submitted on or before December 30, 2015. new text end

Sec. 7.

Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Temporary permit for field application. new text end

new text begin (a) In connection with the use of the road right-of-way of a road authority, excluding on controlled-access highways under section 160.08, a property owner or occupant of property abutting the road right-of-way may apply for a permit for temporary placement, for up to 14 days, of a pressurized flexible force main for the transport of manure for field application. new text end

new text begin (b) The property owner or occupant must: new text end

new text begin (1) identify the entire length of the right-of-way for use under the permit; new text end

new text begin (2) place the force main within the backslope of the road authority's right-of-way where possible; new text end

new text begin (3) place pumping equipment outside the road authority's right-of-way; and new text end

new text begin (4) meet all of the permit requirements identified by the road authority. new text end

new text begin (c) Once the road authority has issued a permit, the property owner or occupant may install the force main over the length of the right-of-way from the permittee's property to where the manure will be applied, irrespective of whether the permittee is the owner or occupant of all property abutting the portion of the right-of-way where the force main is to be installed. new text end

Sec. 8.

Minnesota Statutes 2014, section 161.231, is amended to read:

161.231 APPROPRIATION; PROCEEDS FROM deleted text begin LEASEDdeleted text end new text begin STATE new text end PROPERTY.

There is appropriated annually from the fund or account in the state treasury to which the deleted text begin rentaldeleted text end money fromnew text begin the sale, lease, conveyance, or disposal ofnew text end state deleted text begin leaseddeleted text end property is credited a sufficient amount of money to carry out the state's obligations under the provisions of sectionsnew text begin 15.16, 117.135, 117.226, 161.16, 161.202,new text end 161.23, subdivision 3, new text begin 161.24, 161.241, 161.43, 161.433, 161.44, 161.442,new text end and 272.68, subdivision 3new text begin , including the inventorying, marketing, and property management activities required to sell, lease, rent, permit, convey, or otherwise dispose of the land or the interest in the land. At the discretion of the commissioner of transportation, money in the account at the end of each biennium may cancel to the trunk highway fundnew text end .

Sec. 9.

Minnesota Statutes 2014, section 161.321, subdivision 2a, is amended to read:

Subd. 2a.

Small targeted group business; subcontracting goals.

(a) The commissionerdeleted text begin , as a condition of awarding a construction contract,deleted text end may set goals deleted text begin that require thedeleted text end new text begin for targeted group business participation in contracts. As a condition of award, thenew text end prime contractor new text begin is required new text end to deleted text begin subcontract portions of the contract to small targeted group businesses. Prime contractors must demonstrate good faith efforts to meet the project goals.deleted text end deleted text begin The commissioner shall establish a procedure for granting waivers from the subcontracting requirement when qualified small targeted group businesses are not reasonably availabledeleted text end new text begin either meet the goal or demonstrate good faith efforts to meet the goal. The commissioner must establish a procedure for evaluating the good faith efforts of contractors that do not meet the goalnew text end . The commissioner may establish (1) financial incentives for prime contractors who exceed the goals set for the use of subcontractors under this subdivision; and (2) sanctions for prime contractors who fail to make good faith efforts to meet the goals set under this subdivision.

(b) The small targeted group business subcontracting requirements of this subdivision do not apply to prime contractors who are small targeted group businesses.

Sec. 10.

Minnesota Statutes 2014, section 161.321, subdivision 2c, is amended to read:

Subd. 2c.

Veteran-owned small business; subcontracting goals.

(a) The commissionerdeleted text begin , as a condition of awarding a construction contract,deleted text end may set goals deleted text begin that require the prime contractor to subcontract portions of the contract to veteran-owned small businessesdeleted text end new text begin for veteran-owned small business participation in contractsnew text end , except when prohibited by federal law or rule as a condition of receiving federal funds. new text begin As a condition of award, the new text end prime deleted text begin contractorsdeleted text end new text begin contractornew text end must new text begin either meet the goal or new text end demonstrate good faith efforts to meet the deleted text begin projectdeleted text end goals. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish a procedure for deleted text begin granting waivers from the subcontracting requirement when qualified veteran-owned small businesses are not reasonably availabledeleted text end new text begin evaluating the good faith efforts of contractors that do not meet the goalnew text end . The commissioner may establish (1) financial incentives for prime contractors who exceed the goals set for the use of subcontractors under this subdivision; and (2) sanctions for prime contractors who deleted text begin have not been granted a waiver anddeleted text end fail to new text begin make good faith efforts to new text end meet goals set under this subdivision.

(b) The subcontracting requirements of this subdivision do not apply to prime contractors who are veteran-owned small businesses.

Sec. 11.

Minnesota Statutes 2014, section 161.321, subdivision 4, is amended to read:

Subd. 4.

Contract awards, limitations.

deleted text begin Contracts awarded pursuant to this section are subject to all limitations contained in rules adopted bydeleted text end new text begin The commissioner may elect to subject contracts awarded under this section to limitations contained in rules adopted by new text end the commissioner of administration.

Sec. 12.

Minnesota Statutes 2014, section 162.07, subdivision 1a, is amended to read:

Subd. 1a.

Apportionment sum and excess sum.

(a) For purposes of this subdivision, "distribution amount" means the amount identified in section 162.06, subdivision 1, after the deductions provided for in section 162.06 for administrative costs, disaster account, research account, and state park road account.

(b) The apportionment sum is calculated deleted text begin by subtracting the excess sum, as calculated in paragraph (c), fromdeleted text end new text begin as 68 percent ofnew text end the distribution amount.

(c) The excess sum is calculated as deleted text begin the sum of revenue withindeleted text end new text begin 32 percent ofnew text end the distribution amountdeleted text begin :deleted text end new text begin .new text end

deleted text begin (1) attributed to that portion of the gasoline excise tax rate under section 296A.07, subdivision 3, in excess of 20 cents per gallon, and to that portion of the excise tax rates in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon for E85 and M85 under section 296A.07, subdivision 3, and special fuel under section 296A.08, subdivision 2; deleted text end

deleted text begin (2) attributed to a change in the passenger vehicle registration tax under section 168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal year 2008, multiplied by (ii) the annual average United States Consumer Price Index for the calendar year previous to the current calendar year, divided by the annual average United States Consumer Price Index for calendar year 2007; and deleted text end

deleted text begin (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the percentage allocated to the county state-aid highway fund in fiscal year 2007. deleted text end

deleted text begin (d) For purposes of this subdivision, the United States Consumer Price Index identified in paragraph (c) is for all urban consumers, United States city average, as determined by the United States Department of Labor. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, for distribution calculations on or after that date. new text end

Sec. 13.

