Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

Minnesota Session Laws

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

                            CHAPTER 364-S.F.No. 3298 
                  An act relating to transportation; modifying 
                  reimbursement for expenses of displaced business 
                  following condemnation; regulating certain operations 
                  of diesel school buses; requiring commissioner of 
                  transportation to utilize agriculture-based de-icing 
                  solutions; allowing commissioner to acquire land to 
                  preserve highway corridors; allowing advance funding 
                  for trunk highway projects; modifying provisions 
                  governing road inspections, first hauls, and weight 
                  allowances for commercial motor vehicles; requiring 
                  that USDOT numbers be reported to registrar of motor 
                  vehicles; allowing limited use of highway shoulders by 
                  buses and vanpools; regulating motorcycle parking; 
                  modifying motor carrier provisions to reduce certain 
                  regulatory obligations; increasing limit for funds 
                  that may be transferred from state airports fund to 
                  hangar construction revolving account; modifying 
                  budget reduction of department of transportation 
                  construction district 1; removing sunset provision 
                  relating to determining city populations for state-aid 
                  street purposes; exempting certain 
                  transportation-related contracts from moratorium on 
                  state contracts for professional or technical 
                  services; requiring commissioner to retain Stillwater 
                  Bridge project in transportation improvement program; 
                  requiring commissioner to prepare new signal agreement 
                  in city of Anoka; providing for resolution of dispute 
                  relating to Camp Coldwater Springs; establishing 
                  highway corridor-protection demonstration project; 
                  exempting certain federal funds from statutory 
                  matching requirements; requiring issuance of permit 
                  for bikeway in Chanhassen; creating technical advisory 
                  group to streamline environmental review process; 
                  providing for joint venture for highway rest area 
                  between Brainerd and Little Falls; making clarifying 
                  changes; providing for fees; requiring reports; 
                  amending Minnesota Statutes 2000, sections 161.20, 
                  subdivision 2; 161.361; 168.011, subdivision 17; 
                  168.013, subdivision 3; 169.771, subdivisions 2, 3; 
                  169.85, subdivisions 1, 2; 169.851, subdivision 3; 
                  169.86, subdivision 5; 169.974, subdivision 5; 
                  221.0252, subdivision 3; 221.0314, by adding a 
                  subdivision; 221.0355, subdivisions 2, 3; 221.221, 
                  subdivision 4; 221.605, subdivision 1; 360.305, 
                  subdivision 4; Minnesota Statutes 2001 Supplement, 
                  sections 117.51; 161.162, subdivision 2; 169.825, 
                  subdivision 11; 221.221, subdivision 2; Laws 2001, 
                  First Special Session chapter 8, article 1, section 8; 
                  Laws 2001, First Special Session chapter 8, article 2, 
                  section 6; Laws 2002, chapter 220, article 10, section 
                  37; proposing coding for new law in Minnesota 
                  Statutes, chapters 123B; 161; 168; 169; 171; repealing 
                  Minnesota Statutes 2000, section 221.0313; Minnesota 
                  Statutes 2001 Supplement, section 161.362. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2001 Supplement, section 
        117.51, is amended to read: 
           117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
           In all acquisitions undertaken by any acquiring authority 
        and in all voluntary rehabilitation carried out by a person 
        pursuant to acquisition or as a consequence thereof, the 
        acquiring authority shall cooperate to the fullest extent with 
        federal departments and agencies, and it shall take all 
        necessary action in order to insure, to the maximum extent 
        possible, federal financial participation in any and all phases 
        of acquisition, including the provision of relocation 
        assistance, services, payments and benefits to displaced 
        persons.  An acquiring authority may consider reimbursing up to 
        $50,000 in relocation or reestablishment expenses of a displaced 
        business. 
           Sec. 2.  [123B.885] [DIESEL SCHOOL BUSES; OPERATION OF 
        ENGINE; PARKING.] 
           Subdivision 1.  [OPERATION OF ENGINE.] All operators of 
        diesel school buses must minimize, to the extent practical, the 
        idling of school bus engines and exposure of children to diesel 
        exhaust fumes. 
           Subd. 2.  [PARKING.] On and after July 1, 2003, diesel 
        school buses must be parked and loaded at sufficient distance 
        from school air-intake systems to avoid diesel fumes from being 
        drawn into the systems, unless, in the judgment of the school 
        board, alternative locations block traffic, impair student 
        safety, or are not cost effective. 
           Sec. 3.  Minnesota Statutes 2001 Supplement, section 
        161.162, subdivision 2, is amended to read: 
           Subd. 2.  [FINAL LAYOUT.] (a) "Final layout" means 
        geometric layouts and supplemental drawings that show the 
        location, character, dimensions, access, and explanatory 
        information about the highway construction or improvement work 
        being proposed.  "Final layout" includes, where applicable, 
        traffic lanes, shoulders, trails, intersections, signals, 
        bridges, approximate right-of-way limits, existing ground line 
        and proposed grade line of the highway, turn lanes, access 
        points and closures, sidewalks, speed zones proposed design 
        speed, noise walls, transit considerations, auxiliary lanes, 
        interchange locations, interchange types, sensitive areas, 
        existing right-of-way, traffic volume and turning movements, 
        location of stormwater drainage, location of municipal 
        utilities, project schedule and estimated cost, and the name of 
        the project manager. 
           (b) "Final layout" does not include a cost participation 
        agreement.  For purposes of this subdivision "cost participation 
        agreement" means a document signed by the commissioner and the 
        governing body of a municipality that states the costs of a 
        highway construction project that will be paid by the 
        municipality. 
           Sec. 4.  [161.168] [SNOW AND ICE CONTROL MATERIALS.] 
           Subdivision 1.  [USE OF AGRICULTURE-BASED DE-ICING 
        SOLUTION.] The commissioner of transportation shall use a 
        de-icing solution derived from agricultural products for snow 
        and ice control on trunk highways to the extent that the 
        commissioner determines is economically feasible, 
        environmentally beneficial, and consistent with public safety. 
           Subd. 2.  [EFFECT ON ENVIRONMENT.] The commissioner, in 
        determining which snow and ice control materials to use on trunk 
        highways, shall consider the effect of each type of material on 
        the environment and on the deterioration of bridges and other 
        structures. 
           Sec. 5.  Minnesota Statutes 2000, section 161.20, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION 
        OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] The 
        commissioner is authorized to acquire by purchase, gift, or by 
        eminent domain proceedings as provided by law, in fee or such 
        lesser estate as the commissioner deems necessary, all lands and 
        properties necessary in preserving future trunk highway 
        corridors or in laying out, constructing, maintaining, and 
        improving the trunk highway system including recreational 
        vehicle lanes; to locate, construct, reconstruct, improve, and 
        maintain the trunk highway system; to purchase all road 
        material, machinery, tools, and supplies necessary for the 
        construction, maintenance, and improvement thereof; to construct 
        necessary buildings, or rent or acquire by purchase, gift, or 
        condemnation, grounds, and buildings necessary for the storing 
        and housing of such material, machinery, tools, and supplies or 
        necessary for office space for employees or for providing for 
        driver's license examinations; to maintain, repair, or remodel 
        such buildings as may be necessary; to acquire by purchase, 
        gift, or condemnation, replacement sites for historically 
        significant buildings or structures and to relocate these 
        buildings or structures onto those sites, reconstructing and 
        maintaining them until disposed of through public sale to the 
        highest responsible bidder; to make agreements with any county 
        for the relocation or reestablishment, by the county, of 
        section, quarter section, or meander corners originally 
        established by the United States, when such relocation or 
        reestablishment is necessary in order to write land acquisition 
        descriptions or by reason of the construction, reconstruction, 
        improvement, or maintenance of a trunk highway; to contract on 
        an equitable basis with railroad companies for the installation 
        and reinstallation of safety devices at trunk highway-railroad 
        grade crossings, and for the construction, reconstruction and 
        maintenance of bridges and approaches existing or necessary for 
        the separation of grades at railroad and trunk highway 
        intersections; and in carrying out duties, to let all necessary 
        contracts in the manner prescribed by law.  The commissioner may 
        make agreements with and cooperate with any governmental 
        authority for the purpose of effectuating the provisions of this 
        chapter. 
