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

                            CHAPTER 143-S.F.No. 724 
                  An act relating to transportation; exempting certain 
                  roads, streets, and highways from noise standards; 
                  clarifying that specific service signs may be placed 
                  at certain intersections of trunk highways; modifying 
                  provisions relating to implements of husbandry; 
                  defining residential roadway; defining daytime and 
                  nighttime; setting speed limits; directing the 
                  commissioner of transportation to determine cost 
                  reimbursement policies; correcting obsolete reference; 
                  directing commissioner of transportation to study and 
                  prepare a report proposing a comprehensive, statewide 
                  highway access management policy; directing transfer 
                  of ownership of licenses for public safety radio 
                  system frequencies; modifying requirements for highway 
                  280 noise barrier; providing civil penalties; amending 
                  Minnesota Statutes 1996, sections 116.07, subdivision 
                  2a; 160.292, subdivision 5; 168.012, subdivision 2; 
                  168A.01, subdivision 8; 169.01, subdivisions 55 and 
                  81, and by adding subdivisions; 169.14, subdivisions 
                  2, 3, and 5d; 169.145; 169.17; 169.522, subdivision 1; 
                  169.801, subdivision 1; 174.23, by adding a 
                  subdivision; and 473.894, subdivision 3; Laws 1994, 
                  chapter 635, article 1, section 35; repealing 
                  Minnesota Statutes 1996, section 169.14, subdivision 
                  4a; Minnesota Rules, parts 8840.0100; 8840.0200; 
                  8840.0300; 8840.0400; 8840.0500; 8840.0600; 8840.0700; 
                  8840.0800; 8840.0900; 8840.1000; 8840.1100; 8840.1200; 
                  and 8840.1300. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 116.07, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [EXEMPTIONS FROM STANDARDS.] No standards 
        adopted by any state agency for limiting levels of noise in 
        terms of sound pressure which may occur in the outdoor 
        atmosphere shall apply to (1) segments of trunk highways 
        constructed with federal interstate substitution money, provided 
        that all reasonably available noise mitigation measures are 
        employed to abate noise, (2) an existing or newly constructed 
        segment of a highway, provided that all reasonably available 
        noise mitigation measures, as approved by the commissioners of 
        the department of transportation and pollution control agency, 
        are employed to abate noise, (3) except for the cities of 
        Minneapolis and St. Paul, an existing or newly constructed 
        segment of a road, street, or highway under the jurisdiction of 
        a road authority of a town, statutory or home rule charter city, 
        or county, except for roadways for which full control of access 
        has been acquired, (4) skeet, trap or shooting sports clubs, 
        or (4) (5) motor vehicle race events conducted at a facility 
        specifically designed for that purpose that was in operation on 
        or before July 1, 1983.  Nothing herein shall prohibit a local 
        unit of government or a public corporation with the power to 
        make rules for the government of its real property from 
        regulating the location and operation of skeet, trap or shooting 
        sports clubs, or motor vehicle race events conducted at a 
        facility specifically designed for that purpose that was in 
        operation on or before July 1, 1983. 
           Sec. 2.  Minnesota Statutes 1996, section 160.292, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NONFREEWAY TRUNK HIGHWAY.] "Nonfreeway trunk 
        highway" means all (1) roadways that are not designated freeways 
        and that have crossing traffic at grade intersections and (2) 
        bypasses of outstate municipalities that have interchanges at 
        intersections of trunk highways with local roads or with other 
        trunk highways. 
           Sec. 3.  Minnesota Statutes 1996, section 168.012, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FARM VEHICLES.] Implements of husbandry, as 
        defined in section 168A.01, subdivision 8, and tractors used 
        solely for agricultural purposes or tractors, together with 
        trailers or wagons thereto attached, occasionally hauling 
        agricultural products or necessary commodities used on the farm 
        from said farm to and from the usual market place of the owner, 
        tractors for drawing threshing machinery and implements of 
        husbandry temporarily moved upon the highway, shall not be taxed 
        as motor vehicles using the public streets and highways and 
        shall be exempt from the provisions of this chapter.  
