Minnesota Legislature
SF 2540
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to transportation; modifying or adding provisions relating to
1.3transportation tax compliance and appropriations, easements, transportation
1.4construction impacts on business, rest areas, highways, bridges, pavement,
1.5special license plates, deputy registrars, vehicles, impounds, towing, quick
1.6clearance of highway obstructions, intersection gridlock, bus operation,
1.7various traffic regulations, cargo tank vehicle weight exemptions, driver
1.8records, transportation department goals and mission, a Minnesota Council of
1.9Transportation Access, a Commuter Rail Corridor Coordinating Committee,
1.10railroad track safety, motor carriers, allocation of certain traffic fine proceeds,
1.11airport authorities, property acquisition for highways, transit, town road
1.12interest extinguishment nullification, roundabouts design, and a pilot program
1.13to obtain federal assistance for transportation projects; delaying effective
1.14date of amendment to definition of passenger automobile; requiring reports;
1.15making technical and clarifying changes; appropriating money;amending
1.16Minnesota Statutes 2008, sections 117.225; 161.14, by adding subdivisions;
1.17161.32, by adding a subdivision; 165.14, subdivisions 4, 5; 168.002, by adding
1.18a subdivision; 168.12, subdivision 2b; 168.123, by adding a subdivision;
1.19168.1293; 168.33, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision
1.203; 169.04; 169.041, subdivision 5, by adding a subdivision; 169.15; 169.306;
1.21169.345, subdivision 1; 169.87, by adding a subdivision; 171.12, subdivision 6;
1.22174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.185; 174.22, by adding a
1.23subdivision; 174.23, subdivisions 1, 2; 174.24, subdivisions 2, 3b, by adding a
1.24subdivision; 174.247; 174.86, subdivision 5; 219.01; 221.012, subdivision 38, by
1.25adding a subdivision; 360.061, subdivision 3; 473.167, subdivision 2a; 473.411,
1.26subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009 Supplement,
1.27sections 160.165; 161.14, subdivision 62; 169.865, subdivision 1; 174.24,
1.28subdivisions 1a, 5; 299D.03, subdivision 5; Laws 2008, chapter 287, article 1,
1.29section 122; Laws 2008, chapter 350, article 1, section 5; Laws 2009, chapter
1.3036, article 1, sections 1; 5, subdivisions 1, 3, 4; proposing coding for new law
1.31in Minnesota Statutes, chapters 160; 174; 221; repealing Minnesota Statutes
1.322008, section 169.041, subdivisions 3, 4.
1.33BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.3 Section 1. Laws 2009, chapter 36, article 1, section 1, is amended to read:
2.5 The amounts shown in this section summarize direct appropriations, by fund, made
2.6in this article.
2.22EFFECTIVE DATE.This section is effective July 1, 2010.
2.23 Sec. 2. Laws 2009, chapter 36, article 1, section 5, subdivision 1, is amended to read:
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.4EFFECTIVE DATE.This section is effective July 1, 2010.
3.5 Sec. 3. Laws 2009, chapter 36, article 1, section 5, subdivision 3, is amended to read:
3.14The base appropriation from the trunk
3.15highway fund in fiscal years 2012 and 2013
3.16is $71,393,000 for each fiscal year.
3.18This appropriation is from the trunk highway
3.19fund.
3.20$800,000 the first year and $600,000 the
3.21second year are for the Office of Pupil
3.22Transportation Safety.
3.24This appropriation is from the general fund.
3.25The commissioner may not: (1) spend
3.26any money from the trunk highway fund
3.27for capitol security; or (2) permanently
3.28transfer any state trooper from the patrolling
3.29highways activity to capitol security.
3.30The commissioner may not transfer any
3.31money: (1) appropriated for Department of
3.32Public Safety administration, the patrolling of
3.33highways, commercial vehicle enforcement,
4.1or driver and vehicle services to capitol
4.2security; or (2) from capitol security.
4.8This appropriation is to investigate
4.9registration tax and motor vehicle sales tax
4.10liabilities from individuals and businesses
4.11that currently do not pay all taxes owed
4.12and illegal or improper activity related to
4.13sale, transfer, titling, and registration of
4.14motor vehicles. The commissioner shall
4.15staff the Vehicle Crimes Unit in a manner
4.16that minimizes overall personnel costs, and
4.17assigns all duties and functions as reasonable
4.18and appropriate to employees who are not
4.19peace officers, as provided in Minnesota
4.20Statutes, section 299D.06. This initiative is
4.21expected to result in new revenues for the
4.22biennium as follows:
4.23(1) $114,000 for the highway user tax
4.24distribution fund;
4.25(2) $75,000 for the transit assistance fund;
4.26and
4.27(3) $13,000 for the general fund.
4.28The general fund appropriation for fiscal year
4.292011 is a onetime appropriation.
4.30Notwithstanding the appropriation under
4.31Minnesota Statutes, section 16A.88,
4.32subdivision 2, $65,000 of the amount
4.33appropriated in fiscal year 2011 is from the
4.34metropolitan area transit account in the transit
4.35assistance fund. The base appropriation from
5.1the metropolitan area transit account in fiscal
5.2years 2012 and 2013 is $250,000 for each
5.3fiscal year.
5.4Notwithstanding the appropriation under
5.5Minnesota Statutes, section 16A.88,
5.6subdivision 1a, $7,000 of the amount
5.7appropriated in fiscal year 2011 is from
5.8the greater Minnesota transit account
5.9in the transit assistance fund. The base
5.10appropriation from the greater Minnesota
5.11transit account in fiscal years 2012 and 2013
5.12is $27,000 for each fiscal year.
5.13The base appropriation from the highway
5.14user tax distribution fund in fiscal years 2012
5.15and 2013 is $416,000 for each fiscal year.
5.16By February 1, 2015, the commissioner shall
5.17submit a report to the house of representatives
5.18and senate committees having jurisdiction
5.19over transportation finance on the revenues
5.20generated by the Vehicle Crimes Unit.
5.21EFFECTIVE DATE.This section is effective July 1, 2010.
5.22 Sec. 4. Laws 2009, chapter 36, article 1, section 5, subdivision 4, is amended to read:
5.30The special revenue fund appropriation is
5.31from the vehicle services operating account.
5.32Of the appropriation for fiscal year 2011
5.33from the special revenue fund, $50,000 is
5.34for assistance to the Vehicle Crimes Unit in
6.1investigations as provided under subdivision
6.23, paragraph (d).
6.7The special revenue fund appropriation is
6.8from the driver services operating account.
6.9EFFECTIVE DATE.This section is effective July 1, 2010.
6.12 Section 1. Minnesota Statutes 2008, section 117.225, is amended to read:
6.13117.225 EASEMENT DISCHARGE.
6.14Whenever claiming that an easement or portion of an easement acquired by
6.15condemnation is not being used for the purposes for which it was acquired, the underlying
6.16fee owner may apply to the district court of the county in which the land is situated for an
6.17order discharging the easement or portion of the easement, upon such terms as are just and
6.18equitable. Due notice of said application shall be given to all interested parties. Provided,
6.19however, this section shall not apply to easements or portions of easements acquired by
6.20condemnation by a public service corporation now or hereafter doing business in the
6.21state of Minnesota.
6.22 Sec. 2. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:
6.23160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
6.24ON BUSINESS.
6.25 Subdivision 1. Definitions. For the purposes of this section, the following terms
6.26have the meanings given:
6.27(1) "project" means construction work to maintain, construct, reconstruct, or
6.28improve a street or highway or for a rail transit project;
6.29(2) "substantial business impacts" means impairment of road access, parking, or
6.30visibility for one or more business establishments as a result of a project, for a minimum
6.31period of one month; and
7.1(3) "transportation authority" means the commissioner, as to trunk highways; the
7.2county board, as to county state-aid highways and county highways; the town board, as to
7.3town roads;and statutory or home rule charter cities, as to city streets; the Metropolitan
7.4Council, for rail transit projects located entirely within the metropolitan area as defined in
7.5section 473.121, subdivision 2; and the commissioner, for all other rail transit projects.
7.6 Subd. 2. Business liaison. (a) Before beginning construction work on a project,
7.7a transportation authority shall identify whether the project is anticipated to include
7.8substantial business impacts. For such projects, the transportation authority shall designate
7.9an individual to serve as business liaison between the transportation authority and affected
7.10businesses.
7.11(b) The business liaison shall consult with affected businesses before and
7.12during construction to investigate means of mitigating project impacts to businesses.
7.13The mitigation considered must include signage. The business liaison shall provide
7.14information to the identified businesses before and during construction, concerning project
7.15duration and timetables, lane and road closures, detours, access impacts, customer parking
7.16impacts, visibility, noise, dust, vibration, and public participation opportunities.
7.17 Subd. 3. Exception. This section does not apply to construction work in connection
7.18with the Central Corridor light rail transit line that will connect downtown Minneapolis
7.19and downtown St. Paul.
7.20EFFECTIVE DATE.Subdivision 1 is effective July 1, 2012. Subdivision 3 is
7.21effective July 1, 2010.
7.22 Sec. 3. [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.
7.23 Subdivision 1. Prohibited activities. It is unlawful at rest areas to:
7.24(1) dispose of travel-related trash and rubbish, except if depositing it in a designated
7.25receptacle;
7.26(2) dump household or commercial trash and rubbish into containers or anywhere
7.27else on site; or
7.28(3) drain or dump refuse or waste from any trailer, recreational vehicle, or other
7.29vehicle except where receptacles are provided and designated to receive the refuse or
7.30waste.
7.31 Subd. 2. Penalty. Violation of this section is a petty misdemeanor.
7.32EFFECTIVE DATE.This section is effective August 1, 2010, and applies to acts
7.33committed on or after that date.
8.1 Sec. 4. Minnesota Statutes 2009 Supplement, section 161.14, subdivision 62, is
8.2amended to read:
8.3 Subd. 62. Clearwater County Veterans Memorial Highway. (a) The following
8.4described route is designated the "Clearwater County Veterans Memorial Highway": that
8.5portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk Highway 200,
8.6from its intersection with Clearwater County State-Aid Highway37 39 to its intersection
8.7with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that
8.8portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5.
8.9(b) The commissioner shall adopt a suitable marking design to mark this highway
8.10and erect appropriate signs, subject to section161.139 .
8.11 Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.12to read:
8.13 Subd. 64. Veterans Memorial Highway. Legislative Route No. 31, signed as
8.14Trunk Highway 200 as of the effective date of this section, from the border with North
8.15Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The
8.16commissioner shall adopt a suitable design to mark this highway and erect appropriate
8.17signs, subject to section 161.139.
8.18 Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.19to read:
8.20 Subd. 65. Becker County Veterans Memorial Highway. Marked Trunk Highway
8.2134, from its intersection with Washington Avenue in Detroit Lakes to its intersection with
8.22County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection
8.23with County State-Aid Highway 33 to its intersection with County State-Aid Highway
8.2439, is named and designated the "Becker County Veterans Memorial Highway." Subject
8.25to section 161.139, the commissioner shall adopt a suitable marking design to mark this
8.26highway and erect appropriate signs.
8.27 Sec. 7. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.28to read:
8.29 Subd. 66. Granite City Crossing. The bridge over the Mississippi River on marked
8.30Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner
8.31of transportation shall adopt a suitable design to mark this bridge and erect appropriate
8.32signs, subject to section 161.139.
9.1 Sec. 8. Minnesota Statutes 2008, section 161.32, is amended by adding a subdivision
9.2to read:
9.3 Subd. 8. Alternative bidding; paving materials. (a) For purposes of this
9.4subdivision, the terms defined in section 174.185, subdivision 1, have the meanings given
9.5them.
9.6(b) For all contracts for an applicable project entered into on or after January 31,
9.72011, the commissioner shall use the standard for life-cycle cost analysis developed under
9.8section 174.185, subdivision 1a, as the basis for alternative bidding in which bidders may
9.9select alternative project designs that use alternative paving materials.
9.10EFFECTIVE DATE.This section is effective the day following final enactment.
9.11 Sec. 9. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
9.12 Subd. 4. Prioritization of bridge projects. (a) The commissioner shall classify all
9.13bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
9.14the commissioner identifies a reason for proceeding otherwise, before commencing bridge
9.15projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
9.16be selected and funded in the approved state transportation improvement program, at
9.17any stage in the project development process, solicited for bids, in contract negotiation,
9.18under construction, or completed.
9.19 (b) The classification of each tier is as follows:
9.20 (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
9.21count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
9.22identified by the commissioner as a priority project;
9.23 (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
9.24fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
9.25 (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
9.26 (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
9.27must be under contract for repair or replacement with a new bridge that contains a
9.28load-path-redundant design, except that a specific bridge may remain in continued service
9.29if the reasons are documented in the report required under subdivision 5.
9.30 (d) All bridge projects funded under this section in fiscal year 2012 or later must
9.31include bicycle and pedestrian accommodations if both sides of the bridge are located in a
9.32city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
9.33Bicycle and pedestrian accommodations would not be required if:
10.1(1) a comprehensive assessment demonstrates that there is an absence of need for
10.2bicycle and pedestrian accommodations for the life of the bridge; or
10.3(2) there is a reasonable alternative bicycle and pedestrian crossing within
10.4one-quarter mile of the bridge project.
10.5All bicycle and pedestrian accommodations should enable a connection to any existing
10.6bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian
10.7facilities must meet or exceed federal accessibility requirements as outlined in Title II of
10.8the Americans with Disabilities Act, codified in United States Code, title 42, chapter
10.9126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United
10.10States Code, title 29, section 794.
10.11(e) The commissioner shall establish criteria for determining the priority of bridge
10.12projects within each tier, and must include safety considerations as a criterion.
10.13EFFECTIVE DATE.This section is effective July 1, 2010.
10.14 Sec. 10. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
10.15 Subd. 5. Statewide transportation planning report. In conjunction with each
10.16update to the Minnesota statewide transportation plan, or at least every six years, the
10.17commissioner shall submit a report to the chairs and ranking minority members of the
10.18house of representatives and senate committees with jurisdiction over transportation
10.19finance. The report must include:
10.20 (1) an explanation of the criteria and decision-making processes used to prioritize
10.21bridge projects;
10.22 (2) a historical and projected analysis of the extent to which all trunk highway
10.23bridges meet bridge performance targets and comply with the accessibility requirements
10.24of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336;
10.25 (3) a summary of bridge projects (i) completed in the previous six years or since the
10.26last update to the Minnesota statewide transportation plan, and (ii) currently in progress
10.27under the program;
10.28 (4) a summary of bridge projects scheduled in the next four fiscal years and included
10.29in the state transportation improvement program;
10.30 (5) a projection of annual needs over the next 20 years;
10.31 (6) a calculation of funding necessary to meet the completion date under subdivision
10.324, paragraph (c), compared to the total amount of bridge-related funding available; and
10.33 (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
10.34explanation of the reasons for repair instead of replacement.
11.1 Sec. 11. Minnesota Statutes 2008, section 168.002, is amended by adding a subdivision
11.2to read:
11.3 Subd. 31a. Special plates. Unless otherwise specified, "special plates" or "special
11.4plate" means plates, or a single motorcycle plate, that are designed with wording or
11.5graphics that differ from a regular Minnesota passenger automobile plate or motorcycle
11.6plate.
11.7EFFECTIVE DATE.This section is effective the day following final enactment.
11.8 Sec. 12. Minnesota Statutes 2008, section 168.12, subdivision 2b, is amended to read:
11.9 Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
11.10special plates, or a single license plate in the case of a motorcycle plate, to any applicant
11.11who:
11.12 (1) is a member of, or has retired after at least 15 years of service as a member
11.13of, a fire department receiving state aid under chapter 69, and has a letter from the fire
11.14chief, and;
11.15(2) is an owner of a passenger automobile, a truck with a manufacturer's nominal
11.16rated capacity of one ton and resembling a pickup truck, or a motorcycle;
11.17(2) (3) pays a fee of $10 and any other fees required by this chapter;
11.18(3) (4) pays the registration tax required by this chapter for the motor vehicle; and
11.19(4) (5) complies with this chapter and rules governing the registration of motor
11.20vehicles and licensing of drivers.
11.21 (b) In lieu of the identification required under subdivision 1, the special plates must
11.22bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
11.23the commissioner.
11.24 (c) Special plates issued under this subdivision may only be used during the period
11.25that the owner of the motor vehicle is a member of a fire department as specified in this
11.26subdivision. When the individual to whom the special plates were issued is no longer a
11.27member of a fire department or when the motor vehicle ownership is transferred, the
11.28owner shall remove the special plates from the motor vehicle. If the commissioner
11.29receives written notification that an individual is no longer qualified for these special
11.30plates, the commissioner shall invalidate the plates and notify the individual of this
11.31action. The individual may retain the plate only upon demonstrating compliance with the
11.32qualifications of this subdivision. Upon removal or invalidation of the special plates, or
11.33special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
11.34regular plates or a regular motorcycle plate for the proper registration classification for
11.35the motor vehicle.
12.1 (d) A special motorcycle license plate issued under this subdivision must be the
12.2same size as a standard motorcycle license plate.
12.3 (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
12.4automobile or truck may be transferred to another passenger automobile or truck owned
12.5or jointly owned by the person to whom the plates were issued. On payment of a fee of
12.6$5, a plate issued under this subdivision for a motorcycle may be transferred to another
12.7motorcycle owned or jointly owned by the person to whom the plate was issued.
12.8 (f) The commissioner may adopt rules under the Administrative Procedure Act,
12.9sections14.001 to
14.69 , to govern the issuance and use of the special plates authorized
12.10in this subdivision.
12.11 Sec. 13. Minnesota Statutes 2008, section 168.123, is amended by adding a subdivision
12.12to read:
12.13 Subd. 2b. Eligibility; combat wounded plate. A member of the United States
12.14armed forces who is serving actively in the military and who is a recipient of the purple
12.15heart medal is also eligible for the license plate under subdivision 2, paragraph (e). The
12.16commissioner of public safety shall ensure that information regarding the required proof
12.17of eligibility for any applicant under this subdivision who has not yet been issued military
12.18discharge papers is distributed to the public officials responsible for administering this
12.19section.
12.20EFFECTIVE DATE.This section is effective August 1, 2010.
12.21 Sec. 14. Minnesota Statutes 2008, section 168.1293, is amended to read:
12.22168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
12.23DISCONTINUANCE.
12.24 Subdivision 1. Definition. For purposes of this sectionand section
168.1297
12.25following terms have the meanings given them:
12.26(1) "new special plate" or "proposed special plate" means a special plateauthorized
12.27by sections
168.12, subdivisions 2b and 2e;
168.1235; and
168.129, to have wording and
12.28graphics that differ from a Minnesota passenger vehicle plate. that is not authorized under
12.29this chapter and for which legislation authorizing the plate, including but not limited to a
12.30bill or amendment, is introduced or presented to the legislature; and
12.31(2) "proximate special plate" means a special plate (i) authorized under section
12.32168.12, subdivisions 2b and 2e ;
168.1235 ; or
168.129 ; or (ii) authorized in law on or
12.33after August 1, 2010.
13.1 Subd. 1a. Establishment of plate. The commissioner may only establish a special
13.2plate as authorized under this chapter. This requirement does not apply to alternative
13.3or additional designs for a special plate.
13.4 Subd. 2. Submissions to commissioner. (a) A person, legal entity, or other
13.5requester, however organized, that plans to seek legislation establishing a new special
13.6plate, or is a proponent of a new special plate, shall submit the following information and
13.7fee to the commissioner:
13.8(1) The requester shall submit a request for the special plate being sought, describing
13.9theproposed special plate in general terms, the purpose of the plate, and the proposed fee
13.10or minimum contribution required for the plate.
13.11(2) The requester shall submit the results of a scientific sample survey of Minnesota
13.12motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend
13.13to purchase the proposed plate with the proposed fee or minimum contribution. The
13.14requester's plan to undertake the survey must be reported to the commissioner before the
13.15survey is undertaken. The survey must be performed independently of the requester by
13.16another person or legal entity, however organized, that conducts similar sample surveys
13.17in the normal course of business.