new text begin [162.145] SMALL CITIES ASSISTANCE. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the meanings given them. new text end

new text begin (b) "Eligible city" means a statutory or home rule charter city that does not receive municipal state aid under sections 162.09 to 162.14 in the calendar year in which funds are distributed under this section. new text end

new text begin (c) "Maximum aid" means 3.5 multiplied by the unweighted average amount of assistance to a city in a fiscal year. new text end

new text begin (d) "Population" means the most recent population estimated or established as of 30 days before the date of an allocation under subdivision 4, of (i) the most recent federal census, (ii) a special census conducted under contract with the United States Bureau of the Census, (iii) a population estimate made by the Metropolitan Council pursuant to section 473.24, or (iv) a population estimate of the state demographer made pursuant to section 4A.02. new text end

new text begin (e) "State-aid adjustment factor" means the greater of zero, or: new text end

new text begin (1) 0.005; minus new text end

new text begin (2) the number of lane miles of county state-aid highway in a city, divided by the total number of lane miles of county state-aid highway in all eligible cities. new text end

new text begin (f) "Total population" means the sum of populations of all eligible cities. new text end

new text begin Subd. 2. new text end

new text begin Small cities assistance account. new text end

new text begin A small cities assistance account is created in the special revenue fund. The account consists of funds as provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account may only be expended as provided under this section. new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin (a) Subject to funds made available by law, the commissioner shall allocate all funds as provided in subdivision 4 and shall notify the commissioner of revenue. new text end

new text begin (b) Following notification from the commissioner of transportation, the commissioner of revenue shall distribute the specified funds to cities in the same manner as local government aid under chapter 477A. An appropriation to the commissioner of transportation under this section is available to the commissioner of revenue for the purposes specified in this paragraph. new text end

new text begin (c) Notwithstanding other law to the contrary, in order to receive distributions under this section, a city must conform to the standards in section 477A.017, subdivision 2. A city that receives funds under this section must make and preserve records necessary to show that the funds are spent in compliance with subdivision 4. new text end

new text begin Subd. 4. new text end

new text begin Distribution formula. new text end

new text begin (a) In each fiscal year in which funds are available under this section, the commissioner shall allocate funds to eligible cities. new text end

new text begin (b) The preliminary aid to each city is calculated as follows: new text end

new text begin (1) 5 percent of funds allocated equally among all eligible cities; new text end

new text begin (2) 35 percent of funds allocated proportionally based on each city's share of lane miles of municipal streets compared to total lane miles of municipal streets of all eligible cities; new text end

new text begin (3) 35 percent of funds allocated proportionally based on each city's share of population compared to total population of all eligible cities; and new text end

new text begin (4) 25 percent of funds allocated proportionally based on each city's share of state-aid adjustment factor compared to the sum of state-aid adjustment factors of all eligible cities. new text end

new text begin (c) The final aid to each city is calculated as the lesser of: new text end

new text begin (1) the preliminary aid to the city multiplied by an aid factor; or new text end

new text begin (2) the maximum aid. new text end

new text begin (d) The commissioner shall set the aid factor under paragraph (c), which must be the same for all eligible cities, so that the total funds allocated under this subdivision equals the total amount available for the fiscal year. new text end

new text begin Subd. 5. new text end

new text begin Use of funds. new text end

new text begin (a) Funds distributed under this section are available only for construction and maintenance of roads located within the city, including: new text end

new text begin (1) land acquisition, environmental analysis, design, engineering, construction, reconstruction, and maintenance; new text end

new text begin (2) road projects partially located within the city; new text end

new text begin (3) projects on county state-aid highways located within the city; and new text end

new text begin (4) cost participation on road projects under the jurisdiction of another unit of government. new text end

new text begin (b) Except for projects under paragraph (a), clause (3), funds distributed under this section are not subject to state-aid requirements under this chapter, including but not limited to engineering standards adopted by the commissioner in rules. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 14.

Minnesota Statutes 2014, section 168.013, subdivision 1d, is amended to read:

Subd. 1d.

Trailer.

(a) On trailers registered at a gross vehicle weight of greater than 3,000 pounds, the annual tax is based on total gross weight and is 30 percent of the Minnesota base rate prescribed in subdivision 1e, when the gross weight is 15,000 pounds or less, and when the gross weight of a trailer is more than 15,000 pounds, the tax for the first eight years of vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and during the ninth and succeeding years of vehicle life the tax is 75 percent of the Minnesota base rate prescribed by subdivision 1enew text begin . A trailer registered at a gross vehicle weight greater than 3,000 pounds but no greater than 7,200 pounds may be taxed either: (1) annually as provided in this paragraph; or (2) once every three years on the basis of total gross weight and is 90 percent of the Minnesota base rate prescribed in subdivision 1e, provided that the filing fee under section 168.33, subdivision 7, paragraph (a), is multiplied by three, with funds collected by the commissioner allocated proportionally in the same manner as provided in section 168.33, subdivision 7, paragraph (e)new text end .

(b) Farm trailers with a gross weight in excess of 10,000 pounds and as described in section 168.002, subdivision 8, are taxed as farm trucks as prescribed in subdivision 1c.

(c) Effective on and after July 1, 2001, trailers registered at a gross vehicle weight of 3,000 pounds or less must display a distinctive plate. The registration on the license plate is valid for the life of the trailer only if it remains registered at the same gross vehicle weight. The onetime registration tax for trailers registered for the first time in Minnesota is $55. For trailers registered in Minnesota before July 1, 2001, and for which:

(1) registration is desired for the remaining life of the trailer, the registration tax is $25; or

(2) permanent registration is not desired, the biennial registration tax is $10 for the first renewal if registration is renewed between and including July 1, 2001, and June 30, 2003. These trailers must be issued permanent registration at the first renewal on or after July 1, 2003, and the registration tax is $20.

For trailers registered at a gross weight of 3,000 pounds or less before July 1, 2001, but not renewed until on or after July 1, 2003, the registration tax is $20 and permanent registration must be issued.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to taxes payable for a registration period starting on or after January 1, 2016. new text end

Sec. 15.

Minnesota Statutes 2014, section 168.013, subdivision 1g, is amended to read:

Subd. 1g.

Recreational vehicle.

(a) Self-propelled recreational vehicles deleted text begin shalldeleted text end new text begin must new text end be separately licensed and taxed annually on the basis of total gross weight deleted text begin anddeleted text end new text begin .new text end The tax deleted text begin shalldeleted text end new text begin mustnew text end be graduated according to the Minnesota base rate schedule prescribed in subdivision 1e, but in no event less than $20, except as otherwise provided in this subdivision.

(b) For all self-propelled recreational vehicles, the tax for the ninth and succeeding years of vehicle life deleted text begin shall bedeleted text end new text begin isnew text end 75 percent of the tax imposed in the Minnesota base rate schedule.