           Sec. 4.  Minnesota Statutes 1996, section 168A.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [IMPLEMENT OF HUSBANDRY.] (a) "Implement of 
        husbandry" means every vehicle, including a farm tractor and 
        farm wagon, designed and or adapted exclusively for 
        agricultural, horticultural, or livestock raising operations or 
        for lifting or carrying an implement of husbandry and in either 
        case not subject to registration if used upon the highways. 
           (b) A towed vehicle meeting the description in paragraph 
        (a) is an implement of husbandry without regard to whether the 
        vehicle is towed by an implement of husbandry or by a registered 
        motor vehicle. 
           (c) A self-propelled motor vehicle used in livestock 
        raising operations is an implement of husbandry only if it is: 
           (1) owned by or under the control of a farmer; 
           (2) operated at speeds not exceeding 30 miles per hour; and 
           (3) displaying the slow-moving vehicle emblem described in 
        section 169.522. 
           Sec. 5.  Minnesota Statutes 1996, section 169.01, 
        subdivision 55, is amended to read: 
           Subd. 55.  [IMPLEMENT OF HUSBANDRY.] (a) "Implement of 
        husbandry" means every vehicle, including a farm tractor and 
        farm wagon, designed or adapted exclusively for agricultural, 
        horticultural, or livestock-raising operations or for lifting or 
        carrying an implement of husbandry. 
           (b) A towed vehicle meeting the description in paragraph 
        (a) is an implement of husbandry without regard to whether the 
        vehicle is towed by an implement of husbandry or by a registered 
        motor vehicle has the meaning given in section 168A.01, 
        subdivision 8. 
           Sec. 6.  Minnesota Statutes 1996, section 169.01, 
        subdivision 81, is amended to read: 
           Subd. 81.  [RESIDENTIAL ROADWAY.] Residential roadway means 
        a street or portion of a street that is less than one-quarter 
        mile in length and is functionally classified by the 
        commissioner of transportation as a local street by the road 
        authority having jurisdiction. 
           Sec. 7.  Minnesota Statutes 1996, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 84.  [DAYTIME.] For purposes of regulating the 
        operation of a motor vehicle, "daytime" means the time from 
        one-half hour before sunrise to one-half hour after sunset. 
           Sec. 8.  Minnesota Statutes 1996, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 85.  [NIGHTTIME.] For purposes of regulating the 
        operation of a motor vehicle, "nighttime" means the time from 
        one-half hour after sunset to one-half hour before sunrise. 
           Sec. 9.  Minnesota Statutes 1996, section 169.14, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
        exists the following speeds shall be lawful, but any speeds in 
        excess of such limits shall be prima facie evidence that the 
        speed is not reasonable or prudent and that it is unlawful; 
        except that the speed limit within any municipality shall be a 
        maximum limit and any speed in excess thereof shall be unlawful: 
           (1) 30 miles per hour in an urban district; 
           (2) 65 miles per hour on non-Interstate freeways and 
        expressways, as defined in section 160.02, subdivision 16, 
        outside the limits of any urbanized area with a population of 
        greater than 50,000 as defined by order of the commissioner of 
        transportation; 
           (3) 55 miles per hour in locations other than those 
        specified in this section; 
           (4) 70 miles per hour on Interstate highways outside the 
        limits of any urbanized area with a population of greater than 
        50,000 as defined by order of the commissioner of 
        transportation; 
           (5) 65 miles per hour on Interstate highways inside the 
        limits of any urbanized area with a population of greater than 
        50,000 as defined by order of the commissioner of 
        transportation; 
           (6) ten miles per hour in alleys; and 
           (5) (7) 25 miles per hour in residential roadways if 
        adopted by the road authority having jurisdiction over the 
        residential roadway.  
           (b) A speed limit adopted under paragraph (a), 
        clause (5) (7), is not effective unless the road authority has 
        erected signs designating the speed limit and indicating the 
        beginning and end of the residential roadway on which the speed 
        limit applies. 
           Sec. 10.  Minnesota Statutes 1996, section 169.14, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REDUCED SPEED REQUIRED.] (a) The driver of any 
        vehicle shall, consistent with the requirements, drive at an 
        appropriate reduced speed when approaching or passing an 
        authorized emergency vehicle stopped with emergency lights 
        flashing on any street or highway, when approaching and crossing 
        an intersection or railway grade crossing, when approaching and 
        going around a curve, when approaching a hill crest, when 
        traveling upon any narrow or winding roadway, and when special 
        hazards exist with respect to pedestrians or other traffic or by 
        reason of weather or highway conditions.  