13.18(3) The requester shall submit an application fee of $20,000, to cover the cost of
13.19reviewing the application for a new plate and developing the new special plate if authorized
13.20by law. State funds may not be used to pay the application fee. This requirement does not
13.21apply if legislation or a bill introduced to the legislature proposing the new special plate
13.22contains a mechanism by which all costs incurred by the commissioner for development
13.23and implementation of the plate are covered, provided that the application fee subsequently
13.24does apply if such a mechanism is not enacted in the law authorizing the new special plate.
13.25(4) The requester shall submit a marketing strategy that contains (i) short-term and
13.26long-term marketing plans for the requested plate, and (ii) a financial analysis showing
13.27the anticipated revenues and the planned expenditures of any fee or contribution derived
13.28from the requested plate.
13.29(b) The requester shall submit the information required under paragraph (a) to the
13.30commissioner at least 120 days before the convening of the next regular legislative session
13.31at which the requester will submit the proposal.
13.32 Subd. 2a. Information for legislature. (a) Within 15 days of the introduction of a
13.33bill proposing a new special plate, the commissioner shall submit a briefing to the chairs
13.34and ranking minority members of the house of representatives and senate committees to
13.35which the bill was referred. At a minimum, the briefing must:
13.36(1) summarize the requirements for a special plate under this section; and
14.1(2) identify which of the requirements have been met for the proposed special plate.
14.2(b) If a proposed special plate is a topic of discussion at a legislative committee
14.3hearing, the commissioner shall make every reasonable effort to provide testimony. The
14.4testimony must include the information required in the briefing under paragraph (a).
14.5(c) Notwithstanding section 3.195, the commissioner may submit the briefing under
14.6paragraph (a) by submitting an electronic version rather than a printed version.
14.7 Subd. 3. Design; redesign. (a) If the proposednew special plate sought by the
14.8requester is approved by law, the requester shall submit the proposed design for the plate
14.9to the commissioner as soon as practicable, but not later than 120 days after the effective
14.10date of the law authorizing issuance of the plate. The commissioner is responsible for
14.11selecting the final design for the special plate.
14.12(b) The requester that originally requested a new special plate subsequently approved
14.13by law may not submit a new design for the plate within the five years following the date
14.14of first issuance of the plate unless the inventory of those plates has been exhausted.
14.15The requester may deplete the remaining inventory of the plates by reimbursing the
14.16commissioner for the cost of the plates.
14.17 Subd. 4. Refund of fee. If the special plate requested is not authorized in the
14.18legislative session at which authorization was sought, the commissioner shall, if
14.19applicable, refund $17,500 of the application fee to the requester.
14.20 Subd. 5. Discontinuance of plate. (a) The commissioner shall discontinue the
14.21issuance or renewal of any proximate special plateauthorized by sections
168.12,
14.22subdivisions 2b and 2e
;
168.1235; and
168.129, if (1) fewer than 1,000 sets of those
14.23plates are currently registered at the end of the first six years during which the plates are
14.24available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of
14.25any subsequent two-year period following the first six years of availability.
14.26(b) The commissioner shall discontinue the issuance or renewal of any proximate
14.27special plateauthorized by sections
168.12, subdivisions 2b and 2e;
168.1235;
14.28and
168.129
14.29commissioner determines that (1) the fund or requester receiving the contributions no
14.30longer exists, (2) the requester has stopped providing services that are authorized to be
14.31funded from the contribution proceeds, (3) the requester has requested discontinuance, or
14.32(4) contributions have been used in violation of subdivision 6.
14.33(c) Nothing in this subdivision applies to plates issued under section168.123 ,
14.34168.124
,
168.125 ,
168.1251 , or
168.1255 .
14.35(d) Upon commencing discontinuance of a proximate special plate under this
14.36subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and
15.1(2) shall allow retention of any existing plate for the regular period. For purposes of this
15.2paragraph, "regular period" may be, as appropriate, the period specified under section
15.3168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as
15.4otherwise provided by law.
15.5 Subd. 6. Use of contributions. Contributions made as a condition of obtaining a
15.6proximate special plateauthorized by sections
168.12, subdivisions 2b and 2e;
168.1235;
15.7and
168.129
15.8for-profit purposes.
15.9 Subd. 7. Deposit of fee; appropriation. The commissioner shall deposit the
15.10application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services
15.11operating account of the special revenue fund under section299A.705 . An amount
15.12sufficient to pay the department's cost in implementing and administering this section,
15.13including payment of refunds under subdivision 4, is appropriated to the commissioner.
15.14 Sec. 15. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
15.15 Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause
15.16discontinue, a deputy registrar for any statutory or home rule charter city as the public
15.17interest and convenience may require, without regard to whether the county auditor of
15.18the county in which the city is situated has been appointed as the deputy registrar for the
15.19county or has been discontinued as the deputy registrar for the county, and without regard
15.20to whether the county in which the city is situated has established a county license bureau
15.21that issues motor vehicle licenses as provided in section373.32 .
15.22(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
15.23for any statutory or home rule charter city as the public interest and convenience may
15.24require, if the auditor for the county in which the city is situated chooses not to accept
15.25appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
15.26or if the county in which the city is situated has not established a county license bureau
15.27that issues motor vehicle licenses as provided in section373.32 . The individual appointed
15.28by the commissioner as a deputy registrar for any statutory or home rule charter city must
15.29be a resident of the county in which the city is situated.
15.30(c) The commissioner may appoint, and for cause discontinue, the county auditor of
15.31each county as a deputy registrar.
15.32(d) Despite any other provision, a person other than a county auditor or a director
15.33of a county license bureau, who was appointed by the registrar before August 1, 1976,
15.34as a deputy registrar for any statutory or home rule charter city, may continue to serve
15.35as deputy registrar and may be discontinued for cause only by the commissioner. The
16.1county auditor who appointed the deputy registrars is responsible for the acts of deputy
16.2registrars appointed by the auditor.
16.3(e) Each deputy, before entering upon the discharge of duties, shall take and
16.4subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
16.5(f) If a deputy registrar appointed under this subdivision is not an officer or employee
16.6of a county or statutory or home rule charter city, the deputy shall in addition give bond to
16.7the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
16.8conditioned upon the faithful discharge of duties as deputy registrar.
16.9(g)Until January 1, 2012, A corporation governed by chapter 302A or 317A
16.10may be appointed a deputy registrar. Upon application by an individual serving as a
16.11deputy registrar and the giving of the requisite bond as provided in this subdivision,
16.12personally assured by the individual or another individual approved by the commissioner,
16.13a corporation named in an application then becomes the duly appointed and qualified
16.14successor to the deputy registrar.The appointment of any corporation as a deputy registrar
16.15expires January 1, 2012. The commissioner shall appoint an individual as successor to
16.16the corporation as a deputy registrar. The commissioner shall appoint as the successor
16.17agent to a corporation whose appointment expires under this paragraph an officer of the
16.18corporation if the officer applies for appointment before July 1, 2012.
16.19(h) Each deputy registrar appointed under this subdivision shall keep and maintain
16.20office locations approved by the commissioner for the registration of vehicles and the
16.21collection of taxes and fees on vehicles.
16.22(i) The deputy registrar shall keep records and make reports to the commissioner as
16.23the commissioner requires. The records must be maintained at the offices of the deputy
16.24registrar. The records and offices of the deputy registrar must at all times be open to the
16.25inspection of the commissioner or the commissioner's agents. The deputy registrar shall
16.26report to the commissioner by the next working day following receipt all registrations
16.27made and taxes and fees collected by the deputy registrar.
16.28(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
16.29the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
16.30but the registration tax and any additional fees for delayed registration the deputy registrar
16.31has collected the deputy registrar shall deposit by the next working day following receipt
16.32in an approved state depository to the credit of the state through the commissioner of
16.33management and budget. The place for which the deputy registrar is appointed through its
16.34governing body must provide the deputy registrar with facilities and personnel to carry out
16.35the duties imposed by this subdivision if the deputy is a public official. In all other cases,
16.36the deputy shall maintain a suitable facility for serving the public.
17.1 Sec. 16. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
17.2 Subdivision 1. Written notice of impound. (a) When an impounded vehicle is
17.3taken into custody, the unit of government or impound lot operator taking it into custody
17.4shall give written notice of the taking within five days to the registered vehicle owner
17.5and any lienholders.
17.6 (b) The notice must:
17.7 (1) set forth the date and place of the taking;
17.8 (2) provide the year, make, model, and serial number of the impounded motor
17.9vehicle, if such information can be reasonably obtained, and the place where the vehicle
17.10is being held;
17.11 (3) inform the owner and any lienholders of their right to reclaim the vehicle under
17.12section168B.07 ;
17.13 (4) state that failure of the owner or lienholders to:
17.14 (i) exercise their right to reclaim the vehicle within the appropriate time allowed
17.15under section168B.051, subdivision 1 , 1a, or 2, and under the conditions set forth in
17.16section168B.07, subdivision 1 , constitutes a waiver by them of all right, title, and interest
17.17in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
17.18pursuant to section168B.08 ; or
17.19 (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
17.20time allowed and under the conditions set forth in section168B.07, subdivision 3 ,
17.21constitutes a waiver by them of all right, title, and interest in the contents and consent to
17.22sell or dispose of the contents under section168B.08 ; and
17.23 (5) state that a vehicle owner who provides to the impound lot operator
17.24documentation from a government or nonprofit agency or legal aid office that the owner
17.25is homeless, receives relief based on need, or is eligible for legal aid services,or has a
17.26household income at or below 50 percent of state median income has the unencumbered
17.27right to retrieve any and all contents without charge.
17.28 Sec. 17. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
17.29 Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:
17.30 (1) "contents" does not include any permanently affixed mechanical or
17.31nonmechanical automobile parts; automobile body parts; or automobile accessories,
17.32including audio or video players; and
17.33 (2) "relief based on need" includes, but is not limited to, receipt of MFIP
17.34and Diversionary Work Program, medical assistance, general assistance, general
17.35assistance medical care, emergency general assistance, Minnesota supplemental aid,
18.1MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
18.2assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
18.3working family tax credit.
18.4 (b) A unit of government or impound lot operator shall establish reasonable
18.5procedures for retrieval of vehicle contents, and may establish reasonable procedures to
18.6protect the safety and security of the impound lot and its personnel.
18.7 (c) At any time before the expiration of the waiting periods provided in section
18.8168B.051
, a registered owner who provides documentation from a government or
18.9nonprofit agency or legal aid office that the registered owner is homeless, receives relief
18.10based on need, or is eligible for legal aid services,or has a household income at or below
18.1150 percent of state median income has the unencumbered right to retrieve any and all
18.12contents without charge and regardless of whether the registered owner pays incurred
18.13charges or fees, transfers title, or reclaims the vehicle.
18.14 Sec. 18. Minnesota Statutes 2008, section 169.04, is amended to read:
18.15169.04 LOCAL AUTHORITY.
18.16(a) The provisions of this chapter shall not be deemed to prevent local authorities,
18.17with respect to streets and highways under their jurisdiction, and with the consent of
18.18the commissioner, with respect to state trunk highways, within the corporate limits of a
18.19municipality, or within the limits of a town in a county in this state now having or which
18.20may hereafter have, a population of 500,000 or more, and a land area of not more than 600
18.21square miles, and within the reasonable exercise of the police power from:
18.22(1) regulating the standing or parking of vehicles;
18.23(2) regulating traffic by means of police officers or traffic-control signals;
18.24(3) regulating or prohibiting processions or assemblages on the highways;
18.25(4) designating particular highways as one-way roadways and requiring that all
18.26vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one
18.27specific direction;
18.28(5) designating any highway as a through highway and requiring that all vehicles stop
18.29before entering or crossing the same, or designating any intersection as a stop intersection,
18.30and requiring all vehicles to stop at one or more entrances to such intersections;
18.31(6) restricting the use of highways as authorized in sections169.80 to
169.88 .
18.32(b) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6),
18.33shall be effective until signs giving notice of such local traffic regulations are posted
18.34upon and kept posted upon or at the entrance to the highway or part thereof affected as
18.35may be most appropriate.
19.1(c) No ordinance or regulation enacted under paragraph (a), clause (3), or any other
19.2provision of law shall prohibit:
19.3(1) the use of motorcycles or vehicles utilizing flashing red lights for the purpose of
19.4escorting funeral processions, oversize buildings, heavy equipment, parades or similar
19.5processions or assemblages on the highways; or
19.6(2) the use of motorcycles or vehicles that are owned by the funeral home and that
19.7utilize flashing red lights for the purpose of escorting funeral processions.
19.8(d) No ordinance or regulation enacted under paragraph (a), clause (1), or enacted
19.9by any other local authority, may hold an owner of a vehicle liable for parking violations
19.10committed before the person became the owner of the vehicle. If a vehicle is towed
19.11or impounded for failure of a former owner to pay parking fines accrued for parking
19.12violations committed by another before the present owner acquired the vehicle, the
19.13vehicle must be returned to the present owner, without charge, upon the present owner's
19.14submission of documentation showing that the person became the owner after the parking
19.15violations were committed. Local authorities must attempt to recover parking fines
19.16from the owner of the vehicle at the time the violation occurred. This paragraph does
19.17not apply to (1) a co-owner or joint owner of a vehicle also presently owned by another
19.18co-owner or joint owner who was an owner when the violations were committed or (2) to
19.19a present owner who committed parking violations while operating the subject vehicle
19.20before acquiring the vehicle.
19.21 Sec. 19. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
19.22 Subd. 5. Towing prohibited.Unless the vehicle is described in subdivision 4, (a) A
19.23towing authority may not tow a motor vehicle because:
19.24(1) the vehicle has expired registration tabs that have been expired for less than
19.2590 days; or
19.26(2) the vehicle is at a parking meter on which the time has expired and the vehicle
19.27has fewer than five unpaid parking tickets.
19.28(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
19.29(1) the vehicle is parked in violation of snow emergency regulations;
19.30(2) the vehicle is parked in a rush-hour restricted parking area;
19.31(3) the vehicle is blocking a driveway, alley, or fire hydrant;
19.32(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking
19.33is prohibited;
19.34(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the
19.35stop sign;
20.1(6) the vehicle is parked in a disability transfer zone or disability parking space
20.2without a disability parking certificate or disability license plates;
20.3(7) the vehicle is parked in an area that has been posted for temporary restricted
20.4parking (A) at least 12 hours in advance in a home rule charter or statutory city having
20.5a population under 50,000, or (B) at least 24 hours in advance in another political
20.6subdivision;
20.7(8) the vehicle is parked within the right-of-way of a controlled-access highway or
20.8within the traveled portion of a public street when travel is allowed there;
20.9(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to
20.10use by fire, police, public safety, or emergency vehicles;
20.11(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul
20.12International Airport owned by the Metropolitan Airports Commission;
20.13(11) a law enforcement official has probable cause to believe that the vehicle is
20.14stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is
20.15reasonably necessary to obtain or preserve the evidence;
20.16(12) the driver, operator, or person in physical control of the vehicle is taken into
20.17custody and the vehicle is impounded for safekeeping;
20.18(13) a law enforcement official has probable cause to believe that the owner,
20.19operator, or person in physical control of the vehicle has failed to respond to five or more
20.20citations for parking or traffic offenses;
20.21(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs
20.22to use by taxicabs;
20.23(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked
20.24vehicle;
20.25(16) the vehicle is parked, on a school day during prohibited hours, in a school zone
20.26on a public street where official signs prohibit parking; or
20.27(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
20.28168B.011 , and subject to immediate removal under chapter 168B.
20.29 Sec. 20. Minnesota Statutes 2008, section 169.041, is amended by adding a subdivision
20.30to read:
20.31 Subd. 5a. Quick clearance. (a) For purposes of this subdivision:
20.32(1) "road" includes the roadway, a lane for vehicular traffic, shoulder, on-ramp, and
20.33off-ramp of a street or highway, including a parkway; and
20.34(2) "obstructions" includes motor vehicles, debris, personal property, and cargo.
21.1(b) Within the Department of Transportation's eight-county metropolitan district, the
21.2department may move, remove, or cause to remove obstructions from a road if:
21.3(1) there has been a traffic incident involving a collision, accident, or spilled load;
21.4(2) the obstructions block a road or aggravate an emergency on a road; and
21.5(3) the department cooperates with the State Patrol and private towing or recovery
21.6companies authorized by the state concerning towing of the vehicle and removal of
21.7other obstructions.
21.8(c) The State Patrol shall make a reasonable effort to contact a motor carrier who
21.9owns the motor vehicle or other obstructions before undertaking an action under this
21.10subdivision.
21.11(d) The department shall make a reasonable effort to allow the owner of the motor
21.12vehicle to arrange for its removal and shall give due consideration to having the vehicle
21.13towed by a licensed towing service capable of safely moving the vehicle.
21.14(e) Towing charges accrued by the owner or owners of the vehicle must be
21.15reasonable and consistent with customary market prices for the type of vehicle removed
21.16and the circumstances giving rise to its removal.
21.17 Sec. 21. Minnesota Statutes 2008, section 169.15, is amended to read:
21.18169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.
21.19 Subdivision 1. Impeding traffic; drive at slow speed. No person shall drive a
21.20motor vehicle at such a slow speed as to impede or block the normal and reasonable
21.21movement of traffic except when reduced speed is necessary for safe operation or in
21.22compliance with law or except when the vehicle is temporarily unable to maintain a greater
21.23speed due to a combination of the weight of the vehicle and the grade of the highway.
21.24 Subd. 2. Intersection gridlock; stop or block traffic. (a) Except as provided
21.25in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a
21.26traffic-control signal until the driver is able to move the vehicle immediately, continuously,
21.27and completely through the intersection without impeding or blocking the subsequent
21.28movement of cross traffic.
21.29(b) Paragraph (a) does not apply to movement of a vehicle made:
21.30(1) at the direction of a city-authorized traffic-control agent or a peace officer;
21.31(2) to facilitate passage of an authorized emergency vehicle with its emergency
21.32lights activated; or
21.33(3) to make a turn, as permitted under section 169.19, that allows the vehicle to
21.34safely leave the intersection.
22.1(c) A violation of this subdivision does not constitute grounds for suspension or
22.2revocation of the violator's driver's license.
22.3EFFECTIVE DATE.This section is effective January 1, 2011, and applies to acts
22.4committed on or after that date.
22.5 Sec. 22. Minnesota Statutes 2008, section 169.306, is amended to read:
22.6169.306 USE OF SHOULDERS BY BUSES.
22.7(a) The commissioner of transportationmay is authorized to permit the use by transit
22.8buses and Metro Mobility buses of a shoulder, as designated by the commissioner, of a
22.9freeway or expressway, as defined in section160.02 , in the seven-county metropolitan
22.10area in Minnesota.
22.11(b) If the commissioner permits the use of a freeway or expressway shoulder by
22.12transit buses, the commissioner shallalso permit the use on that shoulder of a bus (1) with
22.13a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
22.14as defined in section221.012, subdivision 26 , while operating in intrastate commerce or
22.15(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or
22.16Metro Mobility services, and operated by or under contract with the Metropolitan Council,
22.17a local transit authority, or a transit authority created by the legislature. Drivers of these
22.18buses must have adequate training in the requirements of paragraph (c), as determined by
22.19the commissioner.
22.20(c) Buses authorized to use the shoulder under this section may be operated on the
22.21shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
22.22buses being operated on the shoulder may not exceed the speed of main-line traffic by
22.23more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
22.24being operated on the shoulder must yield to merging, entering, and exiting traffic and
22.25must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
22.26registered with the Department of Transportation.
22.27(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
22.28vehicle of not less than 20 feet in length engaged in providing special transportation
22.29services under section473.386 that is:
22.30(1) operated bythe Metropolitan Council, or operated by or under contract with a
22.31public or private entity receiving financial assistance to provide transit services from the
22.32Metropolitan Council or the commissioner of transportation; and
22.33(2) authorized by thecouncil commissioner to use freeway or expressway shoulders.
22.34(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
23.1 Sec. 23. Minnesota Statutes 2008, section 169.345, subdivision 1, is amended to read:
23.2 Subdivision 1. Scope of privilege. (a) A motor vehicle that prominently displays
23.3the certificate authorized by this section or that bears disability plates issued under section
23.4168.021
may be parked by or solely for the benefit of a physically disabled person:
23.5(1) in a designated parking space for disabled persons, as provided in section
23.6169.346
;
23.7(2) in a metered parking space without obligation to pay the meter fee and without
23.8time restrictions unless time restrictions are separately posted on official signs; and
23.9(3) without time restrictions in a nonmetered space where parking is otherwise
23.10allowed for passenger vehicles but restricted to a maximum period of time and that does
23.11not specifically prohibit the exercise of disabled parking privileges in that space.
