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

CHAPTER 100--H.F.No. 462

An act

relating to public safety; modifying and authorizing various provisions relating to transportation, motor vehicles, and drivers; establishing requirements for meteorological towers; requiring reports;

amending Minnesota Statutes 2018, sections 160.05, subdivision 1; 161.115, subdivision 43; 168.09, subdivision 7; 168.091; 168.092; 169.09, subdivision 3; 169.451, subdivisions 2, 4, by adding a subdivision; 171.02, subdivisions 2a, 2b; 171.07, by adding a subdivision; 174.30, subdivisions 2a, 4a, 8; 299D.03, by adding a subdivision; Minnesota Statutes 2019 Supplement, sections 161.14, subdivision 94; 171.07, subdivision 6a; Laws 2019, First Special Session chapter 3, article 2, section 34, subdivision 2; article 3, section 120; Laws 2020, chapter 71, article 2, section 15, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 169; 216F; 360; repealing Minnesota Statutes 2018, sections 169.86, subdivision 3b; 174.30, subdivision 4b.

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

Section 1.

Minnesota Statutes 2018, section 160.05, subdivision 1, is amended to read:

Subdivision 1.

Six years.

new text begin (a) new text end When any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not. Nothing contained in this subdivision shall impair the right, title, or interest of the water department of any city of the first class secured under Special Laws 1885, chapter 110. This subdivision shall apply to roads and streets except platted streets within cities.new text begin If a road authority fails to give the notice required by paragraph (b), this subdivision does not apply.new text end

new text begin (b) Before a road authority may make any repairs or conduct any work on a private road as defined by section 169.011, subdivision 57, the road authority must notify the owner of the road of the intent to make repairs or conduct work on the private road. The notice must be sent to the owner by certified mail. The notice must specify the segment of road that is the subject of the notice and state the duration of the repairs or work. The notice must include the following: "Pursuant to Minnesota Statutes, section 160.05, your private road may be deemed to be dedicated to the public if the following conditions are met for six continuous years: (1) the road is used by the public; and (2) the road is repaired or worked on by a road authority. This means that the road will no longer be a private road but will be a public road. You will not receive compensation from the road authority when the road is dedicated to the public." new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2020, and applies to any repairs, maintenance, or work newly started on a private road on or after that date. This section does not apply to a road segment for which: (1) repair or work started before August 1, 2020; or (2) a road authority has continuously maintained since before August 1, 2020. new text end

Sec. 2.

Minnesota Statutes 2018, section 161.115, subdivision 43, is amended to read:

Subd. 43.

Route No. 112.

Beginning at deleted text begin the terminus of Route No. 53 on the southerly limits of the city of South St. Pauldeleted text end new text begin a point on the southerly limits of the city of St. Paulnew text end , thence extending deleted text begin through South St. Paul into the city of St. Pauldeleted text end new text begin northerlynew text end to connect with Route No. 102 as herein established.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective after the conditions in Laws 2019, First Special Session chapter 3, article 3, section 120, as amended by this act, are met. new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 161.14, subdivision 94, is amended to read:

Subd. 94.

Specialist Noah Pierce Bridge.

The bridge on marked deleted text begin Trunk Highway 37 over marked U.S. Highway 53deleted text end new text begin U.S. Highway 53 over marked Trunk Highway 37new text end in the city of Eveleth is designated as "Specialist Noah Pierce Bridge." Subject to section 161.139, the commissioner must adopt a suitable design to mark this bridge and erect appropriate signs.

Sec. 4.

Minnesota Statutes 2018, section 168.09, subdivision 7, is amended to read:

Subd. 7.

Display of temporary permit.

(a) A vehicle that displays a Minnesota plate issued under this chapter may display a temporary permit in conjunction with expired registration if:

(1) the current registration tax and all other fees and taxes have been paid in full; and

(2) the plate has been applied for.

(b) A vehicle may display a temporary permit in conjunction with expired registration, with or without a registration plate, if:

(1) the plates have been applied for;

(2) the registration tax and other fees and taxes have been paid in full; and

(3) either the vehicle is used solely as a collector vehicle while displaying the temporary permit and not used for general transportation purposes or the vehicle was issued a 21-day permit under section 168.092, subdivision 1.

(c) The permit is valid for a period of 60 days. The permit must be in a format prescribed by the commissioner deleted text begin and whenever practicable must be posted upon the driver's side of the rear window on the inside of the vehicledeleted text end new text begin , affixed to the rear of the vehicle where a license plate would normally be affixed, and plainly visiblenew text end . The permit is valid only for the vehicle for which it was issued to allow a reasonable time for the new plates to be manufactured and delivered to the applicant. The permit may be issued only by the commissioner or by a deputy registrar under section 168.33.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, or upon initial deployment of the replacement motor vehicle title and registration information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the effective date. new text end

Sec. 5.

Minnesota Statutes 2018, section 168.091, is amended to read:

168.091 31-DAY TEMPORARY VEHICLE PERMIT.