           (b) A person who fails to reduce speed appropriately when 
        approaching or passing an authorized emergency vehicle stopped 
        with emergency lights flashing on a street or highway shall be 
        assessed an additional surcharge equal to the amount of the fine 
        imposed for the speed violation, but not less than $25. 
           Sec. 11.  Minnesota Statutes 1996, section 169.14, 
        subdivision 5d, is amended to read: 
           Subd. 5d.  [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 
        commissioner, on trunk highways and temporary trunk highways, 
        and local authorities, on streets and highways under their 
        jurisdiction, may authorize the use of reduced maximum speed 
        limits in highway work zones.  The commissioner or local 
        authority is not required to conduct an engineering and traffic 
        investigation before authorizing a reduced speed limit in a 
        highway work zone. 
           (b) The minimum highway work zone speed limit is 20 miles 
        per hour.  The work zone speed limit must not reduce the 
        established speed limit on the affected street or highway by 
        more than 15 miles per hour, except that the highway work zone 
        speed limit shall not exceed 40 miles per hour.  Highway work 
        zone speed limits are effective on erection of appropriate 
        regulatory speed limit signs.  The signs must be removed or 
        covered when they are not required.  A speed greater than the 
        posted highway work zone speed limit is unlawful.  
           (c) For purposes of this subdivision, "highway work zone" 
        means a segment of highway or street where a road authority or 
        its agent is constructing, reconstructing, or maintaining the 
        physical structure of the roadway, its shoulders, or features 
        adjacent to the roadway, including underground and overhead 
        utilities and highway appurtenances. 
           (d) Notwithstanding section 609.0331 or 609.101 or other 
        law to the contrary, a person who violates a speed limit 
        established under paragraph (b), or who violates any other 
        provision of this section or section 169.141 while in a highway 
        work zone, is assessed an additional surcharge equal to the 
        amount of the fine imposed for the speed violation, but not less 
        than $25. 
           Sec. 12.  Minnesota Statutes 1996, section 169.145, is 
        amended to read: 
           169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.] 
           No person may: 
           (1) drive or tow an implement of husbandry that exceeds 
        6,000 pounds registered gross weight or gross vehicle weight and 
        is not equipped with brakes; or 
           (2) tow a vehicle registered as a farm trailer that exceeds 
        6,000 pounds registered gross weight or gross vehicle weight and 
        is not equipped with brakes and exceeding 6,000 pounds, at a 
        speed in excess of 25 30 miles per hour. 
           Sec. 13.  Minnesota Statutes 1996, section 169.17, is 
        amended to read: 
           169.17 [EMERGENCY VEHICLES.] 
           The speed limitations set forth in sections 169.14 to 
        169.17 do not apply to an authorized emergency vehicles when 
        vehicle responding to an emergency calls, but the drivers 
        thereof call.  Drivers of all emergency vehicles shall sound an 
        audible signal by siren and display at least one lighted red 
        light to the front except that law enforcement vehicles shall 
        sound an audible signal by siren or display at least one lighted 
        red light to the front.  This provision does not relieve the 
        driver of an authorized emergency vehicle from the duty to drive 
        with due regard for the safety of persons using the street, nor 
        does it protect the driver of an authorized emergency vehicle 
        from the consequence of a reckless disregard of the safety of 
        others. 
           Sec. 14.  Minnesota Statutes 1996, section 169.522, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISPLAYING EMBLEM; RULES.] (a) All 
        animal-drawn vehicles, motorized golf carts when operated on 
        designated roadways pursuant to section 169.045, implements of 
        husbandry, and other machinery, including all road construction 
        machinery, which are designed for operation at a speed of 25 30 
        miles per hour or less shall display a triangular slow-moving 
        vehicle emblem, except (1) when being used in actual 
        construction and maintenance work and traveling within the 
        limits of a construction area which is marked in accordance with 
        requirements of the manual of uniform traffic control devices, 
        as set forth in section 169.06, or (2) for a towed implement of 
        husbandry that is empty and that is not self-propelled, in which 
        case it may be towed at lawful speeds greater than 25 30 miles 
        per hour without removing the slow-moving vehicle emblem.  The 
        emblem shall consist of a fluorescent yellow-orange triangle 
        with a dark red reflective border and be mounted so as to be 
        visible from a distance of not less than 600 feet to the rear.  