23.12A person may park a motor vehicle for a physically disabled person in a parking space
23.13described in clause (1) or (2) only when actually transporting the physically disabled
23.14person for the sole benefit of that person and when the parking space is within a reasonable
23.15distance from the drop-off point.
23.16(b) For purposes of this subdivision, a certificate is prominently displayed if:
23.17(1) it is displayed:
23.18(i)so that it may be viewed from the front and rear of the motor vehicle by hanging
23.19it from the rearview mirror attached to the front windshield of the motor vehicle., so that it
23.20may be viewed from the front and rear of the motor vehicle;
23.21(ii) by securing it in a holder or display device located on the dashboard at the
23.22center or driver's side of the vehicle, so that it may be viewed from the front of the motor
23.23vehicle; or
23.24(iii) if there is no rearview mirror or if the certificate holder's disability precludes
23.25placing the certificate on the mirror,the certificate must be displayed by placing it on the
23.26dashboard on the driver's side of the vehicle.; and
23.27(2) nopart of the symbols, lettering, or other information shown on the certificate
23.28may be are obscured.
23.29(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
23.30permit parking in areas prohibited by sections169.32 and
169.34 , in designated no
23.31parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
23.32governmental unit may, by ordinance, prohibit parking on any street or highway to create
23.33a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
23.34these ordinances also apply to physically disabled persons.
24.1 Sec. 24. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
24.2amended to read:
24.3 Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit
24.4authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
24.5raw or unprocessed agricultural products and be operated with a gross vehicle weight
24.6of up to:
24.7 (1) 90,000 pounds; and
24.8 (2) 99,000 pounds during the period set by the commissioner under section169.826,
24.9subdivision 1 .
24.10 (b) Notwithstanding subdivision4 3, paragraph (a), clause (4), a vehicle or
24.11combination of vehicles operated under this subdivision and transporting only sealed
24.12intermodal containers may be operated on an interstate highway if allowed by the United
24.13States Department of Transportation.
24.14 (c) The fee for a permit issued under this subdivision is $300.
24.15EFFECTIVE DATE.This section is effective retroactively from July 1, 2008.
24.16 Sec. 25. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
24.17to read:
24.18 Subd. 7. Cargo tank vehicles. (a) Weight restrictions imposed by the commissioner
24.19under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent
24.20axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted
24.21roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
24.22(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
24.23used for propane must have an operating gauge on the cargo tank that shows the amount of
24.24propane as a percent of capacity of the cargo tank. Documentation of the capacity of the
24.25cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of
24.26this subdivision, propane weighs 4.2 pounds per gallon.
24.27(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
24.28used for dyed fuel oil must utilize the forward two tank compartments and must carry
24.29documentation of the empty weight of the cargo tank vehicle from a certified scale in the
24.30cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds
24.31per gallon.
24.32(d) To the extent practicable, cargo tank vehicles that are exempt from weight
24.33restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted
24.34roads by 12:00 p.m. and before the last week of April.
25.1 Sec. 26. Minnesota Statutes 2008, section 171.12, subdivision 6, is amended to read:
25.2 Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph
25.3(b), the department shall not keep on the record of a driver any conviction for a violation
25.4of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
25.5than ten miles per hour in excess ofa 55 miles per hour the speed limit, or more than five
25.6miles per hour in excess of a 60 miles per hour speed limit.
25.7(b) This subdivision does not apply to (1) a violation that occurs in a commercial
25.8motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
25.9driver's license, without regard to whether the violation was committed in a commercial
25.10motor vehicle or another vehicle.
25.11 Sec. 27. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
25.12 Subdivision 1. Department created. In order to providea balanced an integrated
25.13transportation system, including of aeronautics, highways, motor carriers, ports, public
25.14transit, railroads, and pipelines, and including facilities for walking and bicycling, a
25.15Department of Transportation is created. The department is the principal agency of the
25.16state for development, implementation, administration, consolidation, and coordination of
25.17state transportation policies, plans, and programs.
25.18 Sec. 28. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
25.19 Subd. 2. Transportation goals. The goals of the state transportation system are
25.20as follows:
25.21 (1) toprovide safe transportation minimize fatalities and injuries for transportation
25.22users throughout the state;
25.23 (2) to provide multimodal and intermodal transportationthat enhances mobility and
25.24economic development and provides access to all persons and businesses in Minnesota
25.25while ensuring that there is no facilities and services to increase access for all persons and
25.26businesses and to ensure economic well-being and quality of life without undue burden
25.27placed on any community;
25.28 (3) to provide a reasonable travel time for commuters;
25.29 (4) to enhance economic development and provide for the economical, efficient, and
25.30safe movement of goods to and from markets by rail, highway, and waterway;
25.31 (5) to encourage tourism by providing appropriate transportation to Minnesota
25.32facilities designed to attract tourists and to enhance the appeal, through transportation
25.33investments, of tourist destinations across the state;
26.1 (6) to provide transit servicesthroughout to all counties in the state to meet the
26.2needs of transit users;
26.3 (7) to promoteproductivity accountability through system systematic management
26.4of system performance and productivity through the utilization of technological
26.5advancements;
26.6 (8) to maximize the long-term benefits received for each state transportation
26.7investment;
26.8 (9) to provide for and prioritize fundingfor of transportation investments that, at a
26.9minimum, preserves the transportation infrastructure ensures that the state's transportation
26.10infrastructure is maintained in a state of good repair;
26.11 (10) to ensure that the planning and implementation of all modes of transportation
26.12are consistent with the environmental and energy goals of the state;
26.13 (11) to promote and increase the use of high-occupancy vehicles and low-emission
26.14vehicles;
26.15 (12) to provide an air transportation system sufficient to encourage economic growth
26.16and allow all regions of the state the ability to participate in the global economy;
26.17 (13) to increasetransit use of transit as a percentage of all trips statewide by giving
26.18highest priority to the transportation modes with the greatest people-moving capacity and
26.19lowest long-term economic and environmental cost;
26.20 (14) to promote and increase bicycling and walking as a percentage of all trips asan
26.21energy-efficient, nonpolluting, andhealthful form healthy forms of transportation;
26.22 (15) to reduce greenhouse gas emissions from the state's transportation sector; and
26.23 (16) to accomplish these goals with minimal impact on the environment.
26.24 Sec. 29. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
26.25 Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part
26.26of the department's mission that within the department's resources the commissioner
26.27shall endeavor to:
26.28 (1) prevent the waste or unnecessary spending of public money;
26.29 (2) use innovative fiscal and human resource practices to manage the state's
26.30resources and operate the department as efficiently as possible;
26.31 (3) minimize the degradation of airand, water quality, and the climate, including
26.32reduction in greenhouse gas emissions;
26.33 (4) coordinate the department's activities wherever appropriate with the activities
26.34of other governmental agencies;
27.1 (5) use technology where appropriate to increase agency productivity, improve
27.2customer service, increase public access to information about government, and increase
27.3public participation in the business of government;
27.4 (6) utilize constructive and cooperative labor-management practices to the extent
27.5otherwise required by chapters 43A and 179A;
27.6 (7) report to the legislature on the performance of agency operations and the
27.7accomplishment of agency goals in the agency's biennial budget according to section
27.816A.10, subdivision 1
; and
27.9 (8) recommend to the legislature appropriate changes in law necessary to carry out
27.10the mission and improve the performance of the department.
27.11 Sec. 30. Minnesota Statutes 2008, section 174.185, is amended to read:
27.12174.185 PAVEMENT LIFE-CYCLE COST ANALYSIS.
27.13 Subdivision 1. Definitions. For the purposes of this section, the following
27.14definitions apply.
27.15 (a) "Applicable project" means a trunk highway project in the statewide
27.16transportation improvement program categorized for construction, reconstruction,
27.17resurfacing, reconditioning, or road repair. Applicable project does not include (1) on
27.18a two-lane road, a main-line project in which there is less than two miles of length of
27.19roadway within the construction limits; and (2) on a multilane road, a main-line project in
27.20which there is less than 30,000 square yards of paving within the construction limits.
27.21(b) "Life-cycle cost" is the sum of the cost of the initial pavement project and
27.22all anticipated costs for maintenance, repair, and resurfacing over the life of the
27.23pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected
27.24maintenance, repair, and resurfacing schedules, and costs determined by the Department
27.25of Transportation district personnel based upon recently awarded local projects and
27.26experience with local material costs.
27.27(b) (c) "Life-cycle cost analysis" is a comparison of life-cycle costs among
27.28competing paving materials using equal design lives and equal comparison periods.
27.29 Subd. 1a. Uniform standard. By January 15, 2011, the commissioner shall develop
27.30a statewide uniform standard for life-cycle cost analysis based on the net present value
27.31method of comparative analysis of alternate paving materials from the Federal Highway
27.32Administration, United States Department of Transportation.
27.33 Subd. 2. Required analysis. For each applicable projectin the reconditioning,
27.34resurfacing, and road repair funding categories, the commissioner shall perform a
27.35life-cycle cost analysis and shall document the lowest life-cycle costs and all alternatives
28.1considered. The commissioner shall document the chosen pavement strategy and, if the
28.2lowest life cycle is not selected, document the justification for the chosen strategy. A
28.3life-cycle cost analysis is required for projects to be constructed afterJuly 1 January 31,
28.42011. For projects to be constructedprior to July before February 1, 2011, when feasible,
28.5the department will use its best efforts to perform life-cycle cost analyses.
28.6 Subd. 3. Report. By January 15, 2012, and annually by January 15 thereafter, the
28.7commissioner shall reportannually to the chairs and ranking minority members of the
28.8senate and house of representatives committees with jurisdiction over transportation
28.9financebeginning on January 1, 2012, on:
28.10(1) the results of the analyses required in subdivision 2; and
28.11(2) the results of alternative bidding under section 161.32, subdivision 8, including a
28.12listing of projects awarded using alternative bidding and projects identified as unsuitable
28.13for alternative bidding.
28.14EFFECTIVE DATE.This section is effective the day following final enactment.
28.15 Sec. 31. Minnesota Statutes 2008, section 174.22, is amended by adding a subdivision
28.16to read:
28.17 Subd. 14a. State sources of funds. "State sources of funds" means funding for the
28.18public transit participation program appropriated from (1) the general fund, and (2) the
28.19greater Minnesota transit account.
28.20 Sec. 32. Minnesota Statutes 2008, section 174.23, subdivision 1, is amended to read:
28.21 Subdivision 1. General. (a) The commissioner shall have all powers necessary and
28.22convenient to carry out the provisions of sections174.21 to
174.27 including the power to:
28.23(1) review applications for financial assistance, execute contracts, and obligate
28.24and expend program funds, upon conditions and limitations as the commissioner deems
28.25necessary for purposes of program and project implementation, operation, and evaluation,;
28.26(2) accept and disburse federal funds available for the purposes of sections174.21 to
28.27174.27
, and such funds are appropriated to the commissioner; and
28.28(3) act upon request as the designated agent of any eligible person for the receipt and
28.29disbursal of federal funds.
28.30(b) The commissioner shall perform the duties and exercise the powers under
28.31sections174.21 to
174.27 in coordination with and in furtherance of statewide,
28.32regional, and local transportation plans and transportation development programs.The
28.33commissioner shall set guidelines for financial assistance under the public transit subsidy
28.34program. The commissioner shall present any proposed guidelines regarding public transit
29.1financial assistance to a legislative committee composed of equal numbers appointed by
29.2the house of representatives local and urban affairs and senate transportation committees.
29.3The commissioner shall not implement any new guidelines regarding public transit
29.4financial assistance, between the period January 1, 1981 to April 15, 1982, without the
29.5prior approval of that committee.
29.6 Sec. 33. Minnesota Statutes 2008, section 174.23, subdivision 2, is amended to read:
29.7 Subd. 2. Financial assistance; application, approval. (a) The commissioner
29.8shall seek out and select eligible recipients of financial assistance under sections174.21
29.9to174.27 .
29.10(b) The commissioner shall establish by rule the procedures and standards for review
29.11and approval of applications for financial assistance submitted to the commissioner
29.12pursuant to sections174.21 to
174.27 . Any applicant shall provide to the commissioner
29.13any financial or other information required by the commissioner to carry out the
29.14commissioner's duties. The commissioner may require local contributions from applicants
29.15as a condition for receiving financial assistance.
29.16(c) Before the commissioner approves any grant, the application for the grantshall
29.17may be reviewedand approved by the appropriate regional development commission only
29.18for consistency with regional transportation plans and development guides. If an applicant
29.19proposes a project within the jurisdiction of a transit authority or commission or a transit
29.20system assisted or operated by a city or county, the application shall also be reviewed
29.21by that commission, authority, or political subdivision for consistency with its transit
29.22programs, policies, and plans.Any regional development commission that has not adopted
29.23a transportation plan may review but may not approve or disapprove of any application.
29.24 Sec. 34. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 1a, is
29.25amended to read:
29.26 Subd. 1a.Transit service needs implementation Greater Minnesota transit
29.27investment plan. (a) The commissioner shall develop a greater Minnesota transitservice
29.28needs implementation investment plan that contains a goal of meeting at least 80 percent
29.29ofunmet total transit service needs in greater Minnesota by July 1, 2015, and meeting at
29.30least 90 percent ofunmet total transit service needs in greater Minnesota by July 1, 2025.
29.31(b) The plan must include, but is not limited to, the following:
29.32(1) an analysis of ridership and total transit service needs throughout greater
29.33Minnesota;
30.1(2) a calculation ofunmet needs; an assessment of the level and type of service
30.2required to meetunmet total transit service needs, for the transit system classifications
30.3as provided under subdivision 3b, paragraph (c), of urbanized area, small urban area,
30.4rural area, and elderly and disabled service;
30.5(3) an analysis of costs and revenue options;and,
30.6(4) a plan to reduceunmet total transit service needs as specified in this subdivision;
30.7and
30.8(5) identification of the operating and capital costs necessary to meet 100 percent of
30.9the greater Minnesota transit targeted and projected bus service hours, as identified in the
30.10greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030.
30.11(c) The plan must specifically address special transportation service ridership and
30.12needs. The plan must also provide that recipients of operating assistance under this
30.13section provide fixed route public transit service without charge for disabled veterans in
30.14accordance with subdivision 7.The commissioner may amend the plan as necessary, and
30.15may use all or part of the 2001 greater Minnesota public transportation plan created by the
30.16Minnesota Department of Transportation.
30.17 Sec. 35. Minnesota Statutes 2008, section 174.24, subdivision 2, is amended to read:
30.18 Subd. 2. Eligibility; application. Any legislatively established public transit
30.19commission or authority, any county or statutory or home rule charter city providing
30.20financial assistance to or operating public transit, any private operator of public transit, or
30.21any combination thereof is eligible to receive financial assistance through the public transit
30.22participation program. Except as provided in subdivision 2b for assistance provided from
30.23federal funds, eligible recipients must be located outside of the metropolitan area.
30.24 Sec. 36. Minnesota Statutes 2008, section 174.24, is amended by adding a subdivision
30.25to read:
30.26 Subd. 2b. Federal aid. (a) The commissioner may accept and disburse federal funds
30.27received and appropriated under section 174.23, subdivision 1, as an additional source of
30.28funds for implementing the public transit participation program established in this section.
30.29This authority includes, but is not limited to:
30.30(1) adopting administrative rules to establish financial assistance allocation priorities,
30.31identify factors to consider in reviewing an applicant's management plan, evaluate a
30.32request for financial assistance, and determine the amount of financial assistance to be
30.33provided; and
31.1(2) establishing project selection criteria under the United States Code, title 49,
31.2section 5311, state management plan as approved by the Federal Transit Administration,
31.3United States Department of Transportation.
31.4(b) If the commissioner accepts and disburses federal funds as provided in paragraph
31.5(a), the commissioner shall:
31.6(1) maintain separate accounts for (i) state sources of funds, and (ii) federal sources
31.7of funding; and
31.8(2) ensure that all state sources of funds are only used for assistance to eligible
31.9recipients as provided in subdivision 2.
31.10 Sec. 37. Minnesota Statutes 2008, section 174.24, subdivision 3b, is amended to read:
31.11 Subd. 3b. Operating assistance; recipient classifications. (a) The commissioner
31.12shall determine the total operating cost of any public transit system receiving or applying
31.13for assistance in accordance with generally accepted accounting principles. To be eligible
31.14for financial assistance, an applicant or recipient shall provide to the commissioner
31.15all financial records and other information and shall permit any inspection reasonably
31.16necessary to determine total operating cost and correspondingly the amount of assistance
31.17that may be paid to the applicant or recipient. Where more than one county or municipality
31.18contributes assistance to the operation of a public transit system, the commissioner shall
31.19identify one as lead agency for the purpose of receiving money under this section.
31.20 (b) Prior to distributing operating assistance to eligible recipients for any contract
31.21period, the commissioner shall place all recipients into one of the following classifications:
31.22urbanized area service, small urban area service, rural area service, and elderly and
31.23disabled service.
31.24(c) The commissioner shall distribute funds under this section so that the percentage
31.25of total contracted operating cost paid by any recipient from local sources will not exceed
31.26the percentage for that recipient's classification, except as provided inan undue hardship
31.27case this subdivision. The percentages must be:
31.28(1) for urbanized area service and small urban area service, 20 percent;
31.29(2) for rural area service, 15 percent; and
31.30(3) for elderly and disabled service, 15 percent.
31.31Except as provided in a United States Department of Transportation program allowing
31.32or requiring a lower percentage to be paid from local sources, the remainder of the
31.33recipient's total contracted operating cost will be paid from state sources of funds less any
31.34assistance received by the recipient fromany federal source the United States Department
31.35of Transportation.
32.1(d) For purposes of this subdivision, "local sources" means all local sources of funds
32.2and includes all operating revenue, tax levies, and contributions from public funds, except
32.3that the commissioner may exclude from the total assistance contract revenues derived
32.4from operations the cost of which is excluded from the computation of total operating
32.5cost.Total operating costs of the Duluth Transit Authority or a successor agency does
32.6not include costs related to the Superior, Wisconsin service contract and the Independent
32.7School District No. 709 service contract.
32.8(c) (e) If a recipient informs the commissioner in writing after the establishment of
32.9these percentages but prior to the distribution of financial assistance for any year that
32.10paying its designated percentage of total operating cost from local sources will cause
32.11undue hardship, the commissioner may reduce the percentage to be paid from local
32.12sources by the recipient and increase the percentage to be paid from local sources by one
32.13or more other recipients inside or outside the classification. However, the commissioner
32.14may not reduce or increase any recipient's percentage under this paragraph for more than
32.15two years successively. If for any year the funds appropriated to the commissioner to carry
32.16out the purposes of this section are insufficient to allow the commissioner to pay the state
32.17share of total operating cost as provided in this paragraph, the commissioner shall reduce
32.18the state share in each classification to the extent necessary.
32.19 Sec. 38. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 5, is
32.20amended to read:
32.21 Subd. 5. Method of payment, operating assistance. Payments for operating
32.22assistance under this section from state sources of funds must be made in the following
32.23manner:
32.24 (a) For payments made from the general fund:
32.25 (1) 50 percent of the total contract amount in or before the first month of operation;
32.26 (2) 40 percent of the total contract amount in or before the seventh month of
32.27operation;
32.28 (3) 9 percent of the total contract amount in or before the 12th month of operation;
32.29and
32.30 (4) 1 percent of the total contract amount after the final audit.
32.31 (b) For payments made from the greater Minnesota transit account:
32.32 (1) 50 percent of the total contract amount in or before the seventh month of
32.33operation; and
32.34 (2) 50 percent of the total contract amount in or before the 11th month of operation.
33.1 Sec. 39. Minnesota Statutes 2008, section 174.247, is amended to read:
33.2174.247 ANNUAL TRANSIT REPORT.
33.3 (a) By February 15 annually, the commissioner shall submit a report to the legislature
33.4on transit services outside the metropolitan area. The Metropolitan Council and any
33.5public transit system receiving assistance under section174.24 shall provide assistance
33.6in creating the report, as requested by the commissioner.