Subdivision 1.

Nonresident buyer.

(a) Upon payment of a fee of $1, the commissioner may issue a permit to a nonresident purchasing a vehicle in this state for the sole purpose of allowing the vehicle to be removed from this state.

(b) The permit is in lieu of any other registration or taxation for use of the highways and is valid for a period of 31 days from the date of sale, trade, or gift.

(c) The permit must be available in an electronic format as determined by the commissioner.

(d) If the sale, gift, or trade information is electronically transmitted to the commissioner by a dealer or deputy registrar of motor vehicles, the $1 fee is waived.

(e) The permit must be deleted text begin posted upon the left side of the inside rear window of the vehicle or, if not practicable,deleted text end new text begin affixed to the rear of the vehiclenew text end where it is plainly visible deleted text begin to law enforcementdeleted text end . Each permit is valid only for the vehicle for which the permit was issued.

Subd. 2.

Dealer.

The registrar may issue deleted text begin a quantity ofdeleted text end permits deleted text begin in booklet formdeleted text end to licensed dealers upon payment of the proper fee for each permit deleted text begin contained in said booklet. When issuing a permit, the dealer shall immediately forward to the registrar information on forms supplied by the registrar showing to whom the permit was issued, the vehicle description, date of issue and expiration, and such other information as the registrar may requiredeleted text end .

Subd. 3.

Proceeds to highway user fund.

All payments received for such permits shall be paid into the state treasury and credited to the highway user tax distribution fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, or upon initial deployment of the replacement motor vehicle title and registration information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the effective date. new text end

Sec. 6.

Minnesota Statutes 2018, section 168.092, is amended to read:

168.092 21-DAY TEMPORARY VEHICLE PERMIT.

Subdivision 1.

Resident buyer.

The motor vehicle registrar may issue a permit to a person purchasing a new or used motor vehicle in this state for the purpose of allowing the purchaser a reasonable time to register the vehicle and pay fees and taxes due on the transfer. The permit is valid for a period of 21 days. The permit must be in a form as the registrar may determine deleted text begin and, whenever practicable must be posted upon the left side of the inside rear window of the vehicledeleted text end new text begin , affixed to the rear of the vehicle where a license plate would normally be affixed, and plainly visiblenew text end . Each permit is valid only for the vehicle for which issued.

Subd. 2.

Dealer.

The registrar may issue deleted text begin a quantity ofdeleted text end permits to licensed dealers. When issuing a permit, the dealer shall complete the permit in the manner prescribed by the department. deleted text begin One copy of the permit shall be retained in sequential order in the dealer's files.deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, or upon initial deployment of the replacement motor vehicle title and registration information system, whichever is earlier. The commissioner of public safety must notify the revisor of statutes of the effective date. new text end

Sec. 7.

Minnesota Statutes 2018, section 169.09, subdivision 3, is amended to read:

Subd. 3.

Driver to give information.

(a) The driver of any motor vehicle involved in a collision the driver knows or has reason to know results in bodily injury to or death of another, or damage to any vehicle driven or attended by another, shall give the driver's name, deleted text begin address, anddeleted text end date of birthnew text begin , mailing address or e-mail address,new text end and the registration plate number of the vehicle being driven. The driver shall, upon request and if available, exhibit the driver's license or permit to drive to deleted text begin the individual struck or the driver or occupant deleted text end deleted text begin of or individual attending any vehicle collided with. The driver also shall give the information deleted text end deleted text begin and upon request exhibit the license or permit todeleted text end any peace officer at the scene of the collision or who is investigating the collision. The driver shall render reasonable assistance to any individual injured in the collision.

(b) If not given at the scene of the collision, the driver, within 72 hours after the accident, shall give, on request to any individual involved in the collision or to a peace officer investigating the collision, the name and address of the insurer providing vehicle liability insurance coverage, and the local insurance agent for the insurer.

Sec. 8.

Minnesota Statutes 2018, section 169.451, subdivision 2, is amended to read:

Subd. 2.

Inspection certificate.

new text begin Except as provided in subdivision 2a, new text end no person shall drive, or no owner shall knowingly permit or cause to be driven, any school bus or Head Start bus unless there is displayed thereon a certificate issued by the commissioner of public safety stating that on a certain date, which shall be within 13 months of the date of operation, a member of the Minnesota State Patrol inspected the bus and found that on the date of inspection the bus complied with the applicable provisions of state law relating to construction, design, equipment, and color.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2018, section 169.451, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Interim inspection; certificate. new text end

new text begin In lieu of the certificate required in subdivision 2, a new or used school bus being sold by a dealer in this state may display an interim inspection certificate. The school bus dealer completing the preregistration certificate required in section 168.102 may inspect the bus to determine if the bus complies with the applicable provisions of state law relating to construction, design, equipment, and color. If the bus complies with the applicable provisions of state law, the dealer may affix the interim inspection certificate to the school bus, indicating that on the date of the inspection, the bus complied with the applicable provisions of state law relating to construction, design, equipment, and color. The interim certificate must include the date of the inspection and must be valid until the owner's next scheduled annual inspection, but must not be valid for more than 12 months following the month of the initial inspection. The commissioner must provide the prescribed interim inspection certificates at no cost to the dealer. 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. 10.