        When a primary power unit towing an implement of husbandry or 
        other machinery displays a slow-moving vehicle emblem visible 
        from a distance of 600 feet to the rear, it shall not be 
        necessary to display a similar emblem on the secondary unit.  
        After January 1, 1975, all slow-moving vehicle emblems sold in 
        this state shall be so designed that when properly mounted they 
        are visible from a distance of not less than 600 feet to the 
        rear when directly in front of lawful lower beam of head lamps 
        on a motor vehicle.  The commissioner of public safety shall 
        adopt standards and specifications for the design and position 
        of mounting the slow-moving vehicle emblem.  Such standards and 
        specifications shall be adopted by rule in accordance with the 
        administrative procedure act.  A violation of this section shall 
        not be admissible evidence in any civil cause of action arising 
        prior to January 1, 1970. 
           (b) An alternate slow-moving vehicle emblem consisting of a 
        dull black triangle with a white reflective border may be used 
        after obtaining a permit from the commissioner under rules of 
        the commissioner.  A person with a permit to use an alternate 
        slow-moving vehicle emblem must: 
           (1) carry in the vehicle a regular slow-moving vehicle 
        emblem and display the emblem when operating a vehicle between 
        sunset and sunrise, and at any other time when visibility is 
        impaired by weather, smoke, fog, or other conditions; and 
           (2) permanently affix to the rear of the slow-moving 
        vehicle at least 72 square inches of reflective tape that 
        reflects the color red. 
           Sec. 15.  Minnesota Statutes 1996, section 169.801, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXEMPTION FROM SIZE, WEIGHT, LOAD 
        PROVISIONS.] Except as provided in this section and section 
        169.82, the provisions of sections 169.80 to 169.88 that govern 
        size, weight, and load do not apply to: 
           (1) a horse-drawn wagon while carrying a load of loose 
        straw or hay; 
           (2) a specialized vehicle resembling a low-slung trailer 
        having a short bed or platform, while transporting one or more 
        implements of husbandry; or 
           (3) an implement of husbandry while being driven or towed 
        at a speed of not more than 25 30 miles per hour; provided that 
        this exemption applies to an implement of husbandry owned, 
        leased, or under the control of a farmer or implement dealer 
        only while the implement of husbandry is being operated on 
        noninterstate roads or highways within 75 miles of any 
        farmland or implement dealership:  (i) owned, leased, or 
        operated by the farmer or implement dealer and (ii) on which the 
        farmer or implement dealer regularly uses or sells or leases the 
        implement of husbandry. 
           Sec. 16.  Minnesota Statutes 1996, section 174.23, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [COST REIMBURSEMENT POLICIES.] The commissioner 
        of transportation shall establish reimbursement policies based 
        on the cost principles of the federal acquisition regulations to 
        determine the reasonableness and allowability of various costs, 
        including overhead factors, direct salary costs, and other costs 
        of design and consultant contracts. 
           Sec. 17.  Minnesota Statutes 1996, section 473.894, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
        adoption of the regionwide public safety radio system 
        communication plan the commissioner of transportation, on behalf 
        of the state of Minnesota, shall use the plan adopted by the 
        board under subdivision 2 to submit an extended implementation 
        application to the Federal Communications Commission (FCC) for 
        the NPSPAC channels and other public safety frequencies 
        available for use in the metropolitan area and necessary to 
        implement the plan.  Local governments and all other public or 
        private entities eligible under part 90 of the FCC rules shall 
        not apply for public safety channels in the 821 to 824 and 866 
        to 869 megahertz bands for use within the metropolitan counties 
        until the FCC takes final action on the regional application 
        submitted under this section.  Exceptions to the restrictions on 
        the application for the NPSPAC channels may be granted by the 
        radio board.  The Minnesota department of transportation shall 
        hold the master system licenses for all public safety 
        frequencies assigned to the metropolitan area issued by the FCC 
        first phase under the board's plan and these channels shall be 
        used for the implementation of the plan.  Local governments and 
        other public and private entities eligible under part 90 of the 
        FCC rules may apply to the FCC as colicensees for subscriber 
        equipment and those portions of the network infrastructure owned 
        by them.  Application for colicensing under this section shall 
        require the concurrence of the radio board.  The radio board 
        shall hold the master system licenses for the public safety 
        frequencies assigned to local government subsystems under the 
        board's plan and these channels shall be used for implementation 
        of the plan.  Upon approval by the board of a local government's 
        subsystem plan and evidence of a signed contract with a vendor 
        for construction of a subsystem consistent with the board's 
        system plan, the board shall apply to the FCC to transfer to the 
        local government the licenses for the public safety frequencies 
        assigned by the plan for use in the network infrastructure owned 
        by the local government.  The radio board, the Minnesota 
        department of transportation, and local subsystem owners shall 
        jointly colicense all subscriber equipment for the backbone 
        system. 