           Sec. 6.  Minnesota Statutes 2000, section 161.361, is 
        amended to read: 
           161.361 [ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS.] 
           Subdivision 1.  [ADVANCE FUNDING.] A road authority other 
        than the commissioner may by agreement with the commissioner 
        make advances from any available funds to the commissioner to 
        expedite construction of all or part of a trunk highway.  Money 
        may be advanced under this section only for projects already 
        included in the commissioner's ten-year highway work 
        program.  The total amount of annual repayment to road 
        authorities under this subdivision must never exceed $10,000,000.
           Subd. 1a.  [INTERREGIONAL CORRIDORS.] By agreement with the 
        commissioner, a road authority other than the commissioner or 
        two or more road authorities that have entered into a joint 
        powers agreement under section 471.59 may make advances from any 
        available funds to the commissioner to expedite development of 
        an interregional transportation corridor, including funds for 
        design consultants, for right-of-way purchases, for 
        construction, or for other related expenditures.  The total 
        amount of annual repayment to road authorities under this 
        subdivision must never exceed $10,000,000. 
           Subd. 1b.  [BOTTLENECKS.] By agreement with the 
        commissioner, a road authority other than the commissioner or 
        two or more road authorities that have entered into a joint 
        powers agreement under section 471.59 may make advances from any 
        available funds to the commissioner to expedite bottleneck 
        reduction, including funds for design consultants, for 
        right-of-way purchases, for construction, or for other related 
        expenditures.  The total amount of annual repayment to road 
        authorities under this subdivision must never exceed $10,000,000.
           Subd. 2.  [REPAYMENT.] Subject to the availability of state 
        money, the commissioner shall repay without interest the 
        amount amounts advanced under subdivision 1 this section, up to 
        the state's share of project costs, at the time the project is 
        scheduled for completion in the highway work program.  The total 
        amount of annual repayment to road authorities under this 
        section must never exceed the amount stated in the department's 
        debt management policy or $10,000,000, whichever is less under 
        terms of the agreement.  The agreement may provide for payment 
        of interest for funds advanced under subdivisions 1a and 1b. The 
        maximum interest rate that may be paid is the rate earned by the 
        state on invested treasurer's cash for the month before the date 
        the agreement is executed or the actual interest paid by the 
        road authority in borrowing for the amount advanced, whichever 
        rate is less. 
           Sec. 7.  Minnesota Statutes 2000, section 168.011, 
        subdivision 17, is amended to read: 
           Subd. 17.  [FARM TRUCK.] (a) "Farm truck" means all single 
        unit trucks, truck-tractors, tractors, semitrailers, and 
        trailers used by the owner thereof to transport agricultural, 
        horticultural, dairy, and other farm products, including 
        livestock, produced or finished by the owner of the truck, and 
        any other personal property owned by the farmer to whom the 
        license for the truck is issued, from the farm to market, and to 
        transport property and supplies to the farm of the owner.  
        Trucks, truck-tractors, tractors, semitrailers, and trailers 
        registered as "farm trucks" may be used by the owner thereof to 
        occasionally transport unprocessed and raw farm products, not 
        produced by the owner of the truck, from the place of production 
        to market when the transportation constitutes the first haul of 
        the products, and may be used by the owner thereof, either 
        farmer or logger who harvests and hauls forest products only, to 
        transport logs, pulpwood, lumber, chips, railroad ties and other 
        raw and unfinished forest products from the place of production 
        to an intermediate or final assembly point or transfer yard or 
        railhead when the transportation constitutes, which 
        transportation may be continued by another farm truck to a place 
        for final processing or manufacture located within 200 miles of 
        the place of production and all of which is deemed to constitute 
        the first haul thereof, of unfinished wood products; provided 
        that the owner and operator of the vehicle transporting planed 
        lumber shall have in immediate possession a statement signed by 
        the producer of the lumber designating the governmental 
        subdivision, section, and township where the lumber was produced 
        and that this haul, indicating the date, is the first haul 
        thereof.  The licensed vehicles may also be used by the owner 
        thereof to transport, to and from timber-harvesting areas, 
        equipment and appurtenances incidental to timber harvesting, and 
        gravel and other road-building materials for timber haul roads. 
           (b) "Farm trucks" shall also include only single unit 
        trucks, which that, because of their construction, cannot be 
        used for any other purpose and are used exclusively to transport 
        milk and cream en route from a farm to an assembly point or 
        place for final manufacture, and for transporting milk and cream 
        from an assembly point to a place for final processing or 
        manufacture.  This section shall not be construed to mean that 
        the owner or operator of the truck cannot carry on usual 
        accommodation services for patrons on regular return trips, such 
        as butter, cream, cheese, and other dairy supplies. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 8.  Minnesota Statutes 2000, section 168.013, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
        WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
        gross weight shall state the unloaded weight of the motor 
        vehicle, trailer, or semitrailer and the maximum load the 
        applicant proposes to carry thereon, the sum of which shall 
        constitute the gross weight upon which the license tax shall be 
        paid, but in no case shall the declared gross weight upon which 
        the tax is paid be less than 1-1/4 times the declared unloaded 
        weight of the motor vehicle, trailer, or semitrailer to be 
        registered, except recreational vehicles taxed under subdivision 
        1g, school buses taxed under subdivision 18, and tow trucks or 
        towing vehicles defined in section 169.01, subdivision 52.  The 
        gross weight of a tow truck or towing vehicle is the actual 
        weight of the tow truck or towing vehicle fully equipped, but 
        does not include the weight of a wrecked or disabled vehicle 
        towed or drawn by the tow truck or towing vehicle. 
           (b) The gross weight of no a motor vehicle, trailer, or 
        semitrailer shall not exceed the gross weight upon which the 
        license tax has been paid by more than four percent or 1,000 
        pounds, whichever is greater; provided that, a vehicle 
        transporting unfinished forest products in accordance with 
        paragraph (d)(3) shall not exceed its gross vehicle weight upon 
        which the license tax has been paid, or gross axle weight on any 
        axle, by more than five percent and, notwithstanding other law 
        to the contrary, is not subject to any fee, fine, or other 
        assessment or penalty for exceeding a gross vehicle or axle 
        weight by up to five percent. 
           (c) The gross weight of the motor vehicle, trailer, or 
        semitrailer for which the license tax is paid shall be indicated 
        by a distinctive character on the license plate or plates except 
        as provided in subdivision 12 and the plate or plates shall be 
        kept clean and clearly visible at all times. 
           (d) The owner, driver, or user of a motor vehicle, trailer, 
        or semitrailer, upon conviction for transporting a gross weight 
        in excess of the gross weight for which it was registered or for 
        operating a vehicle with an axle weight exceeding the maximum 
        lawful axle load weight, shall be guilty of a misdemeanor and be 
        subject to increased registration or reregistration according to 
        the following schedule: 
           (1) The owner, driver, or user of a motor vehicle, trailer, 
        or semitrailer, upon conviction for transporting a gross weight 
        in excess of the gross weight for which it is registered by more 
        than four percent or 1,000 pounds, whichever is greater, the 
        allowance set forth in paragraph (b) but less than 25 percent or 
        for operating or using a motor vehicle, trailer, or semitrailer 
        with an axle weight exceeding the maximum lawful axle load as 
        provided in section 169.825 by more than four percent or 1,000 
        pounds, whichever is greater, the allowance set forth in 
        paragraph (b) but less than 25 percent, in addition to any 
        penalty imposed for the misdemeanor shall apply to the registrar 
        to increase the authorized gross weight to be carried on the 
        vehicle to a weight equal to or greater than the gross weight 
        the owner, driver, or user was convicted of carrying, the 
        increase computed for the balance of the calendar year on the 
        basis of 1/12 of the annual tax for each month remaining in the 
        calendar year beginning with the first day of the month in which 
        the violation occurred.  If the additional registration tax 
        computed upon that weight, plus the tax already paid, amounts to 
        more than the regular tax for the maximum gross weight permitted 
        for the vehicle under section 169.825, that additional amount 
        shall nevertheless be paid into the highway fund, but the 
        additional tax thus paid shall not permit the vehicle to be 
        operated with a gross weight in excess of the maximum legal 
        weight as provided by section 169.825.  Unless the owner within 
        30 days after a conviction shall apply to increase the 
        authorized weight and pay the additional tax as provided in this 
        section, the registrar shall revoke the registration on the 
        vehicle and demand the return of the registration card and 
        plates issued on that registration. 