33.7 (b) The report must include, at a minimum, the following:
33.8 (1) a descriptive overview of public transit in Minnesota;
33.9 (2) a descriptive summary of funding sources and assistance programs;
33.10 (3) a summary of each public transit system receiving assistance under section
33.11174.24
;
33.12 (4) data that identifies use of volunteers in providing transit service;
33.13 (5) financial data that identifiesoperating and capital costs, and funding sources,
33.14for each public transit system and for each transit system classification under section
33.15174.24, subdivision 3b
33.16(i) the operating and capital costs;
33.17(ii) each of the funding sources used to provide financial assistance; and
33.18(iii) for federal funds, the amount from each specific federal program under which
33.19funding is provided;
33.20 (6) a summary of the differences in program implementation requirements and aid
33.21recipient eligibility between federal aid and state sources of funds;
33.22(7) in each odd-numbered year, an analysis of public transit system needs and
33.23operating expenditures on an annual basis, which must include a methodology for
33.24identifying monetary needs, and calculations of:
33.25(i) the total monetary needs for all public transit systems, for the year of the report
33.26and the ensuing five years;
33.27(ii) the total expenditures from local sources for each transit system classification;
33.28(iii) the comprehensive transit assistance percentage for each transit system
33.29classification, which equals (A) the expenditures identified under clause (7), item (ii), for
33.30a transit system classification, divided by (B) the amounts identified under subitem (A),
33.31plus the sum of state sources of funds plus federal funds provided to all transit systems
33.32in that classification; and
33.33(iv)in each odd-numbered year, beginning in 2009, a calculation of the amounts the
33.34amount of surplus or insufficient funds available for(i) paying the state share of transit
33.35operating costs under section
174.24, subdivision 3b, and (ii) paying capital and operating
34.1costs to fully implement thetransit service needs implementation greater Minnesota transit
34.2investment plan under section174.24 , subdivision 1a.
34.3 Sec. 40. [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
34.4 Subdivision 1. Council established. A Minnesota Council on Transportation
34.5Access is established to study, evaluate, oversee, and make recommendations to improve
34.6the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of
34.7transportation services provided to the transit public. "Transit public" means those persons
34.8who utilize public transit and those who, because of mental or physical disability, income
34.9status, or age are unable to transport themselves and are dependent upon others for
34.10transportation services.
34.11 Subd. 2. Duties of council. In order to accomplish the purposes in subdivision
34.121, the council, following consultation with the legislative committees or divisions
34.13with jurisdiction over transportation policy and budget, or with appropriate legislative
34.14transportation subcommittees, shall adopt a biennial work plan that must incorporate
34.15the following activities:
34.16(1) compile information on existing transportation alternatives for the transit public,
34.17and serve as a clearinghouse for information on services, funding sources, innovations,
34.18and coordination efforts;
34.19(2) identify best practices and strategies that have been successful in Minnesota and
34.20in other states for coordination of local, regional, state, and federal funding and services;
34.21(3) recommend statewide objectives for providing public transportation services
34.22for the transit public;
34.23(4) identify barriers prohibiting coordination and accessibility of public
34.24transportation services and aggressively pursue the elimination of those barriers;
34.25(5) recommend policies and procedures for coordinating local, regional, state, and
34.26federal funding and services for the transit public;
34.27(6) identify stakeholders in providing services for the transit public, and seek input
34.28from them concerning barriers and appropriate strategies;
34.29(7) recommend guidelines for developing transportation coordination plans
34.30throughout the state;
34.31(8) encourage all state agencies participating in the council to purchase trips within
34.32the coordinated system;
34.33(9) facilitate the creation and operation of transportation brokerages to match
34.34riders to the appropriate service, promote shared dispatching, compile and disseminate
34.35information on transportation options, and promote regional communication;
35.1(10) encourage volunteer driver programs and recommend legislation to address
35.2liability and insurance issues;
35.3(11) recommend minimum performance standards for delivery of services;
35.4(12) identify methods to eliminate fraud and abuse in special transportation services;
35.5(13) develop a standard method for addressing liability insurance requirements for
35.6transportation services purchased, provided, or coordinated;
35.7(14) design and develop a contracting template for providing coordinated
35.8transportation services;
35.9(15) recommend an interagency uniform contracting and billing and accounting
35.10system for providing coordinated transportation services;
35.11(16) encourage the design and development of training programs for coordinated
35.12transportation services;
35.13(17) encourage the use of public school transportation vehicles for the transit public;
35.14(18) develop an allocation methodology that equitably distributes transportation
35.15funds to compensate units of government and all entities that provide coordinated
35.16transportation services;
35.17(19) identify policies and necessary legislation to facilitate vehicle sharing; and
35.18(20) advocate aggressively for eliminating barriers to coordination, implementing
35.19coordination strategies, enacting necessary legislation, and appropriating resources to
35.20achieve the council's objectives.
35.21 Subd. 3. Coordination with legislative committees. The council shall coordinate
35.22its meeting schedule and activities pursuant to its work plan, to the extent practicable, with
35.23legislative committees and divisions with jurisdiction over transportation budget and
35.24policy, or with appropriate subcommittees. The chairperson of the council shall act as
35.25a liaison with the chairs and ranking minority members of the legislative transportation
35.26committees, divisions, and appropriate subcommittees, in carrying out these duties.
35.27 Subd. 4. Membership. (a) The council is composed of the following 13 members:
35.28(1) one representative from the Office of the Governor;
35.29(2) one representative from the Council on Disability;
35.30(3) one representative from the Minnesota Public Transit Association;
35.31(4) the commissioner of transportation or a designee;
35.32(5) the commissioner of human services or a designee;
35.33(6) the commissioner of health or a designee;
35.34(7) the chair of the Metropolitan Council or a designee;
35.35(8) the commissioner of education or a designee;
35.36(9) the commissioner of veterans affairs or a designee;
36.1(10) one representative from the Board on Aging;
36.2(11) the commissioner of employment and economic development or a designee;
36.3(12) the commissioner of commerce or a designee; and
36.4(13) the commissioner of management and budget or a designee.
36.5(b) All appointments required by paragraph (a) must be completed by August
36.61, 2010.
36.7(c) The commissioner of transportation or a designee shall convene the first meeting
36.8of the council within two weeks after the members have been appointed to the council.
36.9The members shall elect a chairperson from their membership at the first meeting.
36.10(d) The Department of Transportation and the Department of Human Services shall
36.11provide necessary staff support for the council.
36.12 Subd. 5. Report. By January 15 of each year, beginning in 2012, the council shall
36.13report its findings, recommendations, and activities to the governor's office and to the
36.14chairs and ranking minority members of the legislative committees with jurisdiction
36.15over transportation, health, and human services, and to the legislature as provided under
36.16section 3.195.
36.17 Subd. 6. Reimbursement. Members of the council shall receive reimbursement
36.18of expenses as provided in section 15.059, subdivision 3.
36.19 Subd. 7. Expiration. This section expires June 30, 2014.
36.20 Sec. 41. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
36.21 Subd. 5. Commuter Rail Corridor Coordinating Committee. (a) A Commuter
36.22Rail Corridor Coordinating Committeeshall be is established to advise the commissioner
36.23on issues relating to the alternatives analysis, environmental review, advanced corridor
36.24planning, preliminary engineering, final design, implementation method, construction of
36.25commuter rail, public involvement, land use, service, and safety. The Commuter Rail
36.26Corridor Coordinating Committee shall consist of:
36.27(1) one member representing each significant funding partner in whose jurisdiction
36.28the line or lines are located;
36.29(2) one member appointed by each county in which the corridors are located;
36.30(3) one member appointed by each city in which advanced corridor plans indicate
36.31that a station may be located;
36.32(4) two members appointed by the commissioner, one of whom shall be designated
36.33by the commissioner as the chair of the committee;
36.34(5) one member appointed by each metropolitan planning organization through
36.35which the commuter rail line may pass;and
37.1(6) one member appointed by the president of the University of Minnesota, if a
37.2designated corridor provides direct service to the university.; and
37.3(7) two ex-officio members who are members of labor organizations operating
37.4in, and with authority for, trains or rail yards or stations junctioning with freight and
37.5commuter rail lines on corridors, with one member appointed by the speaker of the house
37.6and the other member appointed by the senate Rules and Administration Subcommittee
37.7on Committees.
37.8(b) A joint powers board existing on April 1, 1999, consisting of local governments
37.9along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
37.10place of the committee.
37.11(c) Notwithstanding section15.059, subdivision 5 , the committee does not expire.
37.12 Sec. 42. Minnesota Statutes 2008, section 219.01, is amended to read:
37.13219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
37.14(a) The track safety standards of the United States Department of Transportation and
37.15Federal Railroad Administration apply to railroad trackage and are the standards for the
37.16determination of unsafe trackage within the state.
37.17(b) The commissioner of transportation shall apply to the Federal Railroad
37.18Administration under Public Law 110-432, the Railroad Safety Enhancement Act of
37.192008 (the act), for (1) railroad safety technology grant funding available under section
37.20105 of the act and (2) development and installation of rail safety technology, including
37.21provision for switch position indicator signals in nonsignalized main track territory,
37.22under section 406 of the act. The commissioner shall respond and make application to
37.23the Federal Railroad Administration notice of funds availability under the Rail Safety
37.24Assurance Act in a timely manner and before the date of the program deadline to assure
37.25full consideration of the application. The commissioner shall (i) prioritize grant requests
37.26for the installation of switch indicator signals on all segments of nonsignalized track
37.27where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in
37.28each year after 2010 until all nonsignalized track territory in the state has switch indicator
37.29signals installed and in operation.
37.30(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit
37.31grant requests from all eligible railroads. The commissioner shall submit written notice to
37.32the chairs of the legislative committees with jurisdiction over transportation policy and
37.33finance of an acceptance by a class I or class II railroad of federal grant program funding
37.34for switch point indicator monitor systems.
38.1(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads
38.2shall provide all technical documentation requested by the commissioner and required by
38.3the Federal Railroad Administration for the applications under paragraph (b). Railroads
38.4are responsible for developing, acquiring, and installing all rail safety technology obtained
38.5under this section in accordance with requirements established by the Federal Railroad
38.6Administration.
38.7 Sec. 43. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
38.8to read:
38.9 Subd. 27a. Motor carrier of railroad employees. "Motor carrier of railroad
38.10employees" means a motor carrier engaged in the for-hire transportation of railroad
38.11employees of a class I or II common carrier, as defined in Code of Federal Regulations,
38.12title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
38.13a common carrier, as defined in section 218.011, subdivision 10.
38.14 Sec. 44. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
38.15 Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service"
38.16means a service provided by a person engaged in the for-hire transportation of passengers
38.17in a vehicle designed to transport seven or fewer persons, including the driver.
38.18(b) In the metropolitan area as defined in section473.121, subdivision 2 , "small
38.19vehicle passenger service" also includes for-hire transportation of persons who are certified
38.20by the Metropolitan Council to use special transportation service provided under section
38.21473.386
, in a vehicle designed to transport not more than 15 persons including the driver,
38.22that is equipped with a wheelchair lift and at least three wheelchair securement positions.
38.23(c) Small vehicle passenger service does not include a motor carrier of railroad
38.24employees.
38.25 Sec. 45. [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.
38.26(a) A motor carrier of railroad employees must meet the requirements specified in
38.27this section, is subject to section 221.291, and is otherwise exempt from the provisions
38.28of this chapter.
38.29(b) A vehicle operator for a motor carrier of railroad employees who transports
38.30passengers must:
38.31(1) have a valid driver's license under chapter 171; and
38.32(2) submit to a physical examination.
39.1(c) The carrier must implement a policy that provides for annual training and
39.2certification of the operator in:
39.3 (1) safe operation of the vehicle transporting railroad employees;
39.4 (2) knowing and understanding relevant laws, rules of the road, and safety policies;
39.5 (3) handling emergency situations;
39.6(4) proper use of seat belts;
39.7 (5) performance of pretrip and posttrip vehicle inspections, and inspection record
39.8keeping; and
39.9(6) proper maintenance of required records.
39.10(d) The carrier must:
39.11(1) perform a background check or background investigation of the operator;
39.12(2) annually verify the operator's driver's license;
39.13(3) document meeting the requirements in this subdivision, and maintain the file
39.14at the carrier's business location;
39.15(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
39.16of the seating capacity of the vehicle; and
39.17(5) maintain uninsured and underinsured coverage in a minimum amount of
39.18$1,000,000.
39.19If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
39.20employees, then the insurance requirements may be satisfied by either that party or the
39.21motor carrier, so long as the motor carrier is a named insured or additional insured under
39.22any policy.
39.23 (e) A person who sustains a conviction of violating section169A.25 ,
169A.26 ,
39.24169A.27 , or
169A.31 , or whose driver's license is revoked under sections
169A.50 to
39.25169A.53 of the implied consent law, or who is convicted of or has their driver's license
39.26revoked under a similar statute or ordinance of another state, may not operate a vehicle
39.27under this subdivision for five years from the date of conviction. A person who sustains a
39.28conviction of a moving offense in violation of chapter 169 within three years of the first
39.29of three other moving offenses may not operate a vehicle under this subdivision for one
39.30year from the date of the last conviction. A person who has ever been convicted of a
39.31disqualifying offense as defined in section171.3215, subdivision 1 , paragraph (c), may
39.32not operate a vehicle under this subdivision.
39.33(f) An operator who sustains a conviction as described in paragraph (e) while
39.34employed by the carrier shall report the conviction to the carrier within ten days of the
39.35date of the conviction.
40.1(g) A carrier must implement a mandatory alcohol and controlled substance testing
40.2program as provided under sections 181.950 to 181.957 that consists of preemployment
40.3testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty
40.4testing, and follow-up testing.
40.5(h) A motor carrier of railroad employees shall not allow or require a driver to drive
40.6or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours
40.7of combined on-duty time and drive time since last obtaining eight consecutive hours of
40.8off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive
40.9days. After 24 hours off duty, a driver begins a new seven consecutive day period and
40.10on-duty time is reset to zero.
40.11(i) An operator who encounters an emergency and cannot, because of that
40.12emergency, safely complete a transportation assignment within the ten-hour maximum
40.13driving time permitted under paragraph (h), may drive for not more than two additional
40.14hours in order to complete that transportation assignment or to reach a place offering
40.15safety for the occupants of the vehicle and security for the transport motor vehicle, if the
40.16transportation assignment reasonably could have been completed within the ten-hour
40.17period absent the emergency.
40.18(j) A carrier shall maintain and retain for a period of six months accurate time
40.19records that show the time the driver reports for duty each day; the total number of hours
40.20of on-duty time for each driver for each day; the time the driver is released from duty each
40.21day; and the total number of hours driven each day.
40.22(k) For purposes of this subdivision, the following terms have the meanings given:
40.23(1) "conviction" has the meaning given in section 609.02; and
40.24(2) "on-duty time" means all time at a terminal, facility, or other property of a
40.25contract carrier or on any public property waiting to be dispatched. On-duty time includes
40.26time spent inspecting, servicing, or conditioning the vehicle.
40.27EFFECTIVE DATE.Paragraph (d), clause (5), is effective July 1, 2011.
40.28 Sec. 46. Minnesota Statutes 2009 Supplement, section 299D.03, subdivision 5, is
40.29amended to read:
40.30 Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
40.31money collected from persons apprehended or arrested by officers of the State Patrol
40.32shall be transmitted by the person or officer collecting the fines, forfeited bail money,
40.33or installments thereof, on or before the tenth day after the last day of the month in
40.34which these moneys were collected, to the commissioner of management and budget.
40.35Except where a different disposition is required in this subdivision or section387.213 , or
41.1otherwise provided by law, three-eighths of these receipts must be deposited in the state
41.2treasury and credited to the state general fund. The other five-eighths of these receipts
41.3must be deposited in the state treasury and credited as follows: (1) the first$600,000
41.4$1,000,000 in each fiscal year must be credited to the Minnesota grade crossing safety
41.5account in the special revenue fund, and (2) remaining receipts must be credited to the state
41.6trunk highway fund. If, however, the violation occurs within a municipality and the city
41.7attorney prosecutes the offense, and a plea of not guilty is entered, one-third of the receipts
41.8shall be deposited in the state treasury and credited to the state general fund, one-third of
41.9the receipts shall be paid to the municipality prosecuting the offense, and one-third shall be
41.10deposited in the state treasury and credited to the Minnesota grade crossing safety account
41.11or the state trunk highway fund as provided in this paragraph. When section387.213 also
41.12is applicable to the fine, section387.213 shall be applied before this paragraph is applied.
41.13All costs of participation in a nationwide police communication system chargeable to the
41.14state of Minnesota shall be paid from appropriations for that purpose.
41.15(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
41.16from violations of statutes governing the maximum weight of motor vehicles, collected
41.17from persons apprehended or arrested by employees of the state of Minnesota, by means
41.18of stationary or portable scales operated by these employees, shall be transmitted by the
41.19person or officer collecting the fines or forfeited bail money, on or before the tenth day
41.20after the last day of the month in which the collections were made, to the commissioner
41.21of management and budget. Five-eighths of these receipts shall be deposited in the state
41.22treasury and credited to the state highway user tax distribution fund. Three-eighths of
41.23these receipts shall be deposited in the state treasury and credited to the state general fund.
41.24 Sec. 47. Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read:
41.25 Subd. 3. Municipality. "Municipality" does not include a county unless the county
41.26owns or controls an airport, in which case such county may exercise all the powers
41.27granted by said sections to other municipalities. It specifically includes a town, an airport
41.28authority, the Metropolitan Airports Commission established and operated pursuant to
41.29chapter 473, and the state of Minnesota.
41.30 Sec. 48. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:
41.31 Subd. 2a.Hardship Loans for acquisition and relocation. (a) The council may
41.32makehardship loans to acquiring authorities within the metropolitan area to purchase
41.33homestead property located in a proposed state trunk highway right-of-way or project,
41.34and to provide relocation assistance. Acquiring authorities are authorized to accept the
42.1loans and to acquire the property. Except as provided in this subdivision, the loans shall
42.2be made as provided in subdivision 2. Loans shall be in the amount of the fair market
42.3value of the homestead property plus relocation costs and less salvage value. Before
42.4construction of the highway begins, the acquiring authority shall convey the property to
42.5the commissioner of transportation at the same price it paid, plus relocation costs and less
42.6its salvage value. Acquisition and assistance under this subdivision must conform to
42.7sections117.50 to
117.56 .
42.8(b) The council may makehardship loans only when:
42.9(1) the owner of affected homestead property requests acquisition and relocation
42.10assistance from an acquiring authority;
42.11(2) federal or state financial participation is not available;
42.12(3) the owner is unable to sell the homestead property at its appraised market
42.13value because the property is located in a proposed state trunk highway right-of-way or
42.14project as indicated on an official map or plat adopted under section160.085 ,
394.361 , or
42.15462.359
; and
42.16(4) the council agrees to and approves the fair market value of the homestead
42.17property, which approval shall not be unreasonably withheld; and.
42.18(5) the owner of the homestead property is burdened by circumstances that constitute
42.19a hardship, such as catastrophic medical expenses; a transfer of the homestead owner by
42.20the owner's employer to a distant site of employment; or inability of the owner to maintain
42.21the property due to physical or mental disability or the permanent departure of children
42.22from the homestead.
42.23(c) For purposes of this subdivision, the following terms have the meanings given
42.24them.
42.25(1) "Acquiring authority" means counties, towns, and statutory and home rule
42.26charter cities in the metropolitan area.
42.27(2) "Homestead property" means (i) a single-family dwelling occupied by the owner,
42.28and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
42.29as defined in section 327B.01, subdivision 13.
42.30(3) "Salvage value" means the probable sale price of the dwelling and other property
42.31that is severable from the land if offered for sale on the condition that it be removed from
42.32the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
42.33of the possible uses of the property, including separate use of serviceable components and
42.34scrap when there is no other reasonable prospect of sale.