(c) Towed recreational vehicles deleted text begin shalldeleted text end new text begin mustnew text end be separately licensed and taxed new text begin under either one of the following, as determined by the vehicle owner: (1) new text end annually on the basis of total gross weight at 30 percent of the Minnesota base rate prescribed in subdivision 1e deleted text begin butdeleted text end new text begin ; or (2) once every three years on the basis of total gross weight at 90 percent of the Minnesota base rate prescribed in subdivision 1e, provided that the filing fee under section 168.33, subdivision 7, paragraph (a), is multiplied by three, with funds collected by the commissioner allocated proportionally in the same manner as provided in section 168.33, subdivision 7, paragraph (e). new text end In no event new text begin is the tax under this paragraph new text end less than $5.

(d) Notwithstanding any law to the contrary, all trailers and semitrailers taxed pursuant to this section deleted text begin shall bedeleted text end new text begin arenew text end exempt from any wheelage tax now or hereafter imposed by any political subdivision or political subdivisions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, and applies to taxes payable for a registration period starting on or after January 1, 2016. new text end

Sec. 16.

Minnesota Statutes 2014, section 168.053, subdivision 1, is amended to read:

Subdivision 1.

Application; fee; penalty.

Any person, firm, or corporation new text begin with a business located in Minnesota new text end engaged in the business of transporting motor vehicles owned by another, by delivering, by drive-away or towing methods, either singly or by means of the full mount method, the saddle mount method, the tow bar method, or any other combination thereof, and under their own power, vehicles over the highways of the state from the manufacturer or any other point of origin, to any point of destination, within or without the state, shall make application to the registrar for a drive-away in-transit license. This application for annual license shall be accompanied by a registration fee of $250 and contain information the registrar may require. Upon the filing of the application and the payment of the fee, the registrar shall issue to each drive-away operator a drive-away in-transit license plate, which must be carried and displayed on the power unit consistent with section 169.79 and the plate shall remain on the vehicle while being deleted text begin operated within Minnesotadeleted text end new text begin transportednew text end . The license plate issued under this subdivision is not valid for the purpose of permanent vehicle registration deleted text begin and is not valid outside Minnesotadeleted text end . Additional drive-away in-transit license plates desired by any drive-away operator may be secured from the registrar of motor vehicles upon the payment of a fee of $5 for each set of additional license plates. Any person, firm, or corporation engaging in the business as a drive-away operator, of transporting and delivering by means of full mount method, the saddle mount method, the tow bar method, or any combination thereof, and under their own power, motor vehicles, who fails or refuses to file or cause to be filed an application, as is required by law, and to pay the fees therefor as the law requires, shall be found guilty of violating the provisions of sections 168.053 to 168.057; and, upon conviction, fined not less than $50, and not more than $100, and all costs of court. Each day so operating without securing the license and plates as required shall constitute a separate offense.

Sec. 17.

Minnesota Statutes 2014, section 168.1299, subdivision 1, is amended to read:

Subdivision 1.

Issuance.

Notwithstanding section 168.1293, the commissioner shall issue special Minnesota golf plates or a single motorcycle plate to an applicant who:

(1) is a registered owner of a passenger automobile, one-ton pickup truck, motorcycle, or recreational vehicle;

(2) pays a fee of $10 and any other fees required by this chapter;

(3) contributes a minimum of $30 annually deleted text begin after January 1, 2017,deleted text end to the Minnesota Section PGA Foundation account; and

(4) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, and applies to plates issued on or after that date. new text end

Sec. 18.

Minnesota Statutes 2014, section 168.33, subdivision 7, is amended to read:

Subd. 7.

Filing fees; allocations.

(a) In addition to all other statutory fees and taxes, a filing fee of:

(1) $6 is imposed on every vehicle registration renewal, excluding pro rate transactions; and

(2) $10 is imposed on every other type of vehicle transaction, including new text begin motor carrier fuel licenses under sections 168D.05 and 168D.06, and new text end pro rate transactions.

(b) Notwithstanding paragraph (a):

(1) a filing fee may not be charged for a document returned for a refund or for a correction of an error made by the Department of Public Safety, a dealer, or a deputy registrar; and

(2) no filing fee or other fee may be charged for the permanent surrender of a title for a vehicle.

(c) The filing fee must be shown as a separate item on all registration renewal notices sent out by the commissioner.

(d) The statutory fees and taxes, and the filing fees imposed under paragraph (a) may be paid by credit card or debit card. The deputy registrar may collect a surcharge on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit card or debit card transaction, in accordance with emergency rules established by the commissioner of public safety. The surcharge must be used to pay the cost of processing credit and debit card transactions.

(e) The fees collected under this subdivision by the department must be allocated as follows:

(1) of the fees collected under paragraph (a), clause (1):

(i) $4.50 must be deposited in the vehicle services operating account; and

(ii) $1.50 must be deposited:

(A) in the driver and vehicle services technology account until sufficient funds have been deposited in that account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system; and

(B) after completion of the deposit of funds under subitem (A) in the vehicle services operating account; and

(2) of the fees collected under paragraph (a), clause (2):

(i) $3.50 must be deposited in the general fund;

(ii) $5.00 must be deposited in the vehicle services operating account; and

(iii) $1.50 must be deposited:

(A) in the driver and vehicle services technology account until sufficient funds have been deposited in that account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system; and

(B) after completion of the deposit of funds under subitem (A) in the vehicle services operating account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 19.

Minnesota Statutes 2014, section 168A.07, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Fees. new text end

new text begin The filing fee to create a conditional registration shall conform with the fee provided in section 168.33, subdivision 7, paragraph (a), clause (3). A subsequent removal and clearing of a conditional registration is considered a separate transaction and requires payment of an additional filing fee of the same amount, provided the removal and clearing was initiated by a motor vehicle dealer licensed under section 168.27. new text end

Sec. 20.

Minnesota Statutes 2014, section 168D.06, is amended to read:

168D.06 FUEL LICENSE FEES.

License fees paid to the commissioner under the International Fuel Tax Agreement must be deposited in the vehicle services operating account in the special revenue fund under section 299A.705. The commissioner shall charge an annual fuel license fee of $15, deleted text begin anddeleted text end an annual application filing fee of $13 for quarterly reporting of fuel taxnew text begin , and a reinstatement fee of $100 to reinstate a revoked International Fuel Tax Agreement licensenew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 21.

Minnesota Statutes 2014, section 169.18, subdivision 12, is amended to read:

Subd. 12.

Passing certain parked vehicles.

(a) When approaching and before passing a freeway service patrolnew text begin vehiclenew text end , road maintenancenew text begin vehicle, utility company vehiclenew text end , or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane farthest away from the new text begin parked or stopped new text end vehicle, if it is possible to do so.

(b) When approaching and before passing a freeway service patrolnew text begin vehiclenew text end , road maintenancenew text begin vehicle, utility company vehiclenew text end , or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.

Sec. 22.