           (2) The owner or driver or user of a motor vehicle, 
        trailer, or semitrailer upon conviction for transporting a gross 
        weight in excess of the gross weight for which the motor 
        vehicle, trailer, or semitrailer was registered by 25 percent or 
        more, or for operating or using a vehicle or trailer with an 
        axle weight exceeding the maximum lawful axle load as provided 
        in section 169.825 by 25 percent or more, in addition to any 
        penalty imposed for the misdemeanor, shall have the reciprocity 
        privileges on the vehicle involved if the vehicle is being 
        operated under reciprocity canceled by the registrar, or if the 
        vehicle is not being operated under reciprocity, the certificate 
        of registration on the vehicle operated shall be canceled by the 
        registrar and the registrar shall demand the return of the 
        registration certificate and registration plates.  The registrar 
        may not cancel the registration or reciprocity privileges for 
        any vehicle found in violation of seasonal load restrictions 
        imposed under section 169.87 unless the axle weight exceeds the 
        year-round weight limit for the highway on which the violation 
        occurred.  The registrar may investigate any allegation of gross 
        weight violations and demand that the operator show cause why 
        all future operating privileges in the state should not be 
        revoked unless the additional tax assessed is paid. 
           (3) Clause (1) does not apply to the first haul of 
        unprocessed or raw farm products or unfinished forest products, 
        when the registered gross weight is not exceeded by more than 
        ten percent.  For purposes of this clause, "first haul" means 
        (i) the first, continuous transportation of unprocessed or raw 
        farm products from the place of production or on-farm storage 
        site to any other location within 50 miles of the place of 
        production or on-farm storage site, or (ii) the first, 
        continuous or noncontinuous transportation of unfinished forest 
        products from the place of production to the place of first 
        unloading final processing or manufacture located within 200 
        miles of the place of production. 
           (4) When the registration on a motor vehicle, trailer, or 
        semitrailer is revoked by the registrar according to provisions 
        of this section, the vehicle shall not be operated on the 
        highways of the state until it is registered or reregistered, as 
        the case may be, and new plates issued, and the registration fee 
        shall be the annual tax for the total gross weight of the 
        vehicle at the time of violation.  The reregistration pursuant 
        to this subdivision of any vehicle operating under reciprocity 
        agreements pursuant to section 168.181 or 168.187 shall be at 
        the full annual registration fee without regard to the 
        percentage of vehicle miles traveled in this state.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 9.  [168.185] [USDOT NUMBERS.] 
           (a) An owner of a truck or truck tractor having a gross 
        vehicle weight of more than 10,000 pounds, as defined in section 
        169.01, subdivision 46, other than a farm truck, shall report to 
        the registrar at the time of registration its USDOT carrier 
        number.  A person subject to this paragraph who does not have a 
        USDOT number shall apply for the number at the time of 
        registration by completing a form MCS-150 Motor Carrier 
        Identification Report, issued by the Federal Motor Carrier 
        Safety Administration, or comparable document as determined by 
        the registrar. 
           (b) Assigned USDOT numbers need not be displayed on the 
        outside of the vehicle, but must be made available upon request 
        of an authorized agent of the registrar, peace officer, other 
        employees of the state patrol authorized in chapter 299D, or 
        employees of the Minnesota department of transportation.  The 
        vehicle owner shall notify the registrar if there is a change to 
        the owner's USDOT number. 
           (c) If an owner fails to report or apply for a USDOT 
        number, the registrar shall suspend the owner's registration. 
           (d) Until October 1, 2003, paragraphs (a) to (c) do not 
        apply to an agricultural fertilizer or agricultural chemical 
        retailer while exclusively engaged in delivering fertilizer or 
        agricultural chemicals to a farmer for on-farm use.  
           Sec. 10.  [169.306] [USE OF SHOULDERS BY BUSES.] 
           If the commissioner of transportation permits the use by 
        transit buses of a shoulder of a freeway or expressway, as 
        defined in section 160.02, in the seven-county metropolitan 
        area, the commissioner shall permit the use on that shoulder of 
        a bus with a seating capacity of 40 passengers or more operated 
        by a motor carrier of passengers, as defined in section 221.011, 
        subdivision 48, while operating in intrastate commerce. 
           Buses authorized to use the shoulder under this section may 
        be operated on the shoulder only when main line traffic speeds 
        are less than 35 miles per hour.  Drivers of buses being 
        operated on the shoulder, may not exceed the speed of main line 
        traffic by more than 15 miles per hour and may never exceed 35 
        miles per hour.  Drivers of buses being operated on the shoulder 
        must yield to merging, entering, and exiting traffic and must 
        yield to other vehicles on the shoulder.  Buses operated on the 
        shoulder must be registered with the department of 
        transportation.  
           Sec. 11.  Minnesota Statutes 2000, section 169.771, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INSPECTION BY STATE TROOPER.] (a) The 
        commissioner of public safety is directed to accelerate spot 
        check inspections for unsafe motor vehicles and motor vehicle 
        equipment.  Such inspections shall be conducted by the personnel 
        of the state patrol who shall give the operator of a commercial 
        motor vehicle a signed and dated document as evidence of the 
        inspection.  
           (b) However, personnel of the state patrol may not conduct 
        another spot inspection of a commercial motor vehicle if (1) the 
        operator of the vehicle can show evidence of an inspection, 
        which is free of critical defects, conducted in Minnesota 
        according to this section within the previous 90 days and (2) a 
        state trooper does not have probable cause to believe the 
        vehicle or its equipment is unsafe or that the operator has 
        engaged in illegal activity.  In addition, if the operator shows 
        the state trooper evidence that the commercial motor vehicle has 
        been inspected within the previous 90 days, but the officer has 
        probable cause to believe the vehicle or its equipment is unsafe 
        or to suspect illegal activity, then the vehicle may be 
        inspected to confirm the existence or absence of an unsafe 
        condition or of the suspected illegal activity.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 12.  Minnesota Statutes 2000, section 169.771, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RULES.] The commissioner of public safety may 
        establish such reasonable rules as are necessary to carry out 
        the provisions of this section, but all spot check inspections 
        shall be held in compliance with subdivision 2 and in such a 
        manner that the motor vehicle operators, either private or 
        commercial, shall not be unnecessarily inconvenienced either by 
        extended detours, unnecessary delays, or any other unreasonable 
        cause.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 13.  Minnesota Statutes 2001 Supplement, section 
        169.825, subdivision 11, is amended to read: 
           Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
        limitations provided in this section are increased:  
           (1) by ten percent between the dates set by the 
        commissioner based on a freezing index model each winter, 
        statewide; 
           (2) by ten percent between the dates set by the 
        commissioner based on a freezing index model each winter, in the 
        zone bounded as follows:  beginning at Pigeon River in the 
        northeast corner of Minnesota; thence in a southwesterly 
        direction along the north shore of Lake Superior along trunk 
        highway No. 61 to the northeastern city limits of Duluth; thence 
        along the eastern and southern city limits of Duluth to the 
        junction with trunk highway No. 210; thence westerly along trunk 
        highway No. 210 to the junction with trunk highway No. 10; 
        thence northwesterly along trunk highway No. 10 to the 
        Minnesota-North Dakota border; thence northerly along that 
        border to the Minnesota-Canadian Border; thence easterly along 
        said Border to Lake Superior; and 
           (3) by ten percent from the beginning of harvest to 
        November 30 each year for the movement of sugar beets, carrots, 
        and potatoes from the field of harvest to the point of the first 
        unloading.  Transfer of the product from a farm vehicle or small 
        farm trailer, within the meaning of chapter 168, to another 
        vehicle is not considered to be the first unloading.  The 
        commissioner shall not issue permits under this clause if to do 
        so will result in a loss of federal highway funding to the state.