42.35 Sec. 49. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:
43.1 Subd. 5. Use of public roadways and appurtenances. The council may use for the
43.2purposes of sections473.405 to
473.449 upon the conditions stated in this subdivision
43.3any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
43.4other appurtenance of a roadway, without payment of any compensation, provided the
43.5use does not interfere unreasonably with the public use or maintenance of the roadway or
43.6appurtenance or entail any substantial additional costs for maintenance. The provisions of
43.7this subdivision do not apply to the property of any common carrier railroad or common
43.8carrier railroads. The consent of the public agency in charge of such state highway or other
43.9public highway or roadway or appurtenance is not required; except that if the council seeks
43.10to use a designated parkway for regular route service in the city of Minneapolis, it must
43.11obtain permission from and is subject to reasonable limitations imposed by a joint board
43.12consisting of two representatives from the council, two members of the board of park
43.13commissioners, and a fifth member jointly selected by therepresentatives of the council
43.14and the park other members of the board. If the use is a designated Minneapolis parkway
43.15for regular route service adjacent to the city of Minneapolis, it must obtain permission
43.16from and is subject to reasonable limitations imposed by a joint board consisting of two
43.17representatives from the council, two members of the board of park commissioners, and a
43.18fifth member jointly selected by other members of the board. The joint board must include
43.19a nonvoting member appointed by the council of the city in which the parkway is located.
43.20The board of park commissioners and the council may designate persons to sit on
43.21the joint board. In considering a request by the council to use designated parkways for
43.22additional routes or trips, the joint board consisting of the council or their designees,
43.23the board of park commissioners or their designees, and the fifth member, shall base its
43.24decision to grant or deny the request based on the criteria to be established by the joint
43.25board. The decision to grant or deny the request must be made within 45 days of the
43.26date of the request. The park board must be notified immediately by the council of any
43.27temporary route detours. If the park board objects to the temporary route detours within
43.28five days of being notified, the joint board must convene and decide whether to grant the
43.29request, otherwise the request is deemed granted. If the agency objects to the proposed
43.30use or claims reimbursement from the council for additional cost of maintenance, it may
43.31commence an action against the council in the district court of the county wherein the
43.32highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
43.33in the action must conform to the Rules of Civil Procedure applicable to the district courts.
43.34The court shall sit without jury. If the court determines that the use in question interferes
43.35unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
43.36enjoin the use by the council. If the court determines that the use in question does not
44.1interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
44.2but that it entails substantial additional maintenance costs, the court shall award judgment
44.3to the agency for the amount of the additional costs. Otherwise the court shall award
44.4judgment to the council. An aggrieved party may appeal from the judgment of the district
44.5court in the same manner as is provided for such appeals in other civil actions. The council
44.6may also use land within the right-of-way of any state highway or other public roadway
44.7for the erection of traffic control devices, other signs, and passenger shelters upon the
44.8conditions stated in this subdivision and subject only to the approval of the commissioner
44.9of transportation where required by statute, and subject to the express provisions of other
44.10applicable statutes and to federal requirements where necessary to qualify for federal aid.
44.11 Sec. 50. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
44.12 Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle
44.13at the request of a law enforcement officer shall have a lien on the motor vehicle for the
44.14value of the storage and towing and the right to retain possession of the motor vehicle
44.15until the lien is lawfully discharged. This section does not apply to towsauthorized
44.16in section
169.041, subdivision 4, clause (1) of vehicles parked in violation of snow
44.17emergency regulations.
44.18 Sec. 51. Laws 2008, chapter 287, article 1, section 122, is amended to read:
44.19 Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD
44.20EXTINGUISHMENT.
44.21 (a) Any extinguishment of town interest in a town road under Minnesota Statutes,
44.22section164.06, subdivision 2 , is hereby nullified if:
44.23 (1) the interest was not recorded or filed with the county recorder but was recorded
44.24or filed with the county auditor prior to 1972;
44.25 (2) the state or a political subdivision has constructed or funded a road or bridge
44.26improvement on a right-of-way affected by the interest;
44.27 (3) the affected road was the only means of access to a property;
44.28 (4) the extinguishment took place within the last ten years; and
44.29 (5) a person whose only access to property was lost because of the extinguishment
44.30files a petition of a nullification with the town board stating that the person's property
44.31became landlocked because of the extinguishment and that the road satisfies all of the
44.32requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
44.33recorded with the county auditor must be attached to the petition. The town shall file the
44.34petition with the county auditor and record it with the county recorder.
45.1 (b) Notwithstanding Minnesota Statutes, sections164.08, subdivision 1 , and
45.2541.023
, for any nullification under paragraph (a), the affected road is hereby deemed to
45.3be a cartway. No additional damages or other payments may be required other than those
45.4paid at the time the fee interest was originally acquired and the order filed with the county
45.5auditor. A cartway created by this paragraph may be converted to a private driveway
45.6under Minnesota Statutes, section164.08, subdivision 2 .
45.7 (c) For purposes of this section, "affected road" means the road in which the town
45.8board extinguished its interest.
45.9EFFECTIVE DATE.This section is effective the day following final enactment.
45.10 Sec. 52. Laws 2008, chapter 350, article 1, section 5, the effective date, is amended to
45.11read:
45.12EFFECTIVE DATE.Paragraph (b) and paragraph (c), clause (1), are effective the
45.13day following final enactment and apply to any additional tax for a registration period
45.14that starts on or after March 1,2011 2012.
45.15 Sec. 53. ROUNDABOUTS DESIGN.
45.16(a) The commissioner of transportation shall, as part of the next regular update of
45.17appropriate design and highway construction manuals, develop specifications or standards
45.18on the design of roundabouts. The specifications or standards must include consideration
45.19of the suitability of roundabout designs for commercial motor vehicles, as defined in
45.20Minnesota Statutes, section 169.011, subdivision 16, and disabled persons as defined
45.21by Minnesota Statutes, section 256.481.
45.22(b) In developing the specifications or standards, the commissioner shall consult
45.23with:
45.24(1) the Minnesota Trucking Association;
45.25(2) representatives, as identified by the commissioner, of persons who regularly
45.26obtain oversize or overweight permits under Minnesota Statutes, chapter 169, and are
45.27reasonably likely to travel on routes that would include a roundabout; and
45.28(3) the Council on Disability established under Minnesota Statutes, section 256.482.
45.29(c) The commissioner shall distribute the specifications or standards, or a similar
45.30advisory guidance document, to local road authorities.
45.31EFFECTIVE DATE.This section is effective the day following final enactment.
45.32 Sec. 54. TIFIA PILOT PROGRAM.
46.1(a) The commissioner of transportation may conduct a pilot program to apply for
46.2and receive financial assistance under the Transportation Infrastructure Finance and
46.3Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other
46.4federal transportation loan, grant, or credit assistance programs. The assistance may
46.5include but is not limited to loans, loan guarantees, and lines of credit. The commissioner
46.6may enter into agreements to repay the financial assistance subject to the availability of
46.7state money or other dedicated revenue or resources, with the approval of Minnesota
46.8Management and Budget.
46.9(b) The pilot program under this section is available for one transportation project
46.10identified by the commissioner.
46.11EFFECTIVE DATE.This section is effective the day following final enactment.
46.12 Sec. 55. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR
46.13CITY OF FARMINGTON.
46.14Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the
46.15commissioner of public safety, limiting sites for the office of deputy registrar based
46.16on either the distance to an existing deputy registrar office or the annual volume of
46.17transactions processed by any deputy registrar, the commissioner of public safety shall
46.18appoint a municipal deputy registrar of motor vehicles for the city of Farmington to
46.19operate a new full-service Office of Deputy Registrar, with full authority to function
46.20as a registration and motor vehicle tax collection bureau, at the city hall in the city of
46.21Farmington. All other provisions regarding the appointment and operation of a deputy
46.22registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota
46.23Rules, chapter 7406, apply to the office.
46.24EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
46.25the governing body of the city of Farmington and its chief clerical officer timely complete
46.26their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
46.27 Sec. 56. REPEALER.
46.28Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, are repealed.
46.29 Sec. 57. EFFECTIVE DATE.
46.30Except as otherwise provided, this article is effective August 1, 2010.
1.3transportation tax compliance and appropriations, easements, transportation
1.4construction impacts on business, rest areas, highways, bridges, pavement,
1.5special license plates, deputy registrars, vehicles, impounds, towing, quick
1.6clearance of highway obstructions, intersection gridlock, bus operation,
1.7various traffic regulations, cargo tank vehicle weight exemptions, driver
1.8records, transportation department goals and mission, a Minnesota Council of
1.9Transportation Access, a Commuter Rail Corridor Coordinating Committee,
1.10railroad track safety, motor carriers, allocation of certain traffic fine proceeds,
1.11airport authorities, property acquisition for highways, transit, town road
1.12interest extinguishment nullification, roundabouts design, and a pilot program
1.13to obtain federal assistance for transportation projects; delaying effective
1.14date of amendment to definition of passenger automobile; requiring reports;
1.15making technical and clarifying changes; appropriating money;amending
1.16Minnesota Statutes 2008, sections 117.225; 161.14, by adding subdivisions;
1.17161.32, by adding a subdivision; 165.14, subdivisions 4, 5; 168.002, by adding
1.18a subdivision; 168.12, subdivision 2b; 168.123, by adding a subdivision;
1.19168.1293; 168.33, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision
1.203; 169.04; 169.041, subdivision 5, by adding a subdivision; 169.15; 169.306;
1.21169.345, subdivision 1; 169.87, by adding a subdivision; 171.12, subdivision 6;
1.22174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.185; 174.22, by adding a
1.23subdivision; 174.23, subdivisions 1, 2; 174.24, subdivisions 2, 3b, by adding a
1.24subdivision; 174.247; 174.86, subdivision 5; 219.01; 221.012, subdivision 38, by
1.25adding a subdivision; 360.061, subdivision 3; 473.167, subdivision 2a; 473.411,
1.26subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009 Supplement,
1.27sections 160.165; 161.14, subdivision 62; 169.865, subdivision 1; 174.24,
1.28subdivisions 1a, 5; 299D.03, subdivision 5; Laws 2008, chapter 287, article 1,
1.29section 122; Laws 2008, chapter 350, article 1, section 5; Laws 2009, chapter
1.3036, article 1, sections 1; 5, subdivisions 1, 3, 4; proposing coding for new law
1.31in Minnesota Statutes, chapters 160; 174; 221; repealing Minnesota Statutes
1.322008, section 169.041, subdivisions 3, 4.
1.33BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.3 Section 1. Laws 2009, chapter 36, article 1, section 1, is amended to read:
| 2.4 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.6in this article.
2.22EFFECTIVE DATE.This section is effective July 1, 2010.
2.23 Sec. 2. Laws 2009, chapter 36, article 1, section 5, subdivision 1, is amended to read:
| 2.24 2.25 |
Subdivision 1.Total Appropriation |
$ |
152,478,000 |
$ |
152,628,000 |
||
3.2purpose are specified in the following
3.3subdivisions.
3.4EFFECTIVE DATE.This section is effective July 1, 2010.
3.5 Sec. 3. Laws 2009, chapter 36, article 1, section 5, subdivision 3, is amended to read:
| 3.6 |
Subd. 3.State Patrol |
||||||
| 3.7 3.8 |
(a) Patrolling Highways |
71,522,000 |
71,331,000 |
||||
| 3.9 |
Appropriations by Fund |
||
| 3.10 |
General |
37,000 |
37,000 |
| 3.11 |
H.U.T.D. |
92,000 |
92,000 |
| 3.12 3.13 |
Trunk Highway |
71,393,000 |
71,202,000 |
3.15highway fund in fiscal years 2012 and 2013
3.16is $71,393,000 for each fiscal year.
| 3.17 |
(b) Commercial Vehicle Enforcement |
7,996,000 |
7,796,000 |
||||
3.19fund.
3.20$800,000 the first year and $600,000 the
3.21second year are for the Office of Pupil
3.22Transportation Safety.
| 3.23 |
(c) Capitol Security |
3,113,000 |
3,113,000 |
||||
3.25The commissioner may not: (1) spend
3.26any money from the trunk highway fund
3.27for capitol security; or (2) permanently
3.28transfer any state trooper from the patrolling
3.29highways activity to capitol security.
3.30The commissioner may not transfer any
3.31money: (1) appropriated for Department of
3.32Public Safety administration, the patrolling of
3.33highways, commercial vehicle enforcement,
4.1or driver and vehicle services to capitol
4.2security; or (2) from capitol security.
| 4.3 |
(d) Vehicle Crimes Unit |
-0- |
191,000 |
||||
| 4.4 |
Appropriations by Fund |
||
| 4.5 |
General |
-0- |
12,000 |
| 4.6 |
Transit Assistance |
-0- |
72,000 |
| 4.7 |
H.U.T.D. |
-0- |
107,000 |
4.9registration tax and motor vehicle sales tax
4.10liabilities from individuals and businesses
4.11that currently do not pay all taxes owed
4.12and illegal or improper activity related to
4.13sale, transfer, titling, and registration of
4.14motor vehicles. The commissioner shall
4.15staff the Vehicle Crimes Unit in a manner
4.16that minimizes overall personnel costs, and
4.17assigns all duties and functions as reasonable
4.18and appropriate to employees who are not
4.19peace officers, as provided in Minnesota
4.20Statutes, section 299D.06. This initiative is
4.21expected to result in new revenues for the
4.22biennium as follows:
4.23(1) $114,000 for the highway user tax
4.24distribution fund;
4.25(2) $75,000 for the transit assistance fund;
4.26and
4.27(3) $13,000 for the general fund.
4.28The general fund appropriation for fiscal year
4.292011 is a onetime appropriation.
4.30Notwithstanding the appropriation under
4.31Minnesota Statutes, section 16A.88,
4.32subdivision 2, $65,000 of the amount
4.33appropriated in fiscal year 2011 is from the
4.34metropolitan area transit account in the transit
4.35assistance fund. The base appropriation from
5.1the metropolitan area transit account in fiscal
5.2years 2012 and 2013 is $250,000 for each
5.3fiscal year.
5.4Notwithstanding the appropriation under
5.5Minnesota Statutes, section 16A.88,
5.6subdivision 1a, $7,000 of the amount
5.7appropriated in fiscal year 2011 is from
5.8the greater Minnesota transit account
5.9in the transit assistance fund. The base
5.10appropriation from the greater Minnesota
5.11transit account in fiscal years 2012 and 2013
5.12is $27,000 for each fiscal year.
5.13The base appropriation from the highway
5.14user tax distribution fund in fiscal years 2012
5.15and 2013 is $416,000 for each fiscal year.
5.16By February 1, 2015, the commissioner shall
5.17submit a report to the house of representatives
5.18and senate committees having jurisdiction
5.19over transportation finance on the revenues
5.20generated by the Vehicle Crimes Unit.
5.21EFFECTIVE DATE.This section is effective July 1, 2010.
5.22 Sec. 4. Laws 2009, chapter 36, article 1, section 5, subdivision 4, is amended to read:
| 5.23 |
Subd. 4.Driver and Vehicle Services |
||||||
| 5.24 5.25 |
(a) Vehicle Services |
26,909,000 |
27,259,000 |
||||
| 5.26 |
Appropriations by Fund |
||
| 5.27 5.28 |
Special Revenue |
18,973,000 |
19,023,000 |
| 5.29 |
H.U.T.D. |
7,936,000 |
8,236,000 |
5.31from the vehicle services operating account.
5.32Of the appropriation for fiscal year 2011
5.33from the special revenue fund, $50,000 is
5.34for assistance to the Vehicle Crimes Unit in
6.1investigations as provided under subdivision
6.23, paragraph (d).
| 6.3 |
(b) Driver Services |
28,712,000 |
28,712,000 |
||||
| 6.4 |
Appropriations by Fund |
||
| 6.5 |
Special Revenue |
28,711,000 |
28,711,000 |
| 6.6 |
Trunk Highway |
1,000 |
1,000 |
6.8from the driver services operating account.
6.9EFFECTIVE DATE.This section is effective July 1, 2010.
6.12 Section 1. Minnesota Statutes 2008, section 117.225, is amended to read:
6.13117.225 EASEMENT DISCHARGE.
6.14Whenever claiming that an easement or portion of an easement acquired by
6.15condemnation is not being used for the purposes for which it was acquired, the underlying
6.16fee owner may apply to the district court of the county in which the land is situated for an
6.17order discharging the easement or portion of the easement, upon such terms as are just and
6.18equitable. Due notice of said application shall be given to all interested parties. Provided,
6.19however, this section shall not apply to easements or portions of easements acquired by
6.20condemnation by a public service corporation now or hereafter doing business in the
6.21state of Minnesota.
6.22 Sec. 2. Minnesota Statutes 2009 Supplement, section 160.165, is amended to read:
6.23160.165 MITIGATING TRANSPORTATION CONSTRUCTION IMPACTS
6.24ON BUSINESS.
6.25 Subdivision 1. Definitions. For the purposes of this section, the following terms
6.26have the meanings given:
6.27(1) "project" means construction work to maintain, construct, reconstruct, or
6.28improve a street or highway or for a rail transit project;
6.29(2) "substantial business impacts" means impairment of road access, parking, or
6.30visibility for one or more business establishments as a result of a project, for a minimum
6.31period of one month; and
7.1(3) "transportation authority" means the commissioner, as to trunk highways; the
7.2county board, as to county state-aid highways and county highways; the town board, as to
7.3town roads;
7.4Council, for rail transit projects located entirely within the metropolitan area as defined in
7.5section 473.121, subdivision 2; and the commissioner, for all other rail transit projects.
7.6 Subd. 2. Business liaison. (a) Before beginning construction work on a project,
7.7a transportation authority shall identify whether the project is anticipated to include
7.8substantial business impacts. For such projects, the transportation authority shall designate
7.9an individual to serve as business liaison between the transportation authority and affected
7.10businesses.
7.11(b) The business liaison shall consult with affected businesses before and
7.12during construction to investigate means of mitigating project impacts to businesses.
7.13The mitigation considered must include signage. The business liaison shall provide
7.14information to the identified businesses before and during construction, concerning project
7.15duration and timetables, lane and road closures, detours, access impacts, customer parking
7.16impacts, visibility, noise, dust, vibration, and public participation opportunities.
7.17 Subd. 3. Exception. This section does not apply to construction work in connection
7.18with the Central Corridor light rail transit line that will connect downtown Minneapolis
7.19and downtown St. Paul.
7.20EFFECTIVE DATE.Subdivision 1 is effective July 1, 2012. Subdivision 3 is
7.21effective July 1, 2010.
7.22 Sec. 3. [160.2755] PROHIBITED ACTIVITIES AT REST AREAS.
7.23 Subdivision 1. Prohibited activities. It is unlawful at rest areas to:
7.24(1) dispose of travel-related trash and rubbish, except if depositing it in a designated
7.25receptacle;
7.26(2) dump household or commercial trash and rubbish into containers or anywhere
7.27else on site; or
7.28(3) drain or dump refuse or waste from any trailer, recreational vehicle, or other
7.29vehicle except where receptacles are provided and designated to receive the refuse or
7.30waste.
7.31 Subd. 2. Penalty. Violation of this section is a petty misdemeanor.
7.32EFFECTIVE DATE.This section is effective August 1, 2010, and applies to acts
7.33committed on or after that date.
8.1 Sec. 4. Minnesota Statutes 2009 Supplement, section 161.14, subdivision 62, is
8.2amended to read:
8.3 Subd. 62. Clearwater County Veterans Memorial Highway. (a) The following
8.4described route is designated the "Clearwater County Veterans Memorial Highway": that
8.5portion of Legislative Route No. 168, marked on August 1, 2009, as Trunk Highway 200,
8.6from its intersection with Clearwater County State-Aid Highway
8.7with Legislative Route No. 169, marked on August 1, 2009, as Trunk Highway 92; and that
8.8portion of Route No. 169 to its intersection with Clearwater County State-Aid Highway 5.
8.9(b) The commissioner shall adopt a suitable marking design to mark this highway
8.10and erect appropriate signs, subject to section
8.11 Sec. 5. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.12to read:
8.13 Subd. 64. Veterans Memorial Highway. Legislative Route No. 31, signed as
8.14Trunk Highway 200 as of the effective date of this section, from the border with North
8.15Dakota to the city of Mahnomen, is designated as the "Veterans Memorial Highway." The
8.16commissioner shall adopt a suitable design to mark this highway and erect appropriate
8.17signs, subject to section 161.139.