Minnesota Statutes 2018, section 169.451, subdivision 4, is amended to read:

Subd. 4.

Violation; penalty.

The State Patrol shall enforce deleted text begin subdivisiondeleted text end new text begin subdivisions new text end 2new text begin and 2anew text end . A deleted text begin violation of subdivision 2 isdeleted text end new text begin person who operates a school bus without a valid inspection certificate issued pursuant to subdivision 2 or an interim inspection certificate issued pursuant to subdivision 2a is guilty of new text end a misdemeanor.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

new text begin [169.812] ESCORT VEHICLES FOR OVERDIMENSIONAL LOADS; DEFINITIONS; REQUIREMENTS. 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. new text end

new text begin (b) "Licensed peace officer" means a law enforcement officer licensed under sections 626.84 to 626.863, who holds a certificate under section 299D.085, and who may operate an authorized emergency vehicle and direct and control traffic and require traffic to yield to an overdimensional load. new text end

new text begin (c) "Escort driver" means an individual who holds a certificate under section 299D.085 and is authorized to control and direct traffic as a flagger during the movement of an overdimensional load following the Manual on Uniform Traffic Control Devices standards as defined by the Federal Highway Administration and section 169.06, subdivision 4. new text end

new text begin (d) "Flagger" means a person who actively controls the flow of vehicular traffic into, through, or into and through a temporary traffic control zone using hand-signaling devices or an automated flagger assistance device. new text end

new text begin (e) "Overdimensional load" is a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter, or otherwise not in conformity with the provisions of this chapter. new text end

new text begin Subd. 2. new text end

new text begin Escort vehicles required; width. new text end

new text begin (a) Except as provided in paragraphs (d) and (e), no escort vehicle is required if the width of an overdimensional load is 15 feet or less as measured at the bottom of the load or is 16 feet or less as measured at the top of the load. new text end

new text begin (b) Only one rear escort vehicle is required on a multilane divided roadway if the width of an overdimensional load is more than 15 feet as measured at the bottom of the load or is more than 16 feet as measured at the top of the load. new text end

new text begin (c) Only one lead escort vehicle and one rear escort vehicle is required on any undivided roadway if the width of an overdimensional load is more than 15 feet as measured at the bottom of the load or is more than 16 feet as measured at the top of the load. new text end

new text begin (d) Only one lead licensed peace officer is required when any part of an overdimensional load or a vehicle transporting an overdimensional load extends beyond the left of the centerline on an undivided roadway. new text end

new text begin (e) The commissioner may require additional escorts when deemed necessary to protect public safety or to ensure against undue damage to the road foundations, surfaces, or structures. The commissioner must specify in the permit (1) the number of additional escorts required; and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers, as defined in subdivision 1. new text end

new text begin Subd. 3. new text end

new text begin Escort vehicles required; length. new text end

new text begin (a) When a vehicle transporting an overdimensional load is operated on a multilane divided roadway: new text end

new text begin (1) only one rear escort vehicle is required if the overdimensional load has an overall length exceeding 110 feet; or new text end

new text begin (2) only one lead escort vehicle and one rear escort vehicle is required if the overdimensional load has an overall length exceeding 150 feet. new text end

new text begin (b) One lead escort vehicle and one rear escort vehicle is required on any undivided roadway if the overall length of the overdimensional load exceeds 110 feet. new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), the commissioner may require additional escorts when deemed necessary to protect public safety or to ensure against undue damage to the road foundations, surfaces, or structures. The commissioner must specify in the permit (1) the number of additional escorts required; and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers, as defined in subdivision 1. 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. 12.

Minnesota Statutes 2018, section 171.02, subdivision 2a, is amended to read:

Subd. 2a.

Exception for certain school bus drivers.

Notwithstanding subdivision 2, paragraph (b), the holder of a class D driver's license, without a school bus endorsement, may operate a type A school bus or a multifunction school activity bus under the following conditions:

(a) The operator is an employee of the entity that owns, leases, or contracts for the school bus and is not solely hired to provide transportation services under this subdivision.

(b) The operator drives the school bus only from points of origin to points of destination, not including home-to-school trips to pick up or drop off students.

(c) The operator is prohibited from using the eight-light system. Violation of this paragraph is a misdemeanor.

(d) The operator's employer has adopted and implemented a policy that provides for annual training and certification of the operator in:

(1) safe operation of the type of school bus the operator will be driving;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies;

(5) handling emergency situations; and

(6) safe loading and unloading of students.

(e) A background check or background investigation of the operator has been conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for teachers; section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision 3, for all other persons operating a school bus under this subdivision.

(f) Operators shall submit to a physical examination as required by section 171.321, subdivision 2new text begin , and must have in their possession the original or a copy of a current medical examiner's certificate, or otherwise provide proof of being medically qualified, to operate a school bus under this subdivisionnew text end .

(g) The operator's driver's license is verified annually by the entity that owns, leases, or contracts for the school bus.

(h) A person who sustains a conviction, as defined under section 609.02, of violating section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or ordinance of another state is precluded from operating a school bus for five years from the date of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may not operate a school bus under this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a fourth moving offense in violation of chapter 169 is precluded from operating a school bus for one year from the date of the last conviction.

(k) Students riding the school bus must have training required under section 123B.90, subdivision 2.

(l) An operator must be trained in the proper use of child safety restraints as set forth in the National Highway Traffic Safety Administration's "Guideline for the Safe Transportation of Pre-school Age Children in School Buses," if child safety restraints are used by the passengers.

(m) Annual certification of the requirements listed in this subdivision must be maintained under separate file at the business location for each operator licensed under this subdivision and subdivision 2, paragraph (b), clause (5). The business manager, school board, governing body of a nonpublic school, or any other entity that owns, leases, or contracts for the school bus operating under this subdivision is responsible for maintaining these files for inspection.

(n) The school bus must bear a current certificate of inspection issued under section 169.451.

(o) If the word "School" appears on the front and rear of the bus, the word "School" must be covered by a sign that reads "Activities" when the bus is being operated under authority of this subdivision.

(p) The type A-I school bus or multifunction school activity bus is designed to transport 15 or fewer passengers, including the driver.

(q) The school bus or multifunction school activity bus has a gross vehicle weight rating of 14,500 pounds or less.

new text begin (r) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while employed by the entity that owns, leases, or contracts for the school bus must report the conviction to the employer within ten days of the date of the conviction. new text end

new text begin (s) An operator whose driver's license is suspended, revoked, canceled, or disqualified by Minnesota, another state, or another jurisdiction must notify the operator's employer in writing of the suspension, revocation, cancellation, lost privilege, or disqualification. The operator must notify the operator's employer before the end of the business day immediately following the day the operator received notice of the suspension, revocation, cancellation, lost privilege, or disqualification. new text end

Sec. 13.

Minnesota Statutes 2018, section 171.02, subdivision 2b, is amended to read:

Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision 2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement, may operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h), under the conditions in this subdivision.

(b) The operator is an employee of the entity that owns, leases, or contracts for the school bus.

(c) The operator's employer has adopted and implemented a policy that provides for annual training and certification of the operator in:

(1) safe operation of a type III vehicle;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus safety policies;

(5) handling emergency situations;

(6) proper use of seat belts and child safety restraints;

(7) performance of pretrip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other areas to enable the student to avoid hazardous conditions;

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(iii) avoiding a loading or unloading location that would require a pupil to cross a road, or ensuring that the driver or an aide personally escort the pupil across the road if it is not reasonably feasible to avoid such a location;

(iv) placing the type III vehicle in "park" during loading and unloading; and

(v) escorting a pupil across the road under item (iii) only after the motor is stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile; and

(9) compliance with paragraph (k), concerning reporting certain convictions to the employer within ten days of the date of conviction.

(d) A background check or background investigation of the operator has been conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school district employees; section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision 3, for all other persons operating a type III vehicle under this subdivision.

(e) Operators shall submit to a physical examination as required by section 171.321, subdivision 2new text begin , and must have in their possession the original or a copy of a current medical examiner's certificate, or otherwise provide proof of being medically qualified, to operate a school bus under this subdivisionnew text end .

(f) The operator's employer requires preemployment drug testing of applicants for operator positions. Current operators must comply with the employer's policy under section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the operator's employer may use a Breathalyzer or similar device to fulfill random alcohol testing requirements.

(g) The operator's driver's license is verified annually by the entity that owns, leases, or contracts for the type III vehicle as required under section 171.321, subdivision 5.

(h) A person who sustains a conviction, as defined under section 609.02, of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to 169A.53 of the implied consent law or section 171.177, or who is convicted of violating or whose driver's license is revoked under a similar statute or ordinance of another state, is precluded from operating a type III vehicle for five years from the date of conviction.

(i) A person who has ever been convicted of a disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a moving offense in violation of chapter 169 within three years of the first of three other moving offenses is precluded from operating a type III vehicle for one year from the date of the last conviction.

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while employed by the entity that owns, leases, or contracts for the school bus, shall report the conviction to the employer within ten days of the date of the conviction.

(l) An operator of a type III vehicle whose driver's license is suspended, revoked, canceled, or disqualified by Minnesota, another state, or another jurisdiction must notify the operator's employer in writing of the suspension, revocation, cancellation, lost privilege, or disqualification. The operator must notify the operator's employer before the end of the business day immediately following the day the operator received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.