           (b) The duration of a ten percent increase in load limits 
        is subject to limitation by order of the commissioner, subject 
        to implementation of springtime load restrictions.  
           (c) When the ten percent increase is in effect, a permit is 
        required for a motor vehicle, trailer, or semitrailer 
        combination that has a gross weight in excess of 80,000 pounds, 
        an axle group weight in excess of that prescribed in subdivision 
        10, or a single axle weight in excess of 20,000 pounds and which 
        travels on interstate routes.  
           (d) In cases where gross weights in an amount less than 
        that set forth in this section are fixed, limited, or restricted 
        on a highway or bridge by or under another section of this 
        chapter, the lesser gross weight as fixed, limited, or 
        restricted may not be exceeded and must control instead of the 
        gross weights set forth in this section.  
           (e) Notwithstanding any other provision of this 
        subdivision, no vehicle may exceed a total gross vehicle weight 
        of 80,000 pounds on routes which have not been designated by the 
        commissioner under section 169.832, subdivision 11. 
           (f) The commissioner may, after determining the ability of 
        the highway structure and frost condition to support additional 
        loads, grant a permit extending seasonal increases for vehicles 
        using portions of routes falling within two miles of the 
        southern boundary of the zone described under paragraph (a), 
        clause (2). 
           Sec. 14.  Minnesota Statutes 2000, section 169.85, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DRIVER TO STOP FOR WEIGHING.] (a) The 
        driver of a vehicle which that has been lawfully stopped may be 
        required by an officer to submit the vehicle and load to a 
        weighing by means of portable or stationary scales, and.  
           (b) In addition, the officer may require that the vehicle 
        be driven to the nearest available scales, but only if: 
           (1) the distance to the scales is no further than five 
        miles, or if the distance from the point where the vehicle is 
        stopped to the vehicle's destination is not increased by more 
        than ten miles as a result of proceeding to the nearest 
        available scales; and 
           (2) if the vehicle is a commercial motor vehicle, no more 
        than two other commercial motor vehicles are waiting to be 
        inspected at the scale.  
           (c) Official traffic control devices as authorized by 
        section 169.06 may be used to direct the driver to the nearest 
        scale.  
           (d) When a truck weight enforcement operation is conducted 
        by means of portable or stationary scales and signs giving 
        notice of the operation are posted within the highway 
        right-of-way and adjacent to the roadway within two miles of the 
        operation, the driver of a truck or combination of vehicles 
        registered for or weighing in excess of 12,000 pounds shall 
        proceed to the scale site and submit the vehicle to weighing and 
        inspection. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 15.  Minnesota Statutes 2000, section 169.85, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNLOADING.] (a) Upon weighing a vehicle and 
        load, as provided in this section, an officer may require the 
        driver to stop the vehicle in a suitable place and remain 
        standing until a portion of the load is removed that is 
        sufficient to reduce the gross weight of the vehicle to the 
        limit permitted under either section 168.013, subdivision 3, 
        paragraph (b), or 169.825, whichever is the lesser violation, if 
        any.  A suitable place is a location where loading or tampering 
        with the load is not prohibited by federal, state, or local law, 
        rule, or ordinance.  
           (b) Except as provided in paragraph (c), a driver may be 
        required to unload a vehicle only if the weighing officer 
        determines that (a) (1) on routes subject to the provisions of 
        section 169.825, the weight on an axle exceeds the lawful gross 
        weight prescribed by section 169.825, by 2,000 pounds or more, 
        or the weight on a group of two or more consecutive axles in 
        cases where the distance between the centers of the first and 
        last axles of the group under consideration is ten feet or less 
        exceeds the lawful gross weight prescribed by section 169.825, 
        by 4,000 pounds or more; or (b) (2) on routes designated by the 
        commissioner in section 169.832, subdivision 11, the overall 
        weight of the vehicle or the weight on an axle or group of 
        consecutive axles exceeds the maximum lawful gross weights 
        prescribed by section 169.825; or (c) (3) the weight is unlawful 
        on an axle or group of consecutive axles on a road restricted in 
        accordance with section 169.87.  Material unloaded must be cared 
        for by the owner or driver of the vehicle at the risk of the 
        owner or driver. 
           (c) If the gross weight of the vehicle does not exceed the 
        vehicle's registered gross weight plus the weight allowance set 
        forth in section 168.013, subdivision 3, paragraph (b), then the 
        vehicle is deemed to be not in violation under paragraph (b).  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 16.  Minnesota Statutes 2000, section 169.851, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FIRST HAUL.] "First haul" means the first, 
        continuous transportation from the place of production or on 
        farm storage site to any other location within 50 miles of the 
        place of production or on farm storage site has the meaning 
        given it in section 168.013, subdivision 3, paragraph (d)(3).  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 17.  Minnesota Statutes 2000, section 169.86, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
        commissioner, with respect to highways under the commissioner's 
        jurisdiction, may charge a fee for each permit issued.  All such 
        fees for permits issued by the commissioner of transportation 
        shall be deposited in the state treasury and credited to the 
        trunk highway fund.  Except for those annual permits for which 
        the permit fees are specified elsewhere in this chapter, the 
        fees shall be: 
           (a) $15 for each single trip permit. 
           (b) $36 for each job permit.  A job permit may be issued 
        for like loads carried on a specific route for a period not to 
        exceed two months.  "Like loads" means loads of the same 
        product, weight, and dimension. 
           (c) $60 for an annual permit to be issued for a period not 
        to exceed 12 consecutive months.  Annual permits may be issued 
        for: 
           (1) motor vehicles used to alleviate a temporary crisis 
        adversely affecting the safety or well-being of the public; 
           (2) motor vehicles which travel on interstate highways and 
        carry loads authorized under subdivision 1a; 
           (3) motor vehicles operating with gross weights authorized 
        under section 169.825, subdivision 11, paragraph (a), clause 
        (3); 
           (4) special pulpwood vehicles described in section 169.863; 
        and 
           (5) motor vehicles bearing snowplow blades not exceeding 
        ten feet in width; and 
           (6) noncommercial transportation of a boat by the owner or 
        user of the boat. 
           (d) $120 for an oversize annual permit to be issued for a 
        period not to exceed 12 consecutive months.  Annual permits may 
        be issued for:  
           (1) mobile cranes; 
           (2) construction equipment, machinery, and supplies; 
           (3) manufactured homes; 
           (4) implements of husbandry when the movement is not made 
        according to the provisions of paragraph (i); 
           (5) double-deck buses; 
           (6) commercial boat hauling.  
           (e) For vehicles which have axle weights exceeding the 
        weight limitations of section 169.825, an additional cost added 
        to the fees listed above.  However, this paragraph applies to 
        any vehicle described in section 168.013, subdivision 3, 
        paragraph (b), but only when the vehicle exceeds its gross 
        weight allowance set forth in that paragraph, and then the 
        additional cost is for all weight, including the allowance 
        weight, in excess of the permitted maximum axle weight.  The 
        additional cost is equal to the product of the distance traveled 
        times the sum of the overweight axle group cost factors shown in 
        the following chart:  
                       Overweight Axle Group Cost Factors 
        Weight (pounds)         Cost Per Mile For Each Group Of:
        exceeding       Two consec-     Three consec-   Four consec-
        weight          utive axles     utive axles     utive axles
        limitations     spaced within   spaced within   spaced within
        on axles        8 feet or less  9 feet or less  14 feet or less 
             0-2,000    .12             .05             .04
         2,001-4,000    .14             .06             .05
         4,001-6,000    .18             .07             .06
         6,001-8,000    .21             .09             .07
         8,001-10,000   .26             .10             .08
        10,001-12,000   .30             .12             .09
        12,001-14,000   Not permitted   .14             .11
        14,001-16,000   Not permitted   .17             .12
        16,001-18,000   Not permitted   .19             .15
        18,001-20,000   Not permitted   Not permitted   .16
        20,001-22,000   Not permitted   Not permitted   .20
        The amounts added are rounded to the nearest cent for each axle 
        or axle group.  The additional cost does not apply to paragraph 
        (c), clauses (1) and (3).  