           Sec. 18.  Laws 1994, chapter 635, article 1, section 35, is 
        amended to read: 
           Sec. 35.  [TRUNK HIGHWAY NO. 280; NOISE BARRIERS.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section 
        "trunk highway No. 280 project" means a department of 
        transportation highway improvement project on marked trunk 
        highway No. 280 that would improve, expand, or reconstruct the 
        highway. 
           Subd. 2.  [REQUIREMENT TRUNK HIGHWAY NO. 280 NOISE 
        PROBLEMS; RESOLUTION OF PROBLEMS AND ISSUES.] If the 
        commissioner of transportation takes any action between the 
        effective date of this section and June 30, 1996, that would 
        have the effect of delaying the start of the trunk highway No. 
        280 project beyond June 30, 1997, the commissioner shall, within 
        12 months after taking that action, erect noise barriers on the 
        highway between marked interstate highways Nos. I-94 and I-35W 
        as provided in the noise barrier component of the project.  The 
        department of transportation shall work with the community 
        groups that represent residents who live along marked trunk 
        highway No. 280 to seek solutions consistent with state daytime 
        noise standards, within a reasonable time, for both the 
        continuing and any additional noise problems and noise 
        mitigation issues related to or arising from the highway. 
           Subd. 3.  [REQUIRED ACTIONS.] The department of 
        transportation shall build a noise barrier, if the Lauderdale 
        city council so requests by resolution, or take other 
        appropriate steps in consultation with community groups that 
        represent residents who live along marked trunk highway No. 280, 
        as part of a trunk highway No. 280 project. 
           Sec. 19.  [HIGHWAY ACCESS MANAGEMENT POLICY STUDY.] 
           The commissioner of transportation shall gather information 
        and consult with public officials of towns, cities, counties, 
        and other political subdivisions to consider views and proposals 
        for establishing a comprehensive, statewide highway access 
        management policy.  The commissioner shall make findings and 
        prepare a report to the legislature, with recommendations, 
        covering a wide range of interrelated land use, engineering, and 
        legal procedures and planning designed to maximize the 
        operational efficiency and safety of all functional categories 
        of roadways.  The commissioner of transportation shall submit 
        the report to the legislature by January 15, 1999. 
           Sec. 20.  [REPEALER.] 
           (a) Minnesota Statutes 1996, section 169.14, subdivision 
        4a, is repealed. 
           (b) Minnesota Rules, parts 8840.0100; 8840.0200; 8840.0300; 
        8840.0400; 8840.0500; 8840.0600; 8840.0700; 8840.0800; 
        8840.0900; 8840.1000; 8840.1100; 8840.1200; and 8840.1300, are 
        repealed. 
           Sec. 21.  [APPLICATION.] 
           Section 11 applies in Anoka, Carver, Dakota, Hennepin, 
        Ramsey, Scott, and Washington counties. 
           Sec. 22.  [EFFECTIVE DATE.] 
           Sections 1 to 8, 10 to 17, 19, 20, paragraph (b), and 21 
        are effective the day following final enactment.  
           Sections 9 and 20, paragraph (a), are effective July 1, 
        1997. 
           Presented to the governor May 30, 1997 
           Signed by the governor June 3, 1997, 2:24 p.m.

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