8.18 Sec. 6. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.19to read:
8.20 Subd. 65. Becker County Veterans Memorial Highway. Marked Trunk Highway
8.2134, from its intersection with Washington Avenue in Detroit Lakes to its intersection with
8.22County State-Aid Highway 39; and marked Trunk Highway 87, from its intersection
8.23with County State-Aid Highway 33 to its intersection with County State-Aid Highway
8.2439, is named and designated the "Becker County Veterans Memorial Highway." Subject
8.25to section 161.139, the commissioner shall adopt a suitable marking design to mark this
8.26highway and erect appropriate signs.
8.27 Sec. 7. Minnesota Statutes 2008, section 161.14, is amended by adding a subdivision
8.28to read:
8.29 Subd. 66. Granite City Crossing. The bridge over the Mississippi River on marked
8.30Trunk Highway 23 in St. Cloud is designated "Granite City Crossing." The commissioner
8.31of transportation shall adopt a suitable design to mark this bridge and erect appropriate
8.32signs, subject to section 161.139.
9.1 Sec. 8. Minnesota Statutes 2008, section 161.32, is amended by adding a subdivision
9.2to read:
9.3 Subd. 8. Alternative bidding; paving materials. (a) For purposes of this
9.4subdivision, the terms defined in section 174.185, subdivision 1, have the meanings given
9.5them.
9.6(b) For all contracts for an applicable project entered into on or after January 31,
9.72011, the commissioner shall use the standard for life-cycle cost analysis developed under
9.8section 174.185, subdivision 1a, as the basis for alternative bidding in which bidders may
9.9select alternative project designs that use alternative paving materials.
9.10EFFECTIVE DATE.This section is effective the day following final enactment.
9.11 Sec. 9. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
9.12 Subd. 4. Prioritization of bridge projects. (a) The commissioner shall classify all
9.13bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless
9.14the commissioner identifies a reason for proceeding otherwise, before commencing bridge
9.15projects in a lower tier, all bridge projects within a higher tier must to the extent feasible
9.16be selected and funded in the approved state transportation improvement program, at
9.17any stage in the project development process, solicited for bids, in contract negotiation,
9.18under construction, or completed.
9.19 (b) The classification of each tier is as follows:
9.20 (1) tier 1 consists of any bridge in the program that (i) has an average daily traffic
9.21count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is
9.22identified by the commissioner as a priority project;
9.23 (2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as
9.24fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and
9.25 (3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge.
9.26 (c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program
9.27must be under contract for repair or replacement with a new bridge that contains a
9.28load-path-redundant design, except that a specific bridge may remain in continued service
9.29if the reasons are documented in the report required under subdivision 5.
9.30 (d) All bridge projects funded under this section in fiscal year 2012 or later must
9.31include bicycle and pedestrian accommodations if both sides of the bridge are located in a
9.32city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
9.33Bicycle and pedestrian accommodations would not be required if:
10.1(1) a comprehensive assessment demonstrates that there is an absence of need for
10.2bicycle and pedestrian accommodations for the life of the bridge; or
10.3(2) there is a reasonable alternative bicycle and pedestrian crossing within
10.4one-quarter mile of the bridge project.
10.5All bicycle and pedestrian accommodations should enable a connection to any existing
10.6bicycle and pedestrian infrastructure in close proximity to the bridge. All pedestrian
10.7facilities must meet or exceed federal accessibility requirements as outlined in Title II of
10.8the Americans with Disabilities Act, codified in United States Code, title 42, chapter
10.9126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in United
10.10States Code, title 29, section 794.
10.11(e) The commissioner shall establish criteria for determining the priority of bridge
10.12projects within each tier, and must include safety considerations as a criterion.
10.13EFFECTIVE DATE.This section is effective July 1, 2010.
10.14 Sec. 10. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
10.15 Subd. 5. Statewide transportation planning report. In conjunction with each
10.16update to the Minnesota statewide transportation plan, or at least every six years, the
10.17commissioner shall submit a report to the chairs and ranking minority members of the
10.18house of representatives and senate committees with jurisdiction over transportation
10.19finance. The report must include:
10.20 (1) an explanation of the criteria and decision-making processes used to prioritize
10.21bridge projects;
10.22 (2) a historical and projected analysis of the extent to which all trunk highway
10.23bridges meet bridge performance targets and comply with the accessibility requirements
10.24of Title II of the Americans with Disabilities Act of 1990, Public Law 101-336;
10.25 (3) a summary of bridge projects (i) completed in the previous six years or since the
10.26last update to the Minnesota statewide transportation plan, and (ii) currently in progress
10.27under the program;
10.28 (4) a summary of bridge projects scheduled in the next four fiscal years and included
10.29in the state transportation improvement program;
10.30 (5) a projection of annual needs over the next 20 years;
10.31 (6) a calculation of funding necessary to meet the completion date under subdivision
10.324, paragraph (c), compared to the total amount of bridge-related funding available; and
10.33 (7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an
10.34explanation of the reasons for repair instead of replacement.
11.1 Sec. 11. Minnesota Statutes 2008, section 168.002, is amended by adding a subdivision
11.2to read:
11.3 Subd. 31a. Special plates. Unless otherwise specified, "special plates" or "special
11.4plate" means plates, or a single motorcycle plate, that are designed with wording or
11.5graphics that differ from a regular Minnesota passenger automobile plate or motorcycle
11.6plate.
11.7EFFECTIVE DATE.This section is effective the day following final enactment.
11.8 Sec. 12. Minnesota Statutes 2008, section 168.12, subdivision 2b, is amended to read:
11.9 Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue
11.10special plates, or a single license plate in the case of a motorcycle plate, to any applicant
11.11who:
11.12 (1) is a member of, or has retired after at least 15 years of service as a member
11.13of, a fire department receiving state aid under chapter 69, and has a letter from the fire
11.14chief
11.15(2) is an owner of a passenger automobile, a truck with a manufacturer's nominal
11.16rated capacity of one ton and resembling a pickup truck, or a motorcycle;
11.17
11.18
11.19
11.20vehicles and licensing of drivers.
11.21 (b) In lieu of the identification required under subdivision 1, the special plates must
11.22bear an emblem of a Maltese Cross together with any numbers or characters prescribed by
11.23the commissioner.
11.24 (c) Special plates issued under this subdivision may only be used during the period
11.25that the owner of the motor vehicle is a member of a fire department as specified in this
11.26subdivision. When the individual to whom the special plates were issued is no longer a
11.27member of a fire department or when the motor vehicle ownership is transferred, the
11.28owner shall remove the special plates from the motor vehicle. If the commissioner
11.29receives written notification that an individual is no longer qualified for these special
11.30plates, the commissioner shall invalidate the plates and notify the individual of this
11.31action. The individual may retain the plate only upon demonstrating compliance with the
11.32qualifications of this subdivision. Upon removal or invalidation of the special plates, or
11.33special motorcycle plate, either the owner or purchaser of the motor vehicle shall obtain
11.34regular plates or a regular motorcycle plate for the proper registration classification for
11.35the motor vehicle.
12.1 (d) A special motorcycle license plate issued under this subdivision must be the
12.2same size as a standard motorcycle license plate.
12.3 (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger
12.4automobile or truck may be transferred to another passenger automobile or truck owned
12.5or jointly owned by the person to whom the plates were issued. On payment of a fee of
12.6$5, a plate issued under this subdivision for a motorcycle may be transferred to another
12.7motorcycle owned or jointly owned by the person to whom the plate was issued.
12.8 (f) The commissioner may adopt rules under the Administrative Procedure Act,
12.9sections
12.10in this subdivision.
12.11 Sec. 13. Minnesota Statutes 2008, section 168.123, is amended by adding a subdivision
12.12to read:
12.13 Subd. 2b. Eligibility; combat wounded plate. A member of the United States
12.14armed forces who is serving actively in the military and who is a recipient of the purple
12.15heart medal is also eligible for the license plate under subdivision 2, paragraph (e). The
12.16commissioner of public safety shall ensure that information regarding the required proof
12.17of eligibility for any applicant under this subdivision who has not yet been issued military
12.18discharge papers is distributed to the public officials responsible for administering this
12.19section.
12.20EFFECTIVE DATE.This section is effective August 1, 2010.
12.21 Sec. 14. Minnesota Statutes 2008, section 168.1293, is amended to read:
12.22168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
12.23DISCONTINUANCE.
12.24 Subdivision 1. Definition. For purposes of this section
12.25following terms have the meanings given them:
12.26(1) "new special plate" or "proposed special plate" means a special plate
12.27
12.28
12.29this chapter and for which legislation authorizing the plate, including but not limited to a
12.30bill or amendment, is introduced or presented to the legislature; and
12.31(2) "proximate special plate" means a special plate (i) authorized under section
12.32
12.33after August 1, 2010.
13.1 Subd. 1a. Establishment of plate. The commissioner may only establish a special
13.2plate as authorized under this chapter. This requirement does not apply to alternative
13.3or additional designs for a special plate.
13.4 Subd. 2. Submissions to commissioner. (a) A person, legal entity, or other
13.5requester, however organized, that plans to seek legislation establishing a new special
13.6plate, or is a proponent of a new special plate, shall submit the following information and
13.7fee to the commissioner:
13.8(1) The requester shall submit a request for the special plate being sought, describing
13.9the
13.10or minimum contribution required for the plate.
13.11(2) The requester shall submit the results of a scientific sample survey of Minnesota
13.12motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend
13.13to purchase the proposed plate with the proposed fee or minimum contribution. The
13.14requester's plan to undertake the survey must be reported to the commissioner before the
13.15survey is undertaken. The survey must be performed independently of the requester by
13.16another person or legal entity, however organized, that conducts similar sample surveys
13.17in the normal course of business.
13.18(3) The requester shall submit an application fee of $20,000, to cover the cost of
13.19reviewing the application for a new plate and developing the new special plate if authorized
13.20by law. State funds may not be used to pay the application fee. This requirement does not
13.21apply if legislation or a bill introduced to the legislature proposing the new special plate
13.22contains a mechanism by which all costs incurred by the commissioner for development
13.23and implementation of the plate are covered, provided that the application fee subsequently
13.24does apply if such a mechanism is not enacted in the law authorizing the new special plate.
13.25(4) The requester shall submit a marketing strategy that contains (i) short-term and
13.26long-term marketing plans for the requested plate, and (ii) a financial analysis showing
13.27the anticipated revenues and the planned expenditures of any fee or contribution derived
13.28from the requested plate.
13.29(b) The requester shall submit the information required under paragraph (a) to the
13.30commissioner at least 120 days before the convening of the next regular legislative session
13.31at which the requester will submit the proposal.
13.32 Subd. 2a. Information for legislature. (a) Within 15 days of the introduction of a
13.33bill proposing a new special plate, the commissioner shall submit a briefing to the chairs
13.34and ranking minority members of the house of representatives and senate committees to
13.35which the bill was referred. At a minimum, the briefing must:
13.36(1) summarize the requirements for a special plate under this section; and
14.1(2) identify which of the requirements have been met for the proposed special plate.
14.2(b) If a proposed special plate is a topic of discussion at a legislative committee
14.3hearing, the commissioner shall make every reasonable effort to provide testimony. The
14.4testimony must include the information required in the briefing under paragraph (a).
14.5(c) Notwithstanding section 3.195, the commissioner may submit the briefing under
14.6paragraph (a) by submitting an electronic version rather than a printed version.
14.7 Subd. 3. Design; redesign. (a) If the proposed
14.8requester is approved by law, the requester shall submit the proposed design for the plate
14.9to the commissioner as soon as practicable, but not later than 120 days after the effective
14.10date of the law authorizing issuance of the plate. The commissioner is responsible for
14.11selecting the final design for the special plate.
14.12(b) The requester that originally requested a new special plate subsequently approved
14.13by law may not submit a new design for the plate within the five years following the date
14.14of first issuance of the plate unless the inventory of those plates has been exhausted.
14.15The requester may deplete the remaining inventory of the plates by reimbursing the
14.16commissioner for the cost of the plates.
14.17 Subd. 4. Refund of fee. If the special plate requested is not authorized in the
14.18legislative session at which authorization was sought, the commissioner shall, if
14.19applicable, refund $17,500 of the application fee to the requester.
14.20 Subd. 5. Discontinuance of plate. (a) The commissioner shall discontinue the
14.21issuance or renewal of any proximate special plate
14.22
14.23plates are currently registered at the end of the first six years during which the plates are
14.24available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of
14.25any subsequent two-year period following the first six years of availability.
14.26(b) The commissioner shall discontinue the issuance or renewal of any proximate
14.27special plate
14.28
14.29commissioner determines that (1) the fund or requester receiving the contributions no
14.30longer exists, (2) the requester has stopped providing services that are authorized to be
14.31funded from the contribution proceeds, (3) the requester has requested discontinuance, or
14.32(4) contributions have been used in violation of subdivision 6.
14.33(c) Nothing in this subdivision applies to plates issued under section
14.35(d) Upon commencing discontinuance of a proximate special plate under this
14.36subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and
15.1(2) shall allow retention of any existing plate for the regular period. For purposes of this
15.2paragraph, "regular period" may be, as appropriate, the period specified under section
15.3168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as
15.4otherwise provided by law.
15.5 Subd. 6. Use of contributions. Contributions made as a condition of obtaining a
15.6proximate special plate
15.7
15.8for-profit purposes.
15.9 Subd. 7. Deposit of fee; appropriation. The commissioner shall deposit the
15.10application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services
15.11operating account of the special revenue fund under section
15.12sufficient to pay the department's cost in implementing and administering this section,
15.13including payment of refunds under subdivision 4, is appropriated to the commissioner.
15.14 Sec. 15. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
15.15 Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause
15.16discontinue, a deputy registrar for any statutory or home rule charter city as the public
15.17interest and convenience may require, without regard to whether the county auditor of
15.18the county in which the city is situated has been appointed as the deputy registrar for the
15.19county or has been discontinued as the deputy registrar for the county, and without regard
15.20to whether the county in which the city is situated has established a county license bureau
15.21that issues motor vehicle licenses as provided in section
15.22(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
15.23for any statutory or home rule charter city as the public interest and convenience may
15.24require, if the auditor for the county in which the city is situated chooses not to accept
15.25appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
15.26or if the county in which the city is situated has not established a county license bureau
15.27that issues motor vehicle licenses as provided in section
15.28by the commissioner as a deputy registrar for any statutory or home rule charter city must
15.29be a resident of the county in which the city is situated.
15.30(c) The commissioner may appoint, and for cause discontinue, the county auditor of
15.31each county as a deputy registrar.
15.32(d) Despite any other provision, a person other than a county auditor or a director
15.33of a county license bureau, who was appointed by the registrar before August 1, 1976,
15.34as a deputy registrar for any statutory or home rule charter city, may continue to serve
15.35as deputy registrar and may be discontinued for cause only by the commissioner. The
16.1county auditor who appointed the deputy registrars is responsible for the acts of deputy
16.2registrars appointed by the auditor.
16.3(e) Each deputy, before entering upon the discharge of duties, shall take and
16.4subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
16.5(f) If a deputy registrar appointed under this subdivision is not an officer or employee
16.6of a county or statutory or home rule charter city, the deputy shall in addition give bond to
16.7the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
16.8conditioned upon the faithful discharge of duties as deputy registrar.
16.9(g)
16.10may be appointed a deputy registrar. Upon application by an individual serving as a
16.11deputy registrar and the giving of the requisite bond as provided in this subdivision,
16.12personally assured by the individual or another individual approved by the commissioner,
16.13a corporation named in an application then becomes the duly appointed and qualified
16.14successor to the deputy registrar.
16.15
16.16
16.17
16.18
16.19(h) Each deputy registrar appointed under this subdivision shall keep and maintain
16.20office locations approved by the commissioner for the registration of vehicles and the
16.21collection of taxes and fees on vehicles.
16.22(i) The deputy registrar shall keep records and make reports to the commissioner as
16.23the commissioner requires. The records must be maintained at the offices of the deputy
16.24registrar. The records and offices of the deputy registrar must at all times be open to the
16.25inspection of the commissioner or the commissioner's agents. The deputy registrar shall
16.26report to the commissioner by the next working day following receipt all registrations
16.27made and taxes and fees collected by the deputy registrar.
16.28(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
16.29the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
16.30but the registration tax and any additional fees for delayed registration the deputy registrar
16.31has collected the deputy registrar shall deposit by the next working day following receipt
16.32in an approved state depository to the credit of the state through the commissioner of
16.33management and budget. The place for which the deputy registrar is appointed through its
16.34governing body must provide the deputy registrar with facilities and personnel to carry out
16.35the duties imposed by this subdivision if the deputy is a public official. In all other cases,
16.36the deputy shall maintain a suitable facility for serving the public.
17.1 Sec. 16. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
17.2 Subdivision 1. Written notice of impound. (a) When an impounded vehicle is
17.3taken into custody, the unit of government or impound lot operator taking it into custody
17.4shall give written notice of the taking within five days to the registered vehicle owner
17.5and any lienholders.
17.6 (b) The notice must:
17.7 (1) set forth the date and place of the taking;
17.8 (2) provide the year, make, model, and serial number of the impounded motor
17.9vehicle, if such information can be reasonably obtained, and the place where the vehicle
17.10is being held;
17.11 (3) inform the owner and any lienholders of their right to reclaim the vehicle under
17.12section
17.13 (4) state that failure of the owner or lienholders to:
17.14 (i) exercise their right to reclaim the vehicle within the appropriate time allowed
17.15under section
17.16section
17.17in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
17.18pursuant to section
17.19 (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
17.20time allowed and under the conditions set forth in section
17.21constitutes a waiver by them of all right, title, and interest in the contents and consent to
17.22sell or dispose of the contents under section
17.23 (5) state that a vehicle owner who provides to the impound lot operator
17.24documentation from a government or nonprofit agency or legal aid office that the owner
17.25is homeless, receives relief based on need, or is eligible for legal aid services,
17.26
17.27right to retrieve any and all contents without charge.
17.28 Sec. 17. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
17.29 Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:
17.30 (1) "contents" does not include any permanently affixed mechanical or
17.31nonmechanical automobile parts; automobile body parts; or automobile accessories,
17.32including audio or video players; and
17.33 (2) "relief based on need" includes, but is not limited to, receipt of MFIP
17.34and Diversionary Work Program, medical assistance, general assistance, general
17.35assistance medical care, emergency general assistance, Minnesota supplemental aid,
18.1MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
18.2assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota
18.3working family tax credit.
18.4 (b) A unit of government or impound lot operator shall establish reasonable
18.5procedures for retrieval of vehicle contents, and may establish reasonable procedures to
18.6protect the safety and security of the impound lot and its personnel.
18.7 (c) At any time before the expiration of the waiting periods provided in section
18.9nonprofit agency or legal aid office that the registered owner is homeless, receives relief
18.10based on need, or is eligible for legal aid services,
18.11
18.12contents without charge and regardless of whether the registered owner pays incurred
18.13charges or fees, transfers title, or reclaims the vehicle.
18.14 Sec. 18. Minnesota Statutes 2008, section 169.04, is amended to read:
18.15169.04 LOCAL AUTHORITY.
18.16(a) The provisions of this chapter shall not be deemed to prevent local authorities,
18.17with respect to streets and highways under their jurisdiction, and with the consent of
18.18the commissioner, with respect to state trunk highways, within the corporate limits of a
18.19municipality, or within the limits of a town in a county in this state now having or which
18.20may hereafter have, a population of 500,000 or more, and a land area of not more than 600
18.21square miles, and within the reasonable exercise of the police power from:
18.22(1) regulating the standing or parking of vehicles;
18.23(2) regulating traffic by means of police officers or traffic-control signals;
18.24(3) regulating or prohibiting processions or assemblages on the highways;
18.25(4) designating particular highways as one-way roadways and requiring that all
18.26vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one
18.27specific direction;
18.28(5) designating any highway as a through highway and requiring that all vehicles stop
18.29before entering or crossing the same, or designating any intersection as a stop intersection,
18.30and requiring all vehicles to stop at one or more entrances to such intersections;
18.31(6) restricting the use of highways as authorized in sections
18.32(b) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6),
18.33shall be effective until signs giving notice of such local traffic regulations are posted
18.34upon and kept posted upon or at the entrance to the highway or part thereof affected as
18.35may be most appropriate.