        For a vehicle found to exceed the appropriate maximum permitted 
        weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
        a ton, over the permitted maximum weight is imposed in addition 
        to the normal permit fee.  Miles must be calculated based on the 
        distance already traveled in the state plus the distance from 
        the point of detection to a transportation loading site or 
        unloading site within the state or to the point of exit from the 
        state. 
           (f) As an alternative to paragraph (e), an annual permit 
        may be issued for overweight, or oversize and overweight, 
        construction equipment, machinery, and supplies.  The fees for 
        the permit are as follows:  
        Gross Weight (pounds) of Vehicle          Annual Permit Fee
             90,000 or less                             $200
             90,001 - 100,000                           $300
            100,001 - 110,000                           $400
            110,001 - 120,000                           $500
            120,001 - 130,000                           $600
            130,001 - 140,000                           $700
            140,001 - 145,000                           $800
        If the gross weight of the vehicle is more than 145,000 pounds 
        the permit fee is determined under paragraph (e). 
           (g) For vehicles which exceed the width limitations set 
        forth in section 169.80 by more than 72 inches, an additional 
        cost equal to $120 added to the amount in paragraph (a) when the 
        permit is issued while seasonal load restrictions pursuant to 
        section 169.87 are in effect. 
           (h) $85 for an annual permit to be issued for a period not 
        to exceed 12 months, for refuse compactor vehicles that carry a 
        gross weight of not more than:  22,000 pounds on a single rear 
        axle; 38,000 pounds on a tandem rear axle; or, subject to 
        section 169.825, subdivision 14, 46,000 pounds on a tridem rear 
        axle.  A permit issued for up to 46,000 pounds on a tridem rear 
        axle must limit the gross vehicle weight to not more than 62,000 
        pounds. 
           (i) For vehicles exclusively transporting implements of 
        husbandry, an annual permit fee of $24.  A vehicle operated 
        under a permit authorized by this paragraph may be moved at the 
        discretion of the permit holder without prior route approval by 
        the commissioner if: 
           (1) the total width of the transporting vehicle, including 
        load, does not exceed 14 feet; 
           (2) the vehicle is operated only between sunrise and 30 
        minutes after sunset, and is not operated at any time after 
        12:00 noon on Sundays or holidays; 
           (3) the vehicle is not operated when visibility is impaired 
        by weather, fog, or other conditions that render persons and 
        other vehicles not clearly visible at 500 feet; 
           (4) the vehicle displays at the front and rear of the load 
        or vehicle a pair of flashing amber lights, as provided in 
        section 169.59, subdivision 4, whenever the overall width of the 
        vehicle exceeds 126 inches; and 
           (5) the vehicle is not operated on a trunk highway with a 
        surfaced roadway width of less than 24 feet unless such 
        operation is authorized by the permit. 
        A permit under this paragraph authorizes movements of the 
        permitted vehicle on an interstate highway, and movements of 75 
        miles or more on other highways. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 18.  Minnesota Statutes 2000, section 169.974, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DRIVING RULES.] (a) An operator of a motorcycle 
        shall ride only upon a permanent and regular seat which is 
        attached to the vehicle for that purpose.  No other person shall 
        ride on a motorcycle; except that passengers may ride upon a 
        permanent and regular operator's seat if designed for two 
        persons, or upon additional seats attached to the vehicle to the 
        rear of the operator's seat, or in a sidecar attached to the 
        vehicle; provided, however, that the operator of a motorcycle 
        shall not carry passengers in a number in excess of the designed 
        capacity of the motorcycle or sidecar attached to it.  No 
        passenger shall be carried in a position that will interfere 
        with the safe operation of the motorcycle or the view of the 
        operator. 
           (b) No person shall ride upon a motorcycle as a passenger 
        unless, when sitting astride the seat, the person can reach the 
        foot rests with both feet. 
           (c) No person, except passengers of sidecars or drivers and 
        passengers of three-wheeled motorcycles, shall operate or ride 
        upon a motorcycle except while sitting astride the seat, facing 
        forward, with one leg on either side of the motorcycle. 
           (d) No person shall operate a motorcycle while carrying 
        animals, packages, bundles, or other cargo which prevent the 
        person from keeping both hands on the handlebars. 
           (e) No person shall operate a motorcycle between lanes of 
        moving or stationary vehicles headed in the same direction, nor 
        shall any person drive a motorcycle abreast of or overtake or 
        pass another vehicle within the same traffic lane, except that 
        motorcycles may, with the consent of both drivers, be operated 
        not more than two abreast in a single traffic lane. 
           (f) Motor vehicles including motorcycles are entitled to 
        the full use of a traffic lane and no motor vehicle may be 
        driven or operated in a manner so as to deprive a motorcycle of 
        the full use of a traffic lane. 
           (g) A person operating a motorcycle upon a roadway must be 
        granted the rights and is subject to the duties applicable to a 
        motor vehicle as provided by law, except as to those provisions 
        which by their nature can have no application. 
           (h) Paragraph (e) of this subdivision does not apply to 
        police officers in the performance of their official duties. 
           (i) No person shall operate a motorcycle on a street or 
        highway unless the headlight or headlights are lighted at all 
        times the motorcycle is so operated. 
           (j) A person parking a motorcycle on the roadway of a 
        street or highway must: 
           (1) if parking in a marked parking space, park the 
        motorcycle completely within the marked space; and 
           (2) park the motorcycle in such a way that the front of the 
        motorcycle is pointed or angled toward the nearest lane of 
        traffic to the extent practicable and necessary to allow the 
        operator to (i) view any traffic in both directions of the 
        street or highway without having to move the motorcycle into a 
        lane of traffic and without losing balance or control of the 
        motorcycle, and (ii) ride the motorcycle forward and directly 
        into a lane of traffic when the lane is sufficiently clear of 
        traffic. 
           Sec. 19.  [171.3216] [ACTIONS ON SCHOOL BUS ENDORSEMENT.] 
           In addition to any authority granted under section 
        171.3215, the commissioner may cancel a school bus driver's 
        endorsement on a driver's license of any person if the 
        commissioner determines that the person has (1) been convicted 
        of a gross misdemeanor that the commissioner determines shows 
        evidence that the person represents a risk to public safety, or 
        (2) been convicted of a series of violations of law that the 
        commissioner determines shows evidence that the person 
        represents a risk to public safety.  Upon canceling the 
        offender's school bus driver endorsement, the commissioner shall 
        immediately notify the offender of the cancellation in writing, 
        by depositing in the United States Post Office a notice, with 
        postage prepaid, to the offender addressed to the offender's 
        last known address. 
           Sec. 20.  Minnesota Statutes 2000, section 221.0252, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AUDIT; INSPECTION.] (a) Within 90 days of 
        issuing a new certificate of registration to a carrier under 
        this section, and before issuing an annual renewal of a 
        certificate of registration, the commissioner shall: 
           (1) conduct an audit of the carrier's records; 
           (2) inspect the vehicles the carrier uses in its motor 
        carrier operation to determine if they comply with the federal 
        regulations incorporated in section 221.0314 or accept for 
        filing proof that a complete vehicle inspection was conducted 
        within the previous one year by a commercial vehicle inspector 
        of the department of public safety or an inspector certified by 
        the commissioner of public safety under section 169.781; 
           (3) verify that the carrier has a designated office in 
        Minnesota where the books and files necessary to conduct 
        business and the records required by this chapter are kept and 
        shall be made available for inspection by the commissioner; 
           (4) audit the carrier's drivers' criminal background and 
        safety records; and 
           (5) verify compliance with the insurance requirements of 
        section 221.141. 
           (b) To streamline the audit process and to reduce the 
        regulatory burden on carriers, the commissioner may reduce the 
        number of vehicle inspections and records audited under 
        paragraph (a) if the commissioner has sufficient information 
        from federal and state motor carrier safety data about a 
        carrier's operations to determine a carrier's safety fitness as 
        described in Code of Federal Regulations, title 49, section 
        385.7.  At a minimum, the commissioner must conduct the record 
        audit in paragraph (a) once in four years. 