(m) Students riding the type III vehicle must have training required under section 123B.90, subdivision 2.

(n) Documentation of meeting the requirements listed in this subdivision must be maintained under separate file at the business location for each type III vehicle operator. The business manager, school board, governing body of a nonpublic school, or any other entity that owns, leases, or contracts for the type III vehicle operating under this subdivision is responsible for maintaining these files for inspection.

(o) The type III vehicle must bear a current certificate of inspection issued under section 169.451.

(p) An employee of a school or of a school district, who is not employed for the sole purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

Sec. 14.

Minnesota Statutes 2019 Supplement, section 171.07, subdivision 6a, is amended to read:

Subd. 6a.

Autism spectrum deleted text begin or mental healthdeleted text end identifier.

Upon the written request of the applicant, the deleted text begin departmentdeleted text end new text begin commissioner new text end must issue a driver's license or Minnesota identification card bearing a graphic or written identifier for an autism spectrum disorder, as defined in section 62A.3094, subdivision 1, paragraph (b)deleted text begin , or a mental health conditiondeleted text end . The applicant must submit the written request for the identifier at the time the photograph or electronically produced image is taken. The commissioner must not include any specific medical information on the driver's license or Minnesota identification card.

Sec. 15.

Minnesota Statutes 2018, section 171.07, is amended by adding a subdivision to read:

new text begin Subd. 6b. new text end

new text begin Mental health identifier. new text end

new text begin Upon the written request of the applicant, the commissioner must issue a driver's license or Minnesota identification card bearing a graphic or written identifier for a mental health condition. The applicant must submit the written request for the identifier at the time the photograph or electronically produced image is taken. The commissioner must not include any specific medical information on the driver's license or Minnesota identification card. new text end

Sec. 16.

Minnesota Statutes 2018, section 174.30, subdivision 2a, is amended to read:

Subd. 2a.

Vehicle and equipment safety; provider responsibilities.

(a) Every special transportation service provider shall systematically inspect, repair, and maintain, or cause to be inspected, repaired, and maintained, the vehicles and equipment subject to the control of the provider. Each vehicle and its equipment must be inspected daily. A vehicle may not be operated in a condition that is likely to cause an accident or breakdown of the vehicle. Equipment, including specialized equipment necessary to ensure vehicle usability and safety for disabled persons, must be in proper and safe operating condition at all times.

(b) Each special transportation provider shall maintain the following records for each vehicle:

(1) an identification of the vehicle, including make, serial number, and year, and, if the vehicle is not owned by the provider, the name and address of the person furnishing the vehicle;

(2) a schedule of inspection and maintenance operations to be performed;

(3) a record of inspections, repairs, and maintenance showing the date and nature;

(4) a lubrication record; deleted text begin anddeleted text end

(5) a record of tests conducted to ensure that emergency doors or windows and wheelchair lifts function properlydeleted text begin .deleted text end new text begin ; andnew text end

new text begin (6) a record of trips, limited to date, time, and driver's name. new text end

Sec. 17.

Minnesota Statutes 2018, section 174.30, subdivision 4a, is amended to read:

Subd. 4a.

Certification of special transportation provider.

(a) The commissioner may refuse to issue a certificate of compliance if an individual specified in subdivision 10, paragraph (a), clauses (1) to (3), is disqualifiednew text begin or is not on the provider's active roster, as defined in section 245C.02, subdivision 17a, paragraph (b)new text end .

(b) The commissioner shall annually evaluate or provide for the evaluation of each provider of special transportation service regulated under this section and certify that the provider is in compliance with the standards under this section.

Sec. 18.

Minnesota Statutes 2018, section 174.30, subdivision 8, is amended to read:

Subd. 8.

Administrative penalties; loss of certificate of compliance.

(a) The commissioner may issue an order requiring violations of this section and the operating standards adopted under this section to be corrected and assessing monetary penalties of up to $1,000 for all violations identified during a single inspection, investigation, or audit. Section 221.036 applies to administrative penalty orders issued under this section or section 174.315. The commissioner shall suspend, without a hearing, a special transportation service provider's certificate of compliance for failure to pay, or make satisfactory arrangements to pay, an administrative penalty when due.

(b) If the commissioner determines that an individual subject to background studies under subdivision 10, paragraph (a), is disqualifiednew text begin or is not on the provider's active roster, as defined in section 245C.02, subdivision 17a, paragraph (b)new text end , the commissioner must issue a written notice ordering the special transportation service provider to immediately cease permitting the individual to perform services or functions listed in subdivision 10, paragraph (a). The written notice must include a warning that failure to comply with the order may result in the suspension or revocation of the provider's certificate of compliance under this section.

(c) The commissioner may suspend or revoke a provider's certificate of compliance upon determining that, following receipt by a provider of written notice under paragraph (b), the individual has continued to perform services or functions listed in subdivision 10, paragraph (a), for the provider. A provider whose certificate is suspended or revoked may appeal the commissioner's action in a contested case proceeding under chapter 14.

new text begin (d) If the commissioner determines that a provider has failed to pay the decal fees as required by subdivision 4, the commissioner must send written notice by certified mail ordering the provider to pay the applicable fees within 60 days after the notice was mailed. new text end

new text begin (e) The commissioner may suspend a provider's certificate of compliance if the provider fails to submit the required payment after receiving written notice under paragraph (d). A provider whose certificate is suspended may appeal the commissioner's action in a contested case proceeding under chapter 14. new text end

deleted text begin (d)deleted text end new text begin (f)new text end Penalties collected under this section must be deposited in the state treasury and credited to the trunk highway fund.

Sec. 19.

new text begin [216F.015] REQUIREMENTS CODED ELSEWHERE. new text end

new text begin Requirements governing certain towers are established in section 360.915. new text end

Sec. 20.

Minnesota Statutes 2018, section 299D.03, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Salary and benefits survey. new text end

new text begin (a) By January 1 of 2021, 2023, 2027, and 2031, the legislative auditor must conduct a compensation and benefit survey of law enforcement officers in every police department: new text end

new text begin (1) in a city with a population in excess of 25,000, located in a metropolitan county, as defined in section 473.121, subdivision 4, that is represented by a union certified by the Bureau of Mediation Services; or new text end

new text begin (2) in a city of the first class. new text end

new text begin The State Patrol must also be included in the survey. new text end

new text begin (b) The legislative auditor must base the survey on compensation and benefits for the past completed calendar year. The survey must be based on full-time equivalent employees. The legislative auditor must calculate compensation using base salary, overtime wages, and premium pay. Premium pay is payment that is received by a majority of employees and includes, but is not limited to, education pay and longevity pay. The legislative auditor must not include any payments made to officers or troopers for work performed for an entity other than the agency that employs the officer or trooper, regardless of who makes the payment. The legislative auditor must also include in the survey all benefits, including insurance, retirement, and pension benefits. The legislative auditor must include contributions from both the employee and employer when determining benefits. new text end

new text begin (c) The legislative auditor must compile the survey results into a report. The report must show each department separately. For each department, the survey must include: new text end

new text begin (1) an explanation of the salary structure, and include minimum and maximum salaries for each range or step; and new text end

new text begin (2) an explanation of benefits offered, including the options that are offered and the employee and employer contribution for each option. new text end

new text begin Wherever possible, the report must be designed so that the data for each department is in the same table or grid format to facilitate easy comparison. new text end

new text begin (d) By January 15 of 2021, 2023, 2027, and 2031, the legislative auditor must transmit the survey report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over the State Patrol budget. new text end

new text begin (e) It is the legislature's intent to use the information in this study to compare salaries between the identified police departments and the State Patrol and to make appropriate increases to patrol trooper salaries. For purposes of this paragraph, "patrol troopers" has the meaning given in subdivision 2, paragraph (a). 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. 21.

new text begin [360.915] METEOROLOGICAL TOWERS. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, "stand-alone meteorological tower" means a structure, whether self-standing or supported by guy wires and ground anchors, that: new text end

new text begin (1) is designed with accessory facilities on which antenna, sensor, camera, meteorological, or other equipment is able to be mounted; new text end

new text begin (2) has a height of at least 50 feet and not more than 200 feet; and new text end

new text begin (3) has a diameter of ten feet or less at the aboveground base, excluding concrete footing. new text end

new text begin (b) A stand-alone meteorological tower does not include a structure that is: new text end

new text begin (1) affixed or adjacent to a building, including a house, barn, or utility station; new text end

new text begin (2) an electric transmission or distribution line; new text end

new text begin (3) a streetlight erected or maintained by a governmental entity; new text end

new text begin (4) a wind energy conversion system, as defined in section 216F.01, subdivision 4, that has rotor blades with a length of more than six feet; new text end

new text begin (5) a facility registered with the Federal Communications Commission or any structure with the primary purpose of supporting telecommunications equipment, including microwave relay facilities and towers erected for the purpose of providing commercial mobile radio service or commercial mobile data service, as the terms are defined in Code of Federal Regulations, title 47, section 20.3; or new text end

new text begin (6) a utility pole located in the public right-of-way. new text end

new text begin Subd. 2. new text end

new text begin Application; location. new text end

new text begin The requirements of this section do not apply to a stand-alone meteorological tower that is located: new text end

new text begin (1) within the curtilage of a farmstead; or new text end

new text begin (2) in a statutory or home rule charter city or town. new text end

new text begin Subd. 3. new text end

new text begin Visibility; marking. new text end

new text begin A stand-alone meteorological tower must: new text end

new text begin (1) be painted in equal-width bands of solid color over its entire length, alternating between aviation orange and white so that orange is at the top of the tower and at the base of the tower; new text end

new text begin (2) have at least two spherical markers attached to each of the highest or outside guy wires that are: new text end

new text begin (i) painted solid aviation orange; and new text end

new text begin (ii) placed so that one is within 15 feet of the upper anchor point of the guy wire; new text end

new text begin (3) have a high-visibility sleeve on each guy wire, which must extend at least seven feet from the lower anchor point of each guy wire; and new text end

new text begin (4) have a flashing red light placed at the top of the tower that is compatible with a night vision imaging system, as determined by the commissioner. new text end

new text begin Subd. 4. new text end

new text begin Notifications. new text end

new text begin (a) At least 30 days prior to erecting a stand-alone meteorological tower, the tower owner must provide notice to the commissioner in the manner specified by the commissioner. The notice must identify: new text end

new text begin (1) the tower owner's name and contact information; new text end

new text begin (2) the name and contact information of any tower owner's representative; new text end

new text begin (3) the height above ground level of the tower, including its base; new text end

new text begin (4) the elevation of the tower site; and new text end

new text begin (5) global positioning system coordinates of the center of the tower. new text end

new text begin (b) The tower owner must notify the commissioner within 15 days of any change in any information provided under paragraph (a). new text end

new text begin (c) The tower owner must notify the commissioner within 30 days after removal of a stand-alone meteorological tower. new text end

new text begin Subd. 5. new text end

new text begin Fee. new text end

new text begin The owner of a stand-alone meteorological tower who provides notice under subdivision 4, paragraph (a), must pay a fee of $50. A fee is not imposed for a notification provided under subdivision 4, paragraphs (b) and (c). new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin (a) The commissioner must maintain records on stand-alone meteorological towers under this section and must provide information on stand-alone meteorological tower locations on the department's website. new text end

new text begin (b) The commissioner must deposit revenue received under this section in the state airports fund. new text end

new text begin Subd. 7. new text end

new text begin Penalty. new text end

new text begin The owner of a stand-alone meteorological tower who violates the requirements under subdivision 3 or 4, paragraph (a), is guilty of a misdemeanor. new text end

new text begin Subd. 8. new text end

new text begin Implementation; existing towers. new text end

new text begin The owner of a stand-alone meteorological tower erected prior to the effective date of this section must meet the requirements of this section within one year of the effective date of this section. new text end

Sec. 22.

Laws 2019, First Special Session chapter 3, article 2, section 34, subdivision 2, is amended to read:

Subd. 2.

Driver and Vehicle Systems Oversight Committee established.

(a) The Driver and Vehicle Systems Oversight Committee is established and consists of the following members:

(1) the chair of the senate Finance Committee, or a senator appointed by the chair of the senate Finance Committee;

(2) the chair and ranking minority member of the senate committee with jurisdiction over transportation finance;

(3) the chair of the house of representatives Ways and Means Committee, or a member of the house of representatives appointed by the chair of the house of representatives Ways and Means Committee; and

(4) the chair and ranking minority member of the house of representatives committee with jurisdiction over transportation finance.

(b) The chair of the Blue Ribbon Council on Information Technology, or the chair's designee, must serve on the committee as a nonvoting member. If the council expires or is dissolved, deleted text begin this position on the committee is discontinued.deleted text end new text begin the chair of the council at the time of expiration or dissolution, or the chair's designee, must continue to serve on the committee as a nonvoting member until the committee expires as provided by subdivision 8.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. 23.

Laws 2019, First Special Session chapter 3, article 3, section 120, is amended to read:

Sec. 120.

LEGISLATIVE ROUTE NO. 112 deleted text begin REMOVEDdeleted text end new text begin ; PARTIAL REMOVALnew text end .

deleted text begin (a)deleted text end Minnesota Statutes, section 161.115, subdivision 43, is deleted text begin repealeddeleted text end new text begin modifiednew text end effective the day after the commissioner of transportation receives copies of the agreements between the commissioner and the governing bodies of Dakota Countydeleted text begin ,deleted text end new text begin andnew text end the city of South St. Pauldeleted text begin , and the city of St. Pauldeleted text end to transfer jurisdiction of new text begin portions of new text end Legislative Route No. 112 and after the commissioner deleted text begin notifies the revisor of statutes under paragraph (b).deleted text end

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

Sec. 24.

Laws 2020, chapter 71, article 2, section 15, subdivision 2, is amended to read:

Subd. 2.

Licenses and identification cards.

(a) Notwithstanding Minnesota Statutes, sections 171.07, subdivision 4; 171.186, subdivision 4; and 171.27, the expiration date is extended for any valid driver's license, including but not limited to an instruction permit, provisional license, operator's permit, limited license, and farm work license, and any Minnesota identification card, issued under Minnesota Statutes, chapter 171, that absent this subdivision would otherwise expire (1) during the peacetime public health emergency period, deleted text begin ordeleted text end (2) on any day of the month in which the peacetime public health emergency period terminatesnew text begin , or (3) on any day of the month following the month in which the peacetime public health emergency period terminatesnew text end .

(b) An extension in this subdivision is provided to the last day of the second consecutive month following the month in which the peacetime public health emergency period terminates.