19.1(c) No ordinance or regulation enacted under paragraph (a), clause (3), or any other
19.2provision of law shall prohibit:
19.3(1) the use of motorcycles or vehicles utilizing flashing red lights for the purpose of
19.4escorting funeral processions, oversize buildings, heavy equipment, parades or similar
19.5processions or assemblages on the highways; or
19.6(2) the use of motorcycles or vehicles that are owned by the funeral home and that
19.7utilize flashing red lights for the purpose of escorting funeral processions.
19.8(d) No ordinance or regulation enacted under paragraph (a), clause (1), or enacted
19.9by any other local authority, may hold an owner of a vehicle liable for parking violations
19.10committed before the person became the owner of the vehicle. If a vehicle is towed
19.11or impounded for failure of a former owner to pay parking fines accrued for parking
19.12violations committed by another before the present owner acquired the vehicle, the
19.13vehicle must be returned to the present owner, without charge, upon the present owner's
19.14submission of documentation showing that the person became the owner after the parking
19.15violations were committed. Local authorities must attempt to recover parking fines
19.16from the owner of the vehicle at the time the violation occurred. This paragraph does
19.17not apply to (1) a co-owner or joint owner of a vehicle also presently owned by another
19.18co-owner or joint owner who was an owner when the violations were committed or (2) to
19.19a present owner who committed parking violations while operating the subject vehicle
19.20before acquiring the vehicle.
19.21 Sec. 19. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
19.22 Subd. 5. Towing prohibited.
19.23towing authority may not tow a motor vehicle because:
19.24(1) the vehicle has expired registration tabs that have been expired for less than
19.2590 days; or
19.26(2) the vehicle is at a parking meter on which the time has expired and the vehicle
19.27has fewer than five unpaid parking tickets.
19.28(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
19.29(1) the vehicle is parked in violation of snow emergency regulations;
19.30(2) the vehicle is parked in a rush-hour restricted parking area;
19.31(3) the vehicle is blocking a driveway, alley, or fire hydrant;
19.32(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking
19.33is prohibited;
19.34(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the
19.35stop sign;
20.1(6) the vehicle is parked in a disability transfer zone or disability parking space
20.2without a disability parking certificate or disability license plates;
20.3(7) the vehicle is parked in an area that has been posted for temporary restricted
20.4parking (A) at least 12 hours in advance in a home rule charter or statutory city having
20.5a population under 50,000, or (B) at least 24 hours in advance in another political
20.6subdivision;
20.7(8) the vehicle is parked within the right-of-way of a controlled-access highway or
20.8within the traveled portion of a public street when travel is allowed there;
20.9(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to
20.10use by fire, police, public safety, or emergency vehicles;
20.11(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul
20.12International Airport owned by the Metropolitan Airports Commission;
20.13(11) a law enforcement official has probable cause to believe that the vehicle is
20.14stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is
20.15reasonably necessary to obtain or preserve the evidence;
20.16(12) the driver, operator, or person in physical control of the vehicle is taken into
20.17custody and the vehicle is impounded for safekeeping;
20.18(13) a law enforcement official has probable cause to believe that the owner,
20.19operator, or person in physical control of the vehicle has failed to respond to five or more
20.20citations for parking or traffic offenses;
20.21(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs
20.22to use by taxicabs;
20.23(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked
20.24vehicle;
20.25(16) the vehicle is parked, on a school day during prohibited hours, in a school zone
20.26on a public street where official signs prohibit parking; or
20.27(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section
20.28
20.29 Sec. 20. Minnesota Statutes 2008, section 169.041, is amended by adding a subdivision
20.30to read:
20.31 Subd. 5a. Quick clearance. (a) For purposes of this subdivision:
20.32(1) "road" includes the roadway, a lane for vehicular traffic, shoulder, on-ramp, and
20.33off-ramp of a street or highway, including a parkway; and
20.34(2) "obstructions" includes motor vehicles, debris, personal property, and cargo.
21.1(b) Within the Department of Transportation's eight-county metropolitan district, the
21.2department may move, remove, or cause to remove obstructions from a road if:
21.3(1) there has been a traffic incident involving a collision, accident, or spilled load;
21.4(2) the obstructions block a road or aggravate an emergency on a road; and
21.5(3) the department cooperates with the State Patrol and private towing or recovery
21.6companies authorized by the state concerning towing of the vehicle and removal of
21.7other obstructions.
21.8(c) The State Patrol shall make a reasonable effort to contact a motor carrier who
21.9owns the motor vehicle or other obstructions before undertaking an action under this
21.10subdivision.
21.11(d) The department shall make a reasonable effort to allow the owner of the motor
21.12vehicle to arrange for its removal and shall give due consideration to having the vehicle
21.13towed by a licensed towing service capable of safely moving the vehicle.
21.14(e) Towing charges accrued by the owner or owners of the vehicle must be
21.15reasonable and consistent with customary market prices for the type of vehicle removed
21.16and the circumstances giving rise to its removal.
21.17 Sec. 21. Minnesota Statutes 2008, section 169.15, is amended to read:
21.18169.15 IMPEDING TRAFFIC; INTERSECTION GRIDLOCK.
21.19 Subdivision 1. Impeding traffic; drive at slow speed. No person shall drive a
21.20motor vehicle at such a slow speed as to impede or block the normal and reasonable
21.21movement of traffic except when reduced speed is necessary for safe operation or in
21.22compliance with law or except when the vehicle is temporarily unable to maintain a greater
21.23speed due to a combination of the weight of the vehicle and the grade of the highway.
21.24 Subd. 2. Intersection gridlock; stop or block traffic. (a) Except as provided
21.25in paragraph (b), a driver of a vehicle shall not enter an intersection controlled by a
21.26traffic-control signal until the driver is able to move the vehicle immediately, continuously,
21.27and completely through the intersection without impeding or blocking the subsequent
21.28movement of cross traffic.
21.29(b) Paragraph (a) does not apply to movement of a vehicle made:
21.30(1) at the direction of a city-authorized traffic-control agent or a peace officer;
21.31(2) to facilitate passage of an authorized emergency vehicle with its emergency
21.32lights activated; or
21.33(3) to make a turn, as permitted under section 169.19, that allows the vehicle to
21.34safely leave the intersection.
22.1(c) A violation of this subdivision does not constitute grounds for suspension or
22.2revocation of the violator's driver's license.
22.3EFFECTIVE DATE.This section is effective January 1, 2011, and applies to acts
22.4committed on or after that date.
22.5 Sec. 22. Minnesota Statutes 2008, section 169.306, is amended to read:
22.6169.306 USE OF SHOULDERS BY BUSES.
22.7(a) The commissioner of transportation
22.8buses and Metro Mobility buses of a shoulder, as designated by the commissioner, of a
22.9freeway or expressway, as defined in section
22.10
22.11(b) If the commissioner permits the use of a freeway or expressway shoulder by
22.12transit buses, the commissioner shall
22.13a seating capacity of 40 passengers or more operated by a motor carrier of passengers,
22.14as defined in section
22.15(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or
22.16Metro Mobility services, and operated by or under contract with the Metropolitan Council,
22.17a local transit authority, or a transit authority created by the legislature. Drivers of these
22.18buses must have adequate training in the requirements of paragraph (c), as determined by
22.19the commissioner.
22.20(c) Buses authorized to use the shoulder under this section may be operated on the
22.21shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of
22.22buses being operated on the shoulder may not exceed the speed of main-line traffic by
22.23more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses
22.24being operated on the shoulder must yield to merging, entering, and exiting traffic and
22.25must yield to other vehicles on the shoulder. Buses operated on the shoulder must be
22.26registered with the Department of Transportation.
22.27(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
22.28vehicle of not less than 20 feet in length engaged in providing special transportation
22.29services under section
22.30(1) operated by
22.31public or private entity receiving financial assistance to provide transit services from the
22.32Metropolitan Council or the commissioner of transportation; and
22.33(2) authorized by the
22.34(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
23.1 Sec. 23. Minnesota Statutes 2008, section 169.345, subdivision 1, is amended to read:
23.2 Subdivision 1. Scope of privilege. (a) A motor vehicle that prominently displays
23.3the certificate authorized by this section or that bears disability plates issued under section
23.5(1) in a designated parking space for disabled persons, as provided in section
23.7(2) in a metered parking space without obligation to pay the meter fee and without
23.8time restrictions unless time restrictions are separately posted on official signs; and
23.9(3) without time restrictions in a nonmetered space where parking is otherwise
23.10allowed for passenger vehicles but restricted to a maximum period of time and that does
23.11not specifically prohibit the exercise of disabled parking privileges in that space.
23.12A person may park a motor vehicle for a physically disabled person in a parking space
23.13described in clause (1) or (2) only when actually transporting the physically disabled
23.14person for the sole benefit of that person and when the parking space is within a reasonable
23.15distance from the drop-off point.
23.16(b) For purposes of this subdivision, a certificate is prominently displayed if:
23.17(1) it is displayed:
23.18(i)
23.19it from the rearview mirror attached to the front windshield of the motor vehicle
23.20may be viewed from the front and rear of the motor vehicle;
23.21(ii) by securing it in a holder or display device located on the dashboard at the
23.22center or driver's side of the vehicle, so that it may be viewed from the front of the motor
23.23vehicle; or
23.24(iii) if there is no rearview mirror or if the certificate holder's disability precludes
23.25placing the certificate on the mirror,
23.26dashboard on the driver's side of the vehicle
23.27(2) no
23.28
23.29(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not
23.30permit parking in areas prohibited by sections
23.31parking spaces, or in parking spaces reserved for specified purposes or vehicles. A local
23.32governmental unit may, by ordinance, prohibit parking on any street or highway to create
23.33a fire lane, or to accommodate heavy traffic during morning and afternoon rush hours and
23.34these ordinances also apply to physically disabled persons.
24.1 Sec. 24. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
24.2amended to read:
24.3 Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit
24.4authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
24.5raw or unprocessed agricultural products and be operated with a gross vehicle weight
24.6of up to:
24.7 (1) 90,000 pounds; and
24.8 (2) 99,000 pounds during the period set by the commissioner under section
24.9subdivision 1
24.10 (b) Notwithstanding subdivision
24.11combination of vehicles operated under this subdivision and transporting only sealed
24.12intermodal containers may be operated on an interstate highway if allowed by the United
24.13States Department of Transportation.
24.14 (c) The fee for a permit issued under this subdivision is $300.
24.15EFFECTIVE DATE.This section is effective retroactively from July 1, 2008.
24.16 Sec. 25. Minnesota Statutes 2008, section 169.87, is amended by adding a subdivision
24.17to read:
24.18 Subd. 7. Cargo tank vehicles. (a) Weight restrictions imposed by the commissioner
24.19under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent
24.20axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted
24.21roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
24.22(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
24.23used for propane must have an operating gauge on the cargo tank that shows the amount of
24.24propane as a percent of capacity of the cargo tank. Documentation of the capacity of the
24.25cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of
24.26this subdivision, propane weighs 4.2 pounds per gallon.
24.27(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
24.28used for dyed fuel oil must utilize the forward two tank compartments and must carry
24.29documentation of the empty weight of the cargo tank vehicle from a certified scale in the
24.30cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds
24.31per gallon.
24.32(d) To the extent practicable, cargo tank vehicles that are exempt from weight
24.33restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted
24.34roads by 12:00 p.m. and before the last week of April.
25.1 Sec. 26. Minnesota Statutes 2008, section 171.12, subdivision 6, is amended to read:
25.2 Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph
25.3(b), the department shall not keep on the record of a driver any conviction for a violation
25.4of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
25.5than ten miles per hour in excess of
25.6
25.7(b) This subdivision does not apply to (1) a violation that occurs in a commercial
25.8motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
25.9driver's license, without regard to whether the violation was committed in a commercial
25.10motor vehicle or another vehicle.
25.11 Sec. 27. Minnesota Statutes 2008, section 174.01, subdivision 1, is amended to read:
25.12 Subdivision 1. Department created. In order to provide
25.13transportation system
25.14transit, railroads, and pipelines, and including facilities for walking and bicycling, a
25.15Department of Transportation is created. The department is the principal agency of the
25.16state for development, implementation, administration, consolidation, and coordination of
25.17state transportation policies, plans, and programs.
25.18 Sec. 28. Minnesota Statutes 2008, section 174.01, subdivision 2, is amended to read:
25.19 Subd. 2. Transportation goals. The goals of the state transportation system are
25.20as follows:
25.21 (1) to
25.22users throughout the state;
25.23 (2) to provide multimodal and intermodal transportation
25.24
25.25
25.26businesses and to ensure economic well-being and quality of life without undue burden
25.27placed on any community;
25.28 (3) to provide a reasonable travel time for commuters;
25.29 (4) to enhance economic development and provide for the economical, efficient, and
25.30safe movement of goods to and from markets by rail, highway, and waterway;
25.31 (5) to encourage tourism by providing appropriate transportation to Minnesota
25.32facilities designed to attract tourists and to enhance the appeal, through transportation
25.33investments, of tourist destinations across the state;
26.1 (6) to provide transit services
26.2needs of transit users;
26.3 (7) to promote
26.4of system performance and productivity through the utilization of technological
26.5advancements;
26.6 (8) to maximize the long-term benefits received for each state transportation
26.7investment;
26.8 (9) to provide for and prioritize funding
26.9
26.10infrastructure is maintained in a state of good repair;
26.11 (10) to ensure that the planning and implementation of all modes of transportation
26.12are consistent with the environmental and energy goals of the state;
26.13 (11) to promote and increase the use of high-occupancy vehicles and low-emission
26.14vehicles;
26.15 (12) to provide an air transportation system sufficient to encourage economic growth
26.16and allow all regions of the state the ability to participate in the global economy;
26.17 (13) to increase
26.18highest priority to the transportation modes with the greatest people-moving capacity and
26.19lowest long-term economic and environmental cost;
26.20 (14) to promote and increase bicycling and walking as a percentage of all trips as
26.21energy-efficient, nonpolluting, and
26.22 (15) to reduce greenhouse gas emissions from the state's transportation sector; and
26.23 (16) to accomplish these goals with minimal impact on the environment.
26.24 Sec. 29. Minnesota Statutes 2008, section 174.02, subdivision 1a, is amended to read:
26.25 Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part
26.26of the department's mission that within the department's resources the commissioner
26.27shall endeavor to:
26.28 (1) prevent the waste or unnecessary spending of public money;
26.29 (2) use innovative fiscal and human resource practices to manage the state's
26.30resources and operate the department as efficiently as possible;
26.31 (3) minimize the degradation of air
26.32reduction in greenhouse gas emissions;
26.33 (4) coordinate the department's activities wherever appropriate with the activities
26.34of other governmental agencies;
27.1 (5) use technology where appropriate to increase agency productivity, improve
27.2customer service, increase public access to information about government, and increase
27.3public participation in the business of government;
27.4 (6) utilize constructive and cooperative labor-management practices to the extent
27.5otherwise required by chapters 43A and 179A;
27.6 (7) report to the legislature on the performance of agency operations and the
27.7accomplishment of agency goals in the agency's biennial budget according to section
27.9 (8) recommend to the legislature appropriate changes in law necessary to carry out
27.10the mission and improve the performance of the department.
27.11 Sec. 30. Minnesota Statutes 2008, section 174.185, is amended to read:
27.12174.185 PAVEMENT LIFE-CYCLE COST ANALYSIS.
27.13 Subdivision 1. Definitions. For the purposes of this section, the following
27.14definitions apply.
27.15 (a) "Applicable project" means a trunk highway project in the statewide
27.16transportation improvement program categorized for construction, reconstruction,
27.17resurfacing, reconditioning, or road repair. Applicable project does not include (1) on
27.18a two-lane road, a main-line project in which there is less than two miles of length of
27.19roadway within the construction limits; and (2) on a multilane road, a main-line project in
27.20which there is less than 30,000 square yards of paving within the construction limits.
27.21(b) "Life-cycle cost" is the sum of the cost of the initial pavement project and
27.22all anticipated costs for maintenance, repair, and resurfacing over the life of the
27.23pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected
27.24maintenance, repair, and resurfacing schedules, and costs determined by the Department
27.25of Transportation district personnel based upon recently awarded local projects and
27.26experience with local material costs.
27.27
27.28competing paving materials using equal design lives and equal comparison periods.
27.29 Subd. 1a. Uniform standard. By January 15, 2011, the commissioner shall develop
27.30a statewide uniform standard for life-cycle cost analysis based on the net present value
27.31method of comparative analysis of alternate paving materials from the Federal Highway
27.32Administration, United States Department of Transportation.
27.33 Subd. 2. Required analysis. For each applicable project
27.34
27.35life-cycle cost analysis and shall document the lowest life-cycle costs and all alternatives
28.1considered. The commissioner shall document the chosen pavement strategy and, if the
28.2lowest life cycle is not selected, document the justification for the chosen strategy. A
28.3life-cycle cost analysis is required for projects to be constructed after
28.42011. For projects to be constructed
28.5the department will use its best efforts to perform life-cycle cost analyses.
28.6 Subd. 3. Report. By January 15, 2012, and annually by January 15 thereafter, the
28.7commissioner shall report
28.8senate and house of representatives committees with jurisdiction over transportation
28.9finance
28.10(1) the results of the analyses required in subdivision 2; and
28.11(2) the results of alternative bidding under section 161.32, subdivision 8, including a
28.12listing of projects awarded using alternative bidding and projects identified as unsuitable
28.13for alternative bidding.
28.14EFFECTIVE DATE.This section is effective the day following final enactment.
28.15 Sec. 31. Minnesota Statutes 2008, section 174.22, is amended by adding a subdivision
28.16to read:
28.17 Subd. 14a. State sources of funds. "State sources of funds" means funding for the
28.18public transit participation program appropriated from (1) the general fund, and (2) the
28.19greater Minnesota transit account.
28.20 Sec. 32. Minnesota Statutes 2008, section 174.23, subdivision 1, is amended to read:
28.21 Subdivision 1. General. (a) The commissioner shall have all powers necessary and
28.22convenient to carry out the provisions of sections
28.23(1) review applications for financial assistance, execute contracts, and obligate
28.24and expend program funds, upon conditions and limitations as the commissioner deems
28.25necessary for purposes of program and project implementation, operation, and evaluation
28.26(2) accept and disburse federal funds available for the purposes of sections
28.28(3) act upon request as the designated agent of any eligible person for the receipt and
28.29disbursal of federal funds.
28.30(b) The commissioner shall perform the duties and exercise the powers under
28.31sections
28.32regional, and local transportation plans and transportation development programs.
28.33
28.34
29.1
29.2
29.3
29.4
29.5
29.6 Sec. 33. Minnesota Statutes 2008, section 174.23, subdivision 2, is amended to read:
29.7 Subd. 2. Financial assistance; application, approval. (a) The commissioner
29.8shall seek out and select eligible recipients of financial assistance under sections
29.9to
29.10(b) The commissioner shall establish by rule the procedures and standards for review
29.11and approval of applications for financial assistance submitted to the commissioner
29.12pursuant to sections
29.13any financial or other information required by the commissioner to carry out the
29.14commissioner's duties. The commissioner may require local contributions from applicants
29.15as a condition for receiving financial assistance.
29.16(c) Before the commissioner approves any grant, the application for the grant
29.17may be reviewed
29.18for consistency with regional transportation plans and development guides. If an applicant
29.19proposes a project within the jurisdiction of a transit authority or commission or a transit
29.20system assisted or operated by a city or county, the application shall also be reviewed
29.21by that commission, authority, or political subdivision for consistency with its transit
29.22programs, policies, and plans.
29.23
29.24 Sec. 34. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 1a, is
29.25amended to read:
29.26 Subd. 1a.
29.27investment plan. (a) The commissioner shall develop a greater Minnesota transit
29.28
29.29of
29.30least 90 percent of
29.31(b) The plan must include, but is not limited to, the following:
29.32(1) an analysis of ridership and total transit service needs throughout greater
29.33Minnesota;
30.1(2) a calculation of
30.2required to meet
30.3as provided under subdivision 3b, paragraph (c), of urbanized area, small urban area,
30.4rural area, and elderly and disabled service;
30.5(3) an analysis of costs and revenue options;
30.6(4) a plan to reduce
30.7and
30.8(5) identification of the operating and capital costs necessary to meet 100 percent of
30.9the greater Minnesota transit targeted and projected bus service hours, as identified in the
30.10greater Minnesota transit plan, for 2010, 2015, 2020, 2025, and 2030.