           (c) The commissioner and the commissioner of public safety 
        shall, through an interagency agreement, coordinate vehicle 
        inspection activities to avoid duplication of annual vehicle 
        inspections to minimize the burden of compliance on carriers and 
        to maximize the efficient use of state resources. 
           Sec. 21.  Minnesota Statutes 2000, section 221.0314, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 
        subdivisions 3 and 3a, a Minnesota intrastate waiver is not 
        required in Minnesota intrastate commerce if that person holds a 
        valid interstate waiver or comparable document for physical 
        qualifications described in Code of Federal Regulations, title 
        49, section 391.41. 
           Sec. 22.  Minnesota Statutes 2000, section 221.0355, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
        following words and phrases have the meanings given them in this 
        subdivision: 
           (a) "Base state" means the state selected by a carrier 
        according to the procedures established by the uniform program. 
           (b) "Base state agreement" means the agreement between 
        participating states electing to register or permit carriers of 
        hazardous material or hazardous waste. 
           (c) "Carrier" means a person who operates a motor vehicle 
        used to transport hazardous material or hazardous waste. 
           (d) "Designated hazardous material" means a hazardous 
        material described in Code of Federal Regulations, title 49, 
        section 107.601, which is incorporated by reference. 
           (e) "Hazardous material" means: 
           (1) a hazardous material when the hazardous material is of 
        a type or in a quantity that requires the transport vehicle to 
        be placarded in accordance with Code of Federal Regulations, 
        title 49, part 172; or 
           (2) a hazardous substance or marine pollutant when 
        transported in bulk packaging as defined in Code of Federal 
        Regulations, title 49, section 171.8, which is incorporated by 
        reference. 
           (f) "Hazardous material transportation" means the 
        transportation of hazardous material or hazardous waste, or 
        both, on the public highways. 
           (g) "Hazardous waste" means hazardous waste of a type and 
        amount that requires the shipment to be accompanied by a uniform 
        hazardous waste manifest described in Code of Federal 
        Regulations, title 40, part 262, including state-designated 
        hazardous wastes when a list of state-designated hazardous 
        wastes has been filed by the state with the national repository 
        under the uniform program. 
           (h) "Participating state" means a state electing to 
        participate in the uniform program by entering a base state 
        agreement. 
           (i) "Person" means an individual, firm, copartnership, 
        cooperative, company, association, limited liability company, 
        corporation, or public entity. 
           (j) "Public entity" means a carrier who is a federal or 
        state agency or political subdivision. 
           (k) "Shipper" means a person who offers a designated 
        hazardous material to another person for shipment or who causes 
        a designated hazardous material to be transported or shipped by 
        another person. 
           (l) "Uniform application" means the uniform motor carrier 
        registration and permit application form established under the 
        uniform program. 
           (m) "Uniform program" means the Uniform State Hazardous 
        Materials Transportation Motor Carrier Registration and Permit 
        Program established in the report submitted to the secretary of 
        transportation pursuant to the "Hazardous Materials 
        Transportation Uniform Safety Act of 1990," United States Code, 
        title 49 appendix, section 1819, subsection (c). 
           Sec. 23.  Minnesota Statutes 2000, section 221.0355, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
        subdivision 17, after October 1, 1994: 
           (a) No carrier, other than a public entity, may transport a 
        hazardous material by motor vehicle in Minnesota unless it has 
        complied with subdivision 4. 
           (b) No carrier, other than a public entity, may transport a 
        hazardous waste in Minnesota unless it has complied with 
        subdivisions 4 and 5. 
           (c) No shipper may offer a designated hazardous material 
        for shipment or cause a designated hazardous material to be 
        transported or shipped in Minnesota unless it has complied with 
        subdivision 7. 
           (d) No carrier, other than a public entity, may transport a 
        designated hazardous material by rail or water in Minnesota 
        unless it has complied with subdivision 7a. 
           (e) No public entity may transport a hazardous material or 
        hazardous waste by motor vehicle in Minnesota unless it has 
        complied with subdivision 8. 
           (f) A carrier registered under this section, who 
        exclusively offers designated materials for shipment only in 
        vehicles controlled or operated by that carrier and who does not 
        offer hazardous materials to other private or for-hire carriers, 
        is not required to register as a shipper under subdivision 7. 
           Sec. 24.  Minnesota Statutes 2001 Supplement, section 
        221.221, subdivision 2, is amended to read: 
           Subd. 2.  [ENFORCEMENT POWERS.] Transportation program 
        specialists and hazardous material program specialists of the 
        department, for the purpose of enforcing the provisions of (1) 
        this chapter, sections 169.781 to 169.783 relating to commercial 
        vehicle inspections, and section 296A.27, subdivisions 6 and 12, 
        relating to motor carrier licenses and trip permits, (2) Code of 
        Federal Regulations, title 49, parts 40 and 382, and (3) the 
        applicable rules, orders, or directives of the commissioner of 
        transportation and the commissioner of revenue, issued under 
        this chapter and chapter 296A, but for no other purpose, have 
        the powers conferred by law upon police officers.  The powers 
        include the authority to conduct inspections at designated 
        highway weigh stations or under other appropriate circumstances. 
           Sec. 25.  Minnesota Statutes 2000, section 221.221, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DOCUMENT INSPECTION.] Records, log books, 
        certificates, licenses, shipping documents, or other papers or 
        documents required to determine compliance with this 
        chapter and, rules adopted under this chapter, and Code of 
        Federal Regulations, title 49, parts 40 and 382, must be 
        presented for inspection, upon request, to a peace officer or 
        police officer or other person empowered to enforce the 
        provisions of this chapter.  
           Sec. 26.  Minnesota Statutes 2000, section 221.605, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
        carriers and private carriers engaged in interstate commerce 
        shall comply with the federal motor carrier safety regulations, 
        in Code of Federal Regulations, title 49, parts 40, 382, 387, 
        and 390 to through 398; with Code of Federal Regulations, title 
        49, part 40; and with the rules of the commissioner concerning 
        inspections, vehicle and driver out-of-service restrictions and 
        requirements, and vehicle, driver, and equipment checklists.  
        For purposes of regulating commercial motor vehicles as defined 
        in section 169.781, subdivision 1, the exemption provided in 
        Code of Federal Regulations, title 49, section 396.11, paragraph 
        (d), applies in Minnesota only to driveaway-towaway operations. 
           (b) An interstate carrier or private carrier engaged in 
        interstate commerce who complies with federal regulations 
        governing testing for controlled substances and alcohol is 
        exempt from the requirements of sections 181.950 to 181.957 
        unless the carrier's drug testing program provides for testing 
        for controlled substances in addition to those listed in Code of 
        Federal Regulations, title 49, section 40.21, paragraph 
        (a) 40.85.  Persons subject to this section may test for drugs, 
        in addition to those listed in Code of Federal Regulations, 
        title 49, section 40.21, paragraph (a) 40.85, only in accordance 
        with sections 181.950 to 181.957 and rules adopted under those 
        sections. 
           Sec. 27.  Minnesota Statutes 2000, section 360.305, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 
        CONSTRUCTION REVOLVING ACCOUNT.] (a) Except as otherwise 
        provided in this subdivision, the commissioner of transportation 
        shall require as a condition of assistance by the state that the 
        political subdivision, municipality, or public corporation make 
        a substantial contribution to the cost of the construction, 
        improvement, maintenance, or operation of the airport, in 
        connection with which the assistance of the state is sought.  
        These costs are referred to as project costs.  
           (b) For any airport, whether key, intermediate or landing 
        strip, where only state and local funds are to be used, the 
        contribution shall be not less than one-fifth of the sum of: 
           (1) the project costs; 
           (2) acquisition costs of the land and clear zones, which 
        are referred to as acquisition costs. 
           (c) For any airport where federal, state and local funds 
        are to be used, the contribution shall not be less than 
        one-tenth of the sum of the project costs and acquisition costs. 