Minnesota Statutes 2014, section 169.475, subdivision 2, is amended to read:

Subd. 2.

Prohibition on usenew text begin ; penaltynew text end .

new text begin (a) new text end No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

new text begin (b) A person who violates paragraph (a) a second or subsequent time must pay a fine of $225, plus the amount specified in the uniform fine schedule established by the Judicial Council. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to violations committed on or after that date. new text end

Sec. 23.

Minnesota Statutes 2014, section 169.49, is amended to read:

169.49 HEADLAMPS.

(a) Every motor vehicledeleted text begin ,deleted text end other than a motorcycledeleted text begin , shalldeleted text end new text begin mustnew text end be equipped with at least two headlamps, deleted text begin withdeleted text end new text begin includingnew text end at least one on each side of the front of the motor vehicledeleted text begin , whichdeleted text end new text begin .new text end Headlamps deleted text begin shalldeleted text end new text begin mustnew text end comply with the requirements and limitations set forth in sections 169.47 to deleted text begin 169.79deleted text end new text begin 169.66new text end .

(b) Every motorcycle deleted text begin shalldeleted text end new text begin mustnew text end be equipped with at least one and not more than deleted text begin twodeleted text end new text begin fournew text end headlamps, which deleted text begin shalldeleted text end new text begin mustnew text end comply with the requirements and limitations of sections 169.47 to deleted text begin 169.79deleted text end new text begin 169.66new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 24.

Minnesota Statutes 2014, section 169.782, subdivision 1, is amended to read:

Subdivision 1.

Driver; daily inspectionnew text begin ,new text end report.

(a) The driver of a commercial motor vehicle shall deleted text begin report in writing at the completion of each day's work ondeleted text end new text begin inspect daily new text end each commercial motor vehicle the driver has operated. A person who owns one or more commercial motor vehicles and who employs drivers for those commercial motor vehicles must require each driver to submit a written report new text begin at the completion of each day's work new text end as required by this section.new text begin The driver of a commercial motor vehicle subject to this section is not required to prepare and submit a written report if no defect or deficiency is discovered by or reported to the driver, except that the driver of a passenger-carrying commercial motor vehicle shall prepare and submit a written report regardless of whether any defect or deficiency is discovered by or reported to the driver.new text end

new text begin (b)new text end Thenew text begin inspection andnew text end report must cover the following parts and accessories: service brakes, including trailer and semitrailer brake connections; parking (hand) brake; steering mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear vision mirror or mirrors; coupling devices; wheels and rims; and emergency equipment.

deleted text begin (b)deleted text end new text begin (c)new text end The report must identify the vehicle and list any defect or deficiency discovered by or reported to the driver that would affect the safe operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered by or reported to the driver, the report must so indicate. The driver must sign the report after completing it. In the case of a commercial motor vehicle operated by two drivers, the signature of one of the drivers satisfies the requirements of this subdivision if both drivers agree concerning the defects or deficiencies. If a driver operates more than one commercial motor vehicle during a day's work, a report must be prepared for each vehicle operated.

deleted text begin (c)deleted text end new text begin (d)new text end Before operating or allowing the operation of a commercial motor vehicle on which a report has been prepared under this subdivision, the owner of the vehicle or the owner's agent must repair defects or deficiencies listed on the report that would likely affect the safe operation of the vehicle. Before allowing the commercial motor vehicle to be operated again, the owner or the owner's agent must certify, on the report listing the defect or deficiency, that the defect or deficiency has been corrected or that correction is unnecessary. A motor carrier must keep the original vehicle inspection report for at least three months after the date of inspection. The report must be available for inspection by an authorized federal, state, or local official at any time during this period.

deleted text begin (d)deleted text end new text begin (e)new text end A copy of the vehicle inspection report, including a certification of corrections resulting from the report, must be carried in the commercial motor vehicle, or in the power unit of a commercial motor vehicle combination, at all times when the vehicle or power unit is operated until the next inspection report is completed under this subdivision. The copy must be made available on demand to (1) a peace officer, (2) a person authorized under section 221.221, and (3) a person described in section 299D.06.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 25.

Minnesota Statutes 2014, section 169.782, subdivision 2, is amended to read:

Subd. 2.

Driver; pretrip inspection.

(a) deleted text begin Before drivingdeleted text end new text begin Prior to the first operation ofnew text end a commercial motor vehiclenew text begin following completion of a daily inspection report under subdivision 1new text end , a driver must:

(1) review the most recent vehicle inspection report on the vehicle;

(2) determine that the vehicle is in safe operating condition; and

(3) sign the inspection report in the vehicle.

new text begin (b) new text end The driver shall sign the report only if all defects and deficiencies listed in the report have been certified as having been corrected or as not requiring correction.

deleted text begin (b) If the commercial motor vehicle does not contain the previous day's inspection report, the driver must make the inspection and complete the report required under subdivision 1. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 26.

Minnesota Statutes 2014, section 169.782, subdivision 4, is amended to read:

Subd. 4.

Exceptions.

(a) deleted text begin With the exception of subdivision 2, paragraph (a), clause (2),deleted text end This section does not apply to a commercial motor vehicle that is a farm truck that may be operated by a person not holding a commercial driver's licensenew text begin , provided that before driving the vehicle, a driver must determine that the vehicle is in safe operating conditionnew text end .

(b) This section does not apply to a commercial motor vehicle held for resale by a motor vehicle dealer licensed under section 168.27.

(c) This section does not apply to a covered farm vehicle as defined in Code of Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with Code of Federal Regulations, title 49, section 172.504.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 27.

Minnesota Statutes 2014, section 169.798, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Attestation ofdeleted text end Insurance new text begin information new text end required.

Every owner, when applying for motor vehicle or motorcycle registration, reregistration, or transfer of ownership, must deleted text begin attestdeleted text end new text begin provide information showing new text end that the motor vehicle or motorcycle is covered by an insurance policy.new text begin Information required under this subdivision consists of the insurance company's name, the policy number, and the policy expiration date for the subject motor vehicle or motorcycle.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, and applies to registrations, reregistrations, and transfers of ownership occurring on or after that date. new text end

Sec. 28.

Minnesota Statutes 2014, section 169.81, is amended by adding a subdivision to read:

new text begin Subd. 3f. new text end

new text begin Length limits exclusion; aerodynamic device. new text end

new text begin An aerodynamic device that meets the requirements under Code of Federal Regulations, title 23, section 658.16 (b)(4), is excluded from each calculation of length under subdivision 2, 3, or 3c, including (1) total vehicle length; and (2) length of a semitrailer or trailer, whether in a vehicle combination or not. new text end

Sec. 29.

Minnesota Statutes 2014, section 169.87, subdivision 6, is amended to read:

Subd. 6.

Recycling and garbage vehicles.

