Minnesota Legislature
HF 2685
5th Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 10:18am
Current Version - 5th Engrossment
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11
3.12 3.13
3.14 3.15
3.16 3.17 3.18 3.19 3.20
3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2
4.3 4.4
4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12
4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23
5.24 5.25 5.26
5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13
6.14 6.15 6.16
6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23
8.24 8.25 8.26
8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6
9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18
9.19 9.20 9.21
9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1
10.2 10.3 10.4
10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3
11.4
11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21
11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5
12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24
12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26
16.27 16.28 16.29 16.30 16.31 16.32
16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7
17.8 17.9 17.10 17.11 17.12
17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21
17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19
18.20
18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 18.36 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17
19.18
19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5
20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17
21.18 21.19 21.20 21.21 21.22 21.23 21.24
21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5
22.6 22.7 22.8 22.9 22.10 22.11 22.12
22.13 22.14 22.15 22.16 22.17 22.18 22.19
22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29
23.30 23.31
23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33
25.34 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28
26.29 26.30 26.31 26.32
26.33 27.1 27.2 27.3 27.4
27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23
27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9
28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30
28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 29.36 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 30.37 30.38 30.39 30.40 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 31.36 32.1 32.2 32.3 32.4
32.5
32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16
32.17
32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29
32.30
32.31 33.1 33.2 33.3 33.4 33.5 33.6
33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27
33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6
34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14
34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22
34.23
34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14
35.15 35.16 35.17
35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33
35.34
36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22
38.23
38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33
38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28
39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8
40.9 40.10
40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25
40.26 40.27
40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19
41.20 41.21
41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 42.36 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17
43.18 43.19
43.20 43.21 43.22 43.23 43.24 43.25
43.26 43.27 43.28 43.29
43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6
44.7 44.8 44.9 44.10
44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22
44.23
44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2
45.3 45.4 45.5
45.6 45.7 45.8 45.9
45.10
45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19
45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28
45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6
46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18
46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34
47.1
47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24
47.25 47.26 47.27
47.28 47.29 47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12
48.13
48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24
48.25 48.26 48.27
48.28 48.29
49.1 49.2
49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10
49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2
50.3 50.4 50.5 50.6 50.7
50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21
50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21
51.22 51.23 51.24 51.25 51.26 51.27
51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2
52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15
52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34
53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 53.36 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 54.36 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25
55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36 56.37 56.38 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21
57.22 57.23 57.24
57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7
60.8 60.9 60.10
60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3
61.4 61.5 61.6
61.7 61.8 61.9 61.10 61.11
61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28
61.29
61.30 61.31 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9
62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9
64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4
65.5 65.6 65.7 65.8
65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4
66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8
67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20
67.21
67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17
68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29
68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21
69.22 69.23 69.24
69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31
70.32 70.33 70.34
70.35 71.1 71.2 71.3 71.4 71.5
71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 72.36 72.37 72.38 72.39 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 73.36 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15
74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26
74.27 74.28 74.29
74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3 75.4 75.5
75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6
76.7
76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21
76.22
76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 77.36 78.1 78.2 78.3 78.4
78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35
79.1
79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17
81.18
81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29
82.30
82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18
83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29
84.30 84.31 84.32 84.33
84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 85.36 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21
86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29
86.30 86.31 86.32 86.33 87.1 87.2
87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21
87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 88.1 88.2
88.3
88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16
88.17
88.18 88.19 88.20 88.21 88.22
88.23
88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31
89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11
89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20
89.21 89.22 89.23 89.24 89.25
89.26 89.27
A bill for an act
relating to transportation; making appropriations; authorizing the sale and
issuance of state bonds; modifying provisions governing transportation and
public safety policies, including bicycles and bikeways, highways and bridges,
motor vehicles, motor vehicle markings and equipment, traffic regulations,
driver education, driver licensing, driver's license exemptions, DWI violations,
alternative financing for transportation projects, contracting requirements, bus
operations, railroads, motor carriers and commercial drivers, aeronautics and
airports, state aid, traffic regulations and reports, vehicle titles, school buses,
overweight vehicles, fuel tax and motor vehicle sales tax exemptions, and agency
reporting and studies; providing for rulemaking; removing obsolete language;
making technical and clarifying changes; repealing certain provisions; amending
Minnesota Statutes 2010, sections 85.015, by adding a subdivision; 85.018,
subdivisions 2, 4; 160.263, subdivision 2; 161.14, subdivision 66, by adding
subdivisions; 161.3212; 162.02, subdivisions 2, 3; 162.081, subdivision 4;
162.09, subdivisions 2, 3, 4; 162.13, subdivision 1; 162.155; 165.01; 165.03;
168.002, subdivisions 19, 20; 168.012, subdivision 1, by adding a subdivision;
168.013, subdivisions 1e, 3, 12, by adding a subdivision; 168A.03, subdivision
1; 168A.07, subdivision 1; 168B.011, subdivision 12; 169.011, subdivisions 4,
27, 44, 45; 169.035, subdivision 1, by adding a subdivision; 169.06, subdivisions
4, 5, 7; 169.09, subdivision 13; 169.19, subdivision 5; 169.222, subdivisions
4, 6, 7, by adding a subdivision; 169.223, subdivisions 1, 5; 169.306; 169.64,
subdivision 2; 169.685, subdivisions 6, 7; 169.72, subdivision 1; 169.85,
subdivision 2; 169.86, subdivisions 1, 4, by adding a subdivision; 169.865,
subdivision 4; 169.872, subdivision 1a; 169.98, subdivisions 1, 3; 169.99,
subdivision 1b; 169A.54, subdivisions 1, 6; 171.01, subdivision 41; 171.03;
171.061, subdivision 4; 171.12, subdivision 6; 171.30, subdivision 1; 171.306,
subdivision 4; 174.02, by adding a subdivision; 174.03, by adding a subdivision;
174.56; 221.0314, subdivision 3a; 221.091, subdivision 2; 222.50, subdivision
4; 222.51; 222.53; 222.63, subdivision 9; 296A.07, subdivision 4; 296A.08,
subdivision 3; 297A.68, subdivision 19; 299D.085, subdivision 2, by adding a
subdivision; 299D.09; 473.39, by adding a subdivision; 574.26, subdivisions
1a, 2; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5;
168.123, subdivision 1; 169.86, subdivision 5; 171.075, subdivision 1; 297B.03;
Laws 2009, chapter 158, section 10; proposing coding for new law in Minnesota
Statutes, chapters 160; 161; 171; 174; repealing Minnesota Statutes 2010,
sections 161.08, subdivision 2; 168.012, subdivision 1b; 169A.54, subdivision
5; 222.48, subdivision 3a; Minnesota Rules, parts 8810.9000; 8810.9100;
8810.9200; 8810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRUNK HIGHWAY FUND APPROPRIATIONS
Section 1. new text begin TRUNK HIGHWAY
|
new text begin
$ new text end |
new text begin
17,530,000 new text end |
||||
new text begin Subdivision 1. new text end
new text begin
Appropriations for
|
||||||
new text begin
These appropriations are to the commissioner
of transportation for the purposes specified in
this section.
new text end
new text begin
Unless otherwise specified, these
appropriations are for fiscal year 2013 from
the trunk highway fund and are available
until expended.
new text end
new text begin Subd. 2. new text end
new text begin
Willmar District Headquarters
|
new text begin
7,500,000 new text end |
|||||
new text begin
To design, construct, furnish, and equip a
maintenance facility addition to the existing
Willmar district headquarters building,
and corresponding remodeling of the
headquarters building.
new text end
new text begin Subd. 3. new text end
new text begin
Plymouth Truck Station
|
new text begin
5,600,000 new text end |
|||||
new text begin
To construct and equip a new truck station
and bridge crew building in Plymouth.
new text end
new text begin Subd. 4. new text end
new text begin
Cambridge Truck Station
|
new text begin
3,300,000 new text end |
|||||
new text begin
To design, construct, furnish, and equip a new
truck station facility in Cambridge, including
ancillary buildings and site improvements.
new text end
new text begin Subd. 5. new text end
new text begin
Crookston, Eden Prairie, and
|
new text begin
1,100,000 new text end |
|||||
new text begin
To design new additions to the existing truck
station buildings in Crookston, Eden Prairie,
and Mendota.
new text end
new text begin Subd. 6. new text end
new text begin
Overweight Motor Vehicle
|
new text begin
30,000 new text end |
|||||
new text begin
To modify Department of Transportation
permit system to allow the department
to collect additional registration taxes for
overweight motor vehicles.
new text end
new text begin
This appropriation is only available if
legislation is enacted in the 2012 legislative
session authorizing the commissioner to
collect a surcharge or additional registration
tax on motor vehicles.
new text end
Sec. 2. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 2
TRUNK HIGHWAY BONDS
Section 1. new text begin ROCHESTER MAINTENANCE FACILITY.
new text end
new text begin
$16,100,000 is appropriated to the commissioner of transportation to design,
construct, furnish, and equip the maintenance facility in Rochester and corresponding
remodeling of the existing district headquarters building. This appropriation is from the
bond proceeds account in the trunk highway fund.
new text end
Sec. 2. new text begin BOND SALE EXPENSES.
new text end
new text begin
$20,000 is appropriated from the bond proceeds account in the trunk highway fund
to the commissioner of management and budget for bond sale expenses under Minnesota
Statutes, section 167.50, subdivision 4.
new text end
Sec. 3. new text begin TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT.
new text end
new text begin
To provide the money appropriated in this article from the bond proceeds account
in the trunk highway fund, the commissioner of management and budget shall sell and
issue bonds of the state in an amount up to $16,120,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and
by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts
requested by the commissioner of transportation. The proceeds of the bonds, except
accrued interest and any premium received from the sale of the bonds, must be credited
to the bond proceeds account in the trunk highway fund.
new text end
Sec. 4. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 3
TRANSPORTATION POLICY
Section 1.
Minnesota Statutes 2010, section 161.14, is amended by adding a
subdivision to read:
new text begin Subd. 70. new text end
new text begin Black and Yellow Trail. new text end
new text begin
Trunk Highway signed 14 as of the effective
date of this section, from the border with South Dakota to the border with Wisconsin, is
designated as the "Black and Yellow Trail." The commissioner shall adopt a suitable
design to mark this highway and erect appropriate signs, subject to section 161.139.
new text end
Sec. 2.
new text begin
[161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR
CONTRACTS; DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
The terms used in sections 161.3207 to 161.3209 have the
meanings given them in this section.
new text end
new text begin Subd. 2. new text end
new text begin Acceptance. new text end
new text begin
"Acceptance" means an action of the commissioner
authorizing the execution of a construction manager/general contractor contract.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of
transportation.
new text end
new text begin Subd. 4. new text end
new text begin Construction manager/general contractor. new text end
new text begin
"Construction
manager/general contractor" means a proprietorship, partnership, limited liability
partnership, joint venture, corporation, any type of limited liability company, professional
corporation, or any legal entity selected by the commissioner to act as a construction
manager to manage the construction process, which includes, but is not limited to,
responsibility for the price, schedule, and execution of preconstruction services or the
workmanship of construction performed according to section 161.3209, or both.
new text end
new text begin Subd. 5. new text end
new text begin Construction manager/general contractor contract. new text end
new text begin
"Construction
manager/general contractor contract" means a contract for construction of a project
between a construction manager/general contractor and the commissioner, which
must include terms providing for a price, construction schedule, and workmanship of
the construction performed. The construction manager/general contractor contract
may include provisions for incremental price contracts for specific work packages,
additional work performed, contingencies, or other contract provisions that will allow the
commissioner to negotiate time and cost changes to the contract.
new text end
new text begin Subd. 6. new text end
new text begin Past performance; experience. new text end
new text begin
"Past performance" or "experience" does
not include the exercise or assertion of a person's legal rights.
new text end
new text begin Subd. 7. new text end
new text begin Preconstruction services. new text end
new text begin
"Preconstruction services" means all
non-construction-related services that a construction manager/general contractor is
allowed to perform before execution of a construction manager/general contractor contract
or work package.
new text end
new text begin Subd. 8. new text end
new text begin Preconstruction services contract. new text end
new text begin
"Preconstruction services contract"
means a contract under which a construction manager/general contractor is paid on the
basis of the actual cost to perform the work specified in the contract plus an amount for
overhead and profit for all preconstruction services.
new text end
new text begin Subd. 9. new text end
new text begin Project. new text end
new text begin
"Project" means any project selected by the commissioner as a
construction manager/general contractor project under section 161.3208.
new text end
new text begin Subd. 10. new text end
new text begin Request for proposals; RFP. new text end
new text begin
"Request for proposals" or "RFP" means
the document or publication soliciting proposals for a construction manager/general
contractor contract.
new text end
new text begin Subd. 11. new text end
new text begin Request for qualifications; RFQ. new text end
new text begin
"Request for qualifications" or "RFQ"
means a document or publication used to prequalify and short-list potential construction
managers/general contractors.
new text end
new text begin Subd. 12. new text end
new text begin Work package. new text end
new text begin
"Work package" means the scope of work for a defined
portion of a project. A defined portion includes construction services on any project
aspect, including procuring materials or services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires one year following the acceptance of ten construction manager/general
contractor contracts.
new text end
Sec. 3.
new text begin
[161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
AUTHORITY.
new text end
new text begin Subdivision 1. new text end
new text begin Selection authority; limitation. new text end
new text begin
Notwithstanding sections 16C.25,
161.32, and 161.321, or any other law to the contrary, the commissioner may select a
construction manager/general contractor as provided in section 161.3209, and award a
construction manager/general contractor contract. The number of awarded contracts
shall not exceed four in any calendar year.
new text end
new text begin Subd. 2. new text end
new text begin Determination. new text end
new text begin
Final determination to use a construction manager/general
contractor contracting procedure may be made only by the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Cancellation. new text end
new text begin
The solicitation of construction manager/general contractor
requests for qualifications or proposals does not obligate the commissioner to enter into a
construction manager/general contractor contract. The commissioner may accept or reject
any or all responses received as a result of the request. The solicitation of proposals may
be canceled at any time at the commissioner's sole discretion if cancellation is considered
to be in the state's best interest. If the commissioner rejects all responses or cancels the
solicitation for proposals, the commissioner may resolicit a request for proposals using the
same or different requirements.
new text end
new text begin Subd. 4. new text end
new text begin Reporting. new text end
new text begin
The commissioner shall notify the chairs and ranking minority
members of the senate and house of representatives committees with jurisdiction over
transportation policy and transportation finance each time the commissioner decides to
use the construction manager/general contractor method of procurement and explain why
that method was chosen.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires one year following the acceptance of ten construction manager/general
contractor contracts.
new text end
Sec. 4.
new text begin
[161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR;
PROCEDURES.
new text end
new text begin Subdivision 1. new text end
new text begin Solicitation of proposals. new text end
new text begin
If the commissioner determines that
a construction manager/general contractor method of procurement is appropriate for
a project, the commissioner shall establish a two-phase procedure for awarding the
construction manager/general contractor contract, as described in subdivisions 2 and 3.
new text end
new text begin Subd. 2. new text end
new text begin Phase 1 - request for proposals. new text end
new text begin
(a) The commissioner shall prepare
or have prepared an RFP for each construction manager/general contractor contract as
provided in this section. The RFP must contain, at a minimum, the following elements:
new text end
new text begin
(1) the minimum qualifications of the construction manager/general contractor;
new text end
new text begin
(2) the procedures for submitting proposals and the criteria for evaluation of
qualifications and the relative weight for each criteria;
new text end
new text begin
(3) the form of the contract to be awarded;
new text end
new text begin
(4) the scope of intended construction work;
new text end
new text begin
(5) a listing of the types of preconstruction services that will be required;
new text end
new text begin
(6) an anticipated schedule for commencing and completing the project;
new text end
new text begin
(7) any applicable budget limits for the project;
new text end
new text begin
(8) the requirements for insurance, statutorily required performance, and payment
bonds;
new text end
new text begin
(9) the requirements that the construction manager/general contractor provide a
letter from a surety or insurance company stating that the construction manager/general
contractor is capable of obtaining a performance bond and payment bond covering the
estimated contract cost;
new text end
new text begin
(10) the method for how construction manager/general contractor fees for the
preconstruction services contract will be negotiated;
new text end
new text begin
(11) a statement that past performance or experience does not include the exercise
or assertion of a person's legal rights; and
new text end
new text begin
(12) any other information desired by the commissioner.
new text end
new text begin
(b) Before receiving any responses to the RFP:
new text end
new text begin
(1) the commissioner shall appoint a technical review committee of at least five
individuals, of which one is a Department of Transportation manager who is also a
licensed professional engineer in Minnesota;
new text end
new text begin
(2) the technical review committee shall evaluate the construction manager/general
contractor proposals according to criteria and subcriteria published in the RFP and
procedures established by the commissioner. The commissioner shall, as designated in
the RFP, evaluate construction manager/general contractor proposals on the basis of best
value as defined in section 16C.05, or using the qualifications-based selection process set
forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If
the commissioner does not receive at least two proposals from construction managers,
the commissioner may:
new text end
new text begin
(i) solicit new proposals;
new text end
new text begin
(ii) revise the RFP and thereafter solicit new proposals using the revised RFP;
new text end
new text begin
(iii) select another allowed procurement method; or
new text end
new text begin
(iv) reject the proposals; and
new text end
new text begin
(3) the technical review committee shall evaluate the responses to the request for
proposals and rank the construction manager/general contractor based on the predefined
criteria set forth in the RFP in accordance with paragraph (a), clause (2).
new text end
new text begin
(c) Unless all proposals are rejected, the commissioner shall conduct contract
negotiations for a preconstruction services contract with the construction manager/general
contractor with the highest ranking. If the construction manager/general contractor with
the highest ranking declines or is unable to reach an agreement, the commissioner may
begin contract negotiations with the next highest ranked construction manager/general
contractor.
new text end
new text begin
(d) Before issuing the RFP, the commissioner may elect to issue a request for
qualifications (RFQ) and short-list the most highly qualified construction managers/general
contractors. The RFQ must include the procedures for submitting statements of
qualification, the criteria for evaluation of qualifications, and the relative weight for each
criterion. The statements of qualifications must be evaluated by the technical review
committee.
new text end
new text begin Subd. 3. new text end
new text begin Phase 2 - construction manager/general contractor contract. new text end
new text begin
(a) Before
conducting any construction-related services, the commissioner shall:
new text end
new text begin
(1) conduct an independent cost estimate for the project or each work package; and
new text end
new text begin
(2) conduct contract negotiations with the construction manager/general contractor
to develop a construction manager/general contractor contract. This contract must include
a minimum construction manager/general contractor self-performing requirement of 30
percent of the negotiated cost. Items designated in the construction manager/general
contractor contract as specialty items may be subcontracted and the cost of any specialty
item performed under the subcontract will be deducted from the cost before computing the
amount of work required to be performed by the contractor.
new text end
new text begin
(b) If the construction manager/general contractor and the commissioner are unable
to negotiate a contract, the commissioner may use other contract procurement processes or
may readvertise the construction manager/general contractor contract. The construction
manager/general contractor may (1) bid or propose on the project if advertised under
section 161.32 or 161.3206 or (2) join a design-build team if advertised under sections
161.3410 to 161.3428.
new text end
new text begin
(c) The commissioner shall provide to all bidders or design-build teams, all data
shared between the commissioner and the construction manager/general contractor during
the contract negotiations under this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires one year following the acceptance of ten construction manager/general
contractor contracts.
new text end
Sec. 5.
Minnesota Statutes 2010, section 161.3212, is amended to read:
161.3212 WORKING CAPITAL FUND.
The commissioner, to the extent allowed by other law or contract, may grant
available money that has been appropriated for socially or economically disadvantaged
business programs to a guaranty fund administered by a nonprofit organization that makes
or guarantees working capital loans to deleted text begin businessesdeleted text end new text begin small business concernsnew text end owned and
operated by socially deleted text begin ordeleted text end new text begin andnew text end economically disadvantaged deleted text begin persons as defineddeleted text end new text begin individuals.
"Small business concern" and "socially and economically disadvantaged individual" have
the meanings given themnew text end in Code of Federal Regulations, title 49, section deleted text begin 23.5deleted text end new text begin 26.5new text end . The
purpose of loans made or guaranteed by the organization must be to provide short-term
working capital to enable eligible businesses to be awarded contracts for goods and
services or for construction-related services from government agencies.
Money contributed from a constitutionally or statutorily dedicated fund must be used
only for purposes consistent with the purposes of the dedicated fund.
Sec. 6.
Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read:
Subd. 2.
Rules; advisory committee.
(a) The rules shall be made and promulgated
by the commissioner acting with the advice of a committee selected by the several county
boards acting through the officers of the statewide association of county commissioners.
The committee shall be composed of nine members so selected that each member shall
be from a different state highway construction district. Not more than five of the nine
members of the committee shall be county commissioners. The remaining members shall
be county highway engineers. In the event that agreement cannot be reached on any rule,
the commissioner's determination shall be final. The rules shall be printed and copies
forwarded to the county engineers of the several counties. deleted text begin For the purposes of this section,
the expedited process for adopting rules established in section 14.389 may be used.
deleted text end
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
Sec. 7.
Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read:
Sec. 8.
Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read:
Subd. 2.
Rules; advisory committee.
(a) The rules shall be made and promulgated
by the commissioner acting with the advice of a committee selected by the governing
bodies of such cities, acting through the officers of the statewide association of municipal
officials. The committee shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in addition one member
from each city of the first class. Not more than six members of the committee shall be
elected officials of the cities. The remaining members of the committee shall be city
engineers. In the event that agreement cannot be reached on any rule the commissioner's
determination shall be final. The rules shall be printed and copies forwarded to the clerks
and engineers of the cities. deleted text begin For the purposes of this section, the expedited process for
adopting rules established in section 14.389 may be used.
deleted text end
(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
Sec. 9.
Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read:
Sec. 10.
Minnesota Statutes 2010, section 162.09, subdivision 4, is amended to read:
Subd. 4.
Federal census is conclusive.
(a) In determining whether any city has
a population of 5,000 or more, the last federal census shall be conclusive, except as
otherwise provided in this subdivision.
(b) The governing body of a city may contract with the United States Bureau of the
Census to take a special census. A certified copy of the results of the census shall be filed
with the appropriate state authorities by the city. The result of the census shall be the
population of the city for the purposes of any law providing that population is a required
qualification for distribution of highway aids under chapter 162. The special census shall
remain in effect until the next federal census is completed and filed. The expense of taking
the special census shall be paid by the city.
(c) If an entire area not heretofore incorporated as a city is incorporated as such
during the interval between federal censuses, its population shall be determined by its
incorporation census. The incorporation census shall be determinative of the population of
the city only until the next federal census.
(d) The population of a city created by the consolidation of two or more previously
incorporated cities shall be determined by the most recent population estimate of the
Metropolitan Council or state demographer, until the first federal decennial census or
special census taken after the consolidation.
(e) The population of a city that is not receiving a municipal state-aid street fund
apportionment shall be determined, upon request of the city, by the most recent population
estimate of the Metropolitan Council or state demographer. A municipal state-aid street
fund apportionment received by the city must be based on this population estimate until
the next federal decennial census or special census.
new text begin
(f) A city that is found in the most recent federal decennial census to have a
population of less than 5,000 is deemed for the purposes of this chapter and the Minnesota
Constitution, article XIV, to have a population of 5,000 or more under the following
circumstances: (1) immediately before the most recent federal decennial census, the city
was receiving municipal state-aid street fund distributions; and (2) the population of
the city was found in the most recent federal decennial census to be less than 5,000.
Following the end of the first calendar year that ends in "5" after the decennial census and
until the next decennial census, the population of any city must be determined under
paragraphs (a) to (e).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 11.
Minnesota Statutes 2010, section 162.13, subdivision 1, is amended to read:
Subdivision 1.
Factors in formula.
After deducting for administrative costs and
for the disaster fund and research account as heretofore provided, and for any allocation
made under section 162.125, the remainder of the total sum provided for in subdivision 1
of section 162.12 shall be identified as the apportionment sum, and shall be apportioned
by the commissioner to the cities having a population of 5,000 or more, in accordance
with the following formula:
(1) An amount equal to 50 percent of such apportionment sum shall be apportioned
among the cities having a population of 5,000 or more so that each such city shall receive
of such amount the percentage that its money needs bears to the total money needs of
all such cities.
(2) An amount equal to 50 percent of such apportionment sum shall be apportioned
among the cities having a population of 5,000 or more so that each such city shall receive
of such amount the percentage that its population bears to the total population of all such
cities.new text begin For purposes of this subdivision, the population of a city is the greater of 5,000
or the number calculated under section 162.09, subdivision 4, paragraph (a), (b), (c),
(d), or (e).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 12.
Minnesota Statutes 2010, section 162.155, is amended to read:
162.155 deleted text begin RULES FOR VARIANCESdeleted text end new text begin RULEMAKINGnew text end .
new text begin (a) new text end The commissioner shall adopt rulesdeleted text begin , no later than January 1, 1980, in accordance
with sections 15.041 to 15.052,deleted text end setting forth the criteria to be considered by the
commissioner in evaluating requests for variances under sections 162.02, subdivision 3a
and 162.09, subdivision 3a. The rules deleted text begin shalldeleted text end new text begin mustnew text end include, but are not limited to, economic,
engineering and safety guidelines.
new text begin (b)new text end Thenew text begin commissioner shall adopt rules establishing thenew text end engineering standards
deleted text begin adopted pursuant to sectiondeleted text end new text begin for cost estimation under sectionsnew text end 162.07, subdivision 2,
deleted text begin ordeleted text end new text begin andnew text end 162.13, subdivision 2deleted text begin , shall be adopted pursuant to the requirements of chapter
15 by July 1, 1980deleted text end .
new text begin
(c) The rules adopted by the commissioner under this section, and sections
162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the
rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that,
notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or
superseded by other law or rule.
new text end
Sec. 13.
Minnesota Statutes 2010, section 165.01, is amended to read:
165.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the terms defined in this
section and section 160.02 have the meanings given them.
Subd. 2.
AASHTO manual.
deleted text begin
"AASHTO manual" means the Manual for Condition
Evaluation of Bridges, published by the American Association of State Highway and
Transportation Officials.
deleted text end
new text begin
"The Manual for Bridge Evaluation," published by the American
Association of State Highway and Transportation Officials, is incorporated by reference.
new text end
new text begin Subd. 3. new text end
new text begin Bridge. new text end
new text begin
"Bridge" is defined as a structure, including supports erected over
a depression or an obstruction, such as water, a highway, or a railway, having a track or
passageway for carrying traffic or other moving loads, and having an opening measured
horizontally along the center of the roadway of ten feet or more between undercopings of
abutments, between the spring line of arches, or between the extreme ends of openings
for multiple boxes. Bridge also includes multiple pipes where the clear distance between
openings is less than one-half of the smaller contiguous opening. This definition of a
bridge includes only those railroad and pedestrian bridges over a public highway or street.
new text end
new text begin Subd. 4. new text end
new text begin National Bridge Inspection Standards (NBIS). new text end
new text begin
"NBIS" means standards
established by the Federal Highway Administration in Code of Federal Regulations, title
23, part 650, subpart C, incorporated by reference.
new text end
Sec. 14.
Minnesota Statutes 2010, section 165.03, is amended to read:
165.03 STRENGTH OF BRIDGE; INSPECTION.
Subdivision 1.
Standards generally.
Each bridge, including a privately owned
bridge, must conform to the strength, width, clearance, and safety standards imposed
by the commissioner for the connecting highway or street. This subdivision applies to
a bridge that is constructed after August 1, 1989, on any public highway or street. The
bridge must have sufficient strength to support with safety the maximum vehicle weights
allowed under sections 169.822 to 169.829 and must have the minimum width specified
in section 165.04, subdivision 3.
Subd. 1a.
Inspection.
(a) Each bridge must be inspected annually, unless a longer
interval not to exceed deleted text begin two yearsdeleted text end new text begin 24 monthsnew text end for bridges or deleted text begin four yearsdeleted text end new text begin 48 monthsnew text end for bridges
classified as culverts is authorized by the commissioner. The commissioner's authorization
must be based on factors including, but not limited to, the age and condition of the
bridge, the rate of deterioration of the bridge, the type of structure, the susceptibility of
the bridge to failure, and the characteristics of traffic on the bridge. The commissioner
may require interim inspections at intervals of less than one year on bridges that are
posted, bridges subjected to extreme scour conditions, bridges subject to significant
substructure movement or settlement, and for other reasons as specified or inferred in the
AASHTO manual.
new text begin
(b) Additional requirements apply to structures meeting the NBIS definition of
a bridge:
new text end
new text begin
(1) Underwater structural elements must be inspected at regular intervals not to
exceed 60 months. The commissioner may require inspections at intervals of less than
60 months on certain underwater structural elements based on factors including, but not
limited to, construction material, environment, age, scour characteristics, the condition
ratings from past inspections, and any known deficiencies.
new text end
new text begin
(2) Fracture critical members, or FCMs, must receive a hands-on fracture critical
inspection at intervals not to exceed 24 months. The commissioner may require
inspections at intervals of less than 24 months on certain FCMs based on factors including,
but not limited to, age, traffic characteristics, and any known deficiencies.
new text end
new text begin
(3) The commissioner may establish criteria to determine the level and frequency of
these inspections. If warranted by special circumstances, the commissioner retains the
authority to determine the inspection type and required inspection frequency for any
bridge on the state inventory.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The thoroughness of each inspection depends on such factors as age, traffic
characteristics, state of maintenance, and known deficiencies. The evaluation of these
factors is the responsibility of the engineer assigned the responsibility for inspection as
defined by deleted text begin rule adopted bydeleted text end the commissioner of transportation.
Subd. 2.
Inspection and inventory responsibilities; rules; forms.
new text begin
(a) The
commissioner of transportation will adopt the National Bridge Inspection Standards
(NBIS) established by the Federal Highway Administration in Code of Federal
Regulations, title 23, part 650, subpart C, or its successor documents, for structures
meeting the NBIS definition of a bridge. The commissioner shall establish inspection and
inventory standards for structures defined as bridges by section 165.01, subdivision 3.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end The commissioner of transportation shall adopt official inventory and bridge
inspection report forms for use in making bridge inspections by the owners or highway
authorities specified by this subdivision. Inspections must be made at regular intervals,
not to exceed deleted text begin two years for bridges and not to exceed four years for culvertsdeleted text end new text begin the intervals
outlined in subdivision 1anew text end , by the following owner or official:
(1) the commissioner of transportation for all bridges located wholly or partially
within or over the right-of-way of a state trunk highway;
(2) the county highway engineer for all bridges located wholly or partially within or
over the right-of-way of any county or town road, or any street within a municipality that
does not have a city engineer regularly employed;
(3) the city engineer for all bridges located wholly or partially within or over the
right-of-way of any street located within or along municipal limits;
(4) the commissioner of transportation in case of a toll bridge that is used by the
general public and that is not inspected and certified under subdivision 6; provided, that
the commissioner of transportation may assess the owner for the costs of the inspection;
(5) the owner of a bridge over a public highway or street or that carries a roadway
designated for public use by a public authority, if not required to be inventoried and
inspected under clause (1), (2), (3), or (4).
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner of transportation shall prescribe the deleted text begin standards for bridge
inspection and inventory by rulesdeleted text end new text begin inspection and inventory procedures required to
administer the bridge inspection program in Minnesota and has the authority to establish
and publish standards that describe the inspection and inventory requirements to ensure
compliance with paragraph (a)new text end . The owner or highway authority shall inspect and
inventory in accordance with these standards and furnish the commissioner with such data
as may be necessary to maintain a central inventory.
Subd. 3.
County inventory and inspection records and reports.
The county
engineer shall maintain a complete inventory record of all bridges as set forth in
subdivision 2, paragraph deleted text begin (a)deleted text end new text begin (b)new text end , clause (2), with the inspection reports thereof, and shall
certify annually to the commissioner, as prescribed by the commissioner, that inspections
have been made at regular intervals, not to exceed deleted text begin two years for bridges and not to
exceed four years for culvertsdeleted text end new text begin the intervals outlined in subdivision 1anew text end . A report of the
inspections must be filed annually, on or before February 15 of each year, with the county
auditor or town clerk, or the governing body of the municipality. The report must contain
recommendations for the correction of or legal posting of load limits on any bridge or
structure that is found to be understrength or unsafe.
Subd. 4.
Municipal inventory and inspection records and reports.
The
city engineer shall maintain a complete inventory record of all bridges as set forth in
subdivision 2, paragraph deleted text begin (a)deleted text end new text begin (b)new text end , clause (3), with the inspection reports thereof, and shall
certify annually to the commissioner, as prescribed by the commissioner, that inspections
have been made at regular intervals, not to exceed deleted text begin two years for bridges and not to exceed
four years for culvertsdeleted text end new text begin the intervals outlined in subdivision 1anew text end . A report of the inspections
must be filed annually, on or before February 15 of each year, with the governing body of
the municipality. The report must contain recommendations for the correction of or legal
posting of load limits on any bridge or structure that is found to be understrength or unsafe.
Subd. 5.
Agreement.
Agreements may be made among the various units of
governments, or between governmental units and qualified engineering personnel to
carry out the responsibilities for the bridge inspections and reports, as established by
subdivision 2.
Subd. 6.
Other bridges.
The owner of a toll bridge and the owner of a bridge
described in subdivision 2, paragraph deleted text begin (a)deleted text end new text begin (b)new text end , clause (5), shall certify to the commissioner,
as prescribed by the commissioner, that inspections of the bridge new text begin or culvert new text end have been
made at regular intervals, not to exceed deleted text begin two years for bridges and not to exceed four years
for culvertsdeleted text end new text begin the intervals outlined in subdivision 1anew text end . The certification must be accompanied
by a report of the inspection. The report must contain recommendations for the correction
of or legal posting of load limitations if the bridge is found to be understrength or unsafe.
new text begin Subd. 6a. new text end
new text begin Bridge load rating and posting. new text end
new text begin
(a) The term "posting" means the
placement of regulatory signs at a bridge indicating the safe load carrying capacity of
the bridge.
new text end
new text begin
(b) Each structure required to be inspected under subdivision 2, paragraph (a), must
be load rated to determine its safe load carrying capacity, and this rating must be reported
on a structure inventory sheet form provided by the commissioner of transportation. A
structure must be rerated when it is determined that a significant change has occurred in
the condition of the structure or due to additional dead load placed on the structure since
the last load rating. Load ratings must be reviewed and the structure rerated if necessary
when the allowable legal load using the structure is increased. Changes in the load rating
of a bridge must be indicated on the structure inventory sheet form.
new text end
new text begin
(c) If it is determined that the maximum legal load under state law exceeds the load
permitted on the structure under the operating rating stress level assigned, the bridge must
be posted. Posting signs adopted by the commissioner shall be used for the posting. The
owner or highway authority shall post the bridge in accordance with the posted load
assigned by the commissioner.
new text end
Subd. 7.
Department of Natural Resources bridge.
(a) Notwithstanding
subdivision 2, the commissioners of transportation and natural resources shall negotiate a
memorandum of understanding that governs the inspection of bridges owned, operated,
or maintained by the commissioner of natural resources.
(b) The memorandum of understanding must provide for:
(1) the inspection and inventory of bridges subject to federal law or regulations;
(2) the frequency of inspection of bridges described in deleted text begin paragraph (a)deleted text end new text begin subdivision
1anew text end ; and
(3) who may perform inspections required under the memorandum of understanding.
Subd. 8.
Biennial report on bridge inspection quality assurance.
By February
1 of each odd-numbered year, the commissioner shall submit a report electronically to
the members of the senate and house of representatives committees with jurisdiction over
transportation policy and finance concerning quality assurance for bridge inspections.
At a minimum, the report must:
(1) summarize the bridge inspection quality assurance and quality control procedures
used in Minnesota;
(2) identify any substantive changes to quality assurance and quality control
procedures made in the previous two years;
(3) summarize and provide a briefing on findings from bridge inspection quality
reviews performed in the previous two years;
(4) identify actions taken and planned in response to findings from bridge inspection
quality reviews performed in the previous two years;
(5) summarize the results of any bridge inspection compliance review by the Federal
Highway Administration; and
(6) identify actions in response to the Federal Highway Administration compliance
review taken by the department in order to reach full compliance.
Sec. 15.
Minnesota Statutes 2010, section 168.002, subdivision 19, is amended to read:
Subd. 19.
Motorcycle.
"Motorcycle" deleted text begin means every motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, including motor scooters and bicycles with motor attached, other
than those vehicles defined as motorized bicycles in subdivision 20, but excluding a tractordeleted text end new text begin
has the meaning given in section 169.011, subdivision 44new text end .
Sec. 16.
Minnesota Statutes 2010, section 168.002, subdivision 20, is amended to read:
Subd. 20.
Motorized bicycle.
"Motorized bicycle" deleted text begin means a bicycle that is propelled
by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
centimeters or less, and a maximum of two brake horsepower, which is capable of a
maximum speed of not more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is engaged. "Motorized bicycle"
includes an electric-assisted bicycle as defined in section 169.011, subdivision 27deleted text end new text begin has the
meaning given in section 169.011, subdivision 45new text end .
Sec. 17.
Minnesota Statutes 2010, section 168.012, is amended by adding a subdivision
to read:
new text begin Subd. 2d. new text end
new text begin Electric-assisted bicycles. new text end
new text begin
Electric-assisted bicycles must not be taxed as
motor vehicles using the public streets and highways, and are exempt from the provisions
of this chapter.
new text end
Sec. 18.
Minnesota Statutes 2010, section 168.013, is amended by adding a subdivision
to read:
new text begin Subd. 22. new text end
new text begin Optional donation for education on anatomical gifts. new text end
new text begin
As part of
procedures for payment of the vehicle registration tax under this section, the commissioner
shall allow a vehicle owner to add to the tax a $2 donation for the purposes of public
information and education on anatomical gifts under section 171.075, for in-person
transactions conducted by a deputy registrar appointed under section 168.33, subdivision
2. This subdivision applies to annual renewal registrations only, and does not apply to
registrations authorized under sections 168.053 to 168.057, 168.127, 168.187, and 168.27.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2013.
new text end
Sec. 19.
Minnesota Statutes 2011 Supplement, section 168.12, subdivision 5, is
amended to read:
Subd. 5.
Additional fee.
(a) In addition to any fee otherwise authorized or any tax
otherwise imposed upon any vehicle, the payment of which is required as a condition to
the issuance of any plate or plates, the commissioner shall impose the fee specified in
paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate
or plates, except for plates issued to disabled veterans as defined in section 168.031 and
plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17,
for passenger automobiles. The commissioner shall issue graphic design plates only
for vehicles registered pursuant to section 168.017 and recreational vehicles registered
pursuant to section 168.013, subdivision 1g.
(b) Unless otherwise specified or exempted by statute, the following plate and
validation sticker fees apply for the original, duplicate, or replacement issuance of a
plate in a plate year:
| License Plate |
Single |
Double |
||||
| Regular and Disability |
$ |
4.50 |
$ |
6.00 |
||
| Special |
$ |
8.50 |
$ |
10.00 |
||
| Personalized (Replacement) |
$ |
10.00 |
$ |
14.00 |
||
| Collector Category |
$ |
13.50 |
$ |
15.00 |
||
| Emergency Vehicle Display |
$ |
3.00 |
$ |
6.00 |
||
| Utility Trailer Self-Adhesive |
$ |
2.50 |
||||
| Vertical Motorcycle Plate |
$ |
100.00 |
NA |
|||
| Stickers |
||||||
| Duplicate year |
$ |
1.00 |
$ |
1.00 |
||
| International Fuel Tax Agreement |
$ |
2.50 |
||||
(c) For vehicles that require two of the categories above, the registrar shall only
charge the higher of the two fees and not a combined total.
deleted text begin
(d) As part of procedures for payment of the fee under paragraph (b), the
commissioner shall allow a vehicle owner to add to the fee, a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1, is
amended to read:
Subdivision 1.
General requirements; fees.
(a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:
(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions, and
is a registered owner of a passenger automobile as defined in section 168.002, subdivision
24, recreational motor vehicle as defined in section 168.002, subdivision 27, or one-ton
pickup truck as defined in section 168.002, subdivision 21b, but which is not a commercial
motor vehicle as defined in section 169.011, subdivision 16; or
(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle as defined in section 168.002, subdivision 19,
and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (f), (h),
(i), or (j). Plates issued under this clause must be the same size as regular motorcycle
plates. Special motorcycle license plates issued under this clause are not subject to
section 168.1293.
(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.
(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.
deleted text begin
(d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2010, section 168A.03, subdivision 1, is amended to read:
Subdivision 1.
No certificate issued.
The registrar shall not issue a certificate of
title for:
(1) a vehicle owned by the United States;
(2) a vehicle owned by a nonresident and not required by law to be registered in
this state;
(3) a vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective certificate of title
has been issued in another state;
(4) a vehicle moved solely by animal power;
(5) an implement of husbandry;
(6) special mobile equipment;
(7) a self-propelled wheelchair or invalid tricycle;
(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
holds an interest in the trailer or a certificate of title was previously issued by this state or
any other state or (ii) designed primarily for agricultural purposes except a recreational
vehicle or a manufactured home, both as defined in section 168.002, subdivisions 16
and 27;
(9) a snowmobile; deleted text begin and
deleted text end
(10) a spotter truck, as defined in section 169.011, subdivision 77new text begin ; and
new text end
new text begin (11) an electric-assisted bicycle, as defined in section 169.011, subdivision 27new text end .
Sec. 22.
Minnesota Statutes 2010, section 168A.07, subdivision 1, is amended to read:
Subdivision 1.
Ownership at issue; certificate withheld or bond filed.
In the event
application is made in this state for a certificate of title on a vehicle and the department is
not satisfied as to the ownership of the vehicle or the existence of security interests therein,
the vehicle may be registered but the departmentnew text begin , subject to subdivision 1a,new text end shall either:
(1) withhold issuance of a certificate of title until the applicant shall present
documents reasonably sufficient to satisfy the department of the applicant's ownership of
the vehicle and as to any security interest therein; or
(2) as a condition to issuing a certificate of title, require the applicant to file a bondnew text begin
in the form and amount provided in subdivision 1b.
new text end
new text begin Subd. 1a. new text end
new text begin Ownership at issue; requirements for certificate issuance. new text end
new text begin
(a) In the
event application is made in this state for a certificate of title on a vehicle with a model
year designated by the manufacturer of more than five years prior to the year in which
application is made, and the applicant is unable to establish sole ownership of the vehicle
because one or more owners, prior owners, or lienholders cannot be found, the department
shall issue a certificate of title to the applicant if the applicant submits:
new text end
new text begin
(1) the application;
new text end
new text begin
(2) a bond in the form and amount provided in subdivision 1b;
new text end
new text begin
(3) an affidavit that identifies the make, model year, and vehicle identification
number of the vehicle, and includes a statement that:
new text end
new text begin
(i) the applicant is an owner of the vehicle;
new text end
new text begin
(ii) the applicant has physical possession of the vehicle; and
new text end
new text begin
(iii) in attempting to transfer interest in the vehicle or obtain a certificate of title or
lien release, the applicant was unable after using due diligence to (A) determine the names
or locations of one or more owners, prior owners, or lienholders; or (B) successfully
contact one or more owners, prior owners, or lienholders known to the applicant; and
new text end
new text begin
(4) payment for required taxes and fees.
new text end
new text begin
(b) Unless the department has been notified of the pendency of an action to recover
the bond under paragraph (a), clause (2), the department shall allow it to expire at the
end of three years.
new text end
new text begin Subd. 1b. new text end
new text begin Bond requirements. new text end
new text begin A bond filed under this section must benew text end in the form
prescribed by the department and executed by the applicant, and either accompanied by the
deposit of cash or executed by a surety company authorized to do business in this state, in
an amount equal to 1-1/2 times the value of the vehicle as determined by the department.
The bond shall be conditioned to indemnify any prior owner and secured party and any
subsequent purchaser of the vehicle or person acquiring any security interest therein, or the
successor in interest of any said person, against any expense, loss, or damage, including
reasonable attorneys' fees, by reason of the issuance of the certificate of title to the vehicle
or on account of any defect in or undisclosed security interest upon the right, title and
interest of the applicant in and to the vehicle. Any such interested person shall have a right
of action to recover on such bond for any breach of its conditions, but the aggregate
liability of the surety to all such persons shall in no event exceed the amount of the bond.
Unless the department has been notified of the pendency of an action to recover on the
bond and if all questions as to ownership and outstanding security interests have been
resolved to the satisfaction of the department, such bond, and any deposit accompanying
it, shall be returned at the end of three years or prior thereto in the event the vehicle is no
longer registered in this state and the currently valid certificate of title is surrendered.
Sec. 23.
Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read:
Subd. 4.
Bicycle.
new text begin (a) new text end "Bicycle" means every devicenew text begin capable of beingnew text end propelled
solely by human power upon which any person may ride, having two tandem wheels
deleted text begin except scooters and similar devicesdeleted text end new text begin ,new text end and including any device generally recognized
as a bicycle though equipped with two front or rear wheels.new text begin Bicycle includes an
electric-assisted bicycle, as defined in subdivision 27.
new text end
new text begin
(b) "Bicycle" does not include scooters, motorized foot scooters, or similar devices.
new text end
Sec. 24.
Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
Subd. 27.
Electric-assisted bicycle.
"Electric-assisted bicycle" means a deleted text begin motor
vehicledeleted text end new text begin bicyclenew text end with two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirementsnew text begin :
new text end
new text begin (i) new text end of federal motor vehicle safety standardsnew text begin for a motor-driven cyclenew text end in Code of
Federal Regulations, title 49, sections 571.1 et seq.new text begin ; or
new text end
new text begin (ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor
requirementsnew text end ; and
(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
incapable of further increasing the speed of the device when human power alone is used
to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
ceases to function when the vehicle's brakes are applied.
Sec. 25.
Minnesota Statutes 2010, section 169.011, subdivision 44, is amended to read:
Subd. 44.
Motorcycle.
"Motorcycle" means every motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, including motor scooters deleted text begin and bicycles with motor attached,
other than those vehicles defined asdeleted text end new text begin . Motorcycle does not include (1) new text end motorized bicyclesnew text begin
as definednew text end in subdivision 45, deleted text begin but excludingdeleted text end new text begin (2) electric-assisted bicycles as defined in
subdivision 27, or (3)new text end a tractor.
Sec. 26.
Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read:
Subd. 45.
Motorized bicycle.
"Motorized bicycle" means a bicycle that is propelled
by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
centimeters or less, and a maximum of two brake horsepower, which is capable of a
maximum speed of not more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is engaged. deleted text begin "deleted text end Motorized bicycledeleted text begin "
includesdeleted text end new text begin does not includenew text end an electric-assisted bicycle as defined in subdivision 27.
Sec. 27.
Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:
Subd. 4.
Obedience to traffic-control signal or flagger; presumptions.
(a) The
driver of any vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this chapter, unless
otherwise directed by a police officer or by a deleted text begin certified overdimensional load escort driverdeleted text end new text begin
flagger authorized under this subdivisionnew text end , subject to the exceptions granted the driver of
an authorized emergency vehicle in this chapter.
(b) No provision of this chapter for which official traffic-control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular section does not state that official
traffic-control devices are required, such section shall be effective even though no devices
are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority, unless the contrary
shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this
chapter and purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.
(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a designated work zone may proceed after stopping only on
instruction by the flagger.
(f) An overdimensional load escort driver with a certificate issued under section
299D.085, while acting as a flagger escorting a legal overdimensional load, may stop
vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
proceed only on instruction by the flagger or a police officer.
new text begin
(g) A person may stop and hold vehicles in place until it is safe for the vehicles to
proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
171.60; (2) meets the safety and equipment standards for operating under the certificate;
(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
or home rule charter city through which the motorcycle group is proceeding; and (5)
has obtained consent from the chief of police, or the chief's designee, of any city of the
first class through which the group is proceeding. A flagger operating as provided under
this paragraph may direct operators of motorcycles within a motorcycle group ride or
other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
including stop signs or traffic-control signals. A person operating a vehicle that has been
stopped by a flagger under this paragraph may proceed only on instruction by the flagger
or a police officer.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective one year after publication in the State
Register of rules adopted under section 171.60, subdivision 5.
new text end
Sec. 28.
Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
Subd. 13.
Reports confidential; evidence, fee, penalty, appropriation.
(a) All
reports and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:
(1) the commissioner of public safety or any law enforcement agency shall, upon
written request of any individual involved in an accident or upon written request of the
representative of the individual's estate, surviving spouse, or one or more surviving next
of kin, or a trustee appointed under section 573.02, or other person injured in person,
property, or means of support, or who incurs other pecuniary loss by virtue of the accident,
disclose to the requester, the requester's legal counsel, or a representative of the requester's
insurer the report required under subdivision 8;
(2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and
169.797;
(4) the commissioner of public safety shall provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations; deleted text begin and
deleted text end
new text begin
(5) upon specific request, the commissioner of public safety shall provide the
commissioner of transportation the information obtained regarding each traffic accident
involving damage to identified state-owned infrastructure, for purposes of debt collection
under section 161.20, subdivision 4; and
new text end
deleted text begin (5)deleted text end new text begin (6) new text end the commissioner of public safety may give to the United States Department
of Transportation commercial vehicle accident information in connection with federal
grant programs relating to safety.
(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. No report shall be used as evidence in any trial, civil or
criminal, or any action for damages or criminal proceedings arising out of an accident.
However, the commissioner of public safety shall furnish, upon the demand of any person
who has or claims to have made a report or upon demand of any court, a certificate
showing that a specified accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the requirements that the report be
made to the commissioner.
(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to
which the reports relate.
(d) Disclosing any information contained in any accident report, except as provided
in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of public safety shall charge authorized persons as described
in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
collected under this paragraph must be deposited in the special revenue fund and credited
to the driver services operating account established in section 299A.705 and ten percent
must be deposited in the general fund. The commissioner may also furnish an electronic
copy of the database of accident records, which must not contain personal or private data
on an individual, to private agencies as provided in paragraph (g), for not less than the cost
of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
enforcement agencies shall charge commercial users who request access to response or
incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
user" is a user who in one location requests access to data in more than five accident
reports per month, unless the user establishes that access is not for a commercial purpose.
Of the money collected by the commissioner under this paragraph, 90 percent must be
deposited in the special revenue fund and credited to the driver services operating account
established in section 299A.705 and ten percent must be deposited in the general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
provide an electronic copy of the accident records database to the public on a case-by-case
basis using the cost-recovery charges provided for under section 13.03, subdivision
3. The database provided must not contain personal or private data on an individual.
However, unless the accident records database includes the vehicle identification number,
the commissioner shall include the vehicle registration plate number if a private agency
certifies and agrees that the agency:
(1) is in the business of collecting accident and damage information on vehicles;
(2) will use the vehicle registration plate number only for identifying vehicles that
have been involved in accidents or damaged, to provide this information to persons
seeking access to a vehicle's history and not for identifying individuals or for any other
purpose; and
(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.
Sec. 29.
Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read:
Subd. 6.
Bicycle equipment.
(a) No person shall operate a bicycle at nighttime
unless the bicycle or its operator is equipped withnew text begin (1)new text end a lamp which deleted text begin shall emitdeleted text end new text begin emitsnew text end
a white light visible from a distance of at least 500 feet to the frontnew text begin ;new text end and deleted text begin withdeleted text end new text begin (2)new text end a red
reflector of a type approved by the Department of Public Safety which is visible from all
distances from 100 feet to 600 feet to the rear when directly in front of lawful lower
beams of headlamps on a motor vehicle.
new text begin (b)new text end No person may operate a bicycle at any time when there is not sufficient light to
render persons and vehicles on the highway clearly discernible at a distance of 500 feet
ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be
visible during the hours of darkness from 600 feet when viewed in front of lawful lower
beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective
materials on each side of each pedal to indicate their presence from the front or the rear and
with a minimum of 20 square inches of reflective material on each side of the bicycle or its
operator. Any bicycle equipped with side reflectors as required by regulations for new
bicycles prescribed by the United States Consumer Product Safety Commission shall be
considered to meet the requirements for side reflectorization contained in this subdivision.
new text begin (c)new text end A bicycle may be equipped withnew text begin a front lamp that emits a white flashing signal,
ornew text end a rear lamp that emits a red flashing signalnew text begin , or bothnew text end .
new text begin
(d) A bicycle may be equipped with tires having studs, spikes, or other protuberances
designed to increase traction.
new text end
deleted text begin (b)deleted text end new text begin (e)new text end No person shall operate a bicycle unless it is equipped with a brake which
will enable the operator to make the braked wheels skid on dry, level, clean pavement.
deleted text begin (c)deleted text end new text begin (f)new text end No person shall operate upon a highway any new text begin two-wheeled new text end bicycle equipped
with handlebars so raised that the operator must elevate the hands above the level of the
shoulders in order to grasp the normal steering grip area.
deleted text begin (d)deleted text end new text begin (g)new text end No person shall operate upon a highway any bicycle which is of such a size
as to prevent the operator from stopping the bicycle, supporting it with at least one foot
on the highway surface and restarting in a safe manner.
Sec. 30.
Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
to read:
new text begin Subd. 6b. new text end
new text begin Operator age. new text end
new text begin
No person under the age of 15 shall operate an
electric-assisted bicycle.
new text end
Sec. 31.
Minnesota Statutes 2010, section 169.222, subdivision 7, is amended to read:
Subd. 7.
Sale with reflectors and other equipment.
No person shall sell or offer for
sale any new bicycle unless it is equipped with reflectors and other equipment as required
by subdivision 6, deleted text begin clauses (a) anddeleted text end new text begin paragraphsnew text end (b)new text begin and (e)new text end and by deleted text begin thedeleted text end new text begin applicablenew text end regulations
for new bicycles prescribed by the United States Consumer Product Safety Commission.
Sec. 32.
Minnesota Statutes 2010, section 169.223, subdivision 1, is amended to read:
Subdivision 1.
Safety equipment; parking.
deleted text begin Except as otherwise provided in this
section,deleted text end Section 169.974 relating to motorcycles is applicable to motorized bicycles,new text begin
except as otherwise provided in this section andnew text end except that:
(1) protective headgear includes headgear that meets the deleted text begin American National
Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the
American National Standards Institute, Inc.deleted text end new text begin standards under Code of Federal Regulations,
title 16, part 1203, or successor requirementsnew text end ;
(2) a motorized bicycle equipped with a headlight and taillight meeting the
requirements of lighting for motorcycles may be operated during nighttime hours;
(3) deleted text begin except as provided in clause (5),deleted text end protective headgear is not required for operators
18 years of age or older;new text begin and
new text end
(4) the provisions of section 169.222new text begin , subdivision 9,new text end governing the parking of
bicycles apply to motorized bicyclesdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(5) the operator of an electric-assisted bicycle must wear properly fitted and
fastened headgear that meets the American National Standard for Protective Headgear for
Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute,
Inc., when operating the electric-assisted bicycle on a street or highway; and
deleted text end
deleted text begin
(6) eye protection devices are not required for operators of electric-assisted bicycles.
deleted text end
Sec. 33.
Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
Subd. 5.
Other operation requirements and prohibitions.
(a) A person operating
a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
or edge of the roadway except in one of the following situations:
(1) when overtaking and passing another vehicle proceeding in the same direction;
(2) when preparing for a left turn at an intersection or into a private road or
driveway; or
(3) when reasonably necessary to avoid conditions, including fixed or moving
objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
it unsafe to continue along the right-hand curb or edge.
(b) Persons operating motorized bicycles on a roadway may not ride more than two
abreast and may not impede the normal and reasonable movement of traffic. On a laned
roadway, a person operating a motorized bicycle shall ride within a single lane.
(c) This section does not permit the operation of a motorized bicycle on a bicycle
path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic.
deleted text begin
(d) Subject to the provisions of section 160.263, subdivision 3, a person may operate
an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted
bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same
direction as the adjacent vehicular traffic.
deleted text end
Sec. 34.
Minnesota Statutes 2010, section 169.72, subdivision 1, is amended to read:
Subdivision 1.
Solid rubber, metal, and studded tires; exceptions; permits.
(a)
Every solid rubber tire on a vehicle deleted text begin shalldeleted text end new text begin mustnew text end have rubber on its entire traction surface at
least one inch thick above the edge of the flange of the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or
semitrailer, having any metal tire in contact with the roadway, except in case of emergency.
(c) Except as provided in this section, no tire on a vehicle moved on a highway shall
have on its periphery any block, stud, flange, cleat, or spike or any other protuberances
of any material other than rubber which projects beyond the tread of the traction surface
of the tire.
new text begin (d)new text end It deleted text begin shall bedeleted text end new text begin isnew text end permissible to use any of the following on highways:
new text begin (1)new text end implements of husbandry with tires having protuberances which will not injure
the highwaydeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (2)new text end tire chains of reasonable proportions upon any vehicle when required for safety
because of snow, ice, or other conditions tending to cause a vehicle to skidnew text begin ; and
new text end
new text begin (3) tires on a bicycle as provided in section 169.222, subdivision 6new text end .
deleted text begin (d)deleted text end new text begin (e)new text end The commissioner and local authorities in their respective jurisdictions may,
in their discretion, issue special permits authorizing the operation upon a highway of
traction engines or tractors having movable tracks with transverse corrugations upon the
periphery of such movable tracks or farm tractors or other farm machinery, the operation
of which upon a highway would otherwise be prohibited under this chapter.
Sec. 35.
Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
amended to read:
Subd. 5.
Fees; proceeds deposited; appropriation.
The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued.new text begin Unless otherwise specified,new text end 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 169.826,
subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section
169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(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 and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling and transporting waterfront structures, including, but
not limited to, portable boat docks and boat lifts;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
(e) For vehicles which have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, 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 weight limitations on axles |
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 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, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. 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 169.828,
subdivision 2, 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) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
deleted text begin
(1) in fiscal years 2005 through 2010:
deleted text end
deleted text begin (i)deleted text end new text begin (1)new text end the first $50,000 in each fiscal year must be deposited in the trunk highway
fund for costs related to administering the permit program and inspecting and posting
bridges;new text begin and
new text end
deleted text begin (ii)deleted text end new text begin (2)new text end all remaining money in each fiscal year must be deposited in deleted text begin adeleted text end new text begin thenew text end bridge
inspection and signing account deleted text begin in the special revenue funddeleted text end new text begin as provided under subdivision
5anew text end . deleted text begin Money in the account is appropriated to the commissioner for:
deleted text end
deleted text begin
(A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
deleted text end
deleted text begin
(B) erection of weight-posting signs on local bridges; and
deleted text end
deleted text begin
(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.
deleted text end
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 36.
Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Bridge inspection and signing account; appropriation. new text end
new text begin
(a) A bridge
inspection and signing account is established in the special revenue fund. The account
consists of fees for special permits as specified under this chapter, and any other money
donated, allotted, transferred, or otherwise provided to the account.
new text end
new text begin
(b) The revenue in the bridge inspection and signing account under this subdivision
is annually appropriated to the commissioner for:
new text end
new text begin
(1) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
new text end
new text begin
(2) erection of weight-posting signs on local bridges.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 37.
Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read:
Subd. 4.
Deposit of revenuesdeleted text begin ; appropriationdeleted text end .
deleted text begin (a)deleted text end Revenue from the permits issued
by the commissioner under this section must be depositeddeleted text begin :
deleted text end
deleted text begin (1) in fiscal years 2008 through 2011,deleted text end in the bridge inspection and signing account
deleted text begin in the special revenue fund; and
deleted text end
deleted text begin (2) in fiscal year 2012 and subsequent years, in the trunk highway funddeleted text end new text begin as provided
under section 169.86, subdivision 5anew text end .
deleted text begin
(b) The revenue in the bridge inspection and signing account under this section is
annually appropriated to the commissioner for:
deleted text end
deleted text begin
(1) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
deleted text end
deleted text begin
(2) erection of weight-posting signs on local bridges.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 38.
Minnesota Statutes 2010, section 169.872, subdivision 1a, is amended to read:
Subd. 1a.
Limit on civil penalties.
A civil penalty for excessive weight under
section 169.871 may be imposed based on a record of a shipment under this section only if
a state law enforcement officer or motor transportation representativenew text begin : (1) new text end has inspected
and copied the record within 14 days of the date the shipment was received by the person
keeping the recordnew text begin ; and (2) has assessed the penalty within 90 days of the date the officer
or representative inspected and copied the recordnew text end .
Sec. 39.
Minnesota Statutes 2010, section 169.98, subdivision 1, is amended to read:
Subdivision 1.
Colors and markings.
(a) Except as provided in subdivisions 2 and
2a, all motor vehicles which are primarily used in the enforcement of highway traffic rules
by the State Patrol or for general uniform patrol assignment by any municipal police
department or other law enforcement agency, except conservation officers, shall have
uniform colors and markings as provided in this subdivision. Motor vehicles of:
(1) municipal police departments, including the University of Minnesota Police
Department and park police units, shall be predominantly blue, brown, green, black,
or white;
(2) the State Patrol shall be predominantly maroon; and
(3) the county sheriff's office shall be predominantly brownnew text begin , black, gold, new text end or white.
(b) The identity of the governmental unit operating the vehicle shall be displayed on
both front door panels and on the rear of the vehicle. The identity may be in the form of
a shield or emblem, or may be the word "police," "sheriff," or the words "State Patrol"
or "conservation officer," as appropriate, with letters not less than 2-1/2 inches high,
one-inch wide and of a three-eighths inch brush stroke. The identity shall be of a color
contrasting with the background color so that the motor vehicle is easily identifiable as
belonging to a specific type of law enforcement agency. Each vehicle shall be marked
with its own identifying number on the rear of the vehicle. The number shall be printed
in the same size and color required pursuant to this subdivision for identifying words
which may be displayed on the vehicle.
Sec. 40.
Minnesota Statutes 2010, section 169.98, subdivision 3, is amended to read:
Subd. 3.
Security guard vehicle.
(a) All motor vehicles which are used by security
guards in the course of their employment may have any color other than those specified in
subdivision 1 for law enforcement vehicles. The identity of the security service shall be
displayed on the motor vehicle as required for law enforcement vehicles.
(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may
continue to use a motor vehicle that is predominantly black in the course of the guard's
employment if the vehicle was being used in this manner before August 1, 2002.
new text begin
(c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may
continue to use a motor vehicle that is predominantly gold in the course of the guard's
employment if the vehicle was being used in this manner before August 1, 2012.
new text end
Sec. 41.
Minnesota Statutes 2010, section 171.01, subdivision 41, is amended to read:
Subd. 41.
Motorized bicycle.
"Motorized bicycle" deleted text begin means a bicycle that is propelled
by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
centimeters or less, and a maximum of two brake horsepower, which is capable of a
maximum speed of not more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is engaged. "Motorized bicycle"
includes an electric-assisted bicycle as defined in section 169.011, subdivision 27deleted text end new text begin has the
meaning given in section 169.011, subdivision 45new text end .
Sec. 42.
Minnesota Statutes 2011 Supplement, section 171.075, subdivision 1, is
amended to read:
Subdivision 1.
Anatomical gift account.
An anatomical gift account is established
in the special revenue fund. The account consist of funds donated under sections deleted text begin 168.12deleted text end new text begin
168.013new text end , subdivision deleted text begin 5deleted text end new text begin 22new text end , and 171.06, subdivision 2, and any other money donated,
allotted, transferred, or otherwise provided to the account. Money in the account is
annually appropriated to the commissioner for (1) grants under subdivision 2, and (2)
administrative expenses in implementing the donation and grant program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2013.
new text end
Sec. 43.
new text begin
[171.60] MOTORCYCLE ROAD GUARD CERTIFICATE.
new text end
new text begin Subdivision 1. new text end
new text begin Certificate required. new text end
new text begin
No person may perform traffic control as a
motorcycle road guard as provided under chapter 169 without a valid motorcycle road
guard certificate issued by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Certification qualifications and standards. new text end
new text begin
Through the Minnesota
Motorcycle Safety Center, the commissioner of public safety shall:
new text end
new text begin
(1) establish qualifications and requirements for a person to obtain a motorcycle road
guard certificate under this section, which must include:
new text end
new text begin
(i) a minimum 18 years of age;
new text end
new text begin
(ii) possession of a valid driver's license; and
new text end
new text begin
(iii) successful completion of a motorcycle road guard certification course;
new text end
new text begin
(2) develop and offer, whether by the Minnesota Motorcycle Safety Center or
authorized agents, a motorcycle road guard certification course; and
new text end
new text begin
(3) establish safety and equipment standards for a person who operates under a
motorcycle road guard certificate, including but not limited to specifying requirements
for a reflective safety vest.
new text end
new text begin Subd. 3. new text end
new text begin Fee. new text end
new text begin
The commissioner of public safety shall assess a fee for each applicant
for a motorcycle road guard certificate, calculated to cover the commissioner's cost of
establishing and administering the program.
new text end
new text begin Subd. 4. new text end
new text begin Penalty. new text end
new text begin
A person who violates any provision of this section is guilty
of a petty misdemeanor.
new text end
new text begin Subd. 5. new text end
new text begin Rulemaking. new text end
new text begin
The commissioner of public safety shall adopt rules to carry
out the provisions of this section. Notwithstanding section 16A.1283, the rules must
specify the fee to be assessed under subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 1 to 4 are effective one year after publication
in the State Register of rules adopted under subdivision 5. Subdivision 5 is effective the
day following final enactment.
new text end
Sec. 44.
Minnesota Statutes 2010, section 174.03, is amended by adding a subdivision
to read:
new text begin Subd. 1d. new text end
new text begin Freight rail economic development study. new text end
new text begin
(a) The commissioner of
transportation, in cooperation with the commissioner of the Department of Employment
and Economic Development, shall conduct a freight rail economic development study.
The study will assess the economic impact of freight railroads in the state and identify
opportunities to expand business development and enhance economic competitiveness
through improved utilization of freight rail options. Findings from the study shall be
incorporated as an amendment to the statewide freight and passenger rail plan.
new text end
new text begin
(b) The commissioner of transportation shall provide an interim progress report on
the study by January 15, 2013, and a final report on September 1, 2013, to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance and over employment and economic development. The
reports shall include any recommended legislative initiatives.
new text end
new text begin
(c) The commissioner of transportation may expend up to $216,000 in fiscal year
2013 under section 222.50, subdivision 7, to pay the costs of this study and report.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45.
new text begin
[174.40] SAFE ROUTES TO SCHOOL PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given them.
new text end
new text begin
(b) "Bond eligible cost" means expenditures under this section for acquisition of
land or permanent easements, predesign, design, preliminary and final engineering,
environmental analysis, construction, and reconstruction of publicly owned infrastructure
in this state with a useful life of at least ten years that provides for nonmotorized
transportation to and from a school; preparation of land for which a route to school
is established, including demolition of structures and remediation of any hazardous
conditions on the land; and the unpaid principal on debt issued by a political subdivision
for a safe routes to school project.
new text end
new text begin
(c) "Federal program" means the safe routes to school program under Title I, section
1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) of 2005, Public Law 109-59.
new text end
new text begin
(d) "School" means a school, as defined in section 120A.22, subdivision 4, excluding
a home school.
new text end
new text begin Subd. 2. new text end
new text begin Program creation. new text end
new text begin
(a) A safe routes to school program is established
to provide assistance in capital investments for safe and appealing nonmotorized
transportation to and from a school. The commissioner shall develop and implement the
safe routes to school program as provided in this section. Financial assistance under
this section is to supplement or replace aid for infrastructure projects under the federal
program.
new text end
new text begin
(b) The commissioner may provide grants or other financial assistance for a safe
routes to school project at the commissioner's discretion, subject to the requirements
of this section.
new text end
new text begin Subd. 3. new text end
new text begin Safe routes to school accounts. new text end
new text begin
(a) A safe routes to school account is
established in the bond proceeds fund. The account consists of state bond proceeds
appropriated to the commissioner. Money in the account may only be expended on
bond-eligible costs of a project receiving financial assistance as provided under this
section. All uses of funds from the account must be for publicly owned property.
new text end
new text begin
(b) A safe routes to school account is established in the general fund. The account
consists of funds as provided by law, and any other money donated, allotted, transferred,
or otherwise provided to the account. Money in the account may only be expended on a
project receiving financial assistance as provided under this section.
new text end
new text begin Subd. 4. new text end
new text begin State general obligation bond funds. new text end
new text begin
Minnesota Constitution, article XI,
section 5, clause (a), requires that state general obligation bonds be issued to finance only
the acquisition or betterment of public land, buildings, and other public improvements
of a capital nature. The legislature has determined that many school transportation
infrastructure projects will constitute betterments and capital improvements within the
meaning of the Minnesota Constitution and capital expenditures under generally accepted
accounting principles, and will be financed more efficiently and economically under this
section than by direct appropriations for specific projects.
new text end
new text begin Subd. 5. new text end
new text begin Program administration. new text end
new text begin
(a) The commissioner shall establish general
program requirements and a competitive process for financial assistance, including but
not limited to eligibility requirements for grant recipients and projects; procedures for
solicitation of grants; application requirements; procedures for payment of financial
assistance awards; and a schedule for application, evaluation, and award of financial
assistance.
new text end
new text begin
(b) An application must include:
new text end
new text begin
(1) a detailed and specific description of the project;
new text end
new text begin
(2) an estimate, along with necessary supporting evidence, of the total costs for the
project and the allocation of identified and proposed funding sources for the project;
new text end
new text begin
(3) an assessment of the need for and benefits of the project;
new text end
new text begin
(4) a resolution adopted by the governing body of the school for which a safe routes
to school grant is requested, certifying that: (i) the governing body of the school supports
the project; and (ii) funds, if any, required to be supplied by the school to complete the
project are available and committed;
new text end
new text begin
(5) a timeline indicating the major milestones of the project and their anticipated
completion dates; and
new text end
new text begin
(6) any additional information or material the commissioner prescribes.
new text end
new text begin
(c) The commissioner shall make reasonable efforts to (1) publicize each solicitation
for applications among all eligible recipients, and (2) provide technical and informational
assistance in creating and submitting applications.
new text end
new text begin
(d) By January 1, 2013, the commissioner of transportation shall publish and
maintain a manual on the safe routes to school program that assists applicants for and
recipients of financial assistance. The manual must include a list of eligibility and general
program requirements, an explanation of the application process, and a review of the
criteria used to evaluate projects.
new text end
new text begin Subd. 6. new text end
new text begin Evaluation criteria. new text end
new text begin
The commissioner shall establish criteria for
evaluation of applications and selection of projects. The criteria must include:
new text end
new text begin
(1) establishment or capital improvement of transportation infrastructure that
improves safety and encourages nonmotorized transportation to and from a school;
new text end
new text begin
(2) compliance with all applicable requirements for capital infrastructure projects
established by the Federal Highway Administration, U.S. Department of Transportation,
for the federal program; and
new text end
new text begin
(3) other components as determined by the commissioner.
new text end
new text begin Subd. 7. new text end
new text begin Grant cancellation. new text end
new text begin
If, five years after execution of a grant agreement,
the commissioner determines that the grantee has not proceeded in a timely manner
with implementation of the project funded, the commissioner must cancel the grant
and the grantee must repay to the commissioner all grant money paid to the grantee.
Section 16A.642 applies to any appropriations made from the bond proceeds fund to the
commissioner under this section that have not been awarded as financial assistance.
new text end
new text begin Subd. 8. new text end
new text begin Legislative report. new text end
new text begin
By November 1 annually, the commissioner shall
submit a report on the safe routes to school program to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
transportation policy and finance. The report must at a minimum:
new text end
new text begin
(1) summarize program implementation;
new text end
new text begin
(2) provide an overview of grant evaluation and criteria used in project selection;
new text end
new text begin
(3) provide a brief description of each project funded in the previous fiscal year,
including the amount of money provided from each safe routes to school account under
this section and the amount provided under the federal program;
new text end
new text begin
(4) summarize the status of the federal program or successor legislation; and
new text end
new text begin
(5) identify any recommendations for legislative changes, including proposals to
improve program effectiveness.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46.
Minnesota Statutes 2010, section 221.091, subdivision 2, is amended to read:
Subd. 2.
Small vehicle passenger service.
deleted text begin (a)deleted text end A city that licenses and regulates
small vehicle passenger service must do so by ordinance. The ordinance must, at a
minimum, provide for driver qualifications, insurance, vehicle safety, and periodic vehicle
inspections. A city that has adopted an ordinance complying with this subdivision may
enforce the registration requirement in section 221.021.
deleted text begin
(b) A person who provides small vehicle passenger service to an individual for the
purpose of obtaining nonemergency medical care and who receives reimbursement under
section 256B.0625, subdivision 17, for providing the service, must comply with the rules
of the commissioner adopted under section 174.30.
deleted text end
Sec. 47.
Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read:
Subd. 9.
Rail bank property use; deleted text begin petty misdemeanorsdeleted text end new text begin penaltiesnew text end .
(a) Except
for the actions of road authorities and their agents, employees, and contractors, and of
utilities, in carrying out their duties imposed by permit, law, or contract, and except
as otherwise provided in this section, it is unlawful to new text begin knowingly new text end perform any of the
following activities on rail bank property:
(1) obstruct any trail;
(2) deposit snow or ice;
(3) remove or place any earth, new text begin vegetation, new text end gravel, or rock without authorization;
(4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous
materials;
(5) erect a fence, or place or maintain any advertising, sign, or memorialnew text begin , except
upon authorization by the commissioner of transportationnew text end ;
(6) remove, injure, displace, or destroy right-of-way markers or reference or witness
monuments or markers placed to preserve section or quarter-section corners defining
rail bank property limits;
(7) drive upon any portion of rail bank property, except at approved crossings, and
except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or
other vehicles authorized to use rail bank property;
(8) deface, mar, damage, or tamper with any structure, work, material, sign, marker,
paving, guardrail, drain, or any other rail bank appurtenance; deleted text begin or
deleted text end
(9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry
on, across, or over the limits of rail bank propertydeleted text begin .deleted text end new text begin ;
new text end
new text begin
(10) plow, disc, or perform any other detrimental operation; or
new text end
new text begin
(11) place or maintain any permanent structure.
new text end
(b) Unless a greater penalty is provided elsewhere in statute, deleted text begin anydeleted text end new text begin anew text end violation of this
subdivision is a petty misdemeanor.new text begin A second or subsequent violation is a misdemeanor.
new text end
(c) The cost to remove, repair, or perform any other corrective action necessitated by
a violation of this subdivision may be charged to the violator.
Sec. 48.
Minnesota Statutes 2010, section 296A.07, subdivision 4, is amended to read:
Subd. 4.
Exemptions.
The provisions of subdivision 1 do not apply to gasoline or
denatured ethanol purchased by:
(1) a transit system or transit provider receiving financial assistance or
reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384;
(2)new text begin providers of transportation to recipients of medical assistance home and
community-based services waivers enrolled in day programs, including adult day care,
family adult day care, day treatment and habilitation, prevocational services, and
structured day services;
new text end
new text begin (3)new text end an ambulance service licensed under chapter 144E; deleted text begin or
deleted text end
new text begin
(4) providers of medical or dental services by a federally qualified health center,
as defined under title 19 of the Social Security Act, as amended by Section 4161 of the
Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a
mobile medical unit; or
new text end
deleted text begin (3)deleted text end new text begin (5)new text end a licensed distributor to be delivered to a terminal for use in blending.
new text begin EFFECTIVE DATE. new text end
new text begin
Clause (2) is effective retroactively from January 1, 2012,
and clause (4) is effective retroactively from January 1, 2011.
new text end
Sec. 49.
Minnesota Statutes 2010, section 296A.08, subdivision 3, is amended to read:
Subd. 3.
Exemptions.
The provisions of subdivisions 1 and 2 do not apply to
special fuel or alternative fuels purchased by:
(1) a transit system or transit provider receiving financial assistance or
reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384;
(2)new text begin providers of transportation to recipients of medical assistance home and
community-based services waivers enrolled in day programs, including adult day care,
family adult day care, day treatment and habilitation, prevocational services, and
structured day services;
new text end
new text begin (3)new text end an ambulance service licensed under chapter 144E; deleted text begin or
deleted text end
new text begin
(4) providers of medical or dental services by a federally qualified health center,
as defined under title 19 of the Social Security Act, as amended by Section 4161 of the
Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a
mobile medical unit; or
new text end
deleted text begin (3)deleted text end new text begin (5)new text end a licensed distributor to be delivered to a terminal for use in blending.
new text begin EFFECTIVE DATE. new text end
new text begin
Clause (2) is effective retroactively from January 1, 2012,
and clause (4) is effective retroactively from January 1, 2011.
new text end
Sec. 50.
Minnesota Statutes 2010, section 297A.68, subdivision 19, is amended to read:
Subd. 19.
Petroleum products.
The following petroleum products are exempt:
(1) products upon which a tax has been imposed and paid under chapter 296A,
and for which no refund has been or will be allowed because the buyer used the fuel
for nonhighway use;
(2) products that are used in the improvement of agricultural land by constructing,
maintaining, and repairing drainage ditches, tile drainage systems, grass waterways, water
impoundment, and other erosion control structures;
(3) products purchased by a transit system receiving financial assistance under
section 174.24, 256B.0625, subdivision 17, or 473.384;
(4) products purchased by an ambulance service licensed under chapter 144E;
(5) products used in a passenger snowmobile, as defined in section 296A.01,
subdivision 39, for off-highway business use as part of the operations of a resort as
provided under section 296A.16, subdivision 2, clause (2); deleted text begin or
deleted text end
(6) products purchased by a state or a political subdivision of a state for use in motor
vehicles exempt from registration under section 168.012, subdivision 1, paragraph (b)new text begin ;
new text end
new text begin
(7) products purchased by providers of transportation to recipients of medical
assistance home and community-based services waivers enrolled in day programs,
including adult day care, family adult day care, day treatment and habilitation,
prevocational services, and structured day services; or
new text end
new text begin (8) products used in a motor vehicle used exclusively as a mobile medical unit
for the provision of medical or dental services by a federally qualified health center, as
defined under title 19 of the federal Social Security Act, as amended by Section 4161 of
the Omnibus Budget Reconciliation Act of 1990new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
Clause (7) is effective retroactively from January 1, 2012,
and clause (8) is effective retroactively from January 1, 2011.
new text end
Sec. 51.
Minnesota Statutes 2011 Supplement, section 297B.03, is amended to read:
297B.03 EXEMPTIONS.
There is specifically exempted from the provisions of this chapter and from
computation of the amount of tax imposed by it the following:
(1) purchase or use, including use under a lease purchase agreement or installment
sales contract made pursuant to section 465.71, of any motor vehicle by the United States
and its agencies and instrumentalities and by any person described in and subject to the
conditions provided in section 297A.67, subdivision 11;
(2) purchase or use of any motor vehicle by any person who was a resident of
another state or country at the time of the purchase and who subsequently becomes a
resident of Minnesota, provided the purchase occurred more than 60 days prior to the date
such person began residing in the state of Minnesota and the motor vehicle was registered
in the person's name in the other state or country;
(3) purchase or use of any motor vehicle by any person making a valid election to be
taxed under the provisions of section 297A.90;
(4) purchase or use of any motor vehicle previously registered in the state of
Minnesota when such transfer constitutes a transfer within the meaning of section 118,
331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal
Revenue Code;
(5) purchase or use of any vehicle owned by a resident of another state and leased
to a Minnesota-based private or for-hire carrier for regular use in the transportation of
persons or property in interstate commerce provided the vehicle is titled in the state of
the owner or secured party, and that state does not impose a sales tax or sales tax on
motor vehicles used in interstate commerce;
(6) purchase or use of a motor vehicle by a private nonprofit or public educational
institution for use as an instructional aid in automotive training programs operated by the
institution. "Automotive training programs" includes motor vehicle body and mechanical
repair courses but does not include driver education programs;
(7) purchase of a motor vehicle by an ambulance service licensed under section
144E.10 when that vehicle is equipped and specifically intended for emergency response
or for providing ambulance service;
(8) purchase of a motor vehicle by or for a public library, as defined in section
134.001, subdivision 2, as a bookmobile or library delivery vehicle;
(9) purchase of a ready-mixed concrete truck;
(10) purchase or use of a motor vehicle by a town for use exclusively for road
maintenance, including snowplows and dump trucks, but not including automobiles,
vans, or pickup trucks;
(11) purchase or use of a motor vehicle by a corporation, society, association,
foundation, or institution organized and operated exclusively for charitable, religious,
or educational purposes, except a public school, university, or library, but only if the
vehicle is:
(i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a
passenger automobile, as defined in section 168.002, if the automobile is designed and
used for carrying more than nine persons including the driver; and
(ii) intended to be used primarily to transport tangible personal property or
individuals, other than employees, to whom the organization provides service in
performing its charitable, religious, or educational purpose;
(12) purchase of a motor vehicle for use by a transit provider exclusively to provide
transit service is exempt if the transit provider is either (i) receiving financial assistance or
reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29,
473.388, or 473.405;
(13) purchase or use of a motor vehicle by a qualified business, as defined in section
469.310, located in a job opportunity building zone, if the motor vehicle is principally
garaged in the job opportunity building zone and is primarily used as part of or in direct
support of the person's operations carried on in the job opportunity building zone. The
exemption under this clause applies to sales, if the purchase was made and delivery
received during the duration of the job opportunity building zone. The exemption under
this clause also applies to any local sales and use tax; deleted text begin and
deleted text end
(14) purchase of a leased vehicle by the lessee who was a participant in a
lease-to-own program from a charitable organization that is:
(i) described in section 501(c)(3) of the Internal Revenue Code; and
(ii) licensed as a motor vehicle lessor under section 168.27, subdivision 4new text begin ; and
new text end
new text begin (15) purchase of a motor vehicle used exclusively as a mobile medical unit for the
provision of medical or dental services by a federally qualified health center, as defined
under title 19 of the Social Security Act, as amended by section 4161 of the Omnibus
Budget Reconciliation Act of 1990new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively for sales and purchases
made on and after January 1, 2011.
new text end
Sec. 52.
Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read:
Subd. 2.
Certificate.
new text begin Except as provided in subdivision 2a, new text end no person may operate
as an overdimensional load escort driver in this state without a certificate issued by the
commissioner, or by a state with which the commissioner has entered into a reciprocal
agreement. The commissioner shall assess a fee for each certificate applicant, calculated
to cover the commissioner's cost of establishing and administering the program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires on the December 31 that occurs immediately after two years following the
publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3,
subdivision 5.
new text end
Sec. 53.
Minnesota Statutes 2010, section 299D.085, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Exceptions. new text end
new text begin
A person who is a minimum of 18 years of age, possesses a
valid operator's license for the type of vehicle being operated, and meets vehicle and safety
equipment standards specified by the commissioner may operate without a certificate as an
overdimensional load escort driver when: (1) the load consists of manufactured homes,
as defined in section 327.31, subdivision 6, or modular homes, as defined in section
272.02, subdivision 85, paragraph (c); (2) the load does not extend over the centerline of a
roadway; and (3) the vehicle carrying the overdimensional load is not routed to travel the
wrong way on a roadway.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires on the December 31 that occurs immediately after two years following the
publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3,
subdivision 5.
new text end
Sec. 54.
Minnesota Statutes 2010, section 299D.09, is amended to read:
299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS.
Fees charged for escort services provided by the State Patrol are annually
appropriated to the commissioner of public safety to administer and provide these services.
The deleted text begin feesdeleted text end new text begin fee new text end charged for services provided by the State Patrol with a vehicle deleted text begin are
$73.60deleted text end new text begin is $79.28 new text end an hour deleted text begin in fiscal year 2008 and $75.76 an hour in fiscal year 2009 and
thereafterdeleted text end . The deleted text begin feesdeleted text end new text begin fee new text end charged for services provided without a vehicle deleted text begin are $54deleted text end new text begin is $59.28
new text end an hour deleted text begin in fiscal year 2008 and $56.16 an hour in fiscal year 2009 and thereafterdeleted text end .
The fees charged for State Patrol flight services are $140 an hour for a fixed wing
aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Airnew text begin in fiscal year
2012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and
$454.84 an hour for the Queen Air in fiscal year 2013 and thereafternew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 55.
Minnesota Statutes 2010, section 473.39, is amended by adding a subdivision
to read:
new text begin Subd. 1r. new text end
new text begin Obligations. new text end
new text begin
After July 1, 2012, in addition to other authority under this
section, the council may issue certificates of indebtedness, bonds, or other obligations
under this section in an amount not exceeding $39,600,000 for capital expenditures as
prescribed in the council's transit capital improvement program and for related costs,
including the costs of issuance and sale of the obligations. Of this authorization, up to
$4,200,000 may be made available to fund capital projects in amounts that would have
otherwise been funded using replacement transit service provider reserves that were
reduced in 2012 as a result of Laws 2011, First Special Session chapter 3, article 1,
section 4.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective the day following
final enactment, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end
Sec. 56.
Laws 2009, chapter 158, section 10, is amended to read:
Sec. 10. EFFECTIVE DATE.
Sections 2 and 3 are effective August 1, 2009, and the amendments made in sections
2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, deleted text begin 2012deleted text end new text begin 2014new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 57. new text begin LEGISLATIVE ROUTE NO. 227 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 158, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between
the commissioner and the governing body of Wadena County to transfer jurisdiction of
Legislative Route No. 227 and notifies the revisor of statutes under paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.
new text end
Sec. 58. new text begin LEGISLATIVE ROUTE NO. 258 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 189, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between
the commissioner and the governing body of Brown County to transfer jurisdiction of
Legislative Route No. 258 and notifies the revisor of statutes under paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.
new text end
Sec. 59. new text begin LEGISLATIVE ROUTE NO. 291 REMOVED.
new text end
new text begin
(a) Minnesota Statutes, section 161.115, subdivision 222, is repealed effective the
day after the commissioner of transportation receives a copy of the agreement between the
commissioner and the governing body of the city of Hastings to transfer jurisdiction of
Legislative Route No. 291 and notifies the revisor of statutes under paragraph (b).
new text end
new text begin
(b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor
electronically or in writing that the conditions required to transfer the route have been
satisfied.
new text end
Sec. 60. new text begin I-94 NOISE IMPACTS STAKEHOLDER GROUP.
new text end
new text begin
(a) The commissioner of transportation shall establish a noise impacts stakeholder
group in conjunction with all trunk highway projects on marked Interstate Highway
94, at or near the interchange with marked Trunk Highway 280 in St. Paul, for which
preliminary engineering or preliminary design commences prior to January 1, 2018.
new text end
new text begin
(b) At a minimum, membership of the stakeholder group consists of Department of
Transportation project team representatives and interested community stakeholders.
new text end
new text begin
(c) As part of the project development process for any project identified under
paragraph (a), the commissioner shall consult with the stakeholder group to provide
background information and data on noise impacts, review practices and evaluation
options for noise mitigation, and obtain recommendations from the stakeholder group for
noise mitigation components of the project design.
new text end
Sec. 61. new text begin MUNICIPAL STATE-AID STREET FUND 2013 ALLOCATION.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 162.13, subdivision 1, the
commissioner of transportation shall allocate the apportionment sum available in the
municipal state-aid street fund, following the deductions under Minnesota Statutes, section
162.12, as provided in this section.
new text end
new text begin
(b) The commissioner shall identify a remuneration sum for each city that:
new text end
new text begin
(1) qualifies for municipal state-aid street funds under Minnesota Statutes, section
162.09, subdivision 4a; and
new text end
new text begin
(2) was not allocated municipal state-aid street funds for calendar year 2012.
new text end
new text begin
(c) The remuneration sum for each city equals the amount the city received under
the allocation of municipal state-aid street funds for calendar year 2011.
new text end
new text begin
(d) For the calendar year 2013 allocation only, the commissioner shall:
new text end
new text begin
(1) allocate to the appropriate city an amount from the apportionment sum equal
to the remuneration sum calculated in paragraph (c); and
new text end
new text begin
(2) allocate the remaining apportionment sum as provided under Minnesota Statutes,
section 162.13, subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 62. new text begin REPORTS ON USE OF CONSTRUCTION MANAGER/GENERAL
CONTRACTOR METHOD.
new text end
new text begin Subdivision 1. new text end
new text begin Submission of reports. new text end
new text begin
The commissioner shall report on experience
with and evaluation of the construction manager/general contractor method of contracting
authorized in Minnesota Statutes, sections 161.3207 to 161.3209. The reports must be
submitted to the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy or transportation finance and in compliance with
Minnesota Statutes, sections 3.195 and 3.197. An interim report must be submitted
no later than 12 months following the commissioner's acceptance of five construction
manager/general contractor contracts. A final report must be submitted no later than 12
months following the commissioner's acceptance of ten construction manager/general
contractor contracts.
new text end
new text begin Subd. 2. new text end
new text begin Content of reports. new text end
new text begin
The reports must include: (1) a description of
circumstances of any projects as to which construction manager/general contractor
requests for qualifications or requests for proposals were solicited, followed by a
cancellation of the solicitation; (2) a description of projects as to which construction
manager/general contractor method was utilized; (3) a comparison of project cost
estimates with final project costs, if available; and (4) evaluation of the construction
manager/general contractor method of procurement with respect to implications for
project cost, use of innovative techniques, completion time, and obtaining maximum
value. The final report must also include recommendations as to continued use of the
program and desired modifications to the program, and recommended legislation to
continue, discontinue, or modify the program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and expires one year following the acceptance of ten construction manager/general
contractor contracts.
new text end
Sec. 63. new text begin REPORT ON WATER PERMITTING PROCESSES FOR
TRANSPORTATION PROJECTS.
new text end
new text begin
By January 15, 2013, the commissioners of transportation, natural resources, and the
Pollution Control Agency, in consultation with local road authorities and the Board of
Water and Soil Resources, shall submit recommendations to the house of representatives
and senate committees and divisions with primary jurisdiction over environment and
natural resources policy and finance and transportation policy and finance on how
water-related permitting for transportation projects can best be streamlined through
creation of a single point of issuance system. The recommendations shall:
new text end
new text begin
(1) outline a single point of issuance system in which road authorities applying
for state water permits would interact with a single state agency serving as the sole
intermediary on behalf of all state agencies with an interest in a road authority's water
permit application;
new text end
new text begin
(2) provide a goal for the maximum number of days the state believes are necessary
to issue final water permitting decisions;
new text end
new text begin
(3) identify how state entities with current oversight authority over water permitting
decisions would allocate resources to accommodate a single point of issuance system; and
new text end
new text begin
(4) suggest strategies to enhance the coordination of federal and state water
permitting information gathering and decision-making.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 64. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber the provisions of Minnesota Statutes listed
in column A to the references listed in column B. The revisor shall also make necessary
cross-reference changes in Minnesota Statutes consistent with the renumbering.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
169.011, subdivision 83 new text end |
new text begin
168B.011, subdivision 12a new text end |
|
|
new text begin
169.041 new text end |
new text begin
168B.035 new text end |
|
|
new text begin
169.64, subdivision 5 new text end |
new text begin
168B.16 new text end |
|
|
new text begin
169.86, subdivision 8 new text end |
new text begin
168B.15 new text end |
|
|
new text begin
465.75 new text end |
new text begin
168B.14 new text end |
|
|
new text begin
514.18, subdivision 1a new text end |
new text begin
168B.045 new text end |
Sec. 65. new text begin RULES REPEALER.
new text end
new text begin
Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400;
8810.9500; 8810.9600; and 8810.9700,
new text end
new text begin
are repealed.
new text end
Sec. 66. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise specified, this article is effective August 1, 2012.
new text end
ARTICLE 4
TRANSPORTATION POLICY
Section 1.
Minnesota Statutes 2010, section 85.015, is amended by adding a
subdivision to read:
new text begin Subd. 1d. new text end
new text begin Bicycle use of trails. new text end
new text begin
The commissioner may not prohibit or otherwise
restrict operation of an electric-assisted bicycle, as defined in section 169.011, subdivision
27, on any trail under this section for which bicycle use is permitted, unless the
commissioner determines that operation of the electric-assisted bicycle is not consistent
with (1) the safety or general welfare of trail users; or (2) the terms of any property
conveyance.
new text end
Sec. 2.
Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
Subd. 2.
Authority of local government.
(a) A local government unit that receives
state grants-in-aid for any trail, with the concurrence of the commissioner, and the
landowner or land lessee, may:
(1) designate the trail for use by snowmobiles or for nonmotorized use from
December 1 to April 1 of any year; and
(2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state grants-in-aid under section 84.794,
subdivision 2, 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
concurrence of the commissioner, and landowner or land lessee, may:
(1) designate the trail specifically for use at various times of the year by all-terrain or
off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
use at the same time; and
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state grants-in-aid for any trail, with the
concurrence of the commissioner and landowner or land lessee, may designate certain
trails for joint use by snowmobiles, off-highway motorcycles, all-terrain new text begin vehicles, new text end and
off-road vehicles.
new text begin
(d) A local unit of government may not prohibit or otherwise restrict operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
this section designated for bicycle use or nonmotorized use that includes bicycles, unless
the local unit of government determines that operation of the electric-assisted bicycle is
not consistent with (1) the safety or general welfare of trail users; or (2) the terms of
any property conveyance.
new text end
Sec. 3.
Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
Subd. 4.
Nonmotorized use trails.
No motorized vehicle shall be operated on a
trail designated for nonmotorized use. This subdivision does not apply tonew text begin (1)new text end motorized
wheelchairs or other motorized devices operated by an individual who is physically
disablednew text begin ; or (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27new text end .
Sec. 4.
Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
Subd. 2.
Powers of political subdivisions.
new text begin (a) new text end The governing body of any political
subdivision may by ordinance or resolution:
(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
a bicycle lane or bicycle route;
(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
provided that the designation does not destroy a pedestrian way or pedestrian access;
(3) develop and designate bicycle paths;
(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
new text begin
(b) A governing body may not prohibit or otherwise restrict operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway,
roadway, or shoulder, unless the governing body determines that operation of the
electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway,
roadway, or shoulder users; or (2) the terms of any property conveyance.
new text end
Sec. 5.
new text begin
[160.266] MISSISSIPPI RIVER TRAIL.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and
new text end
new text begin
(2) "bikeway" has the meaning given in section 169.011, subdivision 9.
new text end
new text begin Subd. 2. new text end
new text begin Creation. new text end
new text begin
The commissioner, in cooperation with road and trail authorities
including the commissioner of natural resources, shall identify a bikeway that originates at
Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels
the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in
Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk
Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County,
St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County,
Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston
County to Minnesota's boundary with Iowa and there terminates. Where opportunities
exist, the bikeway may be designated on both sides of the Mississippi River.
new text end
new text begin Subd. 3. new text end
new text begin Connections with other bikeways. new text end
new text begin
(a) The commissioner, in cooperation
with road and trail authorities including the commissioner of natural resources, shall:
new text end
new text begin
(1) identify existing bikeways of regional significance that are in reasonable
proximity but not connected to the bikeway established in this section, including but not
limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and
new text end
new text begin
(2) support development of linkages between bikeways identified under clause (1)
and the bikeway established in this section.
new text end
new text begin
(b) The requirements of this subdivision are a secondary priority for use of funds
available under this section following establishment and enhancement of the bikeway
under subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Cooperation with other entities. new text end
new text begin
The commissioner may contract and
enter into agreements with federal agencies, other state agencies, local governments, and
private entities to establish, develop, maintain, and operate the bikeway and to interpret
associated natural and cultural resources.
new text end
new text begin Subd. 5. new text end
new text begin Funding. new text end
new text begin
Bicycle paths included within the bikeway and not administered
by the commissioner of natural resources are eligible for funding from the environment
and natural resources trust fund under chapter 116P, from the parks and trails grant
program under section 85.535, from the local recreation grants program under section
85.019, subdivision 4b, and from other sources.
new text end
Sec. 6.
Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read:
Subd. 66.
Veterans Memorial Highway.
deleted text begin Legislative Route No. 31, signed asdeleted text end
Trunk Highway new text begin marked new text end 200 as of July 1, 2010, from the border with North Dakota to the
city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner
shall adopt a suitable design to mark this highway and erect appropriate signs, subject
to section 161.139.
Sec. 7.
Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
to read:
new text begin Subd. 70. new text end
new text begin Arianna Celeste Macnamara Memorial Bridge. new text end
new text begin
The pedestrian
bridge over Route No. 7, signed as Trunk Highway 14 on the effective date of this
section, located in the city of Rochester west of Route No. 20, signed as U.S. Highway
52 on the effective date of this section, is designated as "Arianna Celeste Macnamara
Memorial Bridge." Subject to section 161.139, the commissioner shall adopt a suitable
marking design to memorialize the bridge and shall erect the appropriate signs as close as
practicable to the bridge.
new text end
Sec. 8.
Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision
to read:
new text begin Subd. 71. new text end
new text begin Deputy John W. Liebenstein Memorial Highway. new text end
new text begin
(a) That segment of
Route No. 390, signed as Interstate Highway 35 on the effective date of this section and
located in Rice County, is designated as "Deputy John W. Liebenstein Memorial Highway."
Subject to section 161.139, the commissioner shall adopt a suitable marking design to
mark this highway and shall erect the appropriate signs as provided in paragraph (b).
new text end
new text begin
(b) The commissioner of transportation shall erect suitable signs on marked
Interstate Highway 35 as close as practicable to the following locations:
new text end
new text begin
(1) one sign on the southbound entrance ramp of the interchange with Rice County
State-Aid Highway 1; and
new text end
new text begin
(2) one sign on the northbound entrance ramp of the interchange with Rice County
State-Aid Highway 1.
new text end
Sec. 9.
Minnesota Statutes 2010, section 162.081, subdivision 4, is amended to read:
Subd. 4.
Formula for distribution to towns; purposes.
new text begin (a) new text end Money apportioned to a
county from the town road account must be distributed to the treasurer of each town within
the county, according to a distribution formula adopted by the county board. The formula
must take into account each town's levy for road and bridge purposes, its population and
town road mileage, and other factors the county board deems advisable in the interests
of achieving equity among the towns. Distribution of town road funds to each town
treasurer must be made by March 1, annually, or within 30 days after receipt of payment
from the commissioner. Distribution of funds to town treasurers in a county which has
not adopted a distribution formula under this subdivision must be made according to a
formula prescribed by the commissioner by rule. deleted text begin A formula adopted by a deleted text end deleted text begin county board or
by the commissioner must provide that a town, in order to be eligible for deleted text end deleted text begin distribution of
funds from the town road account in a calendar year, must have levied for deleted text end deleted text begin taxes payable in
the previous year for road and bridge purposes at least 0.04835 percent of taxable market
value. For purposes of this eligibility requirement, taxable market value means taxable
market value for taxes payable two years prior to the aid distribution year.
deleted text end
new text begin (b) new text end Money distributed to a town under this subdivision may be expended by the
town only for the construction, reconstruction, and gravel maintenance of town roads
within the town.
Sec. 10.
Minnesota Statutes 2010, section 168.012, subdivision 1, is amended to read:
Subdivision 1.
Vehicles exempt from tax, fees, or plate display.
(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;
(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;
(3) vehicles used solely in driver education programs at nonpublic high schools;
(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;
(5) vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;
(6) vehicles owned by ambulance services licensed under section 144E.10 that
are equipped and specifically intended for emergency response or providing ambulance
services; and
(7) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.
(b) Provided the general appearance of the vehicle is unmistakable, the following
vehicles are not required to register or display number plates:
(1) vehicles owned by the federal government;
(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
the state or a political subdivision;
(3) police patrols owned or leased by the state or a political subdivision; and
(4) ambulances owned or leased by the state or a political subdivision.
(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Correctionsnew text begin or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resourcesnew text end , must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections new text begin or by conservation officers new text end must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle,
the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in charge if
issued to a vehicle of any other law enforcement agency. The certification must be on a
form prescribed by the commissioner and state that the vehicle will be used exclusively
for a purpose authorized by this section.
(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.
(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.
(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.
(g) Unmarked vehicles used in general investigation, surveillance, supervision,
and monitoring by the staff of the Department of Human Services Office of Special
Investigations and the executive director of the Minnesota sex offender program must
be registered and must display passenger vehicle classification license number plates,
furnished by the registrar at cost. Original and renewal applications for passenger vehicle
license plates must be accompanied by a certification signed by the commissioner of
human services. The certification must be on a form prescribed by the commissioner and
state that the vehicles must be used exclusively for the official duties of the Office of
Special Investigations and the executive director of the Minnesota sex offender program.
(h) Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.
(i) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.
(j) All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.
Sec. 11.
Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to read:
Subd. 1e.
Truck; tractor; combination; exceptions.
(a) On trucks and tractors
except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
combinations except those defined as farm combinations, and on commercial zone
vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
base rate schedule prescribed in this subdivision, but in no event less than $120.
Minnesota Base Rate Schedule
Scheduled taxes include five percent
surtax provided for in subdivision 14
| TOTAL GROSS WEIGHT IN POUNDS |
TAX |
||||||
| A |
0 |
- |
1,500 |
$ |
15 |
||
| B |
1,501 |
- |
3,000 |
20 |
|||
| C |
3,001 |
- |
4,500 |
25 |
|||
| D |
4,501 |
- |
6,000 |
35 |
|||
| E |
6,001 |
- |
10,000 |
45 |
|||
| F |
10,001 |
- |
12,000 |
70 |
|||
| G |
12,001 |
- |
15,000 |
105 |
|||
| H |
15,001 |
- |
18,000 |
145 |
|||
| I |
18,001 |
- |
21,000 |
190 |
|||
| J |
21,001 |
- |
26,000 |
270 |
|||
| K |
26,001 |
- |
33,000 |
360 |
|||
| L |
33,001 |
- |
39,000 |
475 |
|||
| M |
39,001 |
- |
45,000 |
595 |
|||
| N |
45,001 |
- |
51,000 |
715 |
|||
| O |
51,001 |
- |
57,000 |
865 |
|||
| P |
57,001 |
- |
63,000 |
1015 |
|||
| Q |
63,001 |
- |
69,000 |
1185 |
|||
| R |
69,001 |
- |
73,280 |
1325 |
|||
| S |
73,281 |
- |
78,000 |
1595 |
|||
| T |
78,001 |
- |
80,000 |
1760 |
|||
(b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
(c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
to subdivision 12new text begin or section 169.86, subdivision 5a, as applicablenew text end .
(d) For purposes of registration identification, for vehicles registered in the "O"
category, the owner must declare at the time of registration whether the vehicle will carry
a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
weight sticker must be issued and the owner is restricted to a gross vehicle weight of
less than 55,000 pounds.
(e) Truck-tractors except those herein defined as farm and commercial zone vehicles
shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
applicant proposes to combine with the truck-tractor.
(f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
combinations which are operated by an interstate carrier registered under section 221.60,
or by a carrier receiving operating authority under chapter 221, and operated solely within
a zone exempt from regulation pursuant to United States Code, title 49, section 13506.
(g) The license plates issued for commercial zone vehicles shall be plainly marked.
A person operating a commercial zone vehicle outside the zone or area in which its
operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
during the balance of the registration year.
(h) On commercial zone trucks the tax shall be based on the total gross weight of
the vehicle and during each of the first eight years of vehicle life is 75 percent of the
Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
tax is 50 percent of the Minnesota base rate schedule.
(i) On trucks, truck-tractors and semitrailer combinations, except those defined
as farm trucks and farm combinations, and except for those commercial zone vehicles
specifically provided for in this subdivision, the tax for each of the first eight years of
vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
base rate prescribed by this subdivision.
(j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
combination are semitrailers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2012, and applies to
all registrations that are effective on or after that date and special permits issued on or
after that date.
new text end
Sec. 12.
Minnesota Statutes 2010, 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
on it, the sum of which constitutes the gross weight upon which the license tax must be
paid. However, the declared gross weight upon which the tax is paid must not 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 169.011,
subdivision 83. 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) new text begin Except as provided by special permit issued under section 169.86, new text end the gross
weight of a motor vehicle, trailer, or semitrailer must 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 on a highway,
other than a highway that is part of the system of interstate and defense highways, unless a
federal exemption is granted, in accordance with paragraph (d)(3):
(1) 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; and
(2) between the dates set by the commissioner in accordance with section 169.826,
subdivision 1, is not subject to any provision of paragraph (d) or chapter 169 limiting
the gross axle weight of any individual axle unless the entire vehicle also exceeds its
gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
allowance permitted under section 169.826, in which case the vehicle is subject to all
applicable penalties for excess weight violations.
(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license
tax is paid must be indicated by a distinctive character on the license plate or plates except
as provided in subdivision 12new text begin or section 169.86, subdivision 5a, as applicable, new text end and the
plate or plates must 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, is guilty of a misdemeanor and subject to increased registration or
reregistration according to the following schedule:
(1) Upon conviction for transporting a gross weight in excess of the gross weight
for which a motor vehicle, trailer, or semitrailer is registered by more than 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 sections 169.822 to 169.829 by more than the allowance set forth in
paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
trailer, or semitrailer used to commit the violation, 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 is 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 sections 169.822 to 169.829, that additional amount must nevertheless be
paid into the highway fund, but the additional tax thus paid does not authorize or permit
any person to operate the vehicle with a gross weight in excess of the maximum legal
weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days
after a conviction applies to increase the authorized weight and pays 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) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
semitrailer 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 the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any
penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
privileges on the vehicle involved if the vehicle is being operated under reciprocity
or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
registration on the vehicle operated and 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 deleted text begin 50deleted text end new text begin 100new text end miles of the place of production or
on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
forest products from the place of production to the place of 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 this section, the vehicle must 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 is 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 must be at the full annual
registration fee without regard to the percentage of vehicle miles traveled in this state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2012, and applies to
all registrations that are effective on or after that date and special permits issued on or
after that date.
new text end
Sec. 13.
Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:
Subd. 12.
Additional tax for excessive gross weight.
new text begin (a) new text end Whenever an owner has
registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
a selected gross weight of the vehicle and thereafter such owner desires to operate such
vehicle with a greater gross weight than that for which the tax has been paid, such owner
shall be permitted to reregister such vehicle by paying the additional tax due thereon
for the remainder of the calendar year for which such vehicle has been reregistered, the
additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
of the year remaining in the calendar year, beginning with the first day of the month in
which such owner desires to operate the vehicle with the greater weight. In computing
the additional tax as aforesaid, the owner shall be given credit for the unused portion of
the tax previously paid computed pro rata by the month, 1/12 of the annual tax paid for
each month of the year remaining in the calendar year beginning with the first day of the
month in which such owner desires to operate the vehicle with the greater weight. An
owner will be permitted one reduction of gross weight or change of registration per year,
which will result in a refund. This refund will be prorated monthly beginning with the
first day of the month after such owner applies to amend the registration. The application
for amendment shall be accompanied by a fee of $3, and all fees shall be deposited in
the highway user tax distribution fund. Provided, however, the owner of a vehicle may
reregister the vehicle for a weight of more than 81,000 pounds for one or more 30-day
periods. For each 30-day period, the additional tax shall be equal to 1/12 of the difference
between the annual tax for the weight at which the vehicle is registered and reregistered.
deleted text begin When a vehicle is reregistered in accordance with this provision, a distinctive windshield
sticker provided by the commissioner of public safety shall be permanently displayed.
deleted text end
new text begin
(b) This subdivision does not apply to the owner of a vehicle who pays the additional
tax for excessive gross weight under section 169.86, subdivision 5a, when buying a permit
to operate with the greater gross weight.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective with the registration period beginning
October 1, 2012, and applies to all registrations that are effective on or after that date and
special permits issued on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to
read:
Subd. 12.
Public impound lot.
"Public impound lot" means an impound lot owned
by or deleted text begin contracting withdeleted text end new text begin exclusively contracted solely for public use bynew text end a unit of government
under section 168B.09.
Sec. 15.
Minnesota Statutes 2010, section 169.035, subdivision 1, is amended to read:
Subdivision 1.
Working on highway.
(a) The provisions of this chapter shall not
apply to persons, motor vehicles, and other equipment while actually engaged in work
upon the highway, except as provided in paragraphs (b) and (c).
(b) This chapter shall apply to those persons and vehicles when traveling to or
from such work, except that persons operating equipment owned, rented or hired by
road authorities shall be exempt from the width, height and length provisions of sections
169.80 and 169.81 and shall be exempt from the weight limitations of this chapternew text begin while
performing the following actions on behalf of the state or a local governmental unit:
new text end
new text begin
(1) while loading, readying, or moving the vehicles or equipment in preparation for
combating anticipated slippery road conditions or removing snow or ice;
new text end
new text begin (2) new text end while new text begin actually new text end engaged in snow or ice removal deleted text begin anddeleted text end new text begin or combating slippery road
conditions, including but not limited to pretreatment and anti-icing activities; or
new text end
new text begin (3)new text end while engaged in flood control operations deleted text begin on behalf of the state or a local
governmental unitdeleted text end .
(c) Chapter 169A and section 169.444 apply to persons while actually engaged in
work upon the highway.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Trains. new text end
new text begin
(a) For purposes of this subdivision, "railroad operator" means
a person who is a locomotive engineer, conductor, member of the crew of a railroad
locomotive or train, or an operator of on-track equipment.
new text end
new text begin
(b) A peace officer may not issue a citation for violation of this chapter or chapter
171 to a railroad operator involving the operation of a railroad locomotive or train, or
on-track equipment while being operated upon rails.
new text end
new text begin
(c) Notwithstanding section 171.08, a railroad operator is not required to display or
furnish a driver's license to a peace officer in connection with the operation of a railroad
locomotive or train, or on-track equipment while being operated upon rails.
new text end
Sec. 17.
Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read:
Subd. 5.
Traffic-control signal.
(a) Whenever traffic is controlled by traffic-control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow shall be used, except for
special pedestrian signals carrying a word or legend. The traffic-control signal lights or
colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green indication:
(i) Vehicular traffic facing a circular green signal may proceed straight through or
turn right or left unless a sign deleted text begin at such placedeleted text end prohibits either turn. But vehicular traffic,
including vehicles turning right or left, shall yield the right-of-way to other vehicles and to
pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal
is exhibited.new text begin Vehicular traffic turning left or making a U-turn to the left shall yield the
right-of-way to other vehicles approaching from the opposite direction so closely as to
constitute an immediate hazard.
new text end
(ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, may cautiously enter the intersection only to make the movement
indicated by the arrow, or other movement as permitted by other indications shown at the
same time. deleted text begin Suchdeleted text end Vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the intersection.
(iii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
time that the green signal indication is first shown.
(2) Steady yellow indication:
(i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
warned that the related green movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic must not enter the intersection,
except for the continued movement allowed by any green arrow indication simultaneously
exhibited.
(ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.
(3) Steady red indication:
(i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
stop line but, if none, before entering the crosswalk on the near side of the intersection
or, if none, then before entering the intersection and shall remain standing until a green
indication is shown, except as follows: (A) the driver of a vehicle stopped as close
as practicable at the entrance to the crosswalk on the near side of the intersection or,
if none, then at the entrance to the intersection in obedience to a red or stop signal,
and with the intention of making a right turn may make the right turn, after stopping,
unless an official sign has been erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
one-way street on which traffic moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into the one-way street, unless an official sign has
been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
other traffic lawfully proceeding as directed by the signal at that intersection.
(ii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
(iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
before entering the crosswalk on the near side of the intersection or, if none, then before
entering the intersection and must remain standing until a permissive signal indication
permitting the movement indicated by the red arrow is displayed, except as follows: when
an official sign has been erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to enter the intersection to turn
right, or to turn left from a one-way street into a one-way street on which traffic moves
to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
lawfully proceeding as directed by the signal at that intersection.
(b) In the event an official traffic-control signal is erected and maintained at a place
other than an intersection, the provisions of this section are applicable except those which
can have no application. Any stop required must be made at a sign or marking on the
pavement indicating where the stop must be made, but in the absence of any such sign or
marking the stop must be made at the signal.
(c) When a traffic-control signal indication or indications placed to control a certain
movement or lane are so identified by placing a sign near the indication or indications,
no other traffic-control signal indication or indications within the intersection controls
vehicular traffic for that movement or lane.
Sec. 18.
Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read:
Subd. 7.
Flashing signal.
When flashing red or yellow signals are used they shall
require obedience by vehicular traffic as follows:
(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of
vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk
on the near side of the intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the intersecting roadway
before entering the intersection, and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of
vehicles with the intention of making a movement indicated by the arrow shall stop at a
clearly marked stop line, but if none, before entering the crosswalk on the near side of
the intersection, or if none, then at the point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after making a
stop at a stop sign.
(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers
of vehicles may proceed through the intersection or past the signals only with caution.new text begin
Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to
other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at
the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left
shall yield the right-of-way to other vehicles approaching from the opposite direction so
closely as to constitute an immediate hazard.
new text end
(d) When a yellow arrow indication is illuminated with rapid intermittent flashes,
drivers of vehicles with the intention of making a movement indicated by the arrow may
proceed through the intersection or past the signals only with cautiondeleted text begin .deleted text end new text begin , but shall yield
the right-of-way to other vehicles and to pedestrians lawfully within the intersection or
adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or
making a U-turn to the left shall yield the right-of-way to other vehicles approaching from
the opposite direction so closely as to constitute an immediate hazard.
new text end
Sec. 19.
Minnesota Statutes 2010, section 169.19, subdivision 5, is amended to read:
Subd. 5.
Signal to turn.
A signal of intention to turn right or left shall be given
continuously during not less than the last 100 feet traveled by the vehicle before turning.new text begin
A person whose vehicle is exiting a roundabout is exempt from this subdivision.
new text end
Sec. 20.
Minnesota Statutes 2010, section 169.222, subdivision 4, is amended to read:
Subd. 4.
Riding deleted text begin on roadway or shoulderdeleted text end new text begin rulesnew text end .
(a) Every person operating a
bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of
the roadway except under any of the following situations:
(1) when overtaking and passing another vehicle proceeding in the same direction;
(2) when preparing for a left turn at an intersection or into a private road or driveway;
(3) when reasonably necessary to avoid conditions, including fixed or moving
objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
it unsafe to continue along the right-hand curb or edge.
(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the
same direction as adjacent vehicular traffic.
(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic and, on a
laned roadway, shall ride within a single lane.
(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder
on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible
signal when necessary before overtaking and passing any pedestrian. No person shall ride
a bicycle upon a sidewalk within a business district unless permitted by local authorities.
Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk
under their jurisdiction.
(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
distance when overtaking a bicycle or individual proceeding in the same direction on the
bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.
(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or
shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian
under the same circumstances.
new text begin
(g) A person may operate an electric-assisted bicycle on the shoulder of a roadway,
on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015,
subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph
(b), as applicable.
new text end
Sec. 21.
Minnesota Statutes 2010, section 169.306, is amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) deleted text begin The commissioner of transportationdeleted text end new text begin A road authority, as defined in section
160.02, subdivision 25, new text end is authorized to permit deleted text begin the use bydeleted text end transit buses and Metro Mobility
buses new text begin use new text end of a shoulder, as designated by the deleted text begin commissionerdeleted text end new text begin road authoritynew text end , of a freeway or
expressway, as defined in section 160.02, in Minnesota.
(b) If deleted text begin the commissionerdeleted text end new text begin a road authority new text end permits the use of a freeway or expressway
shoulder by transit buses, the deleted text begin commissionerdeleted text end new text begin road authority new text end shall permit the use on that
shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
carrier of passengers, as defined in section 221.012, subdivision 26, while operating in
intrastate commerce or (2) providing regular route transit service, as defined in section
174.22, subdivision 8, or Metro Mobility services, and operated by or under contract
with the Metropolitan Council, a local transit authority, or a transit authority created by
the legislature. Drivers of these buses must have adequate training in the requirements of
paragraph (c), as determined by the commissioner.
(c) 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 hournew text begin , except
as provided for in paragraph (f)new text end . 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 hournew text begin , except as provided for in paragraph (f)new text end . 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.
(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:
(1) operated by or under contract with a public or private entity receiving financial
assistance to provide transit services from the Metropolitan Council or the commissioner
of transportation; and
(2) authorized by deleted text begin the commissionerdeleted text end new text begin a road authority new text end to use freeway or expressway
shoulders.
(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
new text begin
(f) The commissioner may authorize different operating conditions and maximum
speeds, not to exceed the posted speed limit, based upon an engineering study and
recommendation by the road authority. The engineering study must be conducted by the
road authority and must conform with the manual and specifications adopted under section
169.06, subdivision 1, and applicable state and federal standards. The road authority shall
consult the public transit operator before recommending operating conditions different
from those authorized by law.
new text end
Sec. 22.
Minnesota Statutes 2010, section 169.64, subdivision 2, is amended to read:
Subd. 2.
Colored light.
new text begin (a)new text end Unless otherwise authorized by the commissioner of
public safety, no vehicle shall be equipped, nor shall any person drive or move any vehicle
or equipment upon any highway with any lamp or device displaying a red light or any
colored light other than those required or permitted in this chapter.
new text begin
(b) A vehicle manufactured for use as an emergency vehicle may display and use
colored lights that are not otherwise required or permitted in this chapter, provided that
the vehicle is owned and operated according to section 168.10, is owned and operated
solely as a collector's item and not for general transportation purposes, and is registered
under section 168.10, subdivision 1a, 1b, 1c, 1d, 1g, or 1h. A person may not activate the
colored lights authorized under this paragraph on streets or highways except as part of
a parade or other special event.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:
Subd. 6.
Exceptions.
(a) This section does not apply to:
(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available;
(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituted;
(3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle;new text begin and
new text end
(4) a person while operating a school busdeleted text begin ; anddeleted text end new text begin that has a gross vehicle weight rating
of greater than 10,000 pounds.
new text end
deleted text begin
(5) a person while operating a type III vehicle described in section 169.011,
subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
title 49, part 571.
deleted text end
(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.
(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.
Sec. 24.
Minnesota Statutes 2010, section 169.685, subdivision 7, is amended to read:
Subd. 7.
Appropriation; special account; legislative report.
The Minnesota child
passenger restraint and education account is created in the state treasury, consisting of
fines collected under subdivision 5 and other money appropriated or donated. The money
in the account is annually appropriated to the commissioner of public safetydeleted text begin ,deleted text end to be used to
provide child passenger restraint systems to families in financial need deleted text begin anddeleted text end new text begin , school districts
and child care providers that provide for the transportation of pupils to and from school
using type III vehicles or school buses with a gross vehicle weight rating of 10,000 pounds
or less, and new text end to provide an educational program on the need for and proper use of child
passenger restraint systems. The commissioner shall report to the legislature by February
1 of each odd-numbered year on the commissioner's activities and expenditure of funds
under this section.
Sec. 25.
Minnesota Statutes 2010, 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 sections 169.823 to 169.829, 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 (1) on routes subject to the provisions
of sections 169.823 to 169.829, the weight on an axle exceeds the lawful gross weight
prescribed by sections 169.823 to 169.829, 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 sections 169.823 to 169.829, by 4,000 pounds or more;
or (2) 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) deleted text begin Ifdeleted text end new text begin The driver is not required to unload under paragraph (b) whennew text end the gross weight
of the vehicle does not exceednew text begin :
new text end
new text begin (1) the sum ofnew text end the vehicle's registered gross weight deleted text begin plusdeleted text end new text begin ,new text end the weight allowance set
forth in section 168.013, subdivision 3, paragraph (b), and deleted text begin plusdeleted text end , if applicable, the weight
allowance permitted under section 169.826deleted text begin , then the driver is not required to unload
under paragraph (b)deleted text end new text begin ; or
new text end
new text begin (2) the weight allowed by special permit issued under section 169.86 for a vehicle
that is operated in conformity with the limitations and conditions of the permitnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2012, and applies to
all registrations that are effective on or after that date and special permits issued on or
after that date.
new text end
Sec. 26.
Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read:
Subdivision 1.
Permit authorities; restrictions.
(a) The commissioner, with respect
to highways under the commissioner's jurisdiction, and local authorities, with respect to
highways under their jurisdiction, may, in their discretion, upon application in writing
and good cause being shown therefor, issue a special permit, in writing, authorizing the
applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this chapter, new text begin exceeding the gross weight for
which the vehicle is registered under chapter 168, new text end or otherwise not in conformity with the
provisions of this chapter, upon any highway under the jurisdiction of the party granting
such permit and for the maintenance of which such party is responsible.
(b) Permits relating to over-width, over-length manufactured homes shall not be
issued to persons other than manufactured home dealers or manufacturers for movement
of new units owned by the manufactured home dealer or manufacturer, until the person
has presented a statement from the county auditor and treasurer where the unit is presently
located, stating that all personal and real property taxes have been paid. Upon payment of
the most recent single year delinquent personal property or current year taxes only, the
county auditor or treasurer must issue a taxes paid statement to a manufactured home
dealer or a financial institution desiring to relocate a manufactured home that has been
repossessed. This statement must be dated within 30 days of the contemplated move. The
statement from the county auditor and treasurer where the unit is presently located, stating
that all personal and real property taxes have been paid, may be made by telephone. If
the statement is obtained by telephone, the permit shall contain the date and time of the
telephone call and the names of the persons in the auditor's office and treasurer's office
who verified that all personal and real property taxes had been paid.
(c) The commissioner may not grant a permit authorizing the movement, in a
three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that
the commissioner (1) may renew a permit that was granted before April 16, 1984, for the
movement of a semitrailer or trailer that exceeds the length limitation in section 169.81,
subdivision 2, or (2) may grant a permit authorizing the transportation of empty trailers
that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of
Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in
the state to the state border.
(d) The state as to state trunk highways, a statutory or home rule charter city as
to streets in the city, or a town as to roads in the town, may issue permits authorizing
the transportation of combinations of vehicles exceeding the limitations in section
169.81, subdivisions 2a and 3, over highways, streets, or roads within its boundaries.
Combinations of vehicles authorized by this paragraph may be restricted as to the use of
state trunk highways by the commissioner, to the use of streets by the city road authority,
and to the use of roads by the town road authority. Nothing in this paragraph or section
169.81, subdivisions 2a and 3, alters or changes the authority vested in local authorities
under section 169.04.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2012, and applies to
all registrations that are effective on or after that date and special permits issued on or
after that date.
new text end
Sec. 27.
Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
Subd. 4.
Display and inspection of permit.
deleted text begin Every suchdeleted text end new text begin Anew text end permit deleted text begin shalldeleted text end new text begin mustnew text end be
carried in the vehicle or combination of vehicles to which it refers and deleted text begin shalldeleted text end new text begin mustnew text end be open
to inspection by any deleted text begin policedeleted text end new text begin peacenew text end officer or authorized agent of any authority granting
deleted text begin suchdeleted text end new text begin thenew text end permitdeleted text begin , anddeleted text end new text begin . A permit may be carried in electronic format if it is easily read.new text end No
person shall violate any of the terms or conditions of deleted text begin suchdeleted text end new text begin anew text end special permit.
Sec. 28.
Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is
amended to read:
Subd. 5.
Fees; proceeds deposited; appropriation.
The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. All deleted text begin suchdeleted text end fees for permits issued by the commissioner of transportation deleted text begin shalldeleted text end new text begin
mustnew text end 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 deleted text begin shall bedeleted text end new text begin arenew text end :
(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 deleted text begin whichdeleted text end new text begin thatnew text end travel on interstate highways and carry loads
authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section
169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(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 and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling and transporting waterfront structures, including, but
not limited to, portable boat docks and boat lifts;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
(e) For vehicles deleted text begin whichdeleted text end new text begin thatnew text end have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, 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 weight limitations on axles |
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 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, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. 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 |
|
new text begin
145,001 new text end |
new text begin
- 155,000 new text end |
new text begin
$900 new text end |
If the gross weight of the vehicle is more than deleted text begin 145,000deleted text end new text begin 155,000new text end 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 169.828,
subdivision 2, 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) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:
(1) in fiscal years 2005 through 2010:
(i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
for costs related to administering the permit program and inspecting and posting bridges;
(ii) all remaining money in each fiscal year must be deposited in a bridge inspection
and signing account in the special revenue fund. Money in the account is appropriated
to the commissioner for:
(A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
(B) erection of weight-posting signs on local bridges; and
(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
Sec. 29.
Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Additional tax for excessive gross weight. new text end
new text begin
When a special permit is
issued under this chapter, the commissioner shall collect in addition to the permit fee an
additional tax for excessive gross weight, if the weight allowed under the permit is greater
than the gross weight for which the vehicle is registered under section 168.013. The
tax shall be calculated as the difference between the registration tax paid under section
168.013, subdivision 1e, and the additional tax that would be due under section 168.013,
subdivision 1e, at the gross weight allowed under the permit, prorated by the number of
days for which the permit is effective. Proceeds of the surcharge must be deposited in the
state treasury and credited to the highway user tax distribution fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective with the registration period beginning
October 1, 2012, and applies to all registrations that are effective on or after that date and
special permits issued on or after that date.
new text end
Sec. 30.
Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read:
Subd. 1b.
Speed.
new text begin
(a) For a citation issued before August 1, 2014, the uniform
traffic ticket must provide a blank or space wherein an officer who issues a citation for a
violation of a speed limit of 55 or 60 miles per hour must specify whether the speed was
greater than ten miles per hour in excess of the speed limit.
new text end
new text begin (b) For a citation issued on or after August 1, 2014, new text end the uniform traffic ticket must
provide a blank or space wherein an officer who issues a citation for a violation of a speed
limit of 55 or 60 miles per hour must specify whether the speed was greater than ten miles
per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in
excess of a 60 miles per hour speed limit.
Sec. 31.
Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read:
Subdivision 1.
Revocation periods for DWI convictions.
Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:
(1) new text begin not less than 30 days new text end for an offense under section 169A.20, subdivision 1
(driving while impaired crime)deleted text begin , not less than 30 daysdeleted text end ;
(2) new text begin not less than 90 days new text end for an offense under section 169A.20, subdivision 2 (refusal
to submit to chemical test crime)deleted text begin , not less than 90 daysdeleted text end ;
(3) new text begin not less than one year new text end fornew text begin :
new text end
new text begin (i) new text end an offense occurring within ten years of a qualified prior impaired driving
incidentdeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (ii) an offensenew text end occurring after two qualified prior impaired driving incidentsdeleted text begin , not
less than one year,deleted text end new text begin ;new text end or deleted text begin if
deleted text end
new text begin
(iii) an offense occurring when a person has an alcohol concentration of twice the
legal limit or more as measured at the time or within two hours of the time of the offense
and the person has no qualified prior impaired driving incident within ten years;
new text end
new text begin (4) not less than two years for an offense occurring under clause (3), item (i)
or (ii), and wherenew text end the test results indicate an alcohol concentration of twice the legal
limit or more, deleted text begin not less than two yearsdeleted text end and until the court has certified that treatment or
rehabilitation has been successfully completed where prescribed in accordance with
section 169A.70 (chemical use assessments);
deleted text begin (4)deleted text end new text begin (5) not less than three yearsnew text end for an offense occurring within ten years of the
first of two qualified prior impaired driving incidents or occurring after three qualified
prior impaired driving incidentsdeleted text begin , not less than three years, togetherdeleted text end new text begin and new text end with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner;new text begin and
new text end
deleted text begin (5)deleted text end new text begin (6) not less than four yearsnew text end for an offense occurring within ten years of the first of
three qualified prior impaired driving incidentsdeleted text begin , not less than four years, togetherdeleted text end new text begin andnew text end with
denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
according to standards established by the commissioner; or
deleted text begin (6)deleted text end new text begin (7) not less than six yearsnew text end for an offense occurring after four or more qualified
prior impaired driving incidentsdeleted text begin , not less than six years, togetherdeleted text end new text begin andnew text end with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 32.
Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
Subd. 6.
Applicability of implied consent revocation.
(a) Any person whose
license has been revoked pursuant to section 169A.52 (license revocation for test failure
or refusal) as the result of the same incident, and who does not have a qualified prior
impaired driving incident, is subject to the mandatory revocation provisions of subdivision
1, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52.
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked under subdivision 2 (driving while
impaired by person under age 21); or
(2) a person whose driver's license has been revoked for, or who is charged withdeleted text begin ,deleted text end new text begin
(i) an alcohol concentration of twice the legal limit or more as measured at the time or
within two hours of the time of the offense; or (ii) new text end a violation of section 169A.20 (driving
while impaired) with an aggravating factor described in section 169A.03, subdivision
3, clause deleted text begin (2) ordeleted text end (3).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 33.
Minnesota Statutes 2010, section 171.03, is amended to read:
171.03 PERSONS EXEMPT.
The following persons are exempt from license hereunder:
(a) A person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the United
States federal government.
(b) A person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C commercial
driver's license while driving or operating for military purposes a commercial motor
vehicle for the United States federal government if the person is:
(1) on active duty in the U. S. Coast Guard;
(2) on active duty in a branch of the U. S. armed forces, which includes the Army,
Air Force, Navy, and Marine Corps;
(3) a member of a reserve component of the U. S. armed forces; or
(4) on active duty in the Army National Guard or Air National Guard, which
includes (i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military technician, who is a
civilian required to wear a military uniform.
The exemption provided under this paragraph does not apply to a U. S. armed forces
reserve technician.
(c) Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7, are not implements of husbandry.
(d) A nonresident who is at least 15 years of age and who has in immediate
possession a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.
(e) A nonresident who has in immediate possession a valid commercial driver's
license issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
(f) Any nonresident who is at least 18 years of age, whose home state or country does
not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
period of not more than 90 days in any calendar year, if the motor vehicle so operated is
duly registered for the current calendar year in the home state or country of the nonresident.
(g) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid driver's license issued to the person under and pursuant to the laws of
some other state or jurisdiction or by military authorities of the United States may operate
a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
a resident of this state, without being required to have a Minnesota driver's license as
provided in this chapter.
(h) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or jurisdiction in
accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
for not more than 30 days after becoming a resident of this state.
(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.
new text begin
(j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a),
is exempt while operating a railroad locomotive or train, or on-track equipment while
being operated upon rails. This exemption includes operation while crossing a street or
highway, whether public or private.
new text end
Sec. 34.
Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
Subd. 4.
Fee; equipment.
(a) The agent may charge and retain a filing fee of $5 for
each application. Except as provided in paragraph deleted text begin (b)deleted text end new text begin (c)new text end , the fee shall cover all expenses
involved in receiving, accepting, or forwarding to the department the applications and
fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and
171.07, subdivisions 3 and 3a.
new text begin
(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid
by credit card or debit card. The driver's license agent may collect a convenience fee on
the statutory fees and filing fees not greater than the cost of processing a credit card or
debit card transaction. The convenience fee must be used to pay the cost of processing
credit card and debit card transactions. The commissioner shall adopt rules to administer
this paragraph using the exempt procedures of section 14.386, except that section 14.386,
paragraph (b), does not apply.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The department shall maintain the photo identification equipment for all
agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
discontinuance of an existing agent, and if a new agent is appointed in an existing office
pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
Rules, part 7404.0400, the department shall provide and maintain photo identification
equipment without additional cost to a newly appointed agent in that office if the office
was provided the equipment by the department before January 1, 2000. All photo
identification equipment must be compatible with standards established by the department.
deleted text begin (c)deleted text end new text begin (d)new text end A filing fee retained by the agent employed by a county board must be paid
into the county treasury and credited to the general revenue fund of the county. An
agent who is not an employee of the county shall retain the filing fee in lieu of county
employment or salary and is considered an independent contractor for pension purposes,
coverage under the Minnesota State Retirement System, or membership in the Public
Employees Retirement Association.
deleted text begin (d)deleted text end new text begin (e)new text end Before the end of the first working day following the final day of the
reporting period established by the department, the agent must forward to the department
all applications and fees collected during the reporting period except as provided in
paragraph deleted text begin (c)deleted text end new text begin (d)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 35.
Minnesota Statutes 2010, section 171.12, subdivision 6, is amended to read:
Subd. 6.
Certain convictions not recorded.
(a) Except as provided in paragraph deleted text begin (b)deleted text end new text begin
(c)new text end , the department shall not keep on the record of a driver any conviction for a violation
of a speed limit of 55 deleted text begin or 60deleted text end miles per hour unless the violation consisted of a speed greater
than ten miles per hour in excess of deleted text begin a 55 miles per hourdeleted text end new text begin thenew text end speed limitdeleted text begin , or more than five
miles per hour in excess of a 60 miles per hour speed limitdeleted text end .
(b) new text begin Except as provided in paragraph (c), the department shall not keep on the record
of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the
violation consisted of a speed greater than:
new text end
new text begin
(1) ten miles per hour in excess of the speed limit, for any violation occurring on or
after August 1, 2012, and before August 1, 2014; or
new text end
new text begin
(2) five miles per hour in excess of the speed limit, for any violation occurring on
or after August 1, 2014.
new text end
new text begin (c) new text end This subdivision does not apply to (1) a violation that occurs in a commercial
motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
driver's license, without regard to whether the violation was committed in a commercial
motor vehicle or another vehicle.
Sec. 36.
Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
Subdivision 1.
Conditions of issuance.
(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:
(1) suspended under section 171.18, 171.173, or 171.186;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);
(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;
(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
(iv) 171.17; or
(v) 171.172; or
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;
(ii) subdivision 1, clause (2);
(iii) subdivision 1, clause deleted text begin (4),deleted text end (5), deleted text begin ordeleted text end (6), new text begin or (7), new text end if in compliance with section
171.306; or
(iv) subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or
(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 37.
Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
Subd. 4.
Issuance of restricted license.
(a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance coverage, and may
require the insurance identification card provided be certified by the insurance company to
be noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.
(c) A program participant whose driver's license has been revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), deleted text begin ordeleted text end (3)new text begin , or (4)new text end ,
may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction.
(d) A program participant whose driver's license has been revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
clause deleted text begin (4),deleted text end (5), deleted text begin ordeleted text end (6)new text begin , or (7)new text end , may apply for a limited license, subject to the ignition
interlock restriction, if the program participant is enrolled in a licensed chemical
dependency treatment or rehabilitation program as recommended in a chemical use
assessment, and if the participant meets the other applicable requirements of section
171.30. After completing a licensed chemical dependency treatment or rehabilitation
program and one year of limited license use without violating the ignition interlock
restriction, the conditions of limited license use, or program guidelines, the participant
may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction. If the program participant's ignition interlock device subsequently
registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
cancel the driver's license, and the program participant may apply for another limited
license according to this paragraph.
(e) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding 90 days.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 38.
Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Pilot transportation project; alternative financing and investment. new text end
new text begin
(a)
The commissioner may select one pilot transportation project on the trunk highway system
to implement the authority granted in this subdivision. In connection with the pilot project,
the commissioner may enter into agreements with governmental or nongovernmental
entities, including private and nonprofit entities, to finance or invest in the transportation
project, including repayment agreements. An agreement under this subdivision is subject
to (1) the availability of state money or other dedicated revenue or resources; and (2) the
approval of the commissioner of management and budget.
new text end
new text begin
(b) The commissioner shall submit to the chairs and ranking minority members of
the house of representatives and senate committees having jurisdiction over transportation
policy and finance a report detailing agreements executed under this subdivision. The
listing must identify each agreement, the contracting entities, the contract amounts and
duration, and any repayment requirements. The listing may be submitted electronically,
and is subject to section 3.195, subdivision 1.
new text end
new text begin
(c) The pilot project is subject to transportation planning, programming, and
procurement requirements. Use of this subdivision must not result in the delay of any
project programmed in the statewide transportation improvement program.
new text end
new text begin
(d) This subdivision does not preempt any other statute or provide new toll facility
authority or design-build contracting authority.
new text end
new text begin
(e) Any repayment agreement under this subdivision must comply with all applicable
debt and other financial policies and requirements.
new text end
Sec. 39.
Minnesota Statutes 2010, section 174.56, is amended to read:
174.56 REPORT ON MAJOR HIGHWAY PROJECTSnew text begin AND TRUNK
HIGHWAY FUND EXPENDITURESnew text end .
Subdivision 1.
Report required.
new text begin (a) new text end The commissioner of transportation shall
submit a report deleted text begin on January 15, 2009, and on Januarydeleted text end new text begin by December new text end 15 of each year
deleted text begin thereafterdeleted text end , onnew text begin (1) new text end the status of major highway projects new text begin completed during the previous two
years or new text end under construction or planned during the year of the report and for the ensuing 15
yearsnew text begin ; and (2) trunk highway fund expendituresnew text end .
new text begin (b)new text end For purposes of this section, a "major highway project" is a highway project that
has a total cost for all segments that the commissioner estimates at the time of the report to
be at least (1) deleted text begin $25,000,000deleted text end new text begin $15,000,000 new text end in the metropolitan highway construction district,
or (2) deleted text begin $10,000,000deleted text end new text begin $5,000,000 new text end in any nonmetropolitan highway construction district.
Subd. 2.
Report contentsnew text begin ; major highway projectsnew text end .
For each major highway
project the report must include:
(1) a description of the project sufficient to specify its scope and location;
(2) a history of the project, including, but not limited to, previous official actions
by the department or the appropriate area transportation partnership, or both, the date on
which the project was first included in the state transportation improvement plan, the cost
of the project at that time, new text begin the planning estimate for the project, the engineer's estimate, the
award price, the final cost as of six months after substantial completion, including any
supplemental agreements and cost overruns or cost savings, new text end the dates of environmental
approval, the dates of municipal approval, the date of final geometric layout, and the date
of establishment of any construction limits;
(3) the project's priority listing or rank within its construction district, if any, as
well as the reasons for that listing or rank, the criteria used in prioritization or rank, any
changes in that prioritization or rank since the project was first included in a department
work plan, and the reasons for those changes; deleted text begin and
deleted text end
(4) past and potential future reasons for delay in letting or completing the projectnew text begin ,
details of all project cost changes that exceed $500,000, and specific modifications to the
overall program that are made as a result of delays and project cost changes;
new text end
new text begin
(5) two representative trunk highway construction projects, one each from the
department's metropolitan district and from greater Minnesota, and for each project report
the cost of environmental mitigation and compliance; and
new text end
new text begin (6) the annual budget for products and services for each Department of
Transportation district and office, with comparison to actual spending and including
measures of productivity for the previous fiscal yearnew text end .
new text begin Subd. 2a. new text end
new text begin Report contents; trunk highway fund expenditures. new text end
new text begin
The commissioner
shall include in the report information on the total expenditures from the trunk highway
fund during the previous fiscal year, for each Department of Transportation district, in
the following categories: road construction; planning; design and engineering; labor;
compliance with environmental regulations; administration; acquisition of right-of-way,
including costs for attorney fees and other compensation for property owners; litigation
costs, including payment of claims, settlements, and judgments; maintenance; and road
operations.
new text end
Subd. 3.
Department resources.
The commissioner shall prepare and submit the
report with existing department staff and resources.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2012, except that (1) the
changes in subdivision 2, clause (2), apply to projects that are substantially completed
on or after July 1, 2012; and (2) subdivision 2, clause (6), is effective beginning with the
report due by December 15, 2013.
new text end
Sec. 40.
Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to
read:
Subd. 3a.
Waiver for other medical condition.
(a) The commissioner may grant
a waiver to a person who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
this subdivision applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be
operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive
under the waiver that are designed to accommodate the applicant's medical condition or
disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's certificate showing that the applicant is medically
unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course
of treatment prescribed by the physician, including the ability to self-monitor or manage
the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not
adversely affect the applicant's ability to operate a motor vehicle safely; and
(10) any other information considered necessary by the commissioner including
requiring a physical examination or medical report from a physician who specializes
in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose
conditions the commissioner considers necessary to ensure that an applicant is able to
operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from
the person's treating physician, or a medical specialist if the commissioner so requires in
the waiver, that contain the information described in paragraph (b), clause (9), together
with a description of any episode that involved the person's loss of consciousness or loss
of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.
(e) The commissioner shall deny an application if, during the three years preceding
the application:
(1) the applicant's driver's license has been suspended under section 171.18,
paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
under section 171.17, 171.172, or 171.174; deleted text begin or
deleted text end
new text begin
(2) the applicant has been convicted of a violation under section 171.24; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the applicant has been convicted of a disqualifying offense, as defined in
Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
by reference.
(f) The commissioner may deny an application or may immediately revoke a
waiver granted under this subdivision. Notice of the commissioner's reasons for denying
an application or for revoking a waiver must be in writing and must be mailed to
the applicant's or waiver holder's last known address by certified mail, return receipt
requested. A person whose application is denied or whose waiver is revoked is entitled to
a hearing under chapter 14.
(g) A waiver granted under this subdivision expires on the date of expiration shown
on the medical examiner's certificate described in paragraph (b), clause (8).
Sec. 41.
Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read:
Subd. 4.
Contract.
The commissioner may negotiate and enter into contracts for the
purpose of rail service improvement and may incorporate funds available from the federal
deleted text begin rail service continuation programdeleted text end new text begin governmentnew text end . The participants in these contracts shall be
railroads, rail usersnew text begin ,new text end and the department, and may be political subdivisions of the state and
the federal government. In such contracts, participation by all parties shall be voluntary.
The commissioner may provide a portion of the money required to carry out the terms of
any such contract by expenditure from the rail service improvement account.
Sec. 42.
Minnesota Statutes 2010, section 222.51, is amended to read:
222.51 PARTICIPATION BY POLITICAL SUBDIVISION.
The governing body of any political subdivision of the state maynew text begin ,new text end with the approval
of the commissionernew text begin ,new text end appropriate money for rail service improvement and may participate
in the state rail service improvement program and deleted text begin thedeleted text end federal rail deleted text begin service continuation
programdeleted text end new text begin programsnew text end .
Sec. 43.
Minnesota Statutes 2010, section 222.53, is amended to read:
222.53 ACCEPTANCE OF FEDERAL MONEY.
The commissioner may exercise those powers necessary for the state to qualify
for, accept, and disburse any federal money deleted text begin that may be made available pursuant to the
provisions of the federal rail service continuation programdeleted text end , including the power to:
(1) establish an adequate plan for rail service in the state as part of an overall
planning process for all transportation services in the state, including a suitable process for
updating, revising, and amending the plan;
(2) administer and coordinate the plan with other state agencies, and provide for the
equitable distribution of resources;
(3) develop, promote, and support safe, adequate, and efficient rail transportation
services; employ qualified personnel; maintain adequate programs of investigation,
research, promotion, and development, with provisions for public participation; and take
all practical steps to improve transportation safety and reduce transportation-related
energy utilization and pollution;
(4) adopt and maintain adequate procedures for financial control, accounting, and
performance evaluation in order to assure proper use of state and federal money;new text begin and
new text end
(5) do all things otherwise necessary to maximize federal assistance to the state
deleted text begin under the federal rail service continuation programdeleted text end .
Sec. 44.
Minnesota Statutes 2010, section 574.26, subdivision 1a, is amended to read:
Subd. 1a.
Exemptions: certain manufacturers; commissioner of transportationnew text begin ;
road maintenancenew text end .
(a) Sections 574.26 to 574.32 do not apply to a manufacturer of
public transit buses that manufactures at least 100 public transit buses in a calendar year.
For purposes of this section, "public transit bus" means a motor vehicle designed to
transport people, with a design capacity for carrying more than 40 passengers, including
the driver. The term "public transit bus" does not include a school bus, as defined in
section 169.011, subdivision 71.
(b) At the discretion of the commissioner of transportation, sections 574.26 to
574.32 do not apply to any projects of the Department of Transportation (1) costing less
than deleted text begin $75,000deleted text end new text begin the amount in section 471.345, subdivision 3new text end , or (2) involving the permanent
or semipermanent installation of heavy machinery, fixtures, or other capital equipment to
be used primarily for maintenance or repair.
new text begin
(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice
removal, grading, or other similar routine road maintenance on town roads.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45.
Minnesota Statutes 2010, section 574.26, subdivision 2, is amended to read:
Subd. 2.
Terms.
Except as provided in sections 574.263 and 574.264 or if the
amount of the contract is deleted text begin $75,000 or deleted text end lessnew text begin than the amount in section 471.345, subdivision
3new text end , a contract with a public body for the doing of any public work is not valid unless the
contractor gives (1) a performance bond to the public body with whom the contractor
entered into the contract, for the use and benefit of the public body to complete the
contract according to its terms, and conditioned on saving the public body harmless from
all costs and charges that may accrue on account of completing the specified work, and
(2) a payment bond for the use and benefit of all persons furnishing labor and materials
engaged under, or to perform the contract, conditioned for the payment, as they become
due, of all just claims for the labor and materials. Reasonable attorneys' fees, costs, and
disbursements may be awarded in an action to enforce claims under the act if the action is
successfully maintained or successfully appealed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46. new text begin VARIANCE; SEAPLANE BASE.
new text end
new text begin
The commissioner of transportation shall grant a variance for Elbow Lake
Municipal-Pride of the Prairie Airport, airport code Y63, to be licensed as a public
seaplane base on Flekkefjord Lake. The commissioner shall establish conditions or
limitations as may be necessary.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 47. new text begin PAYNESVILLE AIRPORT.
new text end
new text begin
(a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner of
transportation may enter into an agreement with the city of Paynesville to allow funds
granted by the state to the city for land acquisition purposes for the marked Trunk
Highway 23 bypass project to instead be used by June 30, 2015, as the state's share of
funds for airport improvements and other aeronautical purposes at the city's airport.
new text end
new text begin
(b) Funds not spent pursuant to paragraph (a) by June 30, 2015, must be paid to the
commissioner of transportation and deposited in the state airports fund.
new text end
Sec. 48. new text begin ADDITIONS TO REPORTS ON MAJOR HIGHWAY PROJECTS AND
TRUNK HIGHWAY FUND EXPENDITURES.
new text end
new text begin
For 2013 and 2014 reports required under Minnesota Statutes, section 174.56, the
commissioner of transportation shall include the results of evaluations of management
systems currently used by the Department of Transportation. The evaluations must specify
the extent to which the management of data in these systems is consistent with existing
policies and the need for statewide, reliable, and verifiable information. The evaluations
must be performed either by the department's office of internal audit or by an independent
external auditor. The 2013 report must include the evaluation of construction management
systems and the program and project management system. The 2014 report must include
the evaluation of pavement management systems and bridge management systems.
new text end
Sec. 49. new text begin LEGISLATIVE REPORT ON SPEED VIOLATIONS ON DRIVING
RECORD.
new text end
new text begin
By January 15, 2015, the commissioners of transportation and public safety shall
jointly submit a report on recording speed limit violations on a person's driver record to the
chairs and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance. The report must include analysis based on empirical
data of impacts on public safety, frequency of speeding, crash rates, travel time efficiency,
travel time reliability, and data privacy that are directly or reasonably attributable to the
change to Minnesota Statutes, section 171.12, subdivision 6, made by this act.
new text end
Sec. 50. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2010, sections 161.08, subdivision 2; 168.012, subdivision
1b; and 222.48, subdivision 3a,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2010, section 169A.54, subdivision 5,
new text end
new text begin
is repealed effective
July 1, 2012.
new text end
Sec. 51. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise specified, this article is effective August 1, 2012.
new text end