           (d) The commissioner may pay the total cost of radio and 
        navigational aids. 
           (e) Notwithstanding paragraph (b) or (c), the commissioner 
        may pay all of the project costs of a new landing strip, but not 
        an intermediate airport or key airport, or may pay an amount 
        equal to the federal funds granted and used for a new landing 
        strip plus all of the remaining project costs; but the total 
        amount paid by the commissioner for the project costs of a new 
        landing strip, unless specifically authorized by an act 
        appropriating funds for the new landing strip, shall not exceed 
        $200,000. 
           (f) Notwithstanding paragraph (b) or (c), the commissioner 
        may pay all the project costs for research and development 
        projects, including, but not limited to noise abatement; 
        provided that in no event shall the sums expended under this 
        paragraph exceed five percent of the amount appropriated for 
        construction grants.  
           (g) To receive aid under this section for project costs or 
        for acquisition costs, the municipality must enter into an 
        agreement with the commissioner giving assurance that the 
        airport will be operated and maintained in a safe, serviceable 
        manner for aeronautical purposes only for the use and benefit of 
        the public: 
           (1) for 20 years after the date that any state funds for 
        project costs are received by the municipality; and 
           (2) for 99 years after the date that any state funds for 
        acquisition costs are received by the municipality.  
        The agreement may contain other conditions as the commissioner 
        deems reasonable. 
           (h) The commissioner shall establish a hangar construction 
        revolving account which shall be used for the purpose of 
        financing the construction of hangar buildings to be constructed 
        by municipalities owning airports.  All municipalities owning 
        airports are authorized to enter into contracts for the 
        construction of hangars, and contracts with the commissioner for 
        the financing of hangar construction for an amount and period of 
        time as may be determined by the commissioner and municipality.  
        All receipts from the financing contracts shall be deposited in 
        the hangar construction revolving account and are reappropriated 
        for the purpose of financing construction of hangar buildings.  
        The commissioner may pay from the hangar construction revolving 
        account 80 percent of the cost of financing construction of 
        hangar buildings.  For purposes of this clause, the construction 
        of hangars shall include their design.  The commissioner shall 
        transfer up to $4,100,000 $4,400,000 from the state airports 
        fund to the hangar construction revolving account. 
           (i) The commissioner may pay a portion of the purchase 
        price of any airport maintenance and safety equipment and of the 
        actual airport snow removal costs incurred by any municipality.  
        The portion to be paid by the state shall not exceed two-thirds 
        of the cost of the purchase price or snow removal.  To receive 
        aid a municipality must enter into an agreement of the type 
        referred to in paragraph (g). 
           (j) This subdivision shall apply only to project costs or 
        acquisition costs of municipally owned airports which are 
        incurred after June 1, 1971. 
           Sec. 28.  Laws 2001, First Special Session chapter 8, 
        article 1, section 8, is amended to read: 
           Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
        CONSTRUCTION BUDGET.] 
           The commissioner of transportation shall reduce the 
        construction budget of the department of transportation 
        construction district 1 by $35,000,000 $24,700,000 over the 
        period from fiscal year 2003 through fiscal year 2007, in order 
        to repay the advance of highway construction funds in fiscal 
        years 2001 and 2002.  The reduction in each year of the period 
        must equal the cost of trunk highway construction projects that 
        were originally scheduled to be constructed during that year 
        that were constructed in fiscal year 2001 or 2002 instead be 
        approximately $5,000,000 until the funds advanced have been 
        repaid. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 29.  Laws 2001, First Special Session chapter 8, 
        article 2, section 6, is amended to read: 
           Sec. 6.  [STATE AID FOR CITIES.] 
           A city that has previously been classified as having a 
        population of 5,000 or more for the purposes of Minnesota 
        Statutes, chapter 162, and that has a population greater than 
        4,900 but less than 5,000 according to the 2000 federal census, 
        is deemed to have a population of 5,000 for purposes of 
        Minnesota Statutes, chapter 162, until June 30, 2004. 
           Sec. 30.  Laws 2002, chapter 220, article 10, section 37, 
        is amended to read: 
           Sec. 37.  [MORATORIUM ON CONSULTANT CONTRACTS.] 
           (a) An entity in the executive branch of state government, 
        including the Minnesota state colleges and universities, may not 
        enter into a new contract or renew an existing contract for 
        professional or technical services after the effective date of 
        this section and before July 1, 2003.  This section does not 
        apply to a contract: 
           (1) that relates to a threat to public health, welfare, or 
        safety that threatens the functioning of government, the 
        protection of property, or the health or safety of people; or 
           (2) that is paid for entirely with federal funds received 
        before the effective date of this section; 
           (3) that is paid entirely with funds from the state 
        airports fund, trunk highway fund, county state-aid highway 
        fund, or municipal state-aid street fund; or 
           (4) for a trunk highway project of a type described in Laws 
        2000, chapter 479, article 1, section 2, subdivision 3, 
        paragraph (a), clauses (1) to (3).  
           (b) An entity in the executive branch may apply for a 
        waiver of the moratorium by sending a letter with reasons for 
        the request to the commissioner of administration for executive 
        branch entities.  Upon a finding that a consultant contract is 
        necessary, the commissioner may grant a waiver.  The decision of 
        the commissioner is final and not subject to appeal.  A monthly 
        report of all waivers granted must be filed by the entity 
        granting the waiver.  The report must be published on the 
        entity's Web site, and copies must be provided to the chairs of 
        the house ways and means and senate finance committees and to 
        the legislative reference library. 
           Sec. 31.  [ST. CROIX RIVER BRIDGE.] 
           Until July 1, 2003, the commissioner of transportation may 
        not cancel or remove from the commissioner's statewide 
        transportation improvement program, the trunk highway project 
        that would construct a new bridge across the St. Croix river at 
        or near the terminus of marked trunk highway No. 36. 
           Sec. 32.  [TRUNK HIGHWAY 169 RECONSTRUCTION; PEDESTRIAN 
        SIGNAL.] 
           (a) The commissioner of transportation shall, as part of 
        the reconstruction of marked trunk highway No. 169 (Ferry 
        Street) in Anoka, prepare a new signal agreement relating to the 
        new pedestrian signal located between Benton Street and Fremont 
        Street.  All costs related to installation of the new pedestrian 
        signal must be paid by the city of Anoka. 
           (b) Notwithstanding Minnesota Statutes, sections 169.162 to 
        169.167: 
           (1) The commissioner may annually review the installation 
        of the signal at the east frontage road, as described in signal 
        agreement No. 81393R. 
           (2) The new pedestrian signal must be designated as the 
        priority signal, and the commissioner may remove the signal 
        described in clause (1) if the commissioner determines that the 
        signal described in clause (1) is detrimental to the safe 
        operation and functionality of the trunk highway. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 33.  [PROTECTION OF NATURAL FLOW.] 
           A stipulation agreement entered into between the Minnehaha 
        Creek watershed district and the Minnesota department of 
        transportation concerning the controversy at issue in Court File 
        No. MC01-07478 in the fourth judicial district of Hennepin 
        county, has the force of law and supersedes the provisions of 
        Laws 2001, chapter 101, section 1. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 34.  [INTERREGIONAL CORRIDOR DESIGNATION.] 
           The commissioner of transportation shall by August 30, 
        2002, designate high priority interregional corridors that 
        connect regional trade and population centers within the state 
        to Canadian provinces and serve as trade and tourism routes 
        between the state and Canadian provinces.  
           Sec. 35.  [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION 
        PROJECT.] 
           Subdivision 1.  [ESTABLISHMENT OF PROJECT.] (a) The 
        commissioner of transportation, in cooperation with the trunk 
        highway No. 55 joint powers board, shall establish a 
        corridor-protection demonstration project along the corridor of 
        marked trunk highway No. 55 between marked interstate highway 
        No. 494 in Hennepin county and the city of Annandale in Wright 
        county.  The purpose of the corridor-protection demonstration 
        project is to develop a transferable process and methodologies 
        for trunk highway corridor coalitions to use in protecting a 
        corridor for future capacity needs, such as for additional 
        lanes, safety improvements, improved access management, and bus 
        transit services. 
           (b) The commissioner, or a designee, shall participate as a 
        nonvoting member of the trunk highway No. 55 joint powers board, 
        provide technical advice and guidance relating to developing a 
        corridor-protection plan and official map, and may provide a 
        grant to the board to hire a consultant.  The grant is available 
        only upon the formation of a trunk highway No. 55 joint powers 
        board that, at a minimum, includes the counties of Hennepin and 
        Wright, and a majority of the cities and townships that include 
        or border trunk highway signed No. 55 between interstate highway 
        signed No. I-494 and the city of Annandale.  The joint powers 
        board shall use the grant to hire a consultant to conduct, at a 
        minimum, the following activities: 
           (1) develop a preliminary plan and layout for the future 
        boundaries and right-of-way needs of the highway corridor; 
           (2) develop an official map of the corridor; 
           (3) conduct at least one official public hearing in the 
        corridor upon completion of the official map; 
           (4) assist the municipalities in making any necessary 
        comprehensive plan amendments, zoning changes, or ordinance 
        changes; and 
           (5) educate the municipalities regarding appropriate 
        strategies, procedures, and tools to use to protect the corridor 
        for the planned right-of-way needs. 
           Subd. 2.  [REPORT TO LEGISLATURE.] By January 15, 2004, the 
        commissioner shall report the results of the corridor-protection 
        demonstration project to the committees of the senate and house 
        of representatives with jurisdiction over transportation policy 
        and finance.  The report must include findings regarding the 
        effectiveness of assisting communities in developing a 
        corridor-protection plan and official map and estimates of 
        future right-of-way savings due to early implementation of 
        right-of-way protection mechanisms. 
           Sec. 36.  [EXEMPTION FROM MATCHING REQUIREMENT.] 
           All money received under Public Law Number 107-71, the 
        Aviation and Transportation Security Act, is exempt from the 
        matching requirements of Minnesota Statutes, section 360.305, 
        subdivision 4. 
           Sec. 37.  [PERMIT FOR BIKEWAY IN CHANHASSEN.] 
           Subdivision 1.  [BIKEWAY REQUIREMENTS.] (a) For purposes of 
        this section, the terms "bikeway" and "roadway" have the 
        meanings given them in Minnesota Statutes, section 169.01, and 
        the term "pedestrian walkway" has the meaning given it in 
        Minnesota Rules 2001, part 8810.6000. 
           (b) Notwithstanding other law to the contrary, within 30 
        days of the effective date of this section the commissioner of 
        transportation shall grant a permit to the city of Chanhassen to 
        construct a bikeway on the west side of trunk highway signed No. 
        101 from its intersection with trunk highway signed No. 62 to 
        its intersection with West 78th street in the city of Chanhassen.
           (c) Notwithstanding any rule or standard of the 
        commissioner of natural resources governing the width of 
        bikeways or bicycle trails, the permit shall allow the 
        construction of a bikeway (1) that is paved, is six feet wide, 
        and allows for two-way bicycle travel, (2) that may be located 
        within the highway right-of-way, (3) that also allows use as a 
        pedestrian walkway, and (4) that otherwise complies with the 
        minimum requirements of Minnesota Rules 2001, part 8810.6600. 
           (d) The bicycle path must be constructed within applicable 
        department design standards and utilizing highway right-of-way 
        to the greatest extent possible with minimum impact on adjacent 
        properties and on mature, quality trees. 
           (e) The city of Chanhassen may, but is not required to, 
        enter into a contract with the commissioner of transportation 
        for construction of the bicycle path. 
           Subd. 2.  [BIKEWAY RESPONSIBILITY FOLLOWING HIGHWAY 
        RECONSTRUCTION.] The commissioner of transportation shall 
        repair, restore, or reconstruct the bikeway or, if necessary, 
        construct a new bikeway as necessary following any subsequent 
        repair, expansion, or reconstruction, in conjunction with the 
        turnback of that segment of trunk highway signed No. 101 
        described in subdivision 1, paragraph (b). 
           Sec. 38.  [NORTHERN ZONE LOAD RESTRICTION STUDY.] 
           The commissioner of transportation shall conduct a study of 
        load restrictions and seasonal load increases in the northern 
        zone of Minnesota and make recommendations regarding the 
        establishment of one or more new zones given the varying climate 
        in the northern area of the state.  The commissioner shall 
        report findings back to the committees of the senate and house 
        of representatives with jurisdiction over transportation policy 
        by December 15, 2002. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 39.  [TECHNICAL ADVISORY GROUP.] 
           Subdivision 1.  [CREATION.] The commissioner of 
        transportation shall create a technical advisory group 
        consisting of one senior manager and two administration staff 
        from each of the following state agencies: 
           (1) department of transportation; 
           (2) department of natural resources; 
           (3) pollution control agency; and 
           (4) the board of soil and water resources. 
           The group shall conduct research, evaluate alternatives, 
        and make findings and recommendations on streamlining the 
        process of environmental review for transportation-related 
        projects.  The commissioner of each agency shall appoint the 
        respective members from that agency by July 1, 2002.  The 
        commissioner of transportation or a senior manager appointed by 
        the commissioner of transportation shall chair the group. 
           Subd. 2.  [REPORT.] The technical advisory group shall 
        submit a comprehensive report to the senate and house of 
        representatives committees having jurisdiction over 
        environmental policy and transportation policy and finance by 
        January 15, 2003.  The report must make findings and 
        recommendations, including actions that should be taken, 
        recommendations on reporting mitigating costs for the previous 
        five years and for the future, and the statutory changes 
        necessary to effect a more streamlined process for environmental 
        review, assessment, and approval without weakening the substance 
        of existing environmental protections. 
           Sec. 40.  [BRAINERD LAKES REST AREA.] 
           (a) Notwithstanding other law: 
           (1) the commissioner of transportation may enter into a 
        joint venture with Crow Wing county, the commissioner of natural 
        resources, and the Brainerd Lakes area chamber of commerce or 
        similar nonprofit entity that provides regional travel 
        information and services in connection with the operation of 
        facilities at the class I rest area to be constructed between 
        Brainerd and Little Falls on state highway No. 371 in the 
        vicinity of the Crow Wing state park; 
           (2) the chamber or similar entity may be a tenant in the 
        facility and may operate, advertise membership, run a 
        concession, including a gift shop in the facility, and take 
        revenue from the concession to support its nonprofit activities 
        within the rest area building; 
           (3) the commissioner may enter into a lease with the 
        chamber or similar entity.  The lease may be for a term of up to 
        20 years and may be renewed for additional terms of up to 20 
        years.  Some or all of the consideration from the chamber or 
        similar entity for the lease may be in the form of in-kind 
        contribution to improvements to the rest area facility; and 
           (4) the chamber or similar entity may advertise its 
        presence and services in the rest area along state highways, 
        including on rest area grounds and along state highway No. 371 
        within one-half mile of the rest area exit. 
           (b) The conditions, exemptions, and terms set out in this 
        act are intended to apply only to the rest area to be built on 
        state highway No. 371 between Little Falls and Brainerd. 
           (c) It is understood that because of lack of available 
        funding and other higher priorities, the unique circumstances, 
        including exceptional volume, site requirements and limitations, 
        and other unique circumstances, the rest area could not be built 
        and operated in the most desirable way without the contributions 
        of all the parties. 
           (d) The commissioner of transportation and the partners in 
        this rest area shall mutually develop and execute an agreement 
        to identify and accept responsibility for their respective 
        portion of construction, maintenance, and operating costs of the 
        facility based on their spatial requirements.  The 
        responsibilities could be through direct funding or in-kind 
        contributions as mutually agreed. 
           Sec. 41.  [REPEALER.] 
           Minnesota Statutes 2000, section 221.0313, is repealed.  
           Minnesota Statutes 2001 Supplement, section 161.362, is 
        repealed. 
           Presented to the governor May 8, 2002 
           Signed by the governor May 9, 2002, 11:43 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569