HF 2807

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to transportation; modifying or adding provisions relating to
1.3transportation construction impacts on business, rest areas, highways, bridges,
1.4deputy registrars, vehicles, impounds, towing, intersection gridlock, bus
1.5operation, various traffic regulations, cargo tank vehicle weight exemptions,
1.6transportation department goals and mission, a Minnesota Council of
1.7Transportation Access, a Commuter Rail Corridor Coordinating Committee,
1.8railroad track safety, motor carriers of railroad employees, airport authorities,
1.9property acquisition for highways, transit, and town road interest extinguishment
1.10nullification; requiring a report; making technical and clarifying changes;
1.11amending Minnesota Statutes 2008, sections 161.14, by adding subdivisions;
1.12165.14, subdivisions 4, 5; 168.33, subdivision 2; 168B.06, subdivision 1;
1.13168B.07, subdivision 3; 169.041, subdivision 5; 169.15; 169.306; 169.87,
1.14by adding a subdivision; 174.01, subdivisions 1, 2; 174.02, subdivision 1a;
1.15174.86, subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision;
1.16360.061, subdivision 3; 473.167, subdivision 2a; 473.411, subdivision 5; 514.18,
1.17subdivision 1a; Minnesota Statutes 2009 Supplement, sections 160.165; 161.14,
1.18subdivision 62; 169.71, subdivision 1; 169.865, subdivision 1; Laws 2008,
1.19chapter 287, article 1, section 122; proposing coding for new law in Minnesota
1.20Statutes, chapters 160; 174; 221; repealing Minnesota Statutes 2008, sections
1.2113.721, subdivision 4; 169.041, subdivisions 3, 4; 221.0355, subdivisions 1, 2,
1.223, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18.
1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24    Section 1. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:
1.25160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
1.26ON BUSINESS.
1.27    Subdivision 1. Definitions. For the purposes of this section, the following terms
1.28have the meanings given:
1.29(1) "project" means construction work to maintain, construct, reconstruct, or
1.30improve a street or highway or for a rail transit project;
2.1(2) "substantial business impacts" means impairment of road access, parking, or
2.2visibility for one or more business establishments as a result of a project, for a minimum
2.3period of one month; and
2.4(3) "transportation authority" means the commissioner, as to trunk highways; the
2.5county board, as to county state-aid highways and county highways; the town board, as to
2.6town roads; and statutory or home rule charter cities, as to city streets; the Metropolitan
2.7Council, for rail transit projects located entirely within the metropolitan area as defined in
2.8section 473.121, subdivision 2; and the commissioner, for all other rail transit projects.
2.9    Subd. 2. Business liaison. (a) Before beginning construction work on a project,
2.10a transportation authority shall identify whether the project is anticipated to include
2.11substantial business impacts. For such projects, the transportation authority shall designate
2.12an individual to serve as business liaison between the transportation authority and affected
2.13businesses.
2.14(b) The business liaison shall consult with affected businesses before and
2.15during construction to investigate means of mitigating project impacts to businesses.
2.16The mitigation considered must include signage. The business liaison shall provide
2.17information to the identified businesses before and during construction, concerning project
2.18duration and timetables, lane and road closures, detours, access impacts, customer parking
2.19impacts, visibility, noise, dust, vibration, and public participation opportunities.
2.20    Subd. 3. Exception. This section does not apply to construction work in connection
2.21with the Central Corridor light rail transit line that will connect downtown Minneapolis
2.22and downtown St. Paul.
2.23EFFECTIVE DATE.Subdivision 1 is effective July 1, 2012. Subdivision 3 is
2.24effective July 1, 2010.

2.25    Sec. 2. [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.
2.26    Subdivision 1. Prohibited activities. It is unlawful at rest areas to:
2.27(1) dispose of travel-related trash and rubbish, except if depositing it in a designated
2.28receptacle;
2.29(2) dump household or commercial trash and rubbish into containers or anywhere
2.30else on site;
2.31(3) drain or dump refuse or waste from any trailer, recreational vehicle, or other
2.32vehicle except where receptacles are provided and designated to receive the refuse or
2.33waste;
2.34(4) stop and park continuously for a period in excess of six hours, except for:
2.35(i) commercial motor vehicle operators as provided for under section 160.2721; and
3.1(ii) employees on duty at the rest area;
3.2(5) pitch tents or sleep overnight outside a vehicle; or
3.3(6) allow a motor vehicle to remain unattended when no member of a party or group
3.4traveling in association with the motor vehicle or trailer is present at the rest area.
3.5    Subd. 2. Penalty. Violation of this section is a petty misdemeanor.
3.6EFFECTIVE DATE.This section is effective August 1, 2010, and applies to acts
3.7committed on or after that date.

3.8    Sec. 3. Minnesota Statutes 2009 Supplement, section 161.14, subdivision 62, is
3.9amended to read:
3.10    Subd. 62. Clearwater County Veterans Memorial Highway. (a) The following
3.11described route is designated the "Clearwater County Veterans Memorial Highway": that
3.12portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk Highway 200,
3.13from its intersection with Clearwater County State-Aid Highway 37 39 to its intersection
3.14with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that
3.15portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5.
3.16(b) The commissioner shall adopt a suitable marking design to mark this highway
3.17and erect appropriate signs, subject to section 161.139.

3.18    Sec. 4. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
3.19to read:
3.20    Subd. 64. Veterans Memorial Highway. Legislative Route No. 31, signed as
3.21Trunk Highway 200 as of the effective date of this section, from the border with North
3.22Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The
3.23commissioner shall adopt a suitable design to mark this highway and erect appropriate
3.24signs, subject to section 161.139.

3.25    Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
3.26to read:
3.27    Subd. 65. Becker County Veterans Memorial Highway. Marked Trunk Highway
3.2834, from its intersection with Washington Avenue in Detroit Lakes to its intersection with
3.29County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection
3.30with County State-Aid Highway 33 to its intersection with County State-Aid Highway
3.3139, is named and designated the "Becker County Veterans Memorial Highway." Subject
3.32to section 161.139, the commissioner shall adopt a suitable marking design to mark this
3.33highway and erect appropriate signs.

4.1    Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
4.2to read:
4.3    Subd. 66. Granite City Crossing. The bridge over the Mississippi River on marked
4.4Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner
4.5of transportation shall adopt a suitable design to mark this bridge and erect appropriate
4.6signs, subject to section 161.139.

4.7    Sec. 7. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
4.8    Subd. 4. Prioritization of bridge projects. (a) The commissioner shall classify all
4.9bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
4.10the commissioner identifies a reason for proceeding otherwise, before commencing bridge
4.11projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
4.12be selected and funded in the approved state transportation improvement program, at
4.13any stage in the project development process, solicited for bids, in contract negotiation,
4.14under construction, or completed.
4.15    (b) The classification of each tier is as follows:
4.16    (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
4.17count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
4.18identified by the commissioner as a priority project;
4.19    (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
4.20fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
4.21    (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
4.22    (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
4.23must be under contract for repair or replacement with a new bridge that contains a
4.24load-path-redundant design, except that a specific bridge may remain in continued service
4.25if the reasons are documented in the report required under subdivision 5.
4.26    (d) All bridge projects funded under this section in fiscal year 2012 or later must
4.27include bicycle and pedestrian accommodations if both sides of the bridge are located in a
4.28city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
4.29Bicycle and pedestrian accommodations would not be required if:
4.30(1) a comprehensive assessment demonstrates that there is an absence of need for
4.31bicycle and pedestrian accommodations for the life of the bridge; or
4.32(2) there is a reasonable alternative bicycle and pedestrian crossing within
4.33one-quarter mile of the bridge project.
4.34All bicycle and pedestrian accommodations should enable a connection to any existing
4.35bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian
5.1facilities must meet or exceed federal accessibility requirements as outlined in Title II of
5.2the Americans with Disabilities Act, codified in United States Code, title 42, chapter
5.3126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United
5.4States Code, title 29, section 794.
5.5(e) The commissioner shall establish criteria for determining the priority of bridge
5.6projects within each tier, and must include safety considerations as a criterion.
5.7EFFECTIVE DATE.This section is effective July 1, 2010.

5.8    Sec. 8. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
5.9    Subd. 5. Statewide transportation planning report. In conjunction with each
5.10update to the Minnesota statewide transportation plan, or at least every six years, the
5.11commissioner shall submit a report to the chairs and ranking minority members of the
5.12house of representatives and senate committees with jurisdiction over transportation
5.13finance. The report must include:
5.14    (1) an explanation of the criteria and decision-making processes used to prioritize
5.15bridge projects;
5.16    (2) a historical and projected analysis of the extent to which all trunk highway
5.17bridges meet bridge performance targets and comply with the accessibility requirements
5.18of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336;
5.19    (3) a summary of bridge projects (i) completed in the previous six years or since the
5.20last update to the Minnesota statewide transportation plan, and (ii) currently in progress
5.21under the program;
5.22    (4) a summary of bridge projects scheduled in the next four fiscal years and included
5.23in the state transportation improvement program;
5.24    (5) a projection of annual needs over the next 20 years;
5.25    (6) a calculation of funding necessary to meet the completion date under subdivision
5.264, paragraph (c), compared to the total amount of bridge-related funding available; and
5.27    (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
5.28explanation of the reasons for repair instead of replacement.

5.29    Sec. 9. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
5.30    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause
5.31discontinue, a deputy registrar for any statutory or home rule charter city as the public
5.32interest and convenience may require, without regard to whether the county auditor of
5.33the county in which the city is situated has been appointed as the deputy registrar for the
5.34county or has been discontinued as the deputy registrar for the county, and without regard
6.1to whether the county in which the city is situated has established a county license bureau
6.2that issues motor vehicle licenses as provided in section 373.32.
6.3(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
6.4for any statutory or home rule charter city as the public interest and convenience may
6.5require, if the auditor for the county in which the city is situated chooses not to accept
6.6appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
6.7or if the county in which the city is situated has not established a county license bureau
6.8that issues motor vehicle licenses as provided in section 373.32. The individual appointed
6.9by the commissioner as a deputy registrar for any statutory or home rule charter city must
6.10be a resident of the county in which the city is situated.
6.11(c) The commissioner may appoint, and for cause discontinue, the county auditor of
6.12each county as a deputy registrar.
6.13(d) Despite any other provision, a person other than a county auditor or a director
6.14of a county license bureau, who was appointed by the registrar before August 1, 1976,
6.15as a deputy registrar for any statutory or home rule charter city, may continue to serve
6.16as deputy registrar and may be discontinued for cause only by the commissioner. The
6.17county auditor who appointed the deputy registrars is responsible for the acts of deputy
6.18registrars appointed by the auditor.
6.19(e) Each deputy, before entering upon the discharge of duties, shall take and
6.20subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
6.21(f) If a deputy registrar appointed under this subdivision is not an officer or employee
6.22of a county or statutory or home rule charter city, the deputy shall in addition give bond to
6.23the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
6.24conditioned upon the faithful discharge of duties as deputy registrar.
6.25(g) Until January 1, 2012, A corporation governed by chapter 302A or 317A
6.26may be appointed a deputy registrar. Upon application by an individual serving as a
6.27deputy registrar and the giving of the requisite bond as provided in this subdivision,
6.28personally assured by the individual or another individual approved by the commissioner,
6.29a corporation named in an application then becomes the duly appointed and qualified
6.30successor to the deputy registrar. The appointment of any corporation as a deputy registrar
6.31expires January 1, 2012. The commissioner shall appoint an individual as successor to
6.32the corporation as a deputy registrar. The commissioner shall appoint as the successor
6.33agent to a corporation whose appointment expires under this paragraph an officer of the
6.34corporation if the officer applies for appointment before July 1, 2012.
7.1(h) Each deputy registrar appointed under this subdivision shall keep and maintain
7.2office locations approved by the commissioner for the registration of vehicles and the
7.3collection of taxes and fees on vehicles.
7.4(i) The deputy registrar shall keep records and make reports to the commissioner as
7.5the commissioner requires. The records must be maintained at the offices of the deputy
7.6registrar. The records and offices of the deputy registrar must at all times be open to the
7.7inspection of the commissioner or the commissioner's agents. The deputy registrar shall
7.8report to the commissioner by the next working day following receipt all registrations
7.9made and taxes and fees collected by the deputy registrar.
7.10(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
7.11the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
7.12but the registration tax and any additional fees for delayed registration the deputy registrar
7.13has collected the deputy registrar shall deposit by the next working day following receipt
7.14in an approved state depository to the credit of the state through the commissioner of
7.15management and budget. The place for which the deputy registrar is appointed through its
7.16governing body must provide the deputy registrar with facilities and personnel to carry out
7.17the duties imposed by this subdivision if the deputy is a public official. In all other cases,
7.18the deputy shall maintain a suitable facility for serving the public.

7.19    Sec. 10. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
7.20    Subdivision 1. Written notice of impound. (a) When an impounded vehicle is
7.21taken into custody, the unit of government or impound lot operator taking it into custody
7.22shall give written notice of the taking within five days to the registered vehicle owner
7.23and any lienholders.
7.24    (b) The notice must:
7.25    (1) set forth the date and place of the taking;
7.26    (2) provide the year, make, model, and serial number of the impounded motor
7.27vehicle, if such information can be reasonably obtained, and the place where the vehicle
7.28is being held;
7.29    (3) inform the owner and any lienholders of their right to reclaim the vehicle under
7.30section 168B.07;
7.31    (4) state that failure of the owner or lienholders to:
7.32    (i) exercise their right to reclaim the vehicle within the appropriate time allowed
7.33under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in
7.34section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest
8.1in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
8.2pursuant to section 168B.08; or
8.3    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
8.4time allowed and under the conditions set forth in section 168B.07, subdivision 3,
8.5constitutes a waiver by them of all right, title, and interest in the contents and consent to
8.6sell or dispose of the contents under section 168B.08; and
8.7    (5) state that a vehicle owner who provides to the impound lot operator
8.8documentation from a government or nonprofit agency or legal aid office that the owner
8.9is homeless, receives relief based on need, or is eligible for legal aid services, or has a
8.10household income at or below 50 percent of state median income has the unencumbered
8.11right to retrieve any and all contents without charge.

8.12    Sec. 11. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
8.13    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:
8.14    (1) "contents" does not include any permanently affixed mechanical or
8.15nonmechanical automobile parts; automobile body parts; or automobile accessories,
8.16including audio or video players; and
8.17    (2) "relief based on need" includes, but is not limited to, receipt of MFIP
8.18and Diversionary Work Program, medical assistance, general assistance, general
8.19assistance medical care, emergency general assistance, Minnesota supplemental aid,
8.20MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
8.21assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
8.22working family tax credit.
8.23    (b) A unit of government or impound lot operator shall establish reasonable
8.24procedures for retrieval of vehicle contents, and may establish reasonable procedures to
8.25protect the safety and security of the impound lot and its personnel.
8.26    (c) At any time before the expiration of the waiting periods provided in section
8.27168B.051 , a registered owner who provides documentation from a government or
8.28nonprofit agency or legal aid office that the registered owner is homeless, receives relief
8.29based on need, or is eligible for legal aid services, or has a household income at or below
8.3050 percent of state median income has the unencumbered right to retrieve any and all
8.31contents without charge and regardless of whether the registered owner pays incurred
8.32charges or fees, transfers title, or reclaims the vehicle.

8.33    Sec. 12. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
9.1    Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, (a) A
9.2towing authority may not tow a motor vehicle because:
9.3(1) the vehicle has expired registration tabs that have been expired for less than
9.490 days; or
9.5(2) the vehicle is at a parking meter on which the time has expired and the vehicle
9.6has fewer than five unpaid parking tickets.
9.7(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
9.8(1) the vehicle is parked in violation of snow emergency regulations;
9.9(2) the vehicle is parked in a rush-hour restricted parking area;
9.10(3) the vehicle is blocking a driveway, alley, or fire hydrant;
9.11(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking
9.12is prohibited;
9.13(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the
9.14stop sign;
9.15(6) the vehicle is parked in a disability transfer zone or disability parking space
9.16without a disability parking certificate or disability license plates;
9.17(7) the vehicle is parked in an area that has been posted for temporary restricted
9.18parking (A) at least 12 hours in advance in a home rule charter or statutory city having
9.19a population under 50,000, or (B) at least 24 hours in advance in another political
9.20subdivision;
9.21(8) the vehicle is parked within the right-of-way of a controlled-access highway or
9.22within the traveled portion of a public street when travel is allowed there;
9.23(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to
9.24use by fire, police, public safety, or emergency vehicles;
9.25(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul
9.26International Airport owned by the Metropolitan Airports Commission;
9.27(11) a law enforcement official has probable cause to believe that the vehicle is
9.28stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is
9.29reasonably necessary to obtain or preserve the evidence;
9.30(12) the driver, operator, or person in physical control of the vehicle is taken into
9.31custody and the vehicle is impounded for safekeeping;
9.32(13) a law enforcement official has probable cause to believe that the owner,
9.33operator, or person in physical control of the vehicle has failed to respond to five or more
9.34citations for parking or traffic offenses;
9.35(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs
9.36to use by taxicabs;
10.1(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked
10.2vehicle;
10.3(16) the vehicle is parked, on a school day during prohibited hours, in a school zone
10.4on a public street where official signs prohibit parking; or
10.5(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
10.6168B.011, and subject to immediate removal under chapter 168B.

10.7    Sec. 13. Minnesota Statutes 2008, section 169.15, is amended to read:
10.8169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.
10.9    Subdivision 1. Impeding traffic; drive at slow speed. No person shall drive a
10.10motor vehicle at such a slow speed as to impede or block the normal and reasonable
10.11movement of traffic except when reduced speed is necessary for safe operation or in
10.12compliance with law or except when the vehicle is temporarily unable to maintain a greater
10.13speed due to a combination of the weight of the vehicle and the grade of the highway.
10.14    Subd. 2. Intersection gridlock; stop or block traffic. (a) Except as provided
10.15in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a
10.16traffic-control signal until the driver is able to move the vehicle immediately, continuously,
10.17and completely through the intersection without impeding or blocking the subsequent
10.18movement of cross traffic.
10.19(b) Paragraph (a) does not apply to movement of a vehicle made:
10.20(1) at the direction of a city-authorized traffic-control agent or a peace officer;
10.21(2) to facilitate passage of an authorized emergency vehicle with its emergency
10.22lights activated; or
10.23(3) to make a turn, as permitted under section 169.19, that allows the vehicle to
10.24safely leave the intersection.
10.25(c) A violation of this subdivision does not constitute grounds for suspension or
10.26revocation of the violator's driver's license.
10.27EFFECTIVE DATE.This section is effective January 1, 2011, and applies to acts
10.28committed on or after that date.

10.29    Sec. 14. Minnesota Statutes 2008, section 169.306, is amended to read:
10.30169.306 USE OF SHOULDERS BY BUSES.
10.31(a) The commissioner of transportation may is authorized to permit the use by transit
10.32buses and Metro Mobility buses of a shoulder, as designated by the commissioner, of a
11.1freeway or expressway, as defined in section 160.02, in the seven-county metropolitan
11.2area in Minnesota.
11.3(b) If the commissioner permits the use of a freeway or expressway shoulder by
11.4transit buses, the commissioner shall also permit the use on that shoulder of a bus (1) with
11.5a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
11.6as defined in section 221.012, subdivision 26, while operating in intrastate commerce or
11.7(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or
11.8Metro Mobility services, and operated by or under contract with the Metropolitan Council,
11.9a local transit authority, or a transit authority created by the legislature. Drivers of these
11.10buses must have adequate training in the requirements of paragraph (c), as determined by
11.11the commissioner.
11.12(c) Buses authorized to use the shoulder under this section may be operated on the
11.13shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
11.14buses being operated on the shoulder may not exceed the speed of main-line traffic by
11.15more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
11.16being operated on the shoulder must yield to merging, entering, and exiting traffic and
11.17must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
11.18registered with the Department of Transportation.
11.19(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
11.20vehicle of not less than 20 feet in length engaged in providing special transportation
11.21services under section 473.386 that is:
11.22(1) operated by the Metropolitan Council, or operated by or under contract with a
11.23public or private entity receiving financial assistance to provide transit services from the
11.24Metropolitan Council or the commissioner of transportation; and
11.25(2) authorized by the council commissioner to use freeway or expressway shoulders.
11.26(e) This section does not apply to the operation of buses on dynamic shoulder lanes.

11.27    Sec. 15. Minnesota Statutes 2009 Supplement, section 169.71, subdivision 1, is
11.28amended to read:
11.29    Subdivision 1. Prohibitions generally; exceptions. (a) A person shall not drive or
11.30operate any motor vehicle with:
11.31(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;
11.32(2) any objects suspended between the driver and the windshield, other than:
11.33(i) sun visors;
11.34(ii) rearview mirrors;
12.1(iii) driver feedback and safety-monitoring equipment when mounted immediately
12.2behind, slightly above, or slightly below the rearview mirror;
12.3(iii) (iv) global positioning systems or navigation systems when mounted or located
12.4near the bottommost portion of the windshield; and
12.5(iv) (v) electronic toll collection devices; or
12.6(3) any sign, poster, or other nontransparent material upon the front windshield,
12.7sidewings, or side or rear windows of the vehicle, other than a certificate or other paper
12.8required to be so displayed by law or authorized by the state director of the Division of
12.9Emergency Management or the commissioner of public safety.
12.10(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
12.11(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.

12.12    Sec. 16. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
12.13amended to read:
12.14    Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit
12.15authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
12.16raw or unprocessed agricultural products and be operated with a gross vehicle weight
12.17of up to:
12.18    (1) 90,000 pounds; and
12.19    (2) 99,000 pounds during the period set by the commissioner under section 169.826,
12.20subdivision 1 .
12.21    (b) Notwithstanding subdivision 4 3, paragraph (a), clause (4), a vehicle or
12.22combination of vehicles operated under this subdivision and transporting only sealed
12.23intermodal containers may be operated on an interstate highway if allowed by the United
12.24States Department of Transportation.
12.25    (c) The fee for a permit issued under this subdivision is $300.
12.26EFFECTIVE DATE.This section is effective retroactively from July 1, 2008.

12.27    Sec. 17. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
12.28to read:
12.29    Subd. 7. Cargo tank vehicles. (a) Weight restrictions imposed by the commissioner
12.30under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent
12.31axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted
12.32roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
12.33(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
12.34used for propane must have an operating gauge on the cargo tank that shows the amount of
13.1propane as a percent of capacity of the cargo tank. Documentation of the capacity of the
13.2cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of
13.3this subdivision, propane weighs 4.2 pounds per gallon.
13.4(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
13.5used for dyed fuel oil must utilize the forward two tank compartments and must carry
13.6documentation of the empty weight of the cargo tank vehicle from a certified scale in the
13.7cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds
13.8per gallon.
13.9(d) To the extent practicable, cargo tank vehicles that are exempt from weight
13.10restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted
13.11roads by 12:00 p.m. and before the last week of April.

13.12    Sec. 18. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
13.13    Subdivision 1. Department created. In order to provide a balanced an integrated
13.14transportation system, including of aeronautics, highways, motor carriers, ports, public
13.15transit, railroads, and pipelines, and including facilities for walking and bicycling, a
13.16Department of Transportation is created. The department is the principal agency of the
13.17state for development, implementation, administration, consolidation, and coordination of
13.18state transportation policies, plans, and programs.

13.19    Sec. 19. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
13.20    Subd. 2. Transportation goals. The goals of the state transportation system are
13.21as follows:
13.22    (1) to provide safe transportation minimize fatalities and injuries for transportation
13.23users throughout the state;
13.24    (2) to provide multimodal and intermodal transportation that enhances mobility and
13.25economic development and provides access to all persons and businesses in Minnesota
13.26while ensuring that there is no facilities and services to increase access for all persons and
13.27businesses and to ensure economic well-being and quality of life without undue burden
13.28placed on any community;
13.29    (3) to provide a reasonable travel time for commuters;
13.30    (4) to enhance economic development and provide for the economical, efficient, and
13.31safe movement of goods to and from markets by rail, highway, and waterway;
13.32    (5) to encourage tourism by providing appropriate transportation to Minnesota
13.33facilities designed to attract tourists and to enhance the appeal, through transportation
13.34investments, of tourist destinations across the state;
14.1    (6) to provide transit services throughout to all counties in the state to meet the
14.2needs of transit users;
14.3    (7) to promote productivity accountability through system systematic management
14.4of system performance and productivity through the utilization of technological
14.5advancements;
14.6    (8) to maximize the long-term benefits received for each state transportation
14.7investment;
14.8    (9) to provide for and prioritize funding for of transportation investments that, at a
14.9minimum, preserves the transportation infrastructure ensures that the state's transportation
14.10infrastructure is maintained in a state of good repair;
14.11    (10) to ensure that the planning and implementation of all modes of transportation
14.12are consistent with the environmental and energy goals of the state;
14.13    (11) to promote and increase the use of high-occupancy vehicles and low-emission
14.14vehicles;
14.15    (12) to provide an air transportation system sufficient to encourage economic growth
14.16and allow all regions of the state the ability to participate in the global economy;
14.17    (13) to increase transit use of transit as a percentage of all trips statewide by giving
14.18highest priority to the transportation modes with the greatest people-moving capacity and
14.19lowest long-term economic and environmental cost;
14.20    (14) to promote and increase bicycling and walking as a percentage of all trips as an
14.21energy-efficient, nonpolluting, and healthful form healthy forms of transportation;
14.22    (15) to reduce greenhouse gas emissions from the state's transportation sector; and
14.23    (16) to accomplish these goals with minimal impact on the environment.

14.24    Sec. 20. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
14.25    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part
14.26of the department's mission that within the department's resources the commissioner
14.27shall endeavor to:
14.28    (1) prevent the waste or unnecessary spending of public money;
14.29    (2) use innovative fiscal and human resource practices to manage the state's
14.30resources and operate the department as efficiently as possible;
14.31    (3) minimize the degradation of air and, water quality, and the climate, including
14.32reduction in greenhouse gas emissions;
14.33    (4) coordinate the department's activities wherever appropriate with the activities
14.34of other governmental agencies;
15.1    (5) use technology where appropriate to increase agency productivity, improve
15.2customer service, increase public access to information about government, and increase
15.3public participation in the business of government;
15.4    (6) utilize constructive and cooperative labor-management practices to the extent
15.5otherwise required by chapters 43A and 179A;
15.6    (7) report to the legislature on the performance of agency operations and the
15.7accomplishment of agency goals in the agency's biennial budget according to section
15.816A.10, subdivision 1 ; and
15.9    (8) recommend to the legislature appropriate changes in law necessary to carry out
15.10the mission and improve the performance of the department.

15.11    Sec. 21. [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
15.12    Subdivision 1. Council established. A Minnesota Council on Transportation
15.13Access is established to study, evaluate, oversee, and make recommendations to improve
15.14the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of
15.15transportation services provided to the transit public. "Transit public" means those persons
15.16who utilize public transit and those who, because of mental or physical disability, income
15.17status, or age are unable to transport themselves and are dependent upon others for
15.18transportation services.
15.19    Subd. 2. Duties of council. In order to accomplish the purposes in subdivision 1,
15.20the council shall adopt a biennial work plan that must incorporate the following activities:
15.21(1) compile information on existing transportation alternatives for the transit public,
15.22and serve as a clearinghouse for information on services, funding sources, innovations,
15.23and coordination efforts;
15.24(2) identify best practices and strategies that have been successful in Minnesota and
15.25in other states for coordination of local, regional, state, and federal funding and services;
15.26(3) recommend statewide objectives for providing public transportation services
15.27for the transit public;
15.28(4) identify barriers prohibiting coordination and accessibility of public
15.29transportation services and aggressively pursue the elimination of those barriers;
15.30(5) recommend policies and procedures for coordinating local, regional, state, and
15.31federal funding and services for the transit public;
15.32(6) identify stakeholders in providing services for the transit public, and seek input
15.33from them concerning barriers and appropriate strategies;
15.34(7) recommend guidelines for developing transportation coordination plans
15.35throughout the state;
16.1(8) encourage all state agencies participating in the council to purchase trips within
16.2the coordinated system;
16.3(9) facilitate the creation and operation of transportation brokerages to match
16.4riders to the appropriate service, promote shared dispatching, compile and disseminate
16.5information on transportation options, and promote regional communication;
16.6(10) encourage volunteer driver programs and recommend legislation to address
16.7liability and insurance issues;
16.8(11) recommend minimum performance standards for delivery of services;
16.9(12) identify methods to eliminate fraud and abuse in special transportation services;
16.10(13) develop a standard method for addressing liability insurance requirements for
16.11transportation services purchased, provided, or coordinated;
16.12(14) design and develop a contracting template for providing coordinated
16.13transportation services;
16.14(15) recommend an interagency uniform contracting and billing and accounting
16.15system for providing coordinated transportation services;
16.16(16) encourage the design and development of training programs for coordinated
16.17transportation services;
16.18(17) encourage the use of public school transportation vehicles for the transit public;
16.19(18) develop an allocation methodology that equitably distributes transportation
16.20funds to compensate units of government and all entities that provide coordinated
16.21transportation services;
16.22(19) identify policies and necessary legislation to facilitate vehicle sharing; and
16.23(20) advocate aggressively for eliminating barriers to coordination, implementing
16.24coordination strategies, enacting necessary legislation, and appropriating resources to
16.25achieve the council's objectives.
16.26    Subd. 3. Membership. (a) The council is comprised of the following 17 members:
16.27(1) two members of the senate appointed by the Subcommittee on Committees of the
16.28Committee on Rules and Administration, one of whom must be a member of the minority;
16.29(2) two members of the house of representatives, one appointed by the speaker of the
16.30house and one appointed by the minority leader;
16.31(3) one representative from the Office of the Governor;
16.32(4) one representative from the Council on Disability;
16.33(5) one representative from the Minnesota Public Transit Association;
16.34(6) the commissioner of transportation or a designee;
16.35(7) the commissioner of human services or a designee;
16.36(8) the commissioner of health or a designee;
17.1(9) the chair of the Metropolitan Council or a designee;
17.2(10) the commissioner of education or a designee;
17.3(11) the commissioner of veterans affairs or a designee;
17.4(12) one representative from the Board on Aging;
17.5(13) the commissioner of employment and economic development or a designee;
17.6(14) the commissioner of commerce or a designee; and
17.7(15) the commissioner of finance or a designee.
17.8(b) All appointments required by paragraph (a) must be completed by August
17.91, 2010.
17.10(c) The commissioner of transportation or a designee shall convene the first meeting
17.11of the council within two weeks after the members have been appointed to the council.
17.12The members shall elect a chairperson from their membership at the first meeting.
17.13(d) The Department of Transportation and the Department of Human Services shall
17.14provide necessary staff support for the council.
17.15    Subd. 4. Report. By January 15 of each year, beginning in 2012, the council shall
17.16report its findings, recommendations, and activities to the governor's office and to the
17.17chairs and ranking minority members of the legislative committees with jurisdiction
17.18over transportation, health, and human services, and to the legislature as provided under
17.19section 3.195.
17.20    Subd. 5. Reimbursement. Members of the council shall receive reimbursement
17.21of expenses as provided in section 15.059, subdivision 3.
17.22    Subd. 6. Expiration. This section expires June 30, 2014.

17.23    Sec. 22. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
17.24    Subd. 5. Commuter Rail Corridor Coordinating Committee. (a) A Commuter
17.25Rail Corridor Coordinating Committee shall be is established to advise the commissioner
17.26on issues relating to the alternatives analysis, environmental review, advanced corridor
17.27planning, preliminary engineering, final design, implementation method, construction of
17.28commuter rail, public involvement, land use, service, and safety. The Commuter Rail
17.29Corridor Coordinating Committee shall consist of:
17.30(1) one member representing each significant funding partner in whose jurisdiction
17.31the line or lines are located;
17.32(2) one member appointed by each county in which the corridors are located;
17.33(3) one member appointed by each city in which advanced corridor plans indicate
17.34that a station may be located;
18.1(4) two members appointed by the commissioner, one of whom shall be designated
18.2by the commissioner as the chair of the committee;
18.3(5) one member appointed by each metropolitan planning organization through
18.4which the commuter rail line may pass; and
18.5(6) one member appointed by the president of the University of Minnesota, if a
18.6designated corridor provides direct service to the university.; and
18.7(7) two ex-officio members who are members of labor organizations operating
18.8in, and with authority for, trains or rail yards or stations junctioning with freight and
18.9commuter rail lines on corridors, with one member appointed by the speaker of the house
18.10and the other member appointed by the senate Rules and Administration Subcommittee
18.11on Committees.
18.12(b) A joint powers board existing on April 1, 1999, consisting of local governments
18.13along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
18.14place of the committee.
18.15(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire.

18.16    Sec. 23. Minnesota Statutes 2008, section 219.01, is amended to read:
18.17219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
18.18(a) The track safety standards of the United States Department of Transportation and
18.19Federal Railroad Administration apply to railroad trackage and are the standards for the
18.20determination of unsafe trackage within the state.
18.21(b) The commissioner of transportation shall apply to the Federal Railroad
18.22Administration under Public Law 110-432, the Railroad Safety Enhancement Act of
18.232008 (the act), for (1) railroad safety technology grant funding available under section
18.24105 of the act and (2) development and installation of rail safety technology, including
18.25provision for switch position indicator signals in nonsignalized main track territory,
18.26under section 406 of the act. The commissioner shall respond and make application to
18.27the Federal Railroad Administration notice of funds availability under the Rail Safety
18.28Assurance Act in a timely manner and before the date of the program deadline to assure
18.29full consideration of the application. The commissioner shall (i) prioritize grant requests
18.30for the installation of switch indicator signals on all segments of nonsignalized track
18.31where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in
18.32each year after 2010 until all nonsignalized track territory in the state has switch indicator
18.33signals installed and in operation.
18.34(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit
18.35grant requests from all eligible railroads. The commissioner shall submit written notice to
19.1the chairs of the legislative committees with jurisdiction over transportation policy and
19.2finance of an acceptance by a class I or class II railroad of federal grant program funding
19.3for switch point indicator monitor systems.
19.4(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads
19.5shall provide all technical documentation requested by the commissioner and required by
19.6the Federal Railroad Administration for the applications under paragraph (b). Railroads
19.7are responsible for developing, acquiring, and installing all rail safety technology obtained
19.8under this section in accordance with requirements established by the Federal Railroad
19.9Administration.

19.10    Sec. 24. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
19.11to read:
19.12    Subd. 27a. Motor carrier of railroad employees. "Motor carrier of railroad
19.13employees" means a motor carrier engaged in the for-hire transportation of railroad
19.14employees of a class I or II common carrier, as defined in Code of Federal Regulations,
19.15title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
19.16a common carrier, as defined in section 218.011, subdivision 10.

19.17    Sec. 25. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
19.18    Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service"
19.19means a service provided by a person engaged in the for-hire transportation of passengers
19.20in a vehicle designed to transport seven or fewer persons, including the driver.
19.21(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
19.22vehicle passenger service" also includes for-hire transportation of persons who are certified
19.23by the Metropolitan Council to use special transportation service provided under section
19.24473.386 , in a vehicle designed to transport not more than 15 persons including the driver,
19.25that is equipped with a wheelchair lift and at least three wheelchair securement positions.
19.26(c) Small vehicle passenger service does not include a motor carrier of railroad
19.27employees.

19.28    Sec. 26. [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.
19.29(a) A motor carrier of railroad employees must meet the requirements specified in
19.30this section, is subject to section 221.291, and is otherwise exempt from the provisions
19.31of this chapter.
19.32(b) A vehicle operator for a motor carrier of railroad employees who transports
19.33passengers must:
20.1(1) have a valid driver's license under chapter 171; and
20.2(2) submit to a physical examination.
20.3(c) The carrier must implement a policy that provides for annual training and
20.4certification of the operator in:
20.5    (1) safe operation of the vehicle transporting railroad employees;
20.6    (2) knowing and understanding relevant laws, rules of the road, and safety policies;
20.7    (3) handling emergency situations;
20.8(4) proper use of seat belts;
20.9    (5) performance of pretrip and posttrip vehicle inspections, and inspection record
20.10keeping; and
20.11(6) proper maintenance of required records.
20.12(d) The carrier must:
20.13(1) perform a background check or background investigation of the operator;
20.14(2) annually verify the operator's driver's license;
20.15(3) document meeting the requirements in this subdivision, and maintain the file
20.16at the carrier's business location;
20.17(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
20.18of the seating capacity of the vehicle; and
20.19(5) maintain uninsured and underinsured coverage in a minimum amount of
20.20$1,000,000.
20.21If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
20.22employees, then the insurance requirements may be satisfied by either that party or the
20.23motor carrier, so long as the motor carrier is a named insured or additional insured under
20.24any policy.
20.25    (e) A person who sustains a conviction of violating section 169A.25, 169A.26,
20.26169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to
20.27169A.53 of the implied consent law, or who is convicted of or has their driver's license
20.28revoked under a similar statute or ordinance of another state, may not operate a vehicle
20.29under this subdivision for five years from the date of conviction. A person who sustains a
20.30conviction of a moving offense in violation of chapter 169 within three years of the first
20.31of three other moving offenses may not operate a vehicle under this subdivision for one
20.32year from the date of the last conviction. A person who has ever been convicted of a
20.33disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may
20.34not operate a vehicle under this subdivision.
21.1(f) An operator who sustains a conviction as described in paragraph (e) while
21.2employed by the carrier shall report the conviction to the carrier within ten days of the
21.3date of the conviction.
21.4(g) A carrier must implement a mandatory alcohol and controlled substance testing
21.5program as provided under sections 181.950 to 181.957 that consists of preemployment
21.6testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty
21.7testing, and follow-up testing.
21.8(h) A motor carrier of railroad employees shall not allow or require a driver to drive
21.9or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours
21.10of combined on-duty time and drive time since last obtaining eight consecutive hours of
21.11off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive
21.12days. After 24 hours off duty, a driver begins a new seven consecutive day period and
21.13on-duty time is reset to zero.
21.14(i) An operator who encounters an emergency and cannot, because of that
21.15emergency, safely complete a transportation assignment within the ten-hour maximum
21.16driving time permitted under paragraph (h), may drive for not more than two additional
21.17hours in order to complete that transportation assignment or to reach a place offering
21.18safety for the occupants of the vehicle and security for the transport motor vehicle, if the
21.19transportation assignment reasonably could have been completed within the ten-hour
21.20period absent the emergency.
21.21(j) A carrier shall maintain and retain for a period of six months accurate time
21.22records that show the time the driver reports for duty each day; the total number of hours
21.23of on-duty time for each driver for each day; the time the driver is released from duty each
21.24day; and the total number of hours driven each day.
21.25(k) For purposes of this subdivision, the following terms have the meanings given:
21.26(1) "conviction" has the meaning given in section 609.02; and
21.27(2) "on-duty time" means all time at a terminal, facility, or other property of a
21.28contract carrier or on any public property waiting to be dispatched. On-duty time includes
21.29time spent inspecting, servicing, or conditioning the vehicle.
21.30EFFECTIVE DATE.Paragraph (d), clause (5), is effective July 1, 2011.

21.31    Sec. 27. Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read:
21.32    Subd. 3. Municipality. "Municipality" does not include a county unless the county
21.33owns or controls an airport, in which case such county may exercise all the powers
21.34granted by said sections to other municipalities. It specifically includes a town, an airport
22.1authority, the Metropolitan Airports Commission established and operated pursuant to
22.2chapter 473, and the state of Minnesota.

22.3    Sec. 28. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:
22.4    Subd. 2a. Hardship Loans for acquisition and relocation. (a) The council may
22.5make hardship loans to acquiring authorities within the metropolitan area to purchase
22.6homestead property located in a proposed state trunk highway right-of-way or project,
22.7and to provide relocation assistance. Acquiring authorities are authorized to accept the
22.8loans and to acquire the property. Except as provided in this subdivision, the loans shall
22.9be made as provided in subdivision 2. Loans shall be in the amount of the fair market
22.10value of the homestead property plus relocation costs and less salvage value. Before
22.11construction of the highway begins, the acquiring authority shall convey the property to
22.12the commissioner of transportation at the same price it paid, plus relocation costs and less
22.13its salvage value. Acquisition and assistance under this subdivision must conform to
22.14sections 117.50 to 117.56.
22.15(b) The council may make hardship loans only when:
22.16(1) the owner of affected homestead property requests acquisition and relocation
22.17assistance from an acquiring authority;
22.18(2) federal or state financial participation is not available;
22.19(3) the owner is unable to sell the homestead property at its appraised market
22.20value because the property is located in a proposed state trunk highway right-of-way or
22.21project as indicated on an official map or plat adopted under section 160.085, 394.361, or
22.22462.359 ; and
22.23(4) the council agrees to and approves the fair market value of the homestead
22.24property, which approval shall not be unreasonably withheld; and.
22.25(5) the owner of the homestead property is burdened by circumstances that constitute
22.26a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
22.27the owner's employer to a distant site of employment; or inability of the owner to maintain
22.28the property due to physical or mental disability or the permanent departure of children
22.29from the homestead.
22.30(c) For purposes of this subdivision, the following terms have the meanings given
22.31them.
22.32(1) "Acquiring authority" means counties, towns, and statutory and home rule
22.33charter cities in the metropolitan area.
23.1(2) "Homestead property" means (i) a single-family dwelling occupied by the owner,
23.2and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
23.3as defined in section 327B.01, subdivision 13.
23.4(3) "Salvage value" means the probable sale price of the dwelling and other property
23.5that is severable from the land if offered for sale on the condition that it be removed from
23.6the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
23.7of the possible uses of the property, including separate use of serviceable components and
23.8scrap when there is no other reasonable prospect of sale.

23.9    Sec. 29. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:
23.10    Subd. 5. Use of public roadways and appurtenances. The council may use for the
23.11purposes of sections 473.405 to 473.449 upon the conditions stated in this subdivision
23.12any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
23.13other appurtenance of a roadway, without payment of any compensation, provided the
23.14use does not interfere unreasonably with the public use or maintenance of the roadway or
23.15appurtenance or entail any substantial additional costs for maintenance. The provisions of
23.16this subdivision do not apply to the property of any common carrier railroad or common
23.17carrier railroads. The consent of the public agency in charge of such state highway or other
23.18public highway or roadway or appurtenance is not required; except that if the council seeks
23.19to use a designated parkway for regular route service in the city of Minneapolis, it must
23.20obtain permission from and is subject to reasonable limitations imposed by a joint board
23.21consisting of two representatives from the council, two members of the board of park
23.22commissioners, and a fifth member jointly selected by the representatives of the council
23.23and the park other members of the board. If the use is a designated Minneapolis parkway
23.24for regular route service adjacent to the city of Minneapolis, it must obtain permission
23.25from and is subject to reasonable limitations imposed by a joint board consisting of two
23.26representatives from the council, two members of the board of park commissioners, and a
23.27fifth member jointly selected by other members of the board. The joint board must include
23.28a nonvoting member appointed by the council of the city in which the parkway is located.
23.29The board of park commissioners and the council may designate persons to sit on
23.30the joint board. In considering a request by the council to use designated parkways for
23.31additional routes or trips, the joint board consisting of the council or their designees,
23.32the board of park commissioners or their designees, and the fifth member, shall base its
23.33decision to grant or deny the request based on the criteria to be established by the joint
23.34board. The decision to grant or deny the request must be made within 45 days of the
23.35date of the request. The park board must be notified immediately by the council of any
24.1temporary route detours. If the park board objects to the temporary route detours within
24.2five days of being notified, the joint board must convene and decide whether to grant the
24.3request, otherwise the request is deemed granted. If the agency objects to the proposed
24.4use or claims reimbursement from the council for additional cost of maintenance, it may
24.5commence an action against the council in the district court of the county wherein the
24.6highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
24.7in the action must conform to the Rules of Civil Procedure applicable to the district courts.
24.8The court shall sit without jury. If the court determines that the use in question interferes
24.9unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
24.10enjoin the use by the council. If the court determines that the use in question does not
24.11interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
24.12but that it entails substantial additional maintenance costs, the court shall award judgment
24.13to the agency for the amount of the additional costs. Otherwise the court shall award
24.14judgment to the council. An aggrieved party may appeal from the judgment of the district
24.15court in the same manner as is provided for such appeals in other civil actions. The council
24.16may also use land within the right-of-way of any state highway or other public roadway
24.17for the erection of traffic control devices, other signs, and passenger shelters upon the
24.18conditions stated in this subdivision and subject only to the approval of the commissioner
24.19of transportation where required by statute, and subject to the express provisions of other
24.20applicable statutes and to federal requirements where necessary to qualify for federal aid.

24.21    Sec. 30. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
24.22    Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle
24.23at the request of a law enforcement officer shall have a lien on the motor vehicle for the
24.24value of the storage and towing and the right to retain possession of the motor vehicle
24.25until the lien is lawfully discharged. This section does not apply to tows authorized
24.26in section 169.041, subdivision 4, clause (1) of vehicles parked in violation of snow
24.27emergency regulations.

24.28    Sec. 31. Laws 2008, chapter 287, article 1, section 122, is amended to read:
24.29    Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD
24.30EXTINGUISHMENT.
24.31    (a) Any extinguishment of town interest in a town road under Minnesota Statutes,
24.32section 164.06, subdivision 2, is hereby nullified if:
24.33    (1) the interest was not recorded or filed with the county recorder but was recorded
24.34or filed with the county auditor prior to 1972;
25.1    (2) the state or a political subdivision has constructed or funded a road or bridge
25.2improvement on a right-of-way affected by the interest;
25.3    (3) the affected road was the only means of access to a property;
25.4    (4) the extinguishment took place within the last ten years; and
25.5    (5) a person whose only access to property was lost because of the extinguishment
25.6files a petition of a nullification with the town board stating that the person's property
25.7became landlocked because of the extinguishment and that the road satisfies all of the
25.8requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
25.9recorded with the county auditor must be attached to the petition. The town shall file the
25.10petition with the county auditor and record it with the county recorder.
25.11    (b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
25.12541.023 , for any nullification under paragraph (a), the affected road is hereby deemed to
25.13be a cartway. No additional damages or other payments may be required other than those
25.14paid at the time the fee interest was originally acquired and the order filed with the county
25.15auditor. A cartway created by this paragraph may be converted to a private driveway
25.16under Minnesota Statutes, section 164.08, subdivision 2.
25.17    (c) For purposes of this section, "affected road" means the road in which the town
25.18board extinguished its interest.
25.19EFFECTIVE DATE.This section is effective the day following final enactment.

25.20    Sec. 32. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR
25.21CITY OF FARMINGTON.
25.22Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the
25.23commissioner of public safety, limiting sites for the office of deputy registrar based
25.24on either the distance to an existing deputy registrar office or the annual volume of
25.25transactions processed by any deputy registrar, the commissioner of public safety shall
25.26appoint a municipal deputy registrar of motor vehicles for the city of Farmington to
25.27operate a new full-service Office of Deputy Registrar, with full authority to function
25.28as a registration and motor vehicle tax collection bureau, at the city hall in the city of
25.29Farmington. All other provisions regarding the appointment and operation of a deputy
25.30registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota
25.31Rules, chapter 7406, apply to the office.
25.32EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
25.33the governing body of the city of Farmington and its chief clerical officer timely complete
25.34their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

26.1    Sec. 33. REPEALER.
26.2Minnesota Statutes 2008, sections 13.721, subdivision 4; 169.041, subdivisions 3
26.3and 4; and 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17,
26.4and 18, are repealed.