30.11(c) The plan must specifically address special transportation service ridership and
30.12needs. The plan must also provide that recipients of operating assistance under this
30.13section provide fixed route public transit service without charge for disabled veterans in
30.14accordance with subdivision 7.
30.15
30.16
30.17 Sec. 35. Minnesota Statutes 2008, section 174.24, subdivision 2, is amended to read:
30.18 Subd. 2. Eligibility; application. Any legislatively established public transit
30.19commission or authority, any county or statutory or home rule charter city providing
30.20financial assistance to or operating public transit, any private operator of public transit, or
30.21any combination thereof is eligible to receive financial assistance through the public transit
30.22participation program. Except as provided in subdivision 2b for assistance provided from
30.23federal funds, eligible recipients must be located outside of the metropolitan area.
30.24 Sec. 36. Minnesota Statutes 2008, section 174.24, is amended by adding a subdivision
30.25to read:
30.26 Subd. 2b. Federal aid. (a) The commissioner may accept and disburse federal funds
30.27received and appropriated under section 174.23, subdivision 1, as an additional source of
30.28funds for implementing the public transit participation program established in this section.
30.29This authority includes, but is not limited to:
30.30(1) adopting administrative rules to establish financial assistance allocation priorities,
30.31identify factors to consider in reviewing an applicant's management plan, evaluate a
30.32request for financial assistance, and determine the amount of financial assistance to be
30.33provided; and
31.1(2) establishing project selection criteria under the United States Code, title 49,
31.2section 5311, state management plan as approved by the Federal Transit Administration,
31.3United States Department of Transportation.
31.4(b) If the commissioner accepts and disburses federal funds as provided in paragraph
31.5(a), the commissioner shall:
31.6(1) maintain separate accounts for (i) state sources of funds, and (ii) federal sources
31.7of funding; and
31.8(2) ensure that all state sources of funds are only used for assistance to eligible
31.9recipients as provided in subdivision 2.
31.10 Sec. 37. Minnesota Statutes 2008, section 174.24, subdivision 3b, is amended to read:
31.11 Subd. 3b. Operating assistance; recipient classifications. (a) The commissioner
31.12shall determine the total operating cost of any public transit system receiving or applying
31.13for assistance in accordance with generally accepted accounting principles. To be eligible
31.14for financial assistance, an applicant or recipient shall provide to the commissioner
31.15all financial records and other information and shall permit any inspection reasonably
31.16necessary to determine total operating cost and correspondingly the amount of assistance
31.17that may be paid to the applicant or recipient. Where more than one county or municipality
31.18contributes assistance to the operation of a public transit system, the commissioner shall
31.19identify one as lead agency for the purpose of receiving money under this section.
31.20 (b) Prior to distributing operating assistance to eligible recipients for any contract
31.21period, the commissioner shall place all recipients into one of the following classifications:
31.22urbanized area service, small urban area service, rural area service, and elderly and
31.23disabled service.
31.24(c) The commissioner shall distribute funds under this section so that the percentage
31.25of total contracted operating cost paid by any recipient from local sources will not exceed
31.26the percentage for that recipient's classification, except as provided in
31.27
31.28(1) for urbanized area service and small urban area service, 20 percent;
31.29(2) for rural area service, 15 percent; and
31.30(3) for elderly and disabled service, 15 percent.
31.31Except as provided in a United States Department of Transportation program allowing
31.32or requiring a lower percentage to be paid from local sources, the remainder of the
31.33recipient's total contracted operating cost will be paid from state sources of funds less any
31.34assistance received by the recipient from
31.35of Transportation.
32.1(d) For purposes of this subdivision, "local sources" means all local sources of funds
32.2and includes all operating revenue, tax levies, and contributions from public funds, except
32.3that the commissioner may exclude from the total assistance contract revenues derived
32.4from operations the cost of which is excluded from the computation of total operating
32.5cost.
32.6
32.7
32.8
32.9these percentages but prior to the distribution of financial assistance for any year that
32.10paying its designated percentage of total operating cost from local sources will cause
32.11undue hardship, the commissioner may reduce the percentage to be paid from local
32.12sources by the recipient and increase the percentage to be paid from local sources by one
32.13or more other recipients inside or outside the classification. However, the commissioner
32.14may not reduce or increase any recipient's percentage under this paragraph for more than
32.15two years successively. If for any year the funds appropriated to the commissioner to carry
32.16out the purposes of this section are insufficient to allow the commissioner to pay the state
32.17share of total operating cost as provided in this paragraph, the commissioner shall reduce
32.18the state share in each classification to the extent necessary.
32.19 Sec. 38. Minnesota Statutes 2009 Supplement, section 174.24, subdivision 5, is
32.20amended to read:
32.21 Subd. 5. Method of payment, operating assistance. Payments for operating
32.22assistance under this section from state sources of funds must be made in the following
32.23manner:
32.24 (a) For payments made from the general fund:
32.25 (1) 50 percent of the total contract amount in or before the first month of operation;
32.26 (2) 40 percent of the total contract amount in or before the seventh month of
32.27operation;
32.28 (3) 9 percent of the total contract amount in or before the 12th month of operation;
32.29and
32.30 (4) 1 percent of the total contract amount after the final audit.
32.31 (b) For payments made from the greater Minnesota transit account:
32.32 (1) 50 percent of the total contract amount in or before the seventh month of
32.33operation; and
32.34 (2) 50 percent of the total contract amount in or before the 11th month of operation.
33.1 Sec. 39. Minnesota Statutes 2008, section 174.247, is amended to read:
33.2174.247 ANNUAL TRANSIT REPORT.
33.3 (a) By February 15 annually, the commissioner shall submit a report to the legislature
33.4on transit services outside the metropolitan area. The Metropolitan Council and any
33.5public transit system receiving assistance under section
33.6in creating the report, as requested by the commissioner.
33.7 (b) The report must include, at a minimum, the following:
33.8 (1) a descriptive overview of public transit in Minnesota;
33.9 (2) a descriptive summary of funding sources and assistance programs;
33.10 (3) a summary of each public transit system receiving assistance under section
33.12 (4) data that identifies use of volunteers in providing transit service;
33.13 (5) financial data that identifies
33.14for each public transit system and for each transit system classification under section
33.16(i) the operating and capital costs;
33.17(ii) each of the funding sources used to provide financial assistance; and
33.18(iii) for federal funds, the amount from each specific federal program under which
33.19funding is provided;
33.20 (6) a summary of the differences in program implementation requirements and aid
33.21recipient eligibility between federal aid and state sources of funds;
33.22(7) in each odd-numbered year, an analysis of public transit system needs and
33.23operating expenditures on an annual basis, which must include a methodology for
33.24identifying monetary needs, and calculations of:
33.25(i) the total monetary needs for all public transit systems, for the year of the report
33.26and the ensuing five years;
33.27(ii) the total expenditures from local sources for each transit system classification;
33.28(iii) the comprehensive transit assistance percentage for each transit system
33.29classification, which equals (A) the expenditures identified under clause (7), item (ii), for
33.30a transit system classification, divided by (B) the amounts identified under subitem (A),
33.31plus the sum of state sources of funds plus federal funds provided to all transit systems
33.32in that classification; and
33.33(iv)
33.34amount of surplus or insufficient funds available for
33.35
34.1costs to fully implement the
34.2investment plan under section
34.3 Sec. 40. [174.285] MINNESOTA COUNCIL ON TRANSPORTATION ACCESS.
34.4 Subdivision 1. Council established. A Minnesota Council on Transportation
34.5Access is established to study, evaluate, oversee, and make recommendations to improve
34.6the coordination, availability, accessibility, efficiency, cost-effectiveness, and safety of
34.7transportation services provided to the transit public. "Transit public" means those persons
34.8who utilize public transit and those who, because of mental or physical disability, income
34.9status, or age are unable to transport themselves and are dependent upon others for
34.10transportation services.
34.11 Subd. 2. Duties of council. In order to accomplish the purposes in subdivision
34.121, the council, following consultation with the legislative committees or divisions
34.13with jurisdiction over transportation policy and budget, or with appropriate legislative
34.14transportation subcommittees, shall adopt a biennial work plan that must incorporate
34.15the following activities:
34.16(1) compile information on existing transportation alternatives for the transit public,
34.17and serve as a clearinghouse for information on services, funding sources, innovations,
34.18and coordination efforts;
34.19(2) identify best practices and strategies that have been successful in Minnesota and
34.20in other states for coordination of local, regional, state, and federal funding and services;
34.21(3) recommend statewide objectives for providing public transportation services
34.22for the transit public;
34.23(4) identify barriers prohibiting coordination and accessibility of public
34.24transportation services and aggressively pursue the elimination of those barriers;
34.25(5) recommend policies and procedures for coordinating local, regional, state, and
34.26federal funding and services for the transit public;
34.27(6) identify stakeholders in providing services for the transit public, and seek input
34.28from them concerning barriers and appropriate strategies;
34.29(7) recommend guidelines for developing transportation coordination plans
34.30throughout the state;
34.31(8) encourage all state agencies participating in the council to purchase trips within
34.32the coordinated system;
34.33(9) facilitate the creation and operation of transportation brokerages to match
34.34riders to the appropriate service, promote shared dispatching, compile and disseminate
34.35information on transportation options, and promote regional communication;
35.1(10) encourage volunteer driver programs and recommend legislation to address
35.2liability and insurance issues;
35.3(11) recommend minimum performance standards for delivery of services;
35.4(12) identify methods to eliminate fraud and abuse in special transportation services;
35.5(13) develop a standard method for addressing liability insurance requirements for
35.6transportation services purchased, provided, or coordinated;
35.7(14) design and develop a contracting template for providing coordinated
35.8transportation services;
35.9(15) recommend an interagency uniform contracting and billing and accounting
35.10system for providing coordinated transportation services;
35.11(16) encourage the design and development of training programs for coordinated
35.12transportation services;
35.13(17) encourage the use of public school transportation vehicles for the transit public;
35.14(18) develop an allocation methodology that equitably distributes transportation
35.15funds to compensate units of government and all entities that provide coordinated
35.16transportation services;
35.17(19) identify policies and necessary legislation to facilitate vehicle sharing; and
35.18(20) advocate aggressively for eliminating barriers to coordination, implementing
35.19coordination strategies, enacting necessary legislation, and appropriating resources to
35.20achieve the council's objectives.
35.21 Subd. 3. Coordination with legislative committees. The council shall coordinate
35.22its meeting schedule and activities pursuant to its work plan, to the extent practicable, with
35.23legislative committees and divisions with jurisdiction over transportation budget and
35.24policy, or with appropriate subcommittees. The chairperson of the council shall act as
35.25a liaison with the chairs and ranking minority members of the legislative transportation
35.26committees, divisions, and appropriate subcommittees, in carrying out these duties.
35.27 Subd. 4. Membership. (a) The council is composed of the following 13 members:
35.28(1) one representative from the Office of the Governor;
35.29(2) one representative from the Council on Disability;
35.30(3) one representative from the Minnesota Public Transit Association;
35.31(4) the commissioner of transportation or a designee;
35.32(5) the commissioner of human services or a designee;
35.33(6) the commissioner of health or a designee;
35.34(7) the chair of the Metropolitan Council or a designee;
35.35(8) the commissioner of education or a designee;
35.36(9) the commissioner of veterans affairs or a designee;
36.1(10) one representative from the Board on Aging;
36.2(11) the commissioner of employment and economic development or a designee;
36.3(12) the commissioner of commerce or a designee; and
36.4(13) the commissioner of management and budget or a designee.
36.5(b) All appointments required by paragraph (a) must be completed by August
36.61, 2010.
36.7(c) The commissioner of transportation or a designee shall convene the first meeting
36.8of the council within two weeks after the members have been appointed to the council.
36.9The members shall elect a chairperson from their membership at the first meeting.
36.10(d) The Department of Transportation and the Department of Human Services shall
36.11provide necessary staff support for the council.
36.12 Subd. 5. Report. By January 15 of each year, beginning in 2012, the council shall
36.13report its findings, recommendations, and activities to the governor's office and to the
36.14chairs and ranking minority members of the legislative committees with jurisdiction
36.15over transportation, health, and human services, and to the legislature as provided under
36.16section 3.195.
36.17 Subd. 6. Reimbursement. Members of the council shall receive reimbursement
36.18of expenses as provided in section 15.059, subdivision 3.
36.19 Subd. 7. Expiration. This section expires June 30, 2014.
36.20 Sec. 41. Minnesota Statutes 2008, section 174.86, subdivision 5, is amended to read:
36.21 Subd. 5. Commuter Rail Corridor Coordinating Committee. (a) A Commuter
36.22Rail Corridor Coordinating Committee
36.23on issues relating to the alternatives analysis, environmental review, advanced corridor
36.24planning, preliminary engineering, final design, implementation method, construction of
36.25commuter rail, public involvement, land use, service, and safety. The Commuter Rail
36.26Corridor Coordinating Committee shall consist of:
36.27(1) one member representing each significant funding partner in whose jurisdiction
36.28the line or lines are located;
36.29(2) one member appointed by each county in which the corridors are located;
36.30(3) one member appointed by each city in which advanced corridor plans indicate
36.31that a station may be located;
36.32(4) two members appointed by the commissioner, one of whom shall be designated
36.33by the commissioner as the chair of the committee;
36.34(5) one member appointed by each metropolitan planning organization through
36.35which the commuter rail line may pass;
37.1(6) one member appointed by the president of the University of Minnesota, if a
37.2designated corridor provides direct service to the university
37.3(7) two ex-officio members who are members of labor organizations operating
37.4in, and with authority for, trains or rail yards or stations junctioning with freight and
37.5commuter rail lines on corridors, with one member appointed by the speaker of the house
37.6and the other member appointed by the senate Rules and Administration Subcommittee
37.7on Committees.
37.8(b) A joint powers board existing on April 1, 1999, consisting of local governments
37.9along a commuter rail corridor, shall perform the functions set forth in paragraph (a) in
37.10place of the committee.
37.11(c) Notwithstanding section
37.12 Sec. 42. Minnesota Statutes 2008, section 219.01, is amended to read:
37.13219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
37.14(a) The track safety standards of the United States Department of Transportation and
37.15Federal Railroad Administration apply to railroad trackage and are the standards for the
37.16determination of unsafe trackage within the state.
37.17(b) The commissioner of transportation shall apply to the Federal Railroad
37.18Administration under Public Law 110-432, the Railroad Safety Enhancement Act of
37.192008 (the act), for (1) railroad safety technology grant funding available under section
37.20105 of the act and (2) development and installation of rail safety technology, including
37.21provision for switch position indicator signals in nonsignalized main track territory,
37.22under section 406 of the act. The commissioner shall respond and make application to
37.23the Federal Railroad Administration notice of funds availability under the Rail Safety
37.24Assurance Act in a timely manner and before the date of the program deadline to assure
37.25full consideration of the application. The commissioner shall (i) prioritize grant requests
37.26for the installation of switch indicator signals on all segments of nonsignalized track
37.27where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in
37.28each year after 2010 until all nonsignalized track territory in the state has switch indicator
37.29signals installed and in operation.
37.30(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit
37.31grant requests from all eligible railroads. The commissioner shall submit written notice to
37.32the chairs of the legislative committees with jurisdiction over transportation policy and
37.33finance of an acceptance by a class I or class II railroad of federal grant program funding
37.34for switch point indicator monitor systems.
38.1(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads
38.2shall provide all technical documentation requested by the commissioner and required by
38.3the Federal Railroad Administration for the applications under paragraph (b). Railroads
38.4are responsible for developing, acquiring, and installing all rail safety technology obtained
38.5under this section in accordance with requirements established by the Federal Railroad
38.6Administration.
38.7 Sec. 43. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
38.8to read:
38.9 Subd. 27a. Motor carrier of railroad employees. "Motor carrier of railroad
38.10employees" means a motor carrier engaged in the for-hire transportation of railroad
38.11employees of a class I or II common carrier, as defined in Code of Federal Regulations,
38.12title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
38.13a common carrier, as defined in section 218.011, subdivision 10.
38.14 Sec. 44. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
38.15 Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service"
38.16means a service provided by a person engaged in the for-hire transportation of passengers
38.17in a vehicle designed to transport seven or fewer persons, including the driver.
38.18(b) In the metropolitan area as defined in section
38.19vehicle passenger service" also includes for-hire transportation of persons who are certified
38.20by the Metropolitan Council to use special transportation service provided under section
38.22that is equipped with a wheelchair lift and at least three wheelchair securement positions.
38.23(c) Small vehicle passenger service does not include a motor carrier of railroad
38.24employees.
38.25 Sec. 45. [221.0255] MOTOR CARRIER OF RAILROAD EMPLOYEES.
38.26(a) A motor carrier of railroad employees must meet the requirements specified in
38.27this section, is subject to section 221.291, and is otherwise exempt from the provisions
38.28of this chapter.
38.29(b) A vehicle operator for a motor carrier of railroad employees who transports
38.30passengers must:
38.31(1) have a valid driver's license under chapter 171; and
38.32(2) submit to a physical examination.
39.1(c) The carrier must implement a policy that provides for annual training and
39.2certification of the operator in:
39.3 (1) safe operation of the vehicle transporting railroad employees;
39.4 (2) knowing and understanding relevant laws, rules of the road, and safety policies;
39.5 (3) handling emergency situations;
39.6(4) proper use of seat belts;
39.7 (5) performance of pretrip and posttrip vehicle inspections, and inspection record
39.8keeping; and
39.9(6) proper maintenance of required records.
39.10(d) The carrier must:
39.11(1) perform a background check or background investigation of the operator;
39.12(2) annually verify the operator's driver's license;
39.13(3) document meeting the requirements in this subdivision, and maintain the file
39.14at the carrier's business location;
39.15(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
39.16of the seating capacity of the vehicle; and
39.17(5) maintain uninsured and underinsured coverage in a minimum amount of
39.18$1,000,000.
39.19If a party contracts with the motor carrier on behalf of the railroad to transport the railroad
39.20employees, then the insurance requirements may be satisfied by either that party or the
39.21motor carrier, so long as the motor carrier is a named insured or additional insured under
39.22any policy.
39.23 (e) A person who sustains a conviction of violating section
39.24
39.25
39.26revoked under a similar statute or ordinance of another state, may not operate a vehicle
39.27under this subdivision for five years from the date of conviction. A person who sustains a
39.28conviction of a moving offense in violation of chapter 169 within three years of the first
39.29of three other moving offenses may not operate a vehicle under this subdivision for one
39.30year from the date of the last conviction. A person who has ever been convicted of a
39.31disqualifying offense as defined in section
39.32not operate a vehicle under this subdivision.
39.33(f) An operator who sustains a conviction as described in paragraph (e) while
39.34employed by the carrier shall report the conviction to the carrier within ten days of the
39.35date of the conviction.
40.1(g) A carrier must implement a mandatory alcohol and controlled substance testing
40.2program as provided under sections 181.950 to 181.957 that consists of preemployment
40.3testing, postaccident testing, random testing, reasonable suspicion testing, return-to-duty
40.4testing, and follow-up testing.
40.5(h) A motor carrier of railroad employees shall not allow or require a driver to drive
40.6or remain on duty for more than: ten hours after eight consecutive hours off duty; 15 hours
40.7of combined on-duty time and drive time since last obtaining eight consecutive hours of
40.8off-duty time; or 70 hours of on-duty and drive time in any period of eight consecutive
40.9days. After 24 hours off duty, a driver begins a new seven consecutive day period and
40.10on-duty time is reset to zero.
40.11(i) An operator who encounters an emergency and cannot, because of that
40.12emergency, safely complete a transportation assignment within the ten-hour maximum
40.13driving time permitted under paragraph (h), may drive for not more than two additional
40.14hours in order to complete that transportation assignment or to reach a place offering
40.15safety for the occupants of the vehicle and security for the transport motor vehicle, if the
40.16transportation assignment reasonably could have been completed within the ten-hour
40.17period absent the emergency.
40.18(j) A carrier shall maintain and retain for a period of six months accurate time
40.19records that show the time the driver reports for duty each day; the total number of hours
40.20of on-duty time for each driver for each day; the time the driver is released from duty each
40.21day; and the total number of hours driven each day