(a) Except as provided in paragraph (b), weight restrictions imposed under subdivisions 1 and 2 do not apply to a vehicle that does not exceed 20,000 pounds per single axle and is designed and used exclusively for recycling, while engaged in recycling in a political subdivision that mandates curbside recycling pickup.

(b) Weight restrictions imposed under subdivisions 1 and 2 do not apply tonew text begin :new text end (1) a vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for recycling as described in paragraph (a)deleted text begin , ordeleted text end new text begin ;new text end (2) a vehicle that does not exceed 14,000 pounds per single axle and is designed and used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03, subdivision 21, while engaged in such collectionnew text begin ; or (3) a portable toilet service vehicle that does not exceed 14,000 pounds per single axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for collecting liquid waste from portable toilets, while engaged in such collectionnew text end .

(c) Notwithstanding section 169.80, subdivision 1, a violation of weight restrictions imposed under subdivisions 1 and 2 by a vehicle designed and used exclusively for recycling while engaged in recycling in a political subdivision that mandates curbside recycling pickup while engaged in such collection, deleted text begin ordeleted text end by a vehicle that is designed and used exclusively for collecting mixed municipal solid waste as defined in section 115A.03, subdivision 21, while engaged in such collection, new text begin or by a portable toilet service vehicle that is designed and used exclusively for collecting liquid waste from portable toilets, while engaged in such collection, new text end is not subject to criminal penalties but is subject to a civil penalty for excess weight under section 169.871.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 30.

Minnesota Statutes 2014, section 173.02, is amended by adding a subdivision to read:

new text begin Subd. 18a. new text end

new text begin Electronic advertising device. new text end

new text begin (a) "Electronic advertising device" means an advertising device capable of displaying digital content that can be changed through messaging or electronic communications technology. new text end

new text begin (b) Digital content consists of static text and images only, and does not include animation, flashing or moving lights, video, or other content having the appearance of movement. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 31.

Minnesota Statutes 2014, section 173.15, is amended to read:

173.15 PROHIBITED ADVERTISING DEVICES.

new text begin (a) new text end After June 8, 1971 no advertising device shall be erected or maintained:

(1) which purports to be or resembles an official traffic-control device, sign, or signal, or railroad sign or signal; or which hides from view or interferes in any material degree with the effectiveness of any traffic-control device, sign, or signal, or railroad sign or signal, or which obstructs or interferes with the driver's view of approaching, merging, or intersecting traffic for a distance not to exceed 500 feet;

(2) which prominently displays the word "stop" or "danger";

(3) which contains statements, words, or pictures of an obscene, indecent, or immoral character, or such as would offend public morals or decency;

(4) on any right-of-way of the interstate system of highways, except as otherwise provided by law or allowed by the commissioner;

(5) on private land without the consent of the owner or occupant thereof;

(6) on trees, shrubs, or which are painted or drawn upon rocks or natural features, or on public utility poles;

(7) which has distracting flashing or moving lights so designed or lighted as to be a traffic hazard;

(8) to which access can be obtained only from an interstate main-traveled way but excluding frontage roads adjacent thereto;

(9) which are structurally unsafe, are in disrepair, or are abandoned.

new text begin (b) The prohibition under paragraph (a), clause (7), does not include an electronic advertising device that changes displayed digital content no more frequently than once every six seconds. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 32.

Minnesota Statutes 2014, section 174.40, is amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Eligibility. new text end

new text begin A statutory or home rule charter city, county, or town is eligible to receive funding under this section only if it has adopted subdivision regulations that require safe routes to school infrastructure in developments authorized on or after June 1, 2016. new text end

Sec. 33.

Minnesota Statutes 2014, section 219.76, is amended to read:

219.76 deleted text begin FIREdeleted text end new text begin DAMAGE new text end CAUSED BY deleted text begin ENGINEdeleted text end new text begin TRAIN OR CONTENTSnew text end ; INSURABLE INTEREST.

A railroad deleted text begin corporation owning ordeleted text end operating deleted text begin a railroaddeleted text end in this state is responsible in damages to every person new text begin who is injured new text end and deleted text begin corporationdeleted text end new text begin public or private entity or person new text end whose property is injurednew text begin , damaged,new text end or destroyed by fire deleted text begin communicateddeleted text end new text begin spread new text end directly or indirectly by the locomotive deleted text begin enginesdeleted text end new text begin or rolling stock new text end in use upon its railroad linenew text begin , or contents of the rolling stock, or caused directly or indirectly by spill, tear, discharge, or combustion of train contentsnew text end . Each railroad deleted text begin corporationdeleted text end shall have an insurable interest in the property upon the route of its railroad line and may procure insurance in its own behalf for its protection against the damages.

Sec. 34.

Minnesota Statutes 2014, section 219.761, is amended to read:

219.761 deleted text begin EXTINGUISHING LOCOMOTIVEdeleted text end new text begin RESPONSE TO TRAIN-RELATEDnew text end FIREnew text begin OR OTHER EMERGENCYnew text end ; REIMBURSEMENT.

Subdivision 1.

Reimbursement.

new text begin (a)new text end A railroad operating in Minnesota is liable for all reasonable expenses of deleted text begin extinguishment whendeleted text end a fire or deleted text begin fire hazarddeleted text end new text begin othernew text end emergency new text begin that new text end is proximately caused by a railroad locomotive, rolling stock new text begin or its contentsnew text end , or employees on a railroad right-of-way deleted text begin ordeleted text end new text begin ,new text end operating propertynew text begin , or other propertynew text end . If deleted text begin the fire department deleted text end deleted text begin of a local government or nonprofit firefighting corporation extinguishesdeleted text end new text begin an emergency responder, local government entity, or nonprofit firefighting corporation responds tonew text end a fire deleted text begin arising from one occurrencedeleted text end new text begin or responds to another emergency new text end and deems that it is entitled to reimbursement for its expenses, it shall, within 60 days after the first full day after deleted text begin extinguishmentdeleted text end new text begin the emergency responsenew text end , give the railroaddeleted text begin , by mail,deleted text end written notice stating the circumstances of the fire new text begin or other emergency new text end as then known. The notice may be given to the railroad at any address at which the owner has an office, agent, or other place of business in this state. The date of the mailing is the date or service of the notice.new text begin For purposes of this paragraph, reasonable response expenses include all expenses incurred by a fire department or other emergency responder in supplying mutual aid assistance, regardless of whether the fire department or emergency responder is entitled to reimbursement from the entity requesting assistance.new text end

new text begin (b) new text end If after notice and claim for reimbursement, the railroad deleted text begin working the right-of-way deleted text end refuses to reimburse the local governmentnew text begin ,new text end or nonprofit firefighting corporationnew text begin , or other emergency responders new text end for expenses incurred, the claimant may recover by civil action reasonable expenses, costs, disbursements, and attorney's fees.

Subd. 2.

Information in claim.

All claims must set forth the basis of the claim including the time, date, place, and circumstances of the claim. A claim must also include an itemization of costs incurred to extinguish the firenew text begin or respond to the emergencynew text end . The state Fire Marshal, in consultation with fire department chiefs deleted text begin anddeleted text end new text begin ,new text end representatives of the interested railroadsnew text begin , representatives of local government entities, nonprofit firefighting corporations, and other emergency respondersnew text end , may recommend that additional information be included in a claim.

Subd. 3.

Other costs, remedies.

(a) If the railroads are required to pay property taxes pursuant to chapter 272 or any other law, they shall also pay the fees and assessments required of property owners situated within the same political subdivision for firefighting and protection expenses.

(b) Neither the enactment of this section nor its subsequent repeal or termination alters the statutory or common law rights, duties, or obligations of railroad companies with regard to fires new text begin and other emergencies new text end caused directly or indirectly by a railroad locomotive, rolling stock, new text begin contents, new text end or new text begin railroad new text end employees on a railroad right-of-way deleted text begin ordeleted text end new text begin , new text end operating propertynew text begin , or other property, or caused directly or indirectly by spill, tear, discharge, or combustion of train contentsnew text end .

Sec. 35.

Minnesota Statutes 2014, section 221.031, is amended by adding a subdivision to read:

new text begin Subd. 9a. new text end

new text begin Federal out-of-service order; operation prohibited. new text end

new text begin No intrastate carrier, private carrier engaged in intrastate commerce, or person providing intrastate transportation service described in section 221.025 shall operate a commercial motor vehicle in Minnesota while a motor carrier out-of-service order issued by the Federal Motor Carrier Safety Administration under Code of Federal Regulations, title 49, part 385 or 386, is in effect. new text end

Sec. 36.

Minnesota Statutes 2014, section 221.605, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Federal out-of-service order; operation prohibited. new text end

new text begin No interstate carrier or private carrier engaged in interstate commerce shall operate a commercial motor vehicle in Minnesota while a motor carrier out-of-service order issued by the Federal Motor Carrier Safety Administration under Code of Federal Regulations, title 49, part 385 or 386, is in effect. new text end

Sec. 37.

Minnesota Statutes 2014, section 222.50, subdivision 7, is amended to read:

Subd. 7.

Expenditures.

(a) The commissioner may expend money from the rail service improvement account for the following purposes:

(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program;

(2) to pay a portion of the costs of capital improvement projects designed to improve rail service of a rail user or a rail carrier;

(3) to pay a portion of the costs of rehabilitation projects designed to improve rail service of a rail user or a rail carrier;

(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program;

(5) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track;

(6) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A;

(7) to pay the state matching portion of federal grants for rail-highway grade crossing improvement projects;

(8) for expenditures made before July 1, 2017, to pay the state matching portion of grants under the federal Transportation Investment Generating Economic Recovery (TIGER) program of the United States Department of Transportation; deleted text begin anddeleted text end

(9) to fund rail planning studiesnew text begin ; andnew text end

new text begin (10) to pay a portion of the costs of capital improvement projects designed to improve capacity or safety at rail yardsnew text end .

(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account.

Sec. 38.

Minnesota Statutes 2014, section 299A.465, subdivision 2, is amended to read:

Subd. 2.

Officer or firefighter killed in line of duty.

(a) This subdivision applies when a peace officer deleted text begin ordeleted text end new text begin ,new text end firefighternew text begin , or volunteer firefighter new text end is killed while on duty and discharging the officer's deleted text begin ordeleted text end new text begin ,new text end firefighter'snew text begin , or volunteer firefighter's new text end duties as a peace officer deleted text begin ordeleted text end new text begin , new text end firefighternew text begin , or volunteer firefighternew text end .

(b) The officer's or firefighter's employer shall continue to cover the deceased officer's or firefighter's dependents, including the officer's or firefighter's spouse:

(1) if the officer deleted text begin ordeleted text end new text begin ,new text end firefighternew text begin , or volunteer firefighter new text end was receiving dependent coverage at the time of the officer's deleted text begin ordeleted text end new text begin ,new text end firefighter'snew text begin , or volunteer firefighter's new text end death under the employer's group health plan; or

(2) if the officer's deleted text begin ordeleted text end new text begin ,new text end firefighter'snew text begin , or volunteer firefighter's new text end spouse was not covered as a dependent at the time of the officer's deleted text begin ordeleted text end new text begin ,new text end firefighter'snew text begin , or volunteer firefighter's new text end death, but at that time was eligible, or afterward becomes eligible, to be a dependent on the employer's group health plan.

(c) The employer is responsible for the employer's contribution for the coverage of the officer's deleted text begin ordeleted text end new text begin ,new text end firefighter'snew text begin , or volunteer firefighter's new text end dependents. new text begin Subject to subdivision 5, paragraph (b), clause (2), new text end coverage must continue for a dependent of the officer deleted text begin ordeleted text end new text begin , new text end firefighter deleted text begin for the period of time that the person is a dependent up to the age of 65deleted text end new text begin , or volunteer firefighter as follows: (1) for a surviving spouse, until the surviving spouse reaches the age of 65; and (2) for each other dependent, until the dependent reaches the age of 26, except as otherwise provided in section 62L.02, subdivision 11new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, and applies to officer, firefighter, and volunteer firefighter deaths that occur on and after the effective date. new text end

Sec. 39.

Minnesota Statutes 2014, section 299A.465, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Volunteer firefighter killed in line of duty. new text end

new text begin (a) This subdivision applies when a volunteer firefighter is killed while on duty and discharging the volunteer firefighter's duties as a volunteer firefighter and the municipality or municipalities that operate the fire department did not offer a group health insurance policy to which a volunteer firefighter was eligible to subscribe. new text end

new text begin (b) The municipality or municipalities that operate the fire department that the volunteer firefighter served with shall, until coverage terminates as provided under subdivision 2, paragraph (c), either: (1) provide health insurance coverage for the volunteer firefighter's dependents that is equivalent to the average benefit provided by the municipality or municipalities to dependents of its employees who are covered by the plan; or (2) reimburse the dependents, if the municipality or municipalities do not offer a group health insurance plan for any employees, for a minimum of 50 percent of the cost of health insurance premiums for coverage selected by the dependents. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, and applies to volunteer firefighter deaths that occur on and after the effective date. new text end

Sec. 40.

Minnesota Statutes 2014, section 299A.465, subdivision 5, is amended to read:

Subd. 5.

Definition.

For purposes of this section:

(a) "Peace officer" or "officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).