(c) No fee or surcharge under Minnesota Statutes, chapter 171, is imposed for an extension under this subdivision.

(d) An extension under this subdivision does not alter the expiration date for subsequent license or Minnesota identification card renewals. Nothing in this subdivision prevents suspension, cancellation, revocation, or disqualification as provided in Minnesota Statutes, chapter 168, 169, 169A, 171, 260B, 260C, or any other chapter.

(e) The authority in this subdivision does not apply:

(1) to issuance of a new driver's license or Minnesota identification card, except as provided in subdivision 3;

(2) to reinstatement of a canceled, suspended, or revoked license; and

(3) to a person who is no longer eligible for the license or Minnesota identification card.

(f) The commissioner of public safety must ensure that the driving record of a person whose driver's license expiration date is extended pursuant to this subdivision indicates that the person's driver's license is valid until the extension expires as provided in this subdivision. The commissioner must ensure, as far as practicable, that this information is available to law enforcement and other entities outside the state of Minnesota.

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.

new text begin FEDERAL FUNDS REPORTING REQUIREMENTS. new text end

new text begin (a) For purposes of this section, "federal funds" means any funding received by the state from the federal government pursuant to any federal law, rule, grant, or loan relating to the infectious disease known as COVID-19. This includes but is not limited to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136. new text end

new text begin (b) The commissioner of transportation must report all expenditures of federal funds to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy by February 15, 2021, and annually thereafter until all federal funds are expended. The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information the commissioner determines is necessary to properly document each expenditure. new text end

new text begin (c) The commissioner of public safety must report all expenditures of federal funds relating to driver and vehicle services and the State Patrol to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy by February 15, 2021, and annually thereafter until all federal funds are expended. The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information the commissioner determines is necessary to properly document each expenditure. new text end

new text begin (d) The chair of the Metropolitan Council must report all expenditures of federal funds to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy or the Metropolitan Council by February 15, 2021, and annually thereafter until all federal funds are expended. The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information the chair determines is necessary to properly document each expenditure. 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. 26.

new text begin LEGISLATIVE ROUTE NO. 237 REMOVED. new text end

new text begin (a) Minnesota Statutes, section 161.115, subdivision 168, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Stearns County to transfer jurisdiction of Legislative Route No. 237 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. 27.

new text begin NONCOMPLIANT DRIVER'S LICENSE APPLICATION; NEW PHOTOGRAPH AND EYE EXAMINATION NOT REQUIRED. new text end

new text begin (a) This section applies to applications for noncompliant driver's licenses or identification card made on or before June 30, 2021, if the applicant's name, address, signature, and driver's license number have not changed. new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 171.13, or Minnesota Rules, part 7410.2400, subpart 1, an applicant for a noncompliant driver's license or identification card is not required to undergo a vision examination if the Department of Public Safety has a record that the applicant passed an examination of the applicant's eyesight. new text end

new text begin (c) Notwithstanding Minnesota Statutes, section 171.071, or Minnesota Rules, chapter 7410, an applicant for a noncompliant driver's license or identification card is not required to appear in person to have a new photograph taken if the commissioner of public safety has a photograph of the applicant on file. If there is such a photograph on file, the commissioner must use the photograph for the applicant's driver's license or identification card. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective two weeks following final enactment or on the date the changes required by this section are implemented, whichever is earlier. If the changes required by this section are implemented earlier than two weeks after final enactment, the commissioner of public safety must notify the revisor of statutes of the date. new text end

Sec. 28.

new text begin REQUIRING USE OF WARNING LIGHTS AND STOP ARMS ON SCHOOL BUSES WHEN MAKING DELIVERIES TO STUDENTS. new text end

new text begin (a) For purposes of this section, "peacetime public health emergency period" means the duration of any peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19, but ending no later than January 31, 2021. new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 169.443, subdivision 3, during a peacetime public health emergency period, a school bus driver must activate the prewarning flashing amber signals or flashing red signals and the stop arm signal when the school bus is stopped on a street or highway to deliver or drop off food, schoolwork, supplies, or other items for students. 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. 29.

new text begin ROAD AND BRIDGE FUND MONEY FROM UNORGANIZED TOWNSHIPS; AITKIN COUNTY. new text end

new text begin Notwithstanding Minnesota Statutes, section 163.06, subdivision 4, the road and bridge fund tax money collected from unorganized townships in Aitkin County need not be set apart in separate funds for each township. Notwithstanding Minnesota Statutes, section 163.06, subdivision 5, road and bridge fund tax money that is collected from the various unorganized townships may be expended by the Aitkin County Board in any of the unorganized townships in the county. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the Aitkin County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 30.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, section 169.86, subdivision 3b, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2018, section 174.30, subdivision 4b, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective the day following final enactment. Paragraph (b) is effective August 1, 2020. new text end

Presented to the governor May 18, 2020

Signed by the governor May 27, 2020, 11:16 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes