5th Engrossment - 86th Legislature (2009 - 2010) Posted on 04/27/2010 09:03am
A bill for an act
relating to transportation; modifying or adding provisions relating to truck
insurance, school bus transportation, transportation construction impacts on
business, rest areas, highways, bridges, transportation contracts, variances
from rules and engineering standards for local streets and highways, the state
park road account, tax-exempt vehicles, license plates, deputy registrars,
vehicles and drivers, impounds, towing, pedestrians, intersection gridlock, bus
and type III vehicle operation, various traffic regulations, cargo tank vehicle
weight exemptions, drivers' licenses, transportation department goals and
mission, the Disadvantaged Business Enterprise Collaborative, a Minnesota
Council of Transportation Access, complete streets, a Commuter Rail Corridor
Coordinating Committee, railroad track safety, motor carriers, allocation of
traffic fines, airport authorities, property acquisition for highways, transit,
town road interest extinguishment nullification, Northstar commuter rail, and
roundabouts design; providing for State Patrol tax compliance and vehicle
crimes investigations; providing for issuance and sale of trunk highway bonds;
requiring reports; making technical and clarifying changes; appropriating money;
amending Minnesota Statutes 2008, sections 65B.43, subdivision 2; 161.14,
by adding subdivisions; 161.3426, subdivision 3, by adding a subdivision;
162.02, subdivision 3a; 162.09, subdivision 3a; 165.14, subdivisions 4, 5;
168.12, subdivisions 2a, 2b, by adding a subdivision; 168.123, subdivisions 1,
2; 168.1255, subdivision 1; 168.1291, subdivisions 1, 2; 168.33, subdivision
2; 168B.04, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision 3;
169.041, subdivision 5; 169.09, subdivision 5a; 169.15; 169.26, by adding a
subdivision; 169.306; 169.79, subdivision 3; 169.87, by adding a subdivision;
169.92, subdivision 4; 171.321, subdivision 2; 174.01, subdivisions 1, 2;
174.02, subdivision 1a; 174.86, subdivision 5; 219.01; 221.012, subdivision
38, by adding a subdivision; 221.0252, subdivision 7; 221.036, subdivisions
1, 3; 221.221, subdivision 3; 221.251, subdivision 1; 360.061, subdivision
3; 473.167, subdivision 2a; 473.411, subdivision 5; 514.18, subdivision 1a;
Minnesota Statutes 2009 Supplement, sections 123B.92, subdivision 1; 160.165;
161.14, subdivision 62; 162.06, subdivision 5; 168.012, subdivision 1; 168.12,
subdivision 5; 169.71, subdivision 1; 169.865, subdivision 1; 171.02, subdivision
2b; 174.66; 221.026, subdivision 2; 221.031, subdivision 1; 221.122, subdivision
1; 299D.03, subdivision 5; Laws 2008, chapter 287, article 1, section 122; Laws
2009, chapter 36, article 1, sections 1; 3, subdivisions 1, 2, 3; 5, subdivisions 1, 3,
4; proposing coding for new law in Minnesota Statutes, chapters 160; 168; 174;
221; 383D; repealing Minnesota Statutes 2008, sections 169.041, subdivisions 3,
4; 221.161, subdivisions 2, 3; 221.291, subdivision 5; Minnesota Statutes 2009
Supplement, sections 221.161, subdivisions 1, 4; 221.171; Minnesota Rules,
parts 7805.0300; 7805.0400.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 65B.43, subdivision 2, is amended to read:
"Motor vehicle" means every vehicle, other than a
motorcycle or other vehicle with fewer than four wheels, which (a) is required to be
registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or
motor for use primarily upon public roads, highways or streets in the transportation of
persons or property, and includes a trailer with one or more wheels, when the trailer is
connected to or being towed by a motor vehiclenew text begin , in which case the combination of the
single self-propelled vehicle and one or more trailers or semitrailers is considered a single
motor vehicle for purposes of this definitionnew text end .
Minnesota Statutes 2009 Supplement, section 123B.92, subdivision 1, is
amended to read:
For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the district's type III vehicles, as
defined in section 169.011, subdivision 71, which must be used a majority of the time for
pupil transportation purposes, computed on a straight line basis at the rate of 20 percent
per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of transportation service provided to
pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language immersion programs;
(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;
(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and
(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.
For the purposes of this paragraph, a district may designate a licensed day care
facility, school day care facility, respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardiannew text begin , or an after school program
for children operated by a political subdivision of the state, new text end as the home of a pupil for part
or all of the day, if requested by the pupil's parent or guardian, and if that facility deleted text begin ordeleted text end new text begin ,new text end
residencenew text begin , or program new text end is within the attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and
(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.
(4) "Transportation services for pupils with disabilities" is:
(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;
(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;
(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;
(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and
(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.
For purposes of computing special education initial aid under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);
(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.
(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.
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This section is effective the day following final enactment.
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Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:
For the purposes of this section, the following terms
have the meanings given:
(1) "project" means construction work to maintain, construct, reconstruct, or
improve a street or highwaynew text begin or for a rail transit projectnew text end ;
(2) "substantial business impacts" means impairment of road access, parking, or
visibility for one or more business establishments as a result of a project, for a minimum
period of one month; and
(3) "transportation authority" means the commissioner, as to trunk highways; the
county board, as to county state-aid highways and county highways; the town board, as to
town roads; deleted text begin anddeleted text end statutory or home rule charter cities, as to city streetsnew text begin ; the Metropolitan
Council, for rail transit projects located entirely within the metropolitan area as defined in
section 473.121, subdivision 2; and the commissioner, for all other rail transit projectsnew text end .
(a) Before beginning construction work on a project,
a transportation authority shall identify whether the project is anticipated to include
substantial business impacts. For such projects, the transportation authority shall designate
an individual to serve as business liaison between the transportation authority and affected
businesses.
(b) The business liaison shall consult with affected businesses before and
during construction to investigate means of mitigating project impacts to businesses.
The mitigation considered must include signage. The business liaison shall provide
information to the identified businesses before and during construction, concerning project
duration and timetables, lane and road closures, detours, access impacts, customer parking
impacts, visibility, noise, dust, vibration, and public participation opportunities.
new text begin
This section does not apply to construction work in connection
with the Central Corridor light rail transit line that will connect downtown Minneapolis
and downtown St. Paul.
new text end
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Subdivision 1 is effective July 1, 2012. Subdivision 3 is
effective July 1, 2010.
new text end
new text begin
It is unlawful at rest areas to:
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(1) dispose of travel-related trash and rubbish, except if depositing it in a designated
receptacle;
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(2) dump household or commercial trash and rubbish into containers or anywhere
else on site; or
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(3) drain or dump refuse or waste from any trailer, recreational vehicle, or other
vehicle except where receptacles are provided and designated to receive the refuse or
waste.
new text end
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Violation of this section is a petty misdemeanor.
new text end
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This section is effective August 1, 2010, and applies to acts
committed on or after that date.
new text end
Minnesota Statutes 2009 Supplement, section 161.14, subdivision 62, is
amended to read:
(a) The following
described route is designated the "Clearwater County Veterans Memorial Highway": that
portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk Highway 200,
from its intersection with Clearwater County State-Aid Highway deleted text begin 37deleted text end new text begin 39new text end to its intersection
with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that
portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5.
(b) The commissioner shall adopt a suitable marking design to mark this highway
and erect appropriate signs, subject to section 161.139.
Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:
new text begin
Legislative Route No. 31, signed as
Trunk Highway 200 as of the effective date of this section, 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.
new text end
Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:
new text begin
Marked Trunk Highway
34, from its intersection with Washington Avenue in Detroit Lakes to its intersection with
County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection
with County State-Aid Highway 33 to its intersection with County State-Aid Highway
39, is named and designated the "Becker County Veterans Memorial Highway." Subject
to section 161.139, the commissioner shall adopt a suitable marking design to mark this
highway and erect appropriate signs.
new text end
Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:
new text begin
The bridge over the Mississippi River on marked
Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner
of transportation shall adopt a suitable design to mark this bridge and erect appropriate
signs, subject to section 161.139.
new text end
Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
to read:
new text begin
Marked Trunk Highway 59 from the city
of Karlstad to the border with Canada 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.
new text end
Minnesota Statutes 2008, section 161.3426, subdivision 3, is amended to read:
The commissioner shall award a stipulated fee not less than
two-tenths of one percent of the department's estimated cost of design and construction
to each short-listed, responsible proposer who provides a responsive but unsuccessful
proposal. new text begin When the request for proposals specifies a maximum price, the stipend shall be
awarded if the proposal is responsive in all other aspects but comes in above the maximum
price. new text end If the commissioner does not award a contract, all short-listed proposers must
receive the stipulated fee. If the commissioner cancels the contract before reviewing the
technical proposals, the commissioner shall award each design-builder on the short list a
stipulated fee of not less than two-tenths of one percent of the commissioner's estimated
cost of design and construction. The commissioner shall pay the stipulated fee to each
proposer within 90 days after the award of the contract or the decision not to award a
contract. In consideration for paying the stipulated fee, the commissioner may use any
ideas or information contained in the proposals in connection with any contract awarded
for the project or in connection with a subsequent procurement, without any obligation
to pay any additional compensation to the unsuccessful proposers. Notwithstanding the
other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated
fee, the commissioner may not use ideas and information contained in that proposer's
proposal. Upon the request of the commissioner, a proposer who waived a stipulated fee
may withdraw the waiver, in which case the commissioner shall pay the stipulated fee to
the proposer and thereafter may use ideas and information in the proposer's proposal.
Minnesota Statutes 2008, section 161.3426, is amended by adding a
subdivision to read:
new text begin
If the commissioner rejects all bids
or does not execute the contract, the commissioner may reissue the request for proposals
and allow only short-listed teams to resubmit proposals. The commissioner shall then pay
a reasonable stipulated fee to each short-listed, responsible proposer who provides a
responsive but unsuccessful proposal in response to the reissued request for proposals.
When the reissued request for proposals specifies a maximum price, the stipend shall
be awarded if the proposal is responsive in all other aspects but comes in above the
maximum price.
new text end
Minnesota Statutes 2008, section 162.02, subdivision 3a, is amended to read:
new text begin (a) Subject to section
174.75, subdivision 5,new text end the commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.021 or 162.07, subdivision 2. A
political subdivision in which a county state-aid highway is located or is proposed to be
located may submit a written request to the commissioner for a variance for that highway.
new text begin (b)new text end The commissioner shall publish notice of the request in the State Register and
give notice to all persons known to the commissioner to have an interest in the matter. The
commissioner may grant or deny the variance within 30 days of providing notice of the
request. If a written objection to the request is received within seven days of providing
notice, the variance shall be granted or denied only after a contested case hearing has been
held on the request. If no timely objection is received and the variance is denied without
hearing, the political subdivision may request, within 30 days of receiving notice of denial,
and shall be granted a contested case hearing.
new text begin (c) new text end For purposes of this subdivision, "political subdivision" includes (1) an agency of
a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Minnesota Statutes 2009 Supplement, section 162.06, subdivision 5, is
amended to read:
After deducting for administrative costs and
for the disaster account and research account from the amount available as provided
in this section, the commissioner shall deduct a sum equal to the three-quarters of one
percent of the remainder. The sum so deducted shall be set aside in a separate account and
shall be used for (1) the establishment, location, relocation, construction, reconstruction,
and improvement of those roads included in the county state-aid highway system under
Minnesota Statutes 1961, section 162.02, subdivision 6, which border and provide
substantial access to an outdoor recreation unit as defined in section 86A.04 or which
provide access to the headquarters of or the principal parking lot located within such a
unit, and (2) the reconstruction, improvement, repair, and maintenance of county roads,
city streets, new text begin roadways located within the outdoor recreation system as defined in section
86A.04, new text end and town roads that provide access to public lakes, rivers, state parks, and state
campgroundsnew text begin , and (3) the reconstruction of public trails integral to the roads identified in
this subdivision where the relocation, construction or reconstruction of the trail is required
for public safety or natural resource preservationnew text end . Roads described in deleted text begin clausedeleted text end new text begin clauses new text end (2)
new text begin and (3) new text end are not required to meet county state-aid highway standards. At the request of the
commissioner of natural resources the counties wherein such roads are located shall do
such work as requested in the same manner as on any county state-aid highway and shall
be reimbursed for such construction, reconstruction, or improvements from the amount set
aside by this subdivision. Before requesting a county to do work on a county state-aid
highway as provided in this subdivision, the commissioner of natural resources must
obtain approval for the project from the County State-Aid Screening Board. The screening
board, before giving its approval, must obtain a written comment on the project from
the county engineer of the county requested to undertake the project. Before requesting
a county to do work on a county road, city street, new text begin roadway in the outdoor recreation
system, new text end or a town road that provides access to a public lake, a river, a state park, or a state
campground, the commissioner of natural resources shall obtain a written comment on the
project from the county engineer of the county requested to undertake the project. Any
balance of the amount so set aside, at the end of each year must be transferred to the
county state-aid highway fund.
Minnesota Statutes 2008, section 162.09, subdivision 3a, is amended to read:
(a) new text begin Subject to section
174.75, subdivision 5,new text end the commissioner may grant variances from the rules and from the
engineering standards developed pursuant to section 162.13, subdivision 2. A political
subdivision in which a municipal state-aid street is located or is proposed to be located
may submit a written request to the commissioner for a variance for that street.
(b) The commissioner shall publish notice of the request in the State Register and
give notice to all persons known to the commissioner to have an interest in the matter. The
commissioner may grant or deny the variance within 30 days of providing notice of the
request. If a written objection to the request is received within seven days of providing
notice, the variance shall be granted or denied only after a contested case hearing has been
held on the request. If no timely objection is received and the variance is denied without
hearing, the political subdivision may request, within 30 days of receiving notice of denial,
and shall be granted a contested case hearing.
(c) For purposes of this subdivision, "political subdivision" includes (1) an agency of
a political subdivision which has jurisdiction over parks, and (2) a regional park authority.
Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
(a) The commissioner shall classify all
bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
the commissioner identifies a reason for proceeding otherwise, before commencing bridge
projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
be selected and funded in the approved state transportation improvement program, at
any stage in the project development process, solicited for bids, in contract negotiation,
under construction, or completed.
(b) The classification of each tier is as follows:
(1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
identified by the commissioner as a priority project;
(2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
(3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
(c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
must be under contract for repair or replacement with a new bridge that contains a
load-path-redundant design, except that a specific bridge may remain in continued service
if the reasons are documented in the report required under subdivision 5.
(d) new text begin All bridge projects funded under this section in fiscal year 2012 or later must
include bicycle and pedestrian accommodations if both sides of the bridge are located in a
city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
new text end
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Bicycle and pedestrian accommodations would not be required if:
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new text begin
(1) a comprehensive assessment demonstrates that there is an absence of need for
bicycle and pedestrian accommodations for the life of the bridge; or
new text end
new text begin
(2) there is a reasonable alternative bicycle and pedestrian crossing within
one-quarter mile of the bridge project.
new text end
new text begin
All bicycle and pedestrian accommodations should enable a connection to any existing
bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian
facilities must meet or exceed federal accessibility requirements as outlined in Title II of
the Americans with Disabilities Act, codified in United States Code, title 42, chapter
126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United
States Code, title 29, section 794.
new text end
new text begin (e) new text end The commissioner shall establish criteria for determining the priority of bridge
projects within each tier, and must include safety considerations as a criterion.
new text begin
This section is effective July 1, 2010.
new text end
Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
In conjunction with each
update to the Minnesota statewide transportation plan, or at least every six years, the
commissioner shall submit a report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over transportation
finance. The report must include:
(1) an explanation of the criteria and decision-making processes used to prioritize
bridge projects;
(2) a historical and projected analysis of the extent to which all trunk highway
bridges meet bridge performance targetsnew text begin and comply with the accessibility requirements
of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336new text end ;
(3) a summary of bridge projects (i) completed in the previous six years or since the
last update to the Minnesota statewide transportation plan, and (ii) currently in progress
under the program;
(4) a summary of bridge projects scheduled in the next four fiscal years and included
in the state transportation improvement program;
(5) a projection of annual needs over the next 20 years;
(6) a calculation new text begin of new text end funding necessary to meet the completion date under subdivision
4, paragraph (c), compared to the total amount of bridge-related funding available; and
(7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
explanation of the reasons for repair instead of replacement.
Minnesota Statutes 2009 Supplement, section 168.012, subdivision 1, is
amended to read:
(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) new text begin Provided the general appearance of the vehicle is unmistakable, the following
vehicles are not required to register or display number plates:
new text end
new text begin (1) new text end vehicles owned by the federal governmentdeleted text begin , municipaldeleted text end new text begin ;
new text end
new text begin (2)new text end fire apparatusesnew text begin ,new text end including fire-suppression support vehicles, new text begin owned or leased by
the state or a political subdivision;
new text end
new text begin (3) new text end police patrolsdeleted text begin ,deleted text end new text begin owned or leased by the state or a political subdivision;new text end and
new text begin (4) new text end ambulancesdeleted text begin , the general appearance of which is unmistakable, are not required to
register or display number platesdeleted text end new text begin owned or leased by the state or a political subdivisionnew text end .
(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 Corrections, 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 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.
Minnesota Statutes 2008, section 168.12, subdivision 2a, is amended to read:
(a) The commissioner may issue personalized
plates or, if requested for special plates issued under section 168.123 for veterans,
168.124 for medal of honor recipients, or 168.125 for former prisoners of war, applicable
personalized special veterans plates, to an applicant who:
(1) is an owner of a passenger automobile including a passenger automobile
registered as a classic car, pioneer car, collector car, or street rod; any truck with a
manufacturer's nominal rated capacity of one ton or less and resembling a pickup truck; a
motorcycle, including a classic motorcycle; a motorized bicycle; a commuter van as
defined in section 168.126; or a recreational vehicle;
(2) pays a onetime fee of $100 and any other fees required by this chapter;
(3) pays the registration tax required by this chapter for the motor vehicle; and
(4) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
(b) The commissioner shall charge a replacement fee for personalized license plates
and personalized special veterans plates issued under section 168.123 as specified in
subdivision 5. This fee must be paid by the applicant whenever the personalized plates are
required to be replaced by law, except that as provided in section 168.124, subdivision
3, and 168.125, subdivision 1b, no fee may be charged to replace plates issued under
those sections.
(c) In lieu of the registration number assigned as provided in subdivision 1,
personalized plates and personalized special veterans plates must have imprinted on them
a series of not more than seven numbers and letters, or five numbers and letters for
personalized special veterans plates, in any combination and, as applicable, satisfy the
design requirements of section 168.123, 168.124, or 168.125. When an applicant has once
obtained personalized plates or personalized special veterans plates, the applicant shall
have a prior claim for similar personalized plates or personalized special veterans plates in
the next succeeding year as long as current motor vehicle registration is maintained.
(d) The commissioner shall adopt rules in the manner provided by chapter 14,
regulating the issuance and transfer of personalized plates and personalized special
veterans plates. No words or combination of letters placed on these plates may be used
for commercial advertising, be of an obscene, indecent, or immoral nature, or be of a
nature that would offend public morals or decency. The call signals or letters of a radio or
television station are not commercial advertising for the purposes of this subdivision.
(e) Despite the provisions of subdivision 1, personalized plates and personalized
special veterans plates issued under this subdivision may be transferred to another motor
vehicle listed in paragraph (a) and owned by the applicant, upon the payment of a fee of $5.
(f) The commissioner may by rule specify the format for notification.
(g) A personalized plate or personalized special veterans plate issued for a classic
car, pioneer car, collector car, street rod, or classic motorcycle may not be transferred
to a vehicle not eligible for such a plate.
(h) Despite any law to the contrary, if the personalized license plates are lost, stolen,
or destroyed, the applicant may apply and must be issued duplicate license plates bearing
the same combination of letters and numbers and the same design as (1) the former
personalized plates or personalized special veterans plates under section 168.123 upon
the payment of the fee required by section 168.29 or (2) the former personalized special
veterans plates issued under section 168.124 or 168.125, without charge.
new text begin
(i) A personalized vertical motorcycle plate may be issued upon payment of an
additional payment of $100. The vertical plate must have not more than four identification
characters, cannot be a duplication of any current or reserved license plate, and must
meet the requirements in paragraph (d).
new text end
Minnesota Statutes 2008, section 168.12, subdivision 2b, is amended to read:
(a) The commissioner shall issue
special plates, or a single license plate in the case of a motorcycle plate, to any applicant
who:
(1) is a member of a fire department receiving state aid under chapter 69, has a
letter from the fire chief, and is an owner of a passenger automobile, a truck with a
manufacturer's nominal rated capacity of one ton and resembling a pickup truck, or
a motorcycle;
(2) pays a fee of $10 and any other fees required by this chapter;
(3) pays the registration tax required by this chapter for the motor vehicle; and
(4) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.
(b) In lieu of the identification required under subdivision 1, the special plates must
bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
the commissioner.
(c) Special plates issued under this subdivision may only be used during the period
that the owner of the motor vehicle is a member of a fire department as specified in this
subdivision. When the individual to whom the special plates were issued is no longer a
member of a fire department or when the motor vehicle ownership is transferred, the
owner shall remove the special plates from the motor vehicle. If the commissioner
receives written notification that an individual is no longer qualified for these special
plates, the commissioner shall invalidate the plates and notify the individual of this
action. The individual may retain the plate only upon demonstrating compliance with the
qualifications of this subdivision. Upon removal or invalidation of the special platesdeleted text begin ,deleted text end or
special motorcycle plate, deleted text begin eitherdeleted text end the owner or purchaser of the motor vehicle shall obtain
regular plates deleted text begin ordeleted text end new text begin ,new text end a regular motorcycle platenew text begin , or special platesnew text end for the proper registration
classification for the motor vehicle.
(d) A special motorcycle license plate issued under this subdivision must be the
same size as a standard motorcycle license plate.
(e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
automobile or truck may be transferred to another passenger automobile or truck owned
or jointly owned by the person to whom the plates were issued. On payment of a fee of
$5, a plate issued under this subdivision for a motorcycle may be transferred to another
motorcycle owned or jointly owned by the person to whom the plate was issued.
(f) The commissioner may adopt rules under the Administrative Procedure Act,
sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized
in this subdivision.
Minnesota Statutes 2008, section 168.12, is amended by adding a subdivision
to read:
new text begin
(a) The commissioner shall issue
special retired firefighters plates to an applicant who:
new text end
new text begin
(1) is a retired member of a fire department defined in section 299N.01, subdivision
2, has a letter from the fire chief affirming that the applicant is a retired firefighter who
served ten or more years and separated in good standing, and is a registered owner of a
passenger automobile, a pickup truck, or a motorcycle;
new text end
new text begin
(2) pays a fee of $10 for each set of license plates applied for along with any other
fees required by this chapter; and
new text end
new text begin
(3) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end
new text begin
(b) The commissioner shall design the special plate so that it is distinguishable from
the firefighter special plates issued under subdivision 2b.
new text end
new text begin
(c) On payment of a transfer fee of $5, plates issued under this subdivision may be
transferred to another passenger automobile registered to the individual to whom the
special plates were issued.
new text end
new text begin
(d) Fees collected under this subdivision must be credited to the vehicle services
operating account in the special revenue fund.
new text end
Minnesota Statutes 2009 Supplement, section 168.12, subdivision 5, is
amended to read:
(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 |
||||
new text begin
Vertical Motorcycle Plate new text end |
new text begin
$ new text end |
new text begin
100.00 new text end |
new text begin
NA new text end |
|||
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.
new text begin
Notwithstanding section 168.1293, the
commissioner shall issue special plates remembering victims of impaired drivers to an
applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile;
new text end
new text begin
(2) pays a fee of $10 for each set of license plates applied for; and
new text end
new text begin
(3) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end
new text begin
The commissioner shall design the special plate emblem so that it
bears an inscription "Remembering Victims of Impaired Drivers" and displays an image
of a broken heart.
new text end
new text begin
On payment of a transfer fee of $5, plates issued under this
section may be transferred to another passenger automobile registered to the individual
to whom the special plates were issued.
new text end
new text begin
The commissioner shall maintain a record of the number of
special plates issued under this section.
new text end
new text begin
Fees collected under this section must be credited to the
vehicle services operating account in the special revenue fund.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2008, section 168.123, subdivision 1, is amended to read:
(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, recreational motor vehicle, or
truck resembling a pickup truck and having a manufacturer's nominal rated capacity
of one ton, 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), deleted text begin ordeleted text end (i), new text begin or (j), new text end or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
and in subdivision 2, paragraph (a), (f), (h), deleted text begin ordeleted text end (i)new text begin , or (j)new text end . 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.
(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.
Minnesota Statutes 2008, section 168.123, subdivision 2, is amended to read:
The commissioner of veterans affairs shall design the emblem for
the veterans' special plates, subject to the approval of the commissioner, that satisfy the
following requirements:
(a) For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
in the active military service in a branch of the armed forces of the United States or a
nation or society allied with the United States the special plates must bear the inscription
"VIETNAM VET" and the letters "V" and "V" with the first letter directly above the
second letter and both letters just preceding the first numeral of the special plate number.
(b) For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
"PEARL HARBOR SURVIVOR" and the letters "P" and "H" with the first letter directly
above the second letter and both letters just preceding the first numeral of the special
plate number.
(c) For a veteran who served during World War I or World War II, the plates must
bear the inscription "WORLD WAR VET" and:
(1) for a World War I veteran, the characters "W" and "I" with the first character
directly above the second character and both characters just preceding the first numeral
of the special plate number; or
(2) for a World War II veteran, the characters "W" and "II" with the first character
directly above the second character and both characters just preceding the first numeral of
the special plate number.
(d) For a veteran who served during the Korean Conflict, the special plates must
bear the inscription "KOREAN VET" and the letters "K" and "V" with the first letter
directly above the second letter and both letters just preceding the first numeral of the
special plate number.
(e) For a combat wounded veteran who is a recipient of the purple heart medal, the
plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile on an
emblem of the official purple heart medal and the letters "C" over "W" with the first letter
directly over the second letter just preceding the first numeral of the special plate number.
(f) For a Persian Gulf War veteran, the plates must bear the inscription "GULF
WAR VET" and the letters "G" and "W" with the first letter directly above the second
letter and both letters just preceding the first numeral of the special plate number. For
the purposes of this section, "Persian Gulf War veteran" means a person who served on
active duty after August 1, 1990, in a branch of the armed forces of the United States or
a nation or society allied with the United States or the United Nations during Operation
Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf
area combat zone as designated in United States Presidential Executive Order No. 12744,
dated January 21, 1991.
(g) For a veteran who served in the Laos War after July 1, 1961, and before July 1,
1978, the special plates must bear the inscription "LAOS WAR VET" and the letters "L"
and "V" with the first letter directly above the second letter and both letters just preceding
the first numeral of the special plate number.
(h) For a veteran who is the recipient of:
(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly below the special
plate number;
(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
below the special plate number; deleted text begin or
deleted text end
(3) the Global War on Terrorism Expeditionary Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the inscription "GWOT
VETERAN" directly below the special plate numbernew text begin ; or
new text end
new text begin (4) the Armed Forces Expeditionary Medal, the special plates must bear an
appropriate inscription that includes a facsimile of that medalnew text end .
(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "GWOT VETERAN" directly below the special plate number. In addition,
any member of the National Guard or other military reserves who has been ordered to
federally funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph, irrespective of
whether that person qualifies as a veteran under section 197.447.
new text begin
(j) For a veteran who is the recipient of the Korean Defense Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.
new text end
new text begin
(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear
the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official
Bronze Star medal.
new text end
new text begin
(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear
the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official
Silver Star medal.
new text end
Minnesota Statutes 2008, section 168.1255, subdivision 1, is amended to read:
The commissioner shall
issue special veteran contribution plates or a single motorcycle plate to an applicant who:
(1) is a veteran, as defined in section 197.447;
(2) is a registered owner of a passenger automobilenew text begin , recreational vehicle, one-ton
pickup truck, new text end or motorcycle;
(3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
(4) pays the registration tax required under section 168.013;
(5) pays the fees required under this chapter;
(6) pays an additional onetime World War II memorial contribution of $30, which
the department shall retain until all start-up costs associated with the development and
issuing of the plates have been recovered, after which the commissioner shall deposit
contributions in the World War II donation match account; and
(7) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.
new text begin
This section is effective August 1, 2010.
new text end
Minnesota Statutes 2008, section 168.1291, subdivision 1, is amended to read:
For purposes of this section "special plates" means plates
issued under sections 168.12, subdivisions 2b and 2e; new text begin 168.121;new text end 168.1235; and 168.129.
new text begin
This section is effective the day following final enactment
new text end
Minnesota Statutes 2008, section 168.1291, subdivision 2, is amended to read:
(a) The commissioner shall design a
single special plate that will contain a unique number and a space for a unique emblem
for plates issued under sections 168.12, subdivisions 2b and 2e; new text begin 168.121;new text end 168.1235; and
168.129. The commissioner shall design a unique emblem related to the purpose of each
special plate.
(b) Any provision of sections 168.12, subdivisions 2b to 2e; new text begin 168.121;new text end 168.123;
and 168.129, that requires the placement of a specified letter or letters on a special plate
applies to those plates only to the extent that the commissioner includes the letter or
letters in the design.
(c) If a law authorizing a special plate contains a specific requirement for graphic
design of that plate, that requirement applies to the appropriate unique emblem.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding section 168.1293, the
commissioner shall issue American Red Cross plates or a single motorcycle plate to
an applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile, one-ton pickup truck,
motorcycle, or recreational vehicle;
new text end
new text begin
(2) pays a fee of $10 for each set of plates;
new text end
new text begin
(3) contributes a minimum of $25 to the American Red Cross disaster preparedness
and relief account; and
new text end
new text begin
(4) complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.
new text end
new text begin
After consultation with the Minnesota chapters of the American
Red Cross, the commissioner shall design the special plate.
new text end
new text begin
On payment of a transfer fee of $5, plates issued under this
section may be transferred to another passenger automobile registered to the individual
to whom the special plates were issued.
new text end
new text begin
Fees collected under subdivision 1, clause (2), are credited to the
vehicle services operating account in the special revenue fund.
new text end
new text begin
Contributions collected under subdivision 1, clause (3),
are credited to the American Red Cross disaster preparedness and relief account, which
is established in the special revenue fund. Money in the account is appropriated to the
commissioner of public safety for a grant to the Minnesota chapters of the American Red
Cross to be used for disaster preparedness, education, and disaster response.
new text end
new text begin
This section is effective August 1, 2013.
new text end
Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
(a) The commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule charter city as the public
interest and convenience may require, without regard to whether the county auditor of
the county in which the city is situated has been appointed as the deputy registrar for the
county or has been discontinued as the deputy registrar for the county, and without regard
to whether the county in which the city is situated has established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.
(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
for any statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
or if the county in which the city is situated has not established a county license bureau
that issues motor vehicle licenses as provided in section 373.32. The individual appointed
by the commissioner as a deputy registrar for any statutory or home rule charter city must
be a resident of the county in which the city is situated.
(c) The commissioner may appoint, and for cause discontinue, the county auditor of
each county as a deputy registrar.
(d) Despite any other provision, a person other than a county auditor or a director
of a county license bureau, who was appointed by the registrar before August 1, 1976,
as a deputy registrar for any statutory or home rule charter city, may continue to serve
as deputy registrar and may be discontinued for cause only by the commissioner. The
county auditor who appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.
(e) Each deputy, before entering upon the discharge of duties, shall take and
subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
(f) If a deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in addition give bond to
the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
conditioned upon the faithful discharge of duties as deputy registrar.
(g) deleted text begin Until January 1, 2012,deleted text end A corporation governed by chapter 302A new text begin or 317Anew text end
may be appointed a deputy registrar. Upon application by an individual serving as a
deputy registrar and the giving of the requisite bond as provided in this subdivision,
personally assured by the individual or another individual approved by the commissioner,
a corporation named in an application then becomes the duly appointed and qualified
successor to the deputy registrar. deleted text begin The appointment of any corporation as a deputy registrar
expires January 1, 2012. The commissioner shall appoint an individual as successor to
the corporation as a deputy registrar. The commissioner shall appoint as the successor
agent to a corporation whose appointment expires under this paragraph an officer of the
corporation if the officer applies for appointment before July 1, 2012.
deleted text end
(h) Each deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles and the
collection of taxes and fees on vehicles.
(i) The deputy registrar shall keep records and make reports to the commissioner as
the commissioner requires. The records must be maintained at the offices of the deputy
registrar. The records and offices of the deputy registrar must at all times be open to the
inspection of the commissioner or the commissioner's agents. The deputy registrar shall
report to the commissioner by the next working day following receipt all registrations
made and taxes and fees collected by the deputy registrar.
(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
but the registration tax and any additional fees for delayed registration the deputy registrar
has collected the deputy registrar shall deposit by the next working day following receipt
in an approved state depository to the credit of the state through the commissioner of
management and budget. The place for which the deputy registrar is appointed through its
governing body must provide the deputy registrar with facilities and personnel to carry out
the duties imposed by this subdivision if the deputy is a public official. In all other cases,
the deputy shall maintain a suitable facility for serving the public.
Minnesota Statutes 2008, section 168B.04, subdivision 2, is amended to read:
(a) Units of government and peace officers may
take into custody and impound any unauthorized vehicle under section 169.041.
(b) A vehicle may also be impounded after it has been left unattended in one of the
following public or private locations for the indicated period of time:
(1) in a public location not governed by section 169.041:
(i) on a highway and properly tagged by a peace officer, four hours;
(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
determined by a peace officer, immediately;
(iii) located so as to constitute an accident or traffic hazard to the traveling public
within the Department of Transportation's eight-county metropolitan district, as determined
by an authorized employee of the department's freeway service patrol, immediately; or
(iv) that is a parking facility or other public property owned or controlled by a unit
of government, properly posted, four hours; or
(2) on private property:
(i) that is single-family or duplex residential property, immediately;
(ii) that is private, nonresidential property, properly posted, immediately;
(iii) that is private, nonresidential property, not posted, 24 hours;
(iv) that is private, nonresidential property of an operator of an establishment for the
servicing, repair, or maintenance of motor vehicles, five business days after notifying the
vehicle owner by certified mail, return receipt requested, of the property owner's intention
to have the vehicle removed from the property; or
(v) that is any residential property, properly posted, immediately.
new text begin
(c) A peace officer may take into custody and impound any vehicle when the driver
of the vehicle is arrested or taken into custody and another means of safely dealing with
the vehicle is not immediately available.
new text end
Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
(a) When an impounded vehicle is
taken into custody, the unit of government or impound lot operator taking it into custody
shall give written notice of the taking within five days to the registered vehicle owner
and any lienholders.
(b) The notice must:
(1) set forth the date and place of the taking;
(2) provide the year, make, model, and serial number of the impounded motor
vehicle, if such information can be reasonably obtained, and the place where the vehicle
is being held;
(3) inform the owner and any lienholders of their right to reclaim the vehicle under
section 168B.07;
(4) state that failure of the owner or lienholders to:
(i) exercise their right to reclaim the vehicle within the appropriate time allowed
under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in
section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest
in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
pursuant to section 168B.08; or
(ii) exercise their right to reclaim the contents of the vehicle within the appropriate
time allowed and under the conditions set forth in section 168B.07, subdivision 3,
constitutes a waiver by them of all right, title, and interest in the contents and consent to
sell or dispose of the contents under section 168B.08; and
(5) state that a vehicle owner who provides to the impound lot operator
documentation from a government or nonprofit agency or legal aid office that the owner
is homeless, receives relief based on need, new text begin or new text end is eligible for legal aid services, deleted text begin or has a
household income at or below 50 percent of state median incomedeleted text end has the unencumbered
right to retrieve any and all contents without charge.
Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
(a) For purposes of this subdivision:
(1) "contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile accessories,
including audio or video players; and
(2) "relief based on need" includes, but is not limited to, receipt of MFIP
and Diversionary Work Program, medical assistance, general assistance, general
assistance medical care, emergency general assistance, Minnesota supplemental aid,
MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
working family tax credit.
(b) A unit of government or impound lot operator shall establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
(c) At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner who provides documentation from a government or
nonprofit agency or legal aid office that the registered owner is homeless, receives relief
based on need, new text begin or new text end is eligible for legal aid services, deleted text begin or has a household income at or below
50 percent of state median incomedeleted text end has the unencumbered right to retrieve any and all
contents without charge and regardless of whether the registered owner pays incurred
charges or fees, transfers title, or reclaims the vehicle.
Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
deleted text begin Unless the vehicle is described in subdivision 4,deleted text end new text begin (a)new text end A
towing authority may not tow a motor vehicle because:
(1) the vehicle has expired registration tabs that have been expired for less than
90 days; new text begin or
new text end
(2) the vehicle is at a parking meter on which the time has expired and the vehicle
has fewer than five unpaid parking ticketsnew text begin .
new text end
new text begin
(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
new text end
new text begin
(1) the vehicle is parked in violation of snow emergency regulations;
new text end
new text begin
(2) the vehicle is parked in a rush-hour restricted parking area;
new text end
new text begin
(3) the vehicle is blocking a driveway, alley, or fire hydrant;
new text end
new text begin
(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking
is prohibited;
new text end
new text begin
(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the
stop sign;
new text end
new text begin
(6) the vehicle is parked in a disability transfer zone or disability parking space
without a disability parking certificate or disability license plates;
new text end
new text begin
(7) the vehicle is parked in an area that has been posted for temporary restricted
parking (A) at least 12 hours in advance in a home rule charter or statutory city having
a population under 50,000, or (B) at least 24 hours in advance in another political
subdivision;
new text end
new text begin
(8) the vehicle is parked within the right-of-way of a controlled-access highway or
within the traveled portion of a public street when travel is allowed there;
new text end
new text begin
(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to
use by fire, police, public safety, or emergency vehicles;
new text end
new text begin
(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul
International Airport owned by the Metropolitan Airports Commission;
new text end
new text begin
(11) a law enforcement official has probable cause to believe that the vehicle is
stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is
reasonably necessary to obtain or preserve the evidence;
new text end
new text begin
(12) the driver, operator, or person in physical control of the vehicle is taken into
custody and the vehicle is impounded for safekeeping;
new text end
new text begin
(13) a law enforcement official has probable cause to believe that the owner,
operator, or person in physical control of the vehicle has failed to respond to five or more
citations for parking or traffic offenses;
new text end
new text begin
(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs
to use by taxicabs;
new text end
new text begin
(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked
vehicle;
new text end
new text begin
(16) the vehicle is parked, on a school day during prohibited hours, in a school zone
on a public street where official signs prohibit parking; or
new text end
new text begin (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
168B.011, and subject to immediate removal under chapter 168Bnew text end .
Minnesota Statutes 2008, section 169.09, subdivision 5a, is amended to read:
deleted text begin Whenever anydeleted text end new text begin If a new text end motor vehicle deleted text begin shall
bedeleted text end new text begin is new text end operated within this statedeleted text begin , by anydeleted text end new text begin by a new text end person other than the owner, with the new text begin express
or implied new text end consent of the owner, deleted text begin express or implied,deleted text end the operator deleted text begin thereof shalldeleted text end new text begin ,new text end in case of
accident, deleted text begin bedeleted text end new text begin is new text end deemed the agent of the owner of deleted text begin suchdeleted text end new text begin the new text end motor vehicle in deleted text begin thedeleted text end new text begin its new text end operation
deleted text begin thereofdeleted text end .new text begin For a single self-propelled vehicle connected to or towing one or more trailers
or semitrailers, the operator of the motor vehicle is deemed to be an agent of the owner
of the self-propelled portion of the motor vehicle combination, and not an agent of the
owner of the trailer portion of the motor vehicle combination.
new text end
Minnesota Statutes 2008, section 169.15, is amended to read:
No person shall drive a
motor vehicle at such a slow speed as to impede or block the normal and reasonable
movement of traffic except when reduced speed is necessary for safe operation or in
compliance with law or except when the vehicle is temporarily unable to maintain a greater
speed due to a combination of the weight of the vehicle and the grade of the highway.
new text begin
(a) Except as provided
in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a
traffic-control signal until the driver is able to move the vehicle immediately, continuously,
and completely through the intersection without impeding or blocking the subsequent
movement of cross traffic.
new text end
new text begin
(b) Paragraph (a) does not apply to movement of a vehicle made:
new text end
new text begin
(1) at the direction of a city-authorized traffic-control agent or a peace officer;
new text end
new text begin
(2) to facilitate passage of an authorized emergency vehicle with its emergency
lights activated; or
new text end
new text begin
(3) to make a turn, as permitted under section 169.19, that allows the vehicle to
safely leave the intersection.
new text end
new text begin
(c) A violation of this subdivision does not constitute grounds for suspension or
revocation of the violator's driver's license.
new text end
new text begin
This section is effective January 1, 2011, and applies to acts
committed on or after that date.
new text end
Minnesota Statutes 2008, section 169.26, is amended by adding a subdivision
to read:
new text begin
(a) A pedestrian shall not pass through, around,
over, or under any crossing gate or barrier at a railroad grade crossing while the gate or
barrier is closed or is being opened or closed.
new text end
new text begin
(b) A pedestrian shall not enter, remain upon, or traverse over a railroad track, grade
crossing, or pedestrian walkway crossing a railroad track when an audible bell or clearly
visible electric or mechanical signal device is operational and warning of the presence,
approach, passage, or departure of a railroad train.
new text end
new text begin
(c) A person who violates this subdivision is subject to a fine of up to $100.
new text end
Minnesota Statutes 2008, section 169.306, is amended to read:
(a) The commissioner of transportation deleted text begin maydeleted text end new text begin is authorized tonew text end permit the use by transit
buses and Metro Mobility buses of a shouldernew text begin , as designated by the commissioner,new text end of a
freeway or expressway, as defined in section 160.02, deleted text begin in the seven-county metropolitan
areadeleted text end new text begin in Minnesotanew text end .
(b) If the commissioner permits the use of a freeway or expressway shoulder by
transit buses, the commissioner shall deleted text begin alsodeleted text end permit the use on that shoulder of a bus new text begin (1) new text end 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 commercenew text begin 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 commissionernew text end .
(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 hour. Drivers of
buses being operated on the shoulder may not exceed the speed of main-line traffic by
more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
being operated on the shoulder must yield to merging, entering, and exiting traffic and
must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
registered with the Department of Transportation.
(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 deleted text begin the Metropolitan Council, or operated bydeleted text end new text begin or under contract withnew text end a
public or private entity receiving financial assistancenew text begin to provide transit servicesnew text end from the
Metropolitan Councilnew text begin or the commissioner of transportationnew text end ; and
(2) authorized by the deleted text begin councildeleted text end new text begin commissionernew text end to use freeway or expressway shoulders.
(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
Minnesota Statutes 2009 Supplement, section 169.71, subdivision 1, is
amended to read:
(a) A person shall not drive or
operate any motor vehicle with:
(1) a windshield cracked or discolored to an extent to limit or obstruct proper vision;
(2) any objects suspended between the driver and the windshield, other than:
(i) sun visors;
(ii) rearview mirrors;
new text begin
(iii) driver feedback and safety-monitoring equipment when mounted immediately
behind, slightly above, or slightly below the rearview mirror;
new text end
deleted text begin (iii)deleted text end new text begin (iv)new text end global positioning systems or navigation systems when mounted or located
near the bottommost portion of the windshield; and
deleted text begin (iv)deleted text end new text begin (v)new text end electronic toll collection devices; or
(3) any sign, poster, or other nontransparent material upon the front windshield,
sidewings, or side or rear windows of the vehicle, other than a certificate or other paper
required to be so displayed by law or authorized by the state director of the Division of
Emergency Management or the commissioner of public safety.
(b) Paragraph (a), clauses (2) and (3), do not apply to law enforcement vehicles.
(c) Paragraph (a), clause (2), does not apply to authorized emergency vehicles.
Minnesota Statutes 2008, section 169.79, subdivision 3, is amended to read:
If the vehicle is a motorcycle, motor scooter,
motorized bicycle, motorcycle sidecar, new text begin hearse, new text end trailer registered at greater than 3,000
pounds gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then
one license plate must be displayed horizontally new text begin or vertically, for a motorcycle issued
vertical license plates under section 168.12, subdivision 2a, new text end with the identifying numbers
and letters facing outward from the vehicle and must be mounted deleted text begin in the upright positiondeleted text end
on the rear of the vehicle.
Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
amended to read:
(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
raw or unprocessed agricultural products and be operated with a gross vehicle weight
of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1.
(b) Notwithstanding subdivision deleted text begin 4deleted text end new text begin 3new text end , paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.
(c) The fee for a permit issued under this subdivision is $300.
new text begin
This section is effective retroactively from July 1, 2008.
new text end
Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
to read:
new text begin
(a) Weight restrictions imposed by the commissioner
under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent
axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted
roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
new text end
new text begin
(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
used for propane must have an operating gauge on the cargo tank that shows the amount of
propane as a percent of capacity of the cargo tank. Documentation of the capacity of the
cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of
this subdivision, propane weighs 4.2 pounds per gallon.
new text end
new text begin
(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
used for dyed fuel oil must utilize the forward two tank compartments and must carry
documentation of the empty weight of the cargo tank vehicle from a certified scale in the
cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds
per gallon.
new text end
new text begin
(d) To the extent practicable, cargo tank vehicles that are exempt from weight
restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted
roads by 12:00 p.m. and before the last week of April.
new text end
Minnesota Statutes 2008, section 169.92, subdivision 4, is amended to read:
(a) Upon receiving a report from the court,
or from the driver licensing authority of a state, district, territory, or possession of the
United States or a province of a foreign country which has an agreement in effect with
this state pursuant to section 169.91, that a resident of this state or a person licensed as
a driver in this state did not appear in court in compliance with the terms of a citation,
the commissioner of public safety shall notify the driver that the driver's license will be
suspended unless the commissioner receives notice within 30 days that the driver has
appeared in the appropriate court or, if the offense is a petty misdemeanor for which a
guilty plea was entered under section 609.491, that the person has paid any fine imposed
by the court. If the commissioner does not receive notice of the appearance in the
appropriate court or payment of the fine within 30 days of the date of the commissioner's
notice to the driver, the commissioner may suspend the driver's license, subject to the
notice requirements of section 171.18, subdivision 2.
(b) The order of suspension shall indicate the reason for the order and shall notify
the driver that the driver's license shall remain suspended until the driver has furnished
evidence, satisfactory to the commissioner, of compliance with any order entered by
the court.
(c) Suspension shall be ordered under this subdivision only when the report clearly
identifies the person arresteddeleted text begin ;deleted text end new text begin ,new text end describes the violation, deleted text begin specifying the section of the traffic
law, ordinance or rule violated;deleted text end new text begin andnew text end indicates the location and date of the offensedeleted text begin ; and
describes the vehicle involved and its registration numberdeleted text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2009 Supplement, section 171.02, subdivision 2b, is
amended to read:
(a) Notwithstanding subdivision
2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
may operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h),
under the conditions in paragraphs (b) through (o).
(b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.
(c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1) safe operation of a type III vehicle;
(2) understanding student behavior, including issues relating to students with
disabilities;
(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
(5) handling emergency situations;
(6) proper use of seat belts and child safety restraints;
(7) performance of pretrip vehicle inspections;
(8) safe loading and unloading of students, including, but not limited to:
(i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;
(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
(iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if
it is not reasonably feasible to avoid such a location; deleted text begin and
deleted text end
(iv) placing the type III vehicle in "park" during loading and unloading; and
new text begin
(v) escorting a pupil across the road under clause (iii) only after the motor is
stopped, the ignition key is removed, the brakes are set, and the vehicle is otherwise
rendered immobile; and
new text end
(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.
(d) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for school district employees; section 144.057 or chapter 245C for day care employees;
or section 171.321, subdivision 3, for all other persons operating a deleted text begin type A ordeleted text end type III
vehicle under this subdivision.
(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.
(f) The operator's employer requires preemployment drug deleted text begin and alcoholdeleted text end testing of
applicants for operator positions. Current operators must comply with the employer's
policy under section 181.951, subdivisions 2, 4, and 5.new text begin Notwithstanding any law to the
contrary, the operator's employer may use a breathalyzer or similar device to fulfill
random alcohol testing requirements.
new text end
(g) The operator's driver's license is verified annually by the entity that owns,
leases, or contracts for the deleted text begin school busdeleted text end new text begin type III vehicle as required under section 171.321,
subdivision 5new text end .
(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of
violating or whose driver's license is revoked under a similar statute or ordinance of
another state, is precluded from operating a type III vehicle for five years from the date
of conviction.
(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under
this subdivision.
(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of
the last conviction.
(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.
(l) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.
(m) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any
other entity that owns, leases, or contracts for the type III vehicle operating under this
subdivision is responsible for maintaining these files for inspection.
(n) The type III vehicle must bear a current certificate of inspection issued under
section 169.451.
(o) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).
new text begin
This section is effective July 1, 2010.
new text end
Minnesota Statutes 2008, section 171.321, subdivision 2, is amended to read:
(a) The commissioner of public safety shall prescribe rules
governing new text begin (1) new text end the physical qualifications of school bus drivers and tests required to obtain
a school bus endorsementnew text begin , and (2) the physical qualifications of type III vehicle driversnew text end .
new text begin (b) new text end The rules new text begin under paragraph (a) new text end must provide that an applicant for a school
bus endorsement or renewal is exempt from the physical qualifications and medical
examination required to operate a school bus upon providing evidence of being medically
examined and certified within the preceding 24 months as physically qualified to operate a
commercial motor vehicle, pursuant to Code of Federal Regulations, title 49, part 391,
subpart E, or rules of the commissioner of transportation incorporating those federal
regulations. The commissioner shall accept physical examinations for school bus drivers
conducted by medical examiners authorized as provided by Code of Federal Regulations,
title 49, chapter 3, part 391, subpart E.
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner of public safety, in conjunction with the commissioner
of education, shall adopt rules prescribing a training program for Head Start bus drivers.
The program must provide for initial classroom and behind-the-wheel training, and annual
in-service training. The program must provide training in defensive driving, human
relations, emergency and accident procedures, vehicle maintenance, traffic laws, and use
of safety equipment. The program must provide that the training will be conducted by the
contract operator for a Head Start agency, the Head Start grantee, a licensed driver training
school, or by another person or entity approved by both commissioners.
new text begin
(d) The commissioner may exempt a type III vehicle driver from the physical
qualifications required to operate a type III vehicle upon receiving evidence of the
driver having been medically examined and certified within the preceding 24 months as
physically qualified to operate a commercial motor vehicle as provided for applicants for a
school bus endorsement under paragraph (b).
new text end
Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
In order to provide deleted text begin a balanceddeleted text end new text begin an integrated
new text end transportation systemdeleted text begin , includingdeleted text end new text begin of new text end aeronautics, highways, motor carriers, ports, public
transit, railroads, and pipelines, new text begin and including facilities for walking and bicycling, new text end a
Department of Transportation is created. The department is the principal agency of the
state for development, implementation, administration, consolidation, and coordination of
state transportation policies, plans, and programs.
Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
The goals of the state transportation system are
as follows:
(1) to deleted text begin provide safe transportationdeleted text end new text begin minimize fatalities and injuries new text end for new text begin transportation
new text end users throughout the state;
(2) to provide multimodal and intermodal transportation deleted text begin that enhances mobility and
economic development and provides access to all persons and businesses in Minnesota
while ensuring that there is nodeleted text end new text begin facilities and services to increase access for all persons and
businesses and to ensure economic well-being and quality of life without new text end undue burden
placed on any community;
(3) to provide a reasonable travel time for commuters;
(4) to new text begin enhance economic development and new text end provide for the economical, efficient, and
safe movement of goods to and from markets by rail, highway, and waterway;
(5) to encourage tourism by providing appropriate transportation to Minnesota
facilities designed to attract touristsnew text begin and to enhance the appeal, through transportation
investments, of tourist destinations across the statenew text end ;
(6) to provide transit services deleted text begin throughoutdeleted text end new text begin to all counties in new text end the state to meet the
needs of transit users;
(7) to promote deleted text begin productivitydeleted text end new text begin accountability new text end through deleted text begin systemdeleted text end new text begin systematic new text end management
new text begin of system performance new text end and new text begin productivity through new text end the utilization of technological
advancements;
(8) to maximize the long-term benefits received for each state transportation
investment;
(9) to provide new text begin for and prioritize new text end funding deleted text begin fordeleted text end new text begin of new text end transportation new text begin investments new text end thatdeleted text begin , at a
minimum, preserves the transportation infrastructuredeleted text end new text begin ensures that the state's transportation
infrastructure is maintained in a state of good repairnew text end ;
(10) to ensure that the planning and implementation of all modes of transportation
are consistent with the environmental and energy goals of the state;
(11) to promote and increase the use of high-occupancy vehicles and low-emission
vehicles;
(12) to provide an air transportation system sufficient to encourage economic growth
and allow all regions of the state the ability to participate in the global economy;
(13) to increase deleted text begin transitdeleted text end use new text begin of transit as a percentage of all trips new text end statewide by giving
highest priority to the transportation modes with the greatest people-moving capacity and
lowest long-term economic and environmental cost;
(14) to promote and increase bicycling new text begin and walking as a percentage of all trips new text end as deleted text begin andeleted text end
energy-efficient, nonpolluting, and deleted text begin healthful formdeleted text end new text begin healthy forms new text end of transportation;
(15) to reduce greenhouse gas emissions from the state's transportation sector; and
(16) to accomplish these goals with minimal impact on the environment.
Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
It is part
of the department's mission that within the department's resources the commissioner
shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;
(3) minimize the degradation of air deleted text begin anddeleted text end new text begin ,new text end water qualitynew text begin , and the climate, including
reduction in greenhouse gas emissionsnew text end ;
(4) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;
(5) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;
(6) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
(7) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and
(8) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the department.
new text begin
(a) The commissioner of transportation
shall convene regular meetings of the disadvantaged business enterprise program and
workforce inclusion collaborative, as constituted by the commissioner as of January
1, 2010.
new text end
new text begin
(b) The collaborative shall review and evaluate the commissioner's implementation
of the disadvantaged business enterprise program, under Code of Federal Regulations, title
49, and recommend changes, including possible legislation, to improve the effectiveness
of the program in this state. At a minimum, the collaborative shall review, evaluate, and
recommend program changes where necessary in the following areas:
new text end
new text begin
(1) an on-the-job training program to increase the diversity of the workforce on
projects;
new text end
new text begin
(2) on-the-job trainee tracking and retention;
new text end
new text begin
(3) a mentor and protégé program for small, disadvantaged business entrepreneurs;
new text end
new text begin
(4) requirements for participation of disadvantaged business enterprises at the time
of letting bids for contracts;
new text end
new text begin
(5) a coordinated access point to recruit disadvantaged business enterprises and a
diverse workforce;
new text end
new text begin
(6) objective measures for good-faith efforts to recruit disadvantaged business
enterprises;
new text end
new text begin
(7) a working capital fund for small disadvantaged business enterprises;
new text end
new text begin
(8) increased transparency for results in the on-the-job training and disadvantaged
business enterprise programs;
new text end
new text begin
(9) civil rights program training;
new text end
new text begin
(10) a targeted group business program for state-funded projects; and
new text end
new text begin
(11) coding systems and dual goals for women and people of color.
new text end
new text begin
(c) The commissioner shall provide staff and administrative support for the
collaborative and shall establish policies and procedures for the collaborative, including
quorum requirements and majority decision making.
new text end
new text begin
(d) The representatives of the Department of Transportation with responsibility for
civil rights and contracting shall participate in collaborative meetings and deliberations.
new text end
new text begin
(e) Members of the collaborative do not receive compensation or reimbursement of
expenses.
new text end
new text begin
(a) The collaborative shall develop
recommendations to the commissioner and to the legislature as provided in paragraph (b)
designed to implement fully the federal Disadvantaged Business Enterprise program in
this state and to improve the effectiveness of the program. These recommendations,
including any draft legislation if the collaborative decides to recommend legislation, may
include, but are not limited to, strategies, policies, and actions focused on:
new text end
new text begin
(1) requiring bid proposals to include information on disadvantaged business
enterprise participation;
new text end
new text begin
(2) defining and implementing appropriate accountability measures when
disadvantaged business enterprise contract goals are not met in accordance with Code
of Federal Regulations, title 49;
new text end
new text begin
(3) sponsoring disadvantaged business enterprise training and development
workshops; and
new text end
new text begin
(4) strengthening the content and frequency of department reporting requirements
relating to the disadvantaged business enterprise program.
new text end
new text begin
(b) The collaborative shall report its findings and legislative recommendations,
including draft legislation if the collaborative decides to recommend legislation, to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over transportation policy and finance by February 1, 2011. The report must
be made available electronically and available in print upon request.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
A Minnesota Council on Transportation
Access is established to study, evaluate, oversee, and make recommendations to improve
the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of
transportation services provided to the transit public. "Transit public" means those persons
who utilize public transit and those who, because of mental or physical disability, income
status, or age are unable to transport themselves and are dependent upon others for
transportation services.
new text end
new text begin
In order to accomplish the purposes in subdivision
1, the council, following consultation with the legislative committees or divisions
with jurisdiction over transportation policy and budget, or with appropriate legislative
transportation subcommittees, shall adopt a biennial work plan that must incorporate
the following activities:
new text end
new text begin
(1) compile information on existing transportation alternatives for the transit public,
and serve as a clearinghouse for information on services, funding sources, innovations,
and coordination efforts;
new text end
new text begin
(2) identify best practices and strategies that have been successful in Minnesota and
in other states for coordination of local, regional, state, and federal funding and services;
new text end
new text begin
(3) recommend statewide objectives for providing public transportation services
for the transit public;
new text end
new text begin
(4) identify barriers prohibiting coordination and accessibility of public
transportation services and aggressively pursue the elimination of those barriers;
new text end
new text begin
(5) recommend policies and procedures for coordinating local, regional, state, and
federal funding and services for the transit public;
new text end
new text begin
(6) identify stakeholders in providing services for the transit public, and seek input
from them concerning barriers and appropriate strategies;
new text end
new text begin
(7) recommend guidelines for developing transportation coordination plans
throughout the state;
new text end
new text begin
(8) encourage all state agencies participating in the council to purchase trips within
the coordinated system;
new text end
new text begin
(9) facilitate the creation and operation of transportation brokerages to match
riders to the appropriate service, promote shared dispatching, compile and disseminate
information on transportation options, and promote regional communication;
new text end
new text begin
(10) encourage volunteer driver programs and recommend legislation to address
liability and insurance issues;
new text end
new text begin
(11) recommend minimum performance standards for delivery of services;
new text end
new text begin
(12) identify methods to eliminate fraud and abuse in special transportation services;
new text end
new text begin
(13) develop a standard method for addressing liability insurance requirements for
transportation services purchased, provided, or coordinated;
new text end
new text begin
(14) design and develop a contracting template for providing coordinated
transportation services;
new text end
new text begin
(15) recommend an interagency uniform contracting and billing and accounting
system for providing coordinated transportation services;
new text end
new text begin
(16) encourage the design and development of training programs for coordinated
transportation services;
new text end
new text begin
(17) encourage the use of public school transportation vehicles for the transit public;
new text end
new text begin
(18) develop an allocation methodology that equitably distributes transportation
funds to compensate units of government and all entities that provide coordinated
transportation services;
new text end
new text begin
(19) identify policies and necessary legislation to facilitate vehicle sharing; and
new text end
new text begin
(20) advocate aggressively for eliminating barriers to coordination, implementing
coordination strategies, enacting necessary legislation, and appropriating resources to
achieve the council's objectives.
new text end
new text begin
The council shall coordinate
its meeting schedule and activities pursuant to its work plan, to the extent practicable, with
legislative committees and divisions with jurisdiction over transportation budget and
policy, or with appropriate subcommittees. The chairperson of the council shall act as
a liaison with the chairs and ranking minority members of the legislative transportation
committees, divisions, and appropriate subcommittees, in carrying out these duties.
new text end
new text begin
(a) The council is composed of the following 13 members:
new text end
new text begin
(1) one representative from the Office of the Governor;
new text end
new text begin
(2) one representative from the Council on Disability;
new text end
new text begin
(3) one representative from the Minnesota Public Transit Association;
new text end
new text begin
(4) the commissioner of transportation or a designee;
new text end
new text begin
(5) the commissioner of human services or a designee;
new text end
new text begin
(6) the commissioner of health or a designee;
new text end
new text begin
(7) the chair of the Metropolitan Council or a designee;
new text end
new text begin
(8) the commissioner of education or a designee;
new text end
new text begin
(9) the commissioner of veterans affairs or a designee;
new text end
new text begin
(10) one representative from the Board on Aging;
new text end
new text begin
(11) the commissioner of employment and economic development or a designee;
new text end
new text begin
(12) the commissioner of commerce or a designee; and
new text end
new text begin
(13) the commissioner of management and budget or a designee.
new text end
new text begin
(b) All appointments required by paragraph (a) must be completed by August
1, 2010.
new text end
new text begin
(c) The commissioner of transportation or a designee shall convene the first meeting
of the council within two weeks after the members have been appointed to the council.
The members shall elect a chairperson from their membership at the first meeting.
new text end
new text begin
(d) The Department of Transportation and the Department of Human Services shall
provide necessary staff support for the council.
new text end
new text begin
By January 15 of each year, beginning in 2012, the council shall
report its findings, recommendations, and activities to the governor's office and to the
chairs and ranking minority members of the legislative committees with jurisdiction
over transportation, health, and human services, and to the legislature as provided under
section 3.195.
new text end
new text begin
Members of the council shall receive reimbursement
of expenses from the commissioner of transportation as provided in section 15.059,
subdivision 3.
new text end
new text begin
The amount appropriated to the Metropolitan
Council in Laws 2009, chapter 36, article 1, section 4, subdivision 2, for the administrative
expenses of the Minnesota Council on Transportation Access, and for other costs relating
to the preparation of required reports, including the costs of hiring a consultant, is
transferred to the Department of Transportation for the same purposes.
new text end
new text begin
This section expires June 30, 2014.
new text end
Minnesota Statutes 2009 Supplement, section 174.66, is amended to read:
(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:
(1) section 218.041 except rules related to the form and manner of filing railroad
rates, railroad accounting rules, and safety rules;
(2) section 219.40;
(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
under section 221.031, subdivision 1;
(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
in a corporation holding authority to operate as a permit carrier as prescribed in section
221.151, subdivision 1;new text begin and
new text end
deleted text begin
(5) rules relating to rates, charges, and practices under section 221.161, subdivision
4; and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end rules relating to rates, tariffs, or the granting, limiting, or modifying of
permits under sections 221.121 and 221.151.
(b) The commissioner shall review the transferred rules, orders, and directives and,
when appropriate, develop and adopt new rules, orders, or directives.
new text begin
"Complete streets" is the planning, scoping, design,
implementation, operation, and maintenance of roads in order to reasonably address the
safety and accessibility needs of users of all ages and abilities. Complete streets considers
the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial
and emergency vehicles moving along and across roads, intersections, and crossings in a
manner that is sensitive to the local context and recognizes that the needs vary in urban,
suburban, and rural settings.
new text end
new text begin
The commissioner shall implement a complete streets
policy after consultation with stakeholders, state and regional agencies, local governments,
and road authorities. The commissioner, after such consultation, shall address relevant
protocols, guidance, standards, requirements, and training, and shall integrate related
principles of context-sensitive solutions.
new text end
new text begin
Beginning in 2011, the commissioner shall report on the
implementation of the complete streets policy in the agency's biennial budget submission
under section 174.02.
new text end
new text begin
Local road authorities are encouraged, but not
required, to create and adopt complete streets policies for their roads that reflect local
context and goals. Nothing in this section may be construed to prohibit a local road
authority from adopting a complete streets policy that incorporates or exceeds statutory
complete streets principles.
new text end
new text begin
(a) When evaluating a request
for a variance from the engineering standards for state-aid projects under chapter 162 in
which the variance request is related to complete streets, the commissioner shall consider
the latest edition of:
new text end
new text begin
(1) A Policy on Geometric Design of Highways and Streets, from the American
Association of State Highway and Transportation Officials; and
new text end
new text begin
(2) for projects in urban areas, the Context Sensitive Solutions in Designing Major
Urban Thoroughfares for Walkable Communities, from the Institute of Transportation
Engineers.
new text end
new text begin
(b) If the commissioner denies a variance request related to complete streets, the
commissioner shall provide written reasons for the denial to the political subdivision
that submitted the request.
new text end
Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
(a) A Commuter
Rail Corridor Coordinating Committee deleted text begin shall bedeleted text end new text begin isnew text end established to advise the commissioner
on issues relating to the alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation method, construction of
commuter rail, public involvement, land use, service, and safety. The Commuter Rail
Corridor Coordinating Committee shall consist of:
(1) one member representing each significant funding partner in whose jurisdiction
the line or lines are located;
(2) one member appointed by each county in which the corridors are located;
(3) one member appointed by each city in which advanced corridor plans indicate
that a station may be located;
(4) two members appointed by the commissioner, one of whom shall be designated
by the commissioner as the chair of the committee;
(5) one member appointed by each metropolitan planning organization through
which the commuter rail line may pass; deleted text begin and
deleted text end
(6) one member appointed by the president of the University of Minnesota, if a
designated corridor provides direct service to the universitydeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) two ex-officio members who are members of labor organizations operating
in, and with authority for, trains or rail yards or stations junctioning with freight and
commuter rail lines on corridors, with one member appointed by the speaker of the house
and the other member appointed by the senate Rules and Administration Subcommittee
on Committees.
new text end
(b) A joint powers board existing on April 1, 1999, consisting of local governments
along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
place of the committee.
(c) Notwithstanding section 15.059, subdivision 5, the committee does not expire.
Minnesota Statutes 2008, section 219.01, is amended to read:
new text begin (a) new text end The track safety standards of the United States Department of Transportation and
Federal Railroad Administration apply to railroad trackage and are the standards for the
determination of unsafe trackage within the state.
new text begin
(b) The commissioner of transportation shall apply to the Federal Railroad
Administration under Public Law 110-432, the Railroad Safety Enhancement Act of
2008 (the act), for (1) railroad safety technology grant funding available under section
105 of the act and (2) development and installation of rail safety technology, including
provision for switch position indicator signals in nonsignalized main track territory,
under section 406 of the act. The commissioner shall respond and make application to
the Federal Railroad Administration notice of funds availability under the Rail Safety
Assurance Act in a timely manner and before the date of the program deadline to assure
full consideration of the application. The commissioner shall (i) prioritize grant requests
for the installation of switch indicator signals on all segments of nonsignalized track
where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in
each year after 2010 until all nonsignalized track territory in the state has switch indicator
signals installed and in operation.
new text end
new text begin
(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit
grant requests from all eligible railroads. The commissioner shall submit written notice to
the chairs of the legislative committees with jurisdiction over transportation policy and
finance of an acceptance by a class I or class II railroad of federal grant program funding
for switch point indicator monitor systems.
new text end
new text begin
(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads
shall provide all technical documentation requested by the commissioner and required by
the Federal Railroad Administration for the applications under paragraph (b). Railroads
are responsible for developing, acquiring, and installing all rail safety technology obtained
under this section in accordance with requirements established by the Federal Railroad
Administration.
new text end
Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
to read:
new text begin
"Motor carrier of railroad
employees" means a motor carrier engaged in the for-hire transportation of railroad
employees of a class I or II common carrier, as defined in Code of Federal Regulations,
title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
a common carrier, as defined in section 218.011, subdivision 10.
new text end
Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
(a) "Small vehicle passenger service"
means a service provided by a person engaged in the for-hire transportation of passengers
in a vehicle designed to transport seven or fewer persons, including the driver.
(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
vehicle passenger service" also includes for-hire transportation of persons who are certified
by the Metropolitan Council to use special transportation service provided under section
473.386, in a vehicle designed to transport not more than 15 persons including the driver,
that is equipped with a wheelchair lift and at least three wheelchair securement positions.
new text begin
(c) Small vehicle passenger service does not include a motor carrier of railroad
employees.
new text end
Minnesota Statutes 2008, section 221.0252, subdivision 7, is amended to read:
new text begin
(a) A motor carrier of railroad employees must meet the requirements specified in
this section, is subject to section 221.291, and is otherwise exempt from the provisions
of this chapter.
new text end
new text begin
(b) A vehicle operator for a motor carrier of railroad employees who transports
passengers must:
new text end
new text begin
(1) have a valid driver's license under chapter 171; and
new text end
new text begin
(2) submit to a physical examination.
new text end
new text begin
(c) The carrier must implement a policy that provides for annual training and
certification of the operator in:
new text end
new text begin
(1) safe operation of the vehicle transporting railroad employees;
new text end
new text begin
(2) knowing and understanding relevant laws, rules of the road, and safety policies;
new text end
new text begin
(3) handling emergency situations;
new text end
new text begin
(4) proper use of seat belts;
new text end
new text begin
(5) performance of pretrip and posttrip vehicle inspections, and inspection record
keeping; and
new text end
new text begin
(6) proper maintenance of required records.
new text end
new text begin
(d) The carrier must:
new text end
new text begin
(1) perform a background check or background investigation of the operator;
new text end
new text begin
(2) annually verify the operator's driver's license;
new text end
new text begin
(3) document meeting the requirements in this subdivision, and maintain the file
at the carrier's business location;
new text end
new text begin
(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
of the seating capacity of the vehicle; and
new text end
new text begin
(5) maintain uninsured and underinsured coverage in a minimum amount of
$1,000,000.
new text end
new text begin
If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
employees, then the insurance requirements may be satisfied by either that party or the
motor carrier, so long as the motor carrier is a named insured or additional insured under
any policy.
new text end
new text begin
(e) A person who sustains a conviction of violating section 169A.25, 169A.26,
169A.27, or 169A.31, or whose driver's license is revoked under sections 169A.50 to
169A.53 of the implied consent law, or who is convicted of or has their driver's license
revoked under a similar statute or ordinance of another state, may not operate a vehicle
under this subdivision for five years from the date of conviction. A person who sustains a
conviction of a moving offense in violation of chapter 169 within three years of the first
of three other moving offenses may not operate a vehicle under this subdivision for one
year from the date of the last conviction. A person who has ever been convicted of a
disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may
not operate a vehicle under this subdivision.
new text end
new text begin
(f) An operator who sustains a conviction as described in paragraph (e) while
employed by the carrier shall report the conviction to the carrier within ten days of the
date of the conviction.
new text end
new text begin
(g) A carrier must implement a mandatory alcohol and controlled substance testing
program as provided under sections 181.950 to 181.957 that consists of preemployment
testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty
testing, and follow-up testing.
new text end
new text begin
(h) A motor carrier of railroad employees shall not allow or require a driver to drive
or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours
of combined on-duty time and drive time since last obtaining eight consecutive hours of
off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive
days. After 24 hours off duty, a driver begins a new seven consecutive day period and
on-duty time is reset to zero.
new text end
new text begin
(i) An operator who encounters an emergency and cannot, because of that
emergency, safely complete a transportation assignment within the ten-hour maximum
driving time permitted under paragraph (h), may drive for not more than two additional
hours in order to complete that transportation assignment or to reach a place offering
safety for the occupants of the vehicle and security for the transport motor vehicle, if the
transportation assignment reasonably could have been completed within the ten-hour
period absent the emergency.
new text end
new text begin
(j) A carrier shall maintain and retain for a period of six months accurate time
records that show the time the driver reports for duty each day; the total number of hours
of on-duty time for each driver for each day; the time the driver is released from duty each
day; and the total number of hours driven each day.
new text end
new text begin
(k) For purposes of this subdivision, the following terms have the meanings given:
new text end
new text begin
(1) "conviction" has the meaning given in section 609.02; and
new text end
new text begin
(2) "on-duty time" means all time at a terminal, facility, or other property of a
contract carrier or on any public property waiting to be dispatched. On-duty time includes
time spent inspecting, servicing, or conditioning the vehicle.
new text end
new text begin
Paragraph (d), clause (5), is effective July 1, 2011.
new text end
Minnesota Statutes 2009 Supplement, section 221.026, subdivision 2, is
amended to read:
Notwithstanding any other law, a motor
carrier of property is exempt from sections 221.021; 221.121; 221.122; 221.123; 221.131;
221.132; 221.151; deleted text begin 221.161;deleted text end 221.172, subdivision 3; and 221.185, except as provided in
subdivision 4. The exemptions in this subdivision do not apply to a motor carrier of
property while transporting household goods.
Minnesota Statutes 2009 Supplement, section 221.031, subdivision 1, is
amended to read:
(a) This subdivision applies to motor
carriers engaged in intrastate commerce.
(b) The commissioner shall prescribe rules for the operation of motor carriers,
including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
qualifications; accident reporting; identification of vehicles; installation of safety devices;
inspection, repair, and maintenance; and proper automatic speed regulators if, in the
opinion of the commissioner, there is a need for the rules.
(c) The commissioner shall direct the repair and reconstruction or replacement of
an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
the construction and maintenance or furnishing of suitable and proper freight terminals,
passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
at a point on the highway traversed which the commissioner, after investigation by the
department, may deem just and proper for the protection of passengers or property.
(d) The commissioner shall (1) deleted text begin require holders of household goods mover permits
to file schedules of rates and charges, (2)deleted text end regulate motor carriers in matters affecting the
relationship between them and the traveling and shipping public, and deleted text begin (3)deleted text end new text begin (2)new text end prescribe
other rules as may be necessary to carry out the provisions of this chapter.
(e) The commissioner shall enforce sections 169.781 to 169.783.
Minnesota Statutes 2008, section 221.036, subdivision 1, is amended to read:
The commissioner may issue an order requiring violations
to be corrected and administratively assessing monetary penalties for a violation of
(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4)
deleted text begin section 221.171; (5)deleted text end section 221.141; deleted text begin (6)deleted text end new text begin (5) new text end a federal, state, or local law, regulation,
rule, or ordinance pertaining to railroad-highway grade crossings; or deleted text begin (7)deleted text end new text begin (6) new text end rules of the
commissioner relating to the transportation of hazardous waste, motor carrier operations,
insurance, or deleted text begin tariffs anddeleted text end accounting. An order must be issued as provided in this section.
Minnesota Statutes 2008, section 221.036, subdivision 3, is amended to read:
(a) The commissioner may issue an
order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
new text begin or new text end 221.151deleted text begin ; or 221.171deleted text end , or rules of the commissioner relating to motor carrier operations,
insurance, or deleted text begin tariffs anddeleted text end accounting, identified during a single inspection, audit, or
investigation.
(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.
(c) In determining the amount of a penalty, the commissioner shall consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;
(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;
(4) the economic benefit gained by the person by allowing or committing the
violation; and
(5) other factors as justice may require, if the commissioner specifically identifies
the additional factors in the commissioner's order.
(d) The commissioner shall assess a penalty in accordance with Code of Federal
Regulations, title 49, section 383.53, against:
(1) a driver who is convicted of a violation of an out-of-service order;
(2) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of an out-of-service order; or
(3) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of a federal, state, or local law or regulation
pertaining to railroad-highway grade crossings.
Minnesota Statutes 2009 Supplement, section 221.122, subdivision 1, is
amended to read:
(a) An order
issued by the commissioner which grants a certificate or permit must contain a service date.
(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:
(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;new text begin and
new text end
(2) file and maintain insurance or bond as required by section 221.141 and rules of
the commissionerdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
deleted text end
Minnesota Statutes 2008, section 221.221, subdivision 3, is amended to read:
Representatives of the department to whom authority
has been delegated by the commissioner for the purpose of enforcing sections 169.781 to
169.783 deleted text begin and 221.171deleted text end and the rules, orders, or directives of the commissioner adopted or
issued under those sections, and for no other purpose, shall have the powers conferred by
law upon police officers. The representatives of the department have the power to inspect
records, logs, freight bills, bills of lading, or other documents which may provide evidence
to determine compliance with sections 169.781 to 169.783 deleted text begin and 221.171deleted text end .
Minnesota Statutes 2008, section 221.251, subdivision 1, is amended to read:
Charges for freight, baggage, or express
collected by a motor carrier over what the carrier is entitled to receive deleted text begin under the lawful
tariff or classificationdeleted text end must be refunded by the carrier within 90 days after a claim is filed,
provided that a claim is filed as provided in this section.
Minnesota Statutes 2009 Supplement, section 299D.03, subdivision 5, is
amended to read:
(a) All fines and forfeited bail
money collected from persons apprehended or arrested by officers of the State Patrol
shall be transmitted by the person or officer collecting the fines, forfeited bail money,
or installments thereof, on or before the tenth day after the last day of the month in
which these moneys were collected, to the commissioner of management and budget.
Except where a different disposition is required in this subdivision or section 387.213, or
otherwise provided by law, three-eighths of these receipts must be deposited in the state
treasury and credited to the state general fund. The other five-eighths of these receipts
must be deposited in the state treasury and credited as follows: (1) the first deleted text begin $600,000deleted text end new text begin
$1,000,000new text end in each fiscal year must be credited to the Minnesota grade crossing safety
account in the special revenue fund, and (2) remaining receipts must be credited to the state
trunk highway fund. If, however, the violation occurs within a municipality and the city
attorney prosecutes the offense, and a plea of not guilty is entered, one-third of the receipts
shall be deposited in the state treasury and credited to the state general fund, one-third of
the receipts shall be paid to the municipality prosecuting the offense, and one-third shall be
deposited in the state treasury and credited to the Minnesota grade crossing safety account
or the state trunk highway fund as provided in this paragraph. When section 387.213 also
is applicable to the fine, section 387.213 shall be applied before this paragraph is applied.
All costs of participation in a nationwide police communication system chargeable to the
state of Minnesota shall be paid from appropriations for that purpose.
(b) deleted text begin Notwithstanding any other provisions of law,deleted text end All fines and forfeited bail money
from violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by means
of stationary or portable scales operated by these employees, shall be transmitted by the
person or officer collecting the fines or forfeited bail money, on or before the tenth day
after the last day of the month in which the collections were made, to the commissioner
of management and budget. Five-eighths of these receipts shall be deposited in the state
treasury and credited to the state highway user tax distribution fund. Three-eighths of
these receipts shall be deposited in the state treasury and credited to the state general fund.
Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read:
"Municipality" does not include a county unless the county
owns or controls an airport, in which case such county may exercise all the powers
granted by said sections to other municipalities. It specifically includes a town,new text begin an airport
authority,new text end the Metropolitan Airports Commission established and operated pursuant to
chapter 473, and the state of Minnesota.
new text begin
Notwithstanding section 168.33, and rules adopted by the commissioner of public
safety, limiting sites for the office of deputy registrar based on either the distance to an
existing deputy registrar office or the annual volume of transactions processed by any
deputy registrar, the commissioner of public safety shall permit the deputy registrar of
motor vehicles agent number 128 and driver's license agent number 726 for Dakota County
to move from the existing deputy registrar location in Burnsville to the Dakota County
Burnhaven Library in Burnsville, with full authority to function as a registration and
motor vehicle tax collection and driver's license bureau, at the Dakota County Burnhaven
Library. All other provisions regarding the appointment and operation of a deputy
registrar of motor vehicles and driver's license agent under sections 168.33 and 171.061,
and Minnesota Rules, chapter 7406, not inconsistent with this section, apply to the office.
new text end
new text begin
This section is effective the day after
the governing body of the county of Dakota and its chief clerical officer timely complete
their compliance with section 645.021, subdivisions 2 and 3.
new text end
Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:
(a) The council may
make deleted text begin hardshipdeleted text end loans to acquiring authorities within the metropolitan area to purchase
homestead property located in a proposed state trunk highway right-of-way or project,
and to provide relocation assistance. Acquiring authorities are authorized to accept the
loans and to acquire the property. Except as provided in this subdivision, the loans shall
be made as provided in subdivision 2. Loans shall be in the amount of the fair market
value of the homestead property plus relocation costs and less salvage value. Before
construction of the highway begins, the acquiring authority shall convey the property to
the commissioner of transportation at the same price it paid, plus relocation costs and less
its salvage value. Acquisition and assistance under this subdivision must conform to
sections 117.50 to 117.56.
(b) The council may make deleted text begin hardshipdeleted text end loans only when:
(1) the owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;
(2) federal or state financial participation is not available;
(3) the owner is unable to sell the homestead property at its appraised market
value because the property is located in a proposed state trunk highway right-of-way or
project as indicated on an official map or plat adopted under section 160.085, 394.361, or
462.359; new text begin and
new text end
(4) the council agrees to and approves the fair market value of the homestead
property, which approval shall not be unreasonably withhelddeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(5) the owner of the homestead property is burdened by circumstances that constitute
a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
the owner's employer to a distant site of employment; or inability of the owner to maintain
the property due to physical or mental disability or the permanent departure of children
from the homestead.
deleted text end
(c) For purposes of this subdivision, the following terms have the meanings given
them.
(1) "Acquiring authority" means counties, towns, and statutory and home rule
charter cities in the metropolitan area.
(2) "Homestead property" meansnew text begin : (i)new text end a single-family dwelling occupied by the
owner, and the surrounding land, not exceeding a total of ten acresnew text begin ; or (ii) a manufactured
home, as defined in section 327B.01, subdivision 13new text end .
(3) "Salvage value" means the probable sale price of the dwelling and other property
that is severable from the land if offered for sale on the condition that it be removed from
the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
of the possible uses of the property, including separate use of serviceable components and
scrap when there is no other reasonable prospect of sale.
Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:
The council may use for the
purposes of sections 473.405 to 473.449 upon the conditions stated in this subdivision
any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
other appurtenance of a roadway, without payment of any compensation, provided the
use does not interfere unreasonably with the public use or maintenance of the roadway or
appurtenance or entail any substantial additional costs for maintenance. The provisions of
this subdivision do not apply to the property of any common carrier railroad or common
carrier railroads. The consent of the public agency in charge of such state highway or other
public highway or roadway or appurtenance is not required; except that if the council seeks
to use a designated parkway for regular route service in the city of Minneapolis, it must
obtain permission from and is subject to reasonable limitations imposed by a joint board
consisting of two representatives from the council, two members of the board of park
commissioners, and a fifth member jointly selected by the deleted text begin representatives of the council
and the parkdeleted text end new text begin other members of thenew text end board.new text begin If the use is a designated Minneapolis parkway
for regular route service adjacent to the city of Minneapolis, it must obtain permission
from and is subject to reasonable limitations imposed by a joint board consisting of two
representatives from the council, two members of the board of park commissioners, and a
fifth member jointly selected by other members of the board. The joint board must include
a nonvoting member appointed by the council of the city in which the parkway is located.
new text end
The board of park commissioners and the council may designate persons to sit on
the joint board. In considering a request by the council to use designated parkways for
additional routes or trips, the joint board consisting of the council or their designees,
the board of park commissioners or their designees, and the fifth member, shall base its
decision to grant or deny the request based on the criteria to be established by the joint
board. The decision to grant or deny the request must be made within 45 days of the
date of the request. The park board must be notified immediately by the council of any
temporary route detours. If the park board objects to the temporary route detours within
five days of being notified, the joint board must convene and decide whether to grant the
request, otherwise the request is deemed granted. If the agency objects to the proposed
use or claims reimbursement from the council for additional cost of maintenance, it may
commence an action against the council in the district court of the county wherein the
highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
in the action must conform to the Rules of Civil Procedure applicable to the district courts.
The court shall sit without jury. If the court determines that the use in question interferes
unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
enjoin the use by the council. If the court determines that the use in question does not
interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
but that it entails substantial additional maintenance costs, the court shall award judgment
to the agency for the amount of the additional costs. Otherwise the court shall award
judgment to the council. An aggrieved party may appeal from the judgment of the district
court in the same manner as is provided for such appeals in other civil actions. The council
may also use land within the right-of-way of any state highway or other public roadway
for the erection of traffic control devices, other signs, and passenger shelters upon the
conditions stated in this subdivision and subject only to the approval of the commissioner
of transportation where required by statute, and subject to the express provisions of other
applicable statutes and to federal requirements where necessary to qualify for federal aid.
Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
A person who tows and stores a motor vehicle
at the request of a law enforcement officer shall have a lien on the motor vehicle for the
value of the storage and towing and the right to retain possession of the motor vehicle
until the lien is lawfully discharged. This section does not apply to tows deleted text begin authorized
in section 169.041, subdivision 4, clause (1)deleted text end new text begin of vehicles parked in violation of snow
emergency regulationsnew text end .
Laws 2008, chapter 287, article 1, section 122, is amended to read:
(a) Any extinguishment of town interest in a town road under Minnesota Statutes,
section 164.06, subdivision 2, is hereby nullified if:
(1) the interest was not recorded or filed with the county recorder but was recorded
or filed with the county auditor prior to 1972;
(2) the state or a political subdivision has constructednew text begin or fundednew text end a road or bridge
improvement on a right-of-way affected by the interest;
(3) the affected road was the only means of access to a property;
(4) the extinguishment took place within the last ten years; and
(5) a person whose only access to property was lost because of the extinguishment
files a petition of a nullification with the town board stating that the person's property
became landlocked because of the extinguishment and that the road satisfies all of the
requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
recorded with the county auditor must be attached to the petition. The town shall file the
petition with the county auditor and record it with the county recorder.
(b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and
541.023, for any nullification under paragraph (a), the affected road is hereby deemed to
be a cartway. No additional damages or other payments may be required other than those
paid at the time the fee interest was originally acquired and the order filed with the county
auditor. A cartway created by this paragraph may be converted to a private driveway
under Minnesota Statutes, section 164.08, subdivision 2.
(c) For purposes of this section, "affected road" means the road in which the town
board extinguished its interest.
new text begin
This section is effective the day following final enactment.
new text end
Laws 2009, chapter 36, article 1, section 1, is amended to read:
Section 1. SUMMARY OF APPROPRIATIONS.
|
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
2010 |
2011 |
Total |
||||
General |
$ |
98,385,000 |
$ |
deleted text begin
95,885,000 deleted text end new text begin 95,933,000 new text end |
$ |
deleted text begin
194,270,000 deleted text end new text begin 194,318,000 new text end |
Airports |
21,909,000 |
19,659,000 |
41,568,000 |
|||
C.S.A.H. |
496,786,000 |
524,478,000 |
1,021,264,000 |
|||
M.S.A.S. |
134,003,000 |
141,400,000 |
275,403,000 |
|||
Special Revenue |
49,038,000 |
deleted text begin
49,038,000 deleted text end new text begin 49,088,000 new text end |
deleted text begin
98,076,000 deleted text end new text begin 98,126,000 new text end |
|||
H.U.T.D. |
9,538,000 |
deleted text begin
9,838,000 deleted text end new text begin 9,945,000 new text end |
deleted text begin
19,376,000 deleted text end new text begin 19,483,000 new text end |
|||
Trunk Highway |
1,264,921,000 |
deleted text begin
1,372,687,000 deleted text end new text begin 1,372,496,000 new text end |
deleted text begin
2,637,608,000 deleted text end new text begin 2,637,417,000 new text end |
|||
new text begin
Transit Assistance new text end |
new text begin
-0- new text end |
new text begin
72,000 new text end |
new text begin
72,000 new text end |
|||
Total |
$ |
2,074,580,000 |
$ |
deleted text begin
2,212,985,000
deleted text end
new text begin
2,213,071,000 new text end |
$ |
deleted text begin
4,287,565,000
deleted text end
new text begin
4,287,651,000 new text end |
new text begin
This section is effective July 1, 2010.
new text end
Laws 2009, chapter 36, article 1, section 3, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
1,848,892,000 |
$ |
deleted text begin
1,987,197,000
deleted text end
new text begin
1,987,233,000 new text end |
Appropriations by Fund |
||
2010 |
2011 |
|
General |
18,191,000 |
deleted text begin
15,691,000 deleted text end new text begin 15,727,000 new text end |
Airports |
21,859,000 |
19,609,000 |
C.S.A.H. |
496,786,000 |
524,478,000 |
M.S.A.S. |
134,003,000 |
141,400,000 |
Trunk Highway |
1,178,053,000 |
1,286,019,000 |
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Laws 2009, chapter 36, article 1, section 3, subdivision 2, is amended to read:
Subd. 2.Multimodal Systems
|
(a) Aeronautics |
(1) Airport Development and Assistance |
16,548,000 |
14,298,000 |
This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.
Notwithstanding Minnesota Statutes, section
360.305, subdivision 4, paragraph (c),
of the appropriation in fiscal year 2010,
the commissioner may provide a local
contribution for aeronautics project elements
if:
(1) federal funds are made available for the
project in federal fiscal year 2009 by the
United States Department of Transportation,
Federal Aviation Administration from the
airport improvement program under United
States Code, title 49, section 47101, et seq.;
(2) the project requires a five percent match
from nonfederal sources; and
(3) the airport is not classified as a key
system airport, as provided in Minnesota
Statutes, section 360.305, subdivision 3.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after appropriation.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
If the appropriation for either year does not
exhaust the balance in the state airports fund,
the commissioner of finance, upon request
of the commissioner of transportation,
shall notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of the amount
of the remainder and shall then add that
amount to the appropriation. The amount
added is appropriated for the purpose of
airport development and assistance and must
be spent according to Minnesota Statutes,
section 360.305, subdivision 4.
(2) Aviation Support and Services |
6,123,000 |
6,123,000 |
Appropriations by Fund |
||
Airports |
5,286,000 |
5,286,000 |
Trunk Highway |
837,000 |
837,000 |
$65,000 the first year and $65,000 the second
year from the state airports fund are for the
Civil Air Patrol.
(b) Transit |
18,036,000 |
15,536,000 |
Appropriations by Fund |
||
General |
17,261,000 |
deleted text begin
14,761,000 deleted text end new text begin 14,797,000 new text end |
Trunk Highway |
775,000 |
775,000 |
The base appropriation from the general fund
for fiscal years 2012 and 2013 is $17,261,000
for each year.
Of these appropriations from the general
fund, $19,300 in each year is for the
administrative expenses of the Minnesota
Council on Transportation Access, and for
other costs relating to the preparation of
required reports, including the costs of hiring
a consultant, if the council is created.
new text begin
Of these appropriations from the general
fund, $36,000 in the second year is for a grant
to the city of St. Cloud for transit service for
disabled veterans under Minnesota Statutes,
section 473.408, subdivision 10.
new text end
(c) Commuter and Passenger Rail |
500,000 |
500,000 |
This appropriation is from the general fund
for (1) development of the comprehensive
statewide freight and passenger rail plan
under Minnesota Statutes, section 174.03,
subdivision 1b, and (2) passenger rail
system planning, alternatives analysis,
environmental analysis, design, preliminary
engineering, and land acquisition under
Minnesota Statutes, sections 174.632 to
174.636.
(d) Freight |
5,262,000 |
5,262,000 |
Appropriations by Fund |
||
General |
365,000 |
365,000 |
Trunk Highway |
4,897,000 |
4,897,000 |
The commissioner of transportation shall
enter into an agreement to either forgive
any money due (approximately $2,851,118)
on loan agreements 65572 and 67106 or
convert the loans to grants. The loans were
made to the Buffalo Ridge Regional Railroad
Authority, which was established by Rock
and Nobles Counties, to enable the counties
to purchase and rehabilitate 41.4 miles of rail
line providing transportation service to the
counties. The agreement must ensure that all
terms, provisions, and conditions of the loan
agreements are deemed to be fully satisfied
and performed on the part of the railroad
authority and counties. If the railroad
authority sells all or any part of the rail line
that has been rehabilitated with either of the
loans, the railroad authority must pay the
net proceeds to the commissioner, up to the
amount loaned.
Laws 2009, chapter 36, article 1, section 3, subdivision 3, is amended to read:
Subd. 3.State Roads
|
(a) Infrastructure Operations and Maintenance |
251,643,000 |
245,892,000 |
The base appropriation for fiscal years 2012
and 2013 is $257,395,000 for each year.
(b) Infrastructure Investment and Planning |
(1) Infrastructure Investment Support |
201,461,000 |
196,935,000 |
The base appropriation for fiscal years 2012
and 2013 is $205,988,000 for each year.
$266,000 the first year and $266,000 the
second year are available for grants to
metropolitan planning organizations outside
the seven-county metropolitan area.
$75,000 the first year and $75,000 the
second year are for a transportation research
contingent account to finance research
projects that are reimbursable from the
federal government or from other sources.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
$600,000 the first year and $600,000
the second year are available for grants
for transportation studies outside the
metropolitan area to identify critical
concerns, problems, and issues. These
grants are available (1) to regional
development commissions; (2) in regions
where no regional development commission
is functioning, to joint powers boards
established under agreement of two or
more political subdivisions in the region to
exercise the planning functions of a regional
development commission; and (3) in regions
where no regional development commission
or joint powers board is functioning, to the
department's district office for that region.
new text begin
$200,000 the second year is for grants
to nonprofit job training centers for: (1)
job training programs related to highway
construction; and (2) business training for
companies that are certified disadvantaged
business enterprises.
new text end
(2) State Road Construction |
551,300,000 |
598,700,000 |
The base appropriation for fiscal years 2012
and 2013 is $635,000,000 for each year.
It is estimated that these appropriations will
be funded as follows:
Appropriations by Fund |
||
Federal Highway Aid |
301,100,000 |
388,500,000 |
Highway User Taxes |
250,200,000 |
210,200,000 |
The commissioner of transportation shall
notify the chairs and ranking minority
members of the senate and house of
representatives committees with jurisdiction
over transportation finance of any significant
events that should cause these estimates to
change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payment to landowners for
lands acquired for highway rights-of-way,
payment to lessees, interest subsidies, and
relocation expenses.
new text begin
The commissioner may spend up to $500,000
of trunk highway funds in fiscal year 2011
to pay the operating costs of bus service
between Hastings and Minneapolis-St. Paul
to mitigate the traffic impacts of the project
involving construction of a bridge crossing
the Mississippi River in the city of Hastings
on marked Trunk Highway 61.
new text end
The commissioner shall expend up to
one-half of one percent of the federal
appropriations under this paragraph as grants
to opportunity industrialization centers and
other nonprofit job training centers for
job training programs related to highway
construction.
The commissioner may transfer up to
$15,000,000 each year to the transportation
revolving loan fund.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts are
appropriated to the commissioner for these
projects.
(3) Highway Debt Service |
101,170,000 |
173,400,000 |
$86,517,000 the first year and $157,304,000
the second year are for transfer to the state
bond fund. If this appropriation is insufficient
to make all transfers required in the year for
which it is made, the commissioner of finance
shall notify the Committee on Finance of
the senate and the Committee on Ways and
Means of the house of representatives of
the amount of the deficiency and shall then
transfer that amount under the statutory open
appropriation. Any excess appropriation
cancels to the trunk highway fund.
(c) Electronic Communications |
5,177,000 |
5,177,000 |
Appropriations by Fund |
||
General |
9,000 |
9,000 |
Trunk Highway |
5,168,000 |
5,168,000 |
The general fund appropriation is to equip
and operate the Roosevelt signal tower for
Lake of the Woods weather broadcasting.
new text begin
This section is effective July 1, 2010.
new text end
Laws 2009, chapter 36, article 1, section 5, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
152,478,000 |
$ |
deleted text begin
152,578,000
deleted text end
new text begin
152,628,000 new text end |
Appropriations by Fund |
||
2010 |
2011 |
|
General |
7,959,000 |
deleted text begin
7,959,000 deleted text end new text begin 7,971,000 new text end |
Special Revenue |
49,038,000 |
deleted text begin
49,038,000 deleted text end new text begin 49,088,000 new text end |
H.U.T.D. |
9,413,000 |
deleted text begin
9,713,000 deleted text end new text begin 9,820,000 new text end |
Trunk Highway |
86,068,000 |
deleted text begin
85,868,000 deleted text end new text begin 85,677,000 new text end |
new text begin
Transit Assistance new text end |
new text begin
-0- new text end |
new text begin
72,000 new text end |
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text begin
This section is effective July 1, 2010.
new text end
Laws 2009, chapter 36, article 1, section 5, subdivision 3, is amended to read:
Subd. 3.State Patrol
|
(a) Patrolling Highways |
71,522,000 |
deleted text begin
71,522,000 deleted text end new text begin 71,331,000 new text end |
Appropriations by Fund |
||
General |
37,000 |
37,000 |
H.U.T.D. |
92,000 |
92,000 |
Trunk Highway |
71,393,000 |
deleted text begin
71,393,000 deleted text end new text begin 71,202,000 new text end |
new text begin
The base appropriation from the trunk
highway fund in fiscal years 2012 and 2013
is $71,393,000 for each fiscal year.
new text end
(b) Commercial Vehicle Enforcement |
7,996,000 |
7,796,000 |
This appropriation is from the trunk highway
fund.
$800,000 the first year and $600,000 the
second year are for the Office of Pupil
Transportation Safety.
(c) Capitol Security |
3,113,000 |
3,113,000 |
This appropriation is from the general fund.
The commissioner may not: (1) spend
any money from the trunk highway fund
for capitol security; or (2) permanently
transfer any state trooper from the patrolling
highways activity to capitol security.
The commissioner may not transfer any
money: (1) appropriated for Department of
Public Safety administration, the patrolling of
highways, commercial vehicle enforcement,
or driver and vehicle services to capitol
security; or (2) from capitol security.
new text begin
(d) Vehicle Crimes Unit new text end |
new text begin
-0- new text end |
new text begin
191,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
12,000 new text end |
new text begin
Transit Assistance new text end |
new text begin
-0- new text end |
new text begin
72,000 new text end |
new text begin
H.U.T.D. new text end |
new text begin
-0- new text end |
new text begin
107,000 new text end |
new text begin
This appropriation is to investigate: (1)
registration tax and motor vehicle sales tax
liabilities from individuals and businesses
that currently do not pay all taxes owed; and
(2) illegal or improper activity related to sale,
transfer, titling, and registration of motor
vehicles. This initiative is expected to result
in new revenues for the biennium as follows:
new text end
new text begin
(1) $114,000 for the highway user tax
distribution fund;
new text end
new text begin
(2) $75,000 for the transit assistance fund;
and
new text end
new text begin
(3) $13,000 for the general fund.
new text end
new text begin
The general fund appropriation for fiscal year
2011 is a onetime appropriation.
new text end
new text begin
Notwithstanding the appropriation under
section 16A.88, subdivision 2, $65,000 of
the amount appropriated in fiscal year 2011
is from the metropolitan area transit account
in the transit assistance fund. The base
appropriation from the metropolitan area
transit account in fiscal years 2012 and 2013
is $250,000 for each fiscal year.
new text end
new text begin
Notwithstanding the appropriation under
section 16A.88, subdivision 1a, $7,000 of
the amount appropriated in fiscal year 2011
is from the greater Minnesota transit account
in the transit assistance fund. The base
appropriation from the greater Minnesota
transit account in fiscal years 2012 and 2013
is $27,000 for each fiscal year.
new text end
new text begin
The base appropriation from the highway
user tax distribution fund in fiscal years 2012
and 2013 is $416,000 for each fiscal year.
new text end
new text begin
By February 1, 2015, the commissioner shall
submit a report to the house of representatives
and senate committees having jurisdiction
over transportation finance on the revenues
generated by the Vehicle Crimes Unit. This
report must be made available electronically
and made available in print only upon
request.
new text end
new text begin
This section is effective July 1, 2010.
new text end
Laws 2009, chapter 36, article 1, section 5, subdivision 4, is amended to read:
Subd. 4.Driver and Vehicle Services
|
(a) Vehicle Services |
26,909,000 |
deleted text begin
27,209,000 deleted text end new text begin 27,259,000 new text end |
Appropriations by Fund |
||
Special Revenue |
18,973,000 |
deleted text begin
18,973,000 deleted text end new text begin 19,023,000 new text end |
H.U.T.D. |
7,936,000 |
8,236,000 |
The special revenue fund appropriation is
from the vehicle services operating account.
new text begin
Of the appropriation for fiscal year 2011
from the special revenue fund, $50,000 is
for assistance to the Vehicle Crimes Unit in
investigations as provided under subdivision
3, paragraph (d).
new text end
(b) Driver Services |
28,712,000 |
28,712,000 |
Appropriations by Fund |
||
Special Revenue |
28,711,000 |
28,711,000 |
Trunk Highway |
1,000 |
1,000 |
The special revenue fund appropriation is
from the driver services operating account.
new text begin
This section is effective July 1, 2010.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the
commissioner of public safety, limiting sites for the office of deputy registrar based
on either the distance to an existing deputy registrar office or the annual volume of
transactions processed by any deputy registrar, the commissioner of public safety shall
appoint a municipal deputy registrar of motor vehicles for the city of Farmington to
operate a new full-service Office of Deputy Registrar, with full authority to function
as a registration and motor vehicle tax collection bureau, at the city hall in the city of
Farmington. All other provisions regarding the appointment and operation of a deputy
registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota
Rules, chapter 7406, apply to the office.
new text end
new text begin
This section is effective the day after
the governing body of the city of Farmington and its chief clerical officer timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end
new text begin
(a) The commissioner of transportation shall, as part of the next regular update of
appropriate design and highway construction manuals, develop specifications or standards
on the design of roundabouts. The specifications or standards must include consideration
of the suitability of roundabout designs for commercial motor vehicles, as defined in
Minnesota Statutes, section 169.011, subdivision 16.
new text end
new text begin
(b) In developing the specifications or standards, the commissioner shall consult
with:
new text end
new text begin
(1) the Minnesota Trucking Association; and
new text end
new text begin
(2) representatives, as identified by the commissioner, of persons who regularly
obtain oversize or overweight permits under Minnesota Statutes, chapter 169, and are
reasonably likely to travel on routes that would include a roundabout.
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(c) The commissioner shall distribute the specifications or standards, or a similar
advisory guidance document, to local road authorities.
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This section is effective the day following final enactment.
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The Metropolitan Council shall designate a Northstar commuter rail station at the
city of Ramsey in the vicinity of the city of Ramsey Municipal Center as the next infill
station to be constructed on the Northstar commuter rail line and shall identify the station
as a regional priority in the council's capital improvement program.
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By January 15, 2011, the commissioner of transportation shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance on the feasibility of utilizing any potential value capture
options or potential public-private partnerships, which may include charging tolls, for
construction of a new bridge over the St. Croix River at or near Stillwater. The report
must be submitted electronically.
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The commissioner of transportation shall submit to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
transportation policy and finance reports that:
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(1) by January 15, 2011, summarize the department's complete streets initiatives,
summarize steps taken to expedite and improve the transparency of the state-aid variance
process related to complete streets, outline plans to develop and implement a complete
streets policy, and identify any statutory barriers to complete streets implementation;
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(2) by January 15, 2012, summarize the results of the collaboration under Minnesota
Statutes, section 174.75, subdivision 3; identify modifications made to or recommended
for protocols, guidance, standards, or other requirements to facilitate complete streets
implementation; report status of development of complete streets performance indicators;
outline other work planned related to the complete streets policy; and identify statutory
recommendations to facilitate complete streets policy implementation; and
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(3) by January 15, 2014, overview the department's implementation of complete
streets policy; note updates to protocols, guidance, standards, or requirements; identify
any recommendations for supporting local complete streets implementation under the
state-aid standards variance process; and identify statutory recommendations to facilitate
complete streets policy implementation.
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The reports in clauses (1), (2), and (3) must be made available electronically and
made available in print only upon request.
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$30,000,000 is appropriated from the bond proceeds account in the trunk highway
fund in fiscal year 2011 to the commissioner of transportation for the actual construction,
reconstruction, and improvement of trunk highways, including design-build contracts and
consultant usage to support these activities. This includes the cost of actual payments to
landowners for lands acquired for highway rights-of-way, payments to lessees, interest
subsidies, and relocation expenses. The commissioner may use up to $5,100,000 of this
amount for program delivery.
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$70,000,000 is appropriated from the bond proceeds account in the trunk highway
fund in fiscal year 2011 to the commissioner of transportation for construction of
interchanges involving a trunk highway, where the interchange will promote economic
development, increase employment, relieve growing traffic congestion, and promote traffic
safety. The amount under this paragraph must be allocated 50 percent to the department's
metropolitan district, and 50 percent to districts in greater Minnesota.
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$100,000 is appropriated from the bond proceeds account in the trunk highway fund
to the commissioner of finance for bond sale expenses under Minnesota Statutes, sections
16A.641, subdivision 8, and 167.50, subdivision 4.
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To provide the money appropriated in sections 43, 44, and 45 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 $100,100,000 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
deposited in the bond proceeds account in the trunk highway fund.
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This section is effective the day following final enactment.
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The actions of the commissioner of public safety in establishing physical
qualifications for type III vehicle drivers are not rulemaking for purposes of Minnesota
Statutes, chapter 14, are not subject to the Administrative Procedure Act contained in
Minnesota Statutes, chapter 14, and are not subject to Minnesota Statutes, section 14.386.
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(a)
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Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4,
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are repealed.
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(b)
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Minnesota Statutes 2008, sections 221.161, subdivisions 2 and 3; and 221.291,
subdivision 5,
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are repealed.
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(c)
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Minnesota Statutes 2009 Supplement, sections 221.161, subdivisions 1 and 4;
and 221.171,
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are repealed.
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(d)
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Minnesota Rules, parts 7805.0300; and 7805.0400,
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are repealed.
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