(b) "Dependent" means a person whonew text begin : (1) new text end meets the definition of dependent in section 62L.02, subdivision 11, at the time of the officer's or firefighter's injury or deathdeleted text begin . a person deleted text end new text begin , or at the time of the volunteer firefighter's death; and (2) new text end is not deleted text begin a dependent for purposes of this section during the period of time the person isdeleted text end covered under another group health plan.new text begin For purposes of this section, the term "eligible employee" as defined under section 62L.02, subdivision 13, includes a volunteer firefighter.new text end

(c) "Firefighter" has the meaning given in Minnesota Statutes 2000, section 424.03, but does not include volunteer firefighters.

new text begin (d) "Volunteer firefighter" has the meaning given in section 299N.03, subdivision 7, and includes paid per call. new text end

new text begin (e) "Fire department" has the meaning given in section 299N.03, subdivision 4. new text end

new text begin (f) For purposes of subdivisions 2 to 5a, "employer" includes a municipality or municipalities that operate the fire department in which a volunteer firefighter serves. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, and applies to officer and firefighter deaths that occur on and after the effective date. new text end

Sec. 41.

Minnesota Statutes 2014, section 299A.465, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Minimum benefit. new text end

new text begin Nothing in this section prohibits an employer from providing benefits to survivors of deceased volunteer firefighters that are greater than the benefits required under this section. new text end

Sec. 42.

Minnesota Statutes 2014, section 299D.085, subdivision 2, is amended to read:

Subd. 2.

Certificate.

No person may operate as an overdimensional load escort driver in this state without a certificate issued by the commissioner, or by a state with which the commissioner has entered into a reciprocal agreement. The commissioner shall assess a fee for each certificate applicant, calculated to cover the commissioner's cost of establishing and administering the program.new text begin No other certification is required to escort an overdimensional load.new text end

Sec. 43.

Minnesota Statutes 2014, section 299D.09, is amended to read:

299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS.

new text begin (a) new text end Fees charged for escort services provided by the State Patrol are annually appropriated to the commissioner of public safety to administer and provide these services.

new text begin (b) new text end The fee charged for services provided by the State Patrol deleted text begin with a vehicle is $79.28 an hour. The fee charged for services provided without a vehicle is $59.28 an hour deleted text end new text begin shall be set to recover actual costs as determined by the commissioner of public safety by July 1 each yearnew text end .

new text begin (c) new text end The fees charged for State Patrol flight services are $140 an hour for a fixed wing aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air in fiscal year 2012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and $454.84 an hour for the Queen Air in fiscal year 2013 and thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 44.

new text begin [299F.037] REPORTING FIREFIGHTER DEATHS. new text end

new text begin Whenever an active firefighter dies, whether or not the death is presumed to be in the line of duty, the fire chief of the deceased firefighter must report, without undue delay, the death to the state fire marshal. The notification shall identify the cause of death and contain information concerning the circumstances of the death. new text end

Sec. 45.

Minnesota Statutes 2014, section 360.305, subdivision 4, is amended to read:

Subd. 4.

Costs allocated; local contribution; hangar construction account.

(a) deleted text begin Except as otherwise provided in this subdivisiondeleted text end new text begin Annually by June 1new text end , the commissioner of transportation shall deleted text begin require as a condition of assistance by the state that thedeleted text end new text begin establish local contribution rates which will apply to anew text end political subdivision, municipality, or public corporation deleted text begin 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 costsdeleted text end new text begin when applying for state or federal funding assistance to construct, improve, maintain, or operate an airport, or to acquire land for airport facilities or clear zones. If the commissioner does not establish local contribution rates by June 1, the previous rates applynew text end .

(b) deleted text begin 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:deleted text end

deleted text begin (1) the project costs; deleted text end

deleted text begin (2) acquisition costs of the land and clear zones, which are referred to as acquisition costs. deleted text end new text begin The commissioner may pay all costs beyond the local contribution. Local contribution rates shall not be less than five percent of the total cost of the activity or acquisition, except that the commissioner may require less than five percent for research projects, radio or navigational aids, activities, or acquisitions for which federal funds are available to cover more than 90 percent of the total cost, or as otherwise necessary to respond to an emergency. new text end

(c) deleted text begin For any airport where federal, state, and local funds are to be used, the contribution shall not be less than five percent of the sum of the project costs and acquisition costs.deleted text end new text begin The commissioner's establishment of local contribution rates is not subject to the rulemaking requirements of chapter 14.new text end

deleted text begin (d) The commissioner may pay the total cost of radio and navigational aids. deleted text end

deleted text begin (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. deleted text end

deleted text begin (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. deleted text end

deleted text begin (g)deleted text end new text begin (d)new text end To receive aid under this section deleted text begin for project costs or for acquisition costsdeleted text end , 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 deleted text begin thatdeleted text end new text begin the municipality receives new text end any state funds for deleted text begin projectdeleted text end new text begin construction or improvementnew text end costs deleted text begin are received by the municipalitydeleted text end ; and

(2) for 99 years after the date deleted text begin thatdeleted text end new text begin the municipality receives new text end any state funds for new text begin land new text end acquisition costs deleted text begin are received by the municipalitydeleted text end . If any land acquired with state funds ceases to be used for aviation purposes, the municipality shall repay the state airports fund the same percentage of the appraised value of the property as that percentage of the costs of acquisition and participation provided by the state to acquire the land.

The agreement may contain other conditions as the commissioner deems reasonable.

deleted text begin (h)deleted text end new text begin (e)new text end 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. deleted text begin 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 paragraph, the construction of hangars shall include their design.deleted text end The commissioner shall transfer up to $4,400,000 from the state airports fund to the hangar construction revolving account.

deleted text begin (i)deleted text end new text begin (f)new text end The commissioner may deleted text begin pay a portion of the purchase price of anydeleted text end new text begin contribute to costs incurred by any municipality fornew text end airport maintenance andnew text begin operations,new text end safety equipmentnew text begin ,new text end and deleted text begin of the actualdeleted text end airport snow removal deleted text begin 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)deleted text end .

deleted text begin (j)deleted text end new text begin (g)new text end This subdivision applies only to project costs or acquisition costs of municipally owned airports incurred after June 1, 1971.

Sec. 46.

Minnesota Statutes 2014, section 473.146, subdivision 4, is amended to read:

Subd. 4.

Transportation planning.

(a) The Metropolitan Council is the designated planning agency for any long-range comprehensive transportation planning required by section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The council shall assure administration and coordination of transportation planning with appropriate state, regional and other agencies, counties, and municipalities.

(b) The council shall establish an advisory body consisting of citizens and representatives of municipalities, counties, and state agencies in fulfillment of the planning responsibilities of the council. The membership of the advisory body must consist of:

(1) the commissioner of transportation or the commissioner's designee;

(2) the commissioner of the Pollution Control Agency or the commissioner's designee;

(3) one member of the Metropolitan Airports Commission appointed by the commission;

(4) one person appointed by the council to represent nonmotorized transportation;

(5) one person appointed by the commissioner of transportation to represent the freight transportation industry;

(6) two persons appointed by the council to represent public transit;

(7) ten elected officials of cities within the metropolitan area, including one representative from each first-class city, appointed by the Association of Metropolitan Municipalities;

(8) one member of the county board of each county in the seven-county metropolitan area, appointed by the respective county boards;

(9) eight citizens appointed by the council, one from each council precinct; deleted text begin anddeleted text end

(10)new text begin one elected official from a city participating in the replacement service program under section 473.388, appointed by the Suburban Transit Association; andnew text end

new text begin (11)new text end one member of the council, appointed by the council.

new text begin (c) new text end The council shall appoint a chair from among the members of the advisory body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. new text end

Sec. 47.

Laws 2009, chapter 158, section 10, as amended by Laws 2012, chapter 287, article 3, section 56, and Laws 2014, chapter 255, section 20, is amended to read:

Sec. 10.

EFFECTIVE DATE.

Sections 2 and 3 are effective August 1, 2009deleted text begin , and the amendments made in sections 2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2015deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 48.

Laws 2014, chapter 312, article 10, section 11, subdivision 2, is amended to read:

Subd. 2.

Evaluation of response preparedness and funding.

By January 15, 2017, the commissioner of public safety shall submit an evaluation of safety preparedness and funding related to incidents involving transportation of oil new text begin and other hazardous materials new text end to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation and public safety policy and finance. At a minimum, the evaluation must:

(1) provide an update to the report under subdivision 1 that identifies notable changes and provides updated information as appropriate;

(2) new text begin analyze preparedness and impacts to public safety from ethanol transportation by rail, which must provide the same information with respect to ethanol as is required for oil under subdivision 1, clauses (1) to (3) and (6);new text end

new text begin (3) new text end evaluate the effectiveness of training and response preparedness activities under Minnesota Statutes, section 299A.55, using the criteria established under subdivision 1, clause (5);

deleted text begin (3)deleted text end new text begin (4) new text end identify current sources of funds, funding levels, and any unfunded needs for preparedness activities;

deleted text begin (4)deleted text end new text begin (5) new text end analyze equity in the distribution of funding sources for preparedness activities, which must include but is not limited to (i) examination of the public-private partnership financing model, and (ii) review of balance across industries involved in storage and distribution of oil; and

deleted text begin (5)deleted text end new text begin (6) new text end make recommendations for any programmatic or legislative changes.

Sec. 49.

Laws 2014, chapter 312, article 11, section 3, the effective date, is amended to read:

EFFECTIVE DATE.

Subdivisions 1 to 4 are effective January 1, 2015, for special Minnesota golf plates issued on or after that date. Subdivision 5 is effective deleted text begin January 1, 2017deleted text end new text begin July 1, 2015new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 50.

new text begin LEGISLATIVE ROUTE NO. 228 REMOVED. new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 159, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Otter Tail County to transfer jurisdiction of Legislative Route No. 228 and after the commissioner notifies the revisor of statutes under paragraph (b). new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied. new text end

Sec. 51.

new text begin LEGISLATIVE ROUTE NO. 275 REMOVED. new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 206, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Lac qui Parle County to transfer jurisdiction of Legislative Route No. 275 and after the commissioner notifies the revisor of statutes under paragraph (b). new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied. new text end

Sec. 52.

new text begin COST PARTICIPATION POLICY. new text end

new text begin The commissioner of transportation, in consultation with representatives of local units of government, shall create and adopt a policy concerning cost participation for cooperative construction projects and maintenance responsibilities between the Department of Transportation and local units of government. The policy must minimize the share of cooperative project costs to be funded by the local units of government, while complying in all respects with the state constitutional requirements concerning allowable uses of the trunk highway fund. The policy should provide and include sufficient flexibility for unique projects and locations if doing so results in a lower total project cost. The policy must be completed and adopted by the commissioner no later than March 1, 2016. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 53.

new text begin ENGINE BRAKES; REGULATION BY ST. PAUL. new text end

new text begin Notwithstanding any other law or charter provision, the governing body of the city of St. Paul may by ordinance restrict or prohibit the use of an engine brake on motor vehicles along Legislative Route No. 392, also known as marked Interstate Highway 94, between Johnson Parkway and marked Trunk Highway 52. Upon notification by the city of St. Paul to the commissioner of transportation of the city's adoption of the ordinance, the commissioner of transportation shall erect the appropriate signs, with the cost of the signs to be paid by the city. For purposes of this section, "engine brake" means any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 54.

new text begin CONCRETE DIAMOND GRINDING SLURRY. new text end

new text begin The commissioner of transportation shall not engage in a study, including under any agreement with a consultant, related to the deposit of slurry generated from highway diamond grinding on the side of roadways, unless the commissioner consults with interested representatives of the road construction and maintenance industry regarding the methodology and specifications for the study. The commissioner or a consultant operating under an agreement with the commissioner shall consult with interested representatives of the road construction and maintenance industry to evaluate methods of determining best management practices. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 55.

new text begin LEGISLATIVE REPORT ON VEHICLE TITLE TRANSFER FEE FUNDS. new text end

new text begin By November 1, 2015, the commissioner of the Pollution Control Agency shall submit a report on motor vehicle title transfer fee funds to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation and environment policy and finance. At a minimum, the report must (1) identify the annual amount of revenue from the motor vehicle title transfer fee under Minnesota Statutes, section 115A.908, over fiscal years 2012 to 2015; (2) evaluate the policy rationale for allocation of revenue from the title transfer fee; and (3) specify uses of funds from the title transfer fee, including identification of any motor vehicle, road, or bridge purposes for which funds are used. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 56.

new text begin REPORT ON DEDICATED FUND EXPENDITURES. new text end

new text begin By January 15, 2016, the commissioners of transportation and public safety, in consultation with the commissioner of management and budget, shall jointly submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance. The report must list detailed expenditures and transfers from the trunk highway fund and highway user tax distribution fund for fiscal years 2010 through 2015, and shall include information on the purpose of each expenditure. new text end

Sec. 57.

new text begin ROAD DESIGN STANDARDS. new text end

new text begin By August 15, 2016, the commissioner of transportation shall, in collaboration with city and county engineers, establish and adopt design standards and guidelines to be applied consistently to trunk highways, county state-aid highways, and municipal state-aid streets with similar characteristics. The standards and guidelines must align the state-aid standards with the Department of Transportation trunk highway standards and technical memoranda as appropriate. The commissioner shall report the adopted standards and guidelines to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation policy by August 15, 2016, and present an interim report by March 15, 2016. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 58.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2014, section 299E.02, new text end new text begin is repealed. new text end

Presented to the governor May 20, 2015

Signed by the governor May 22, 2015, 11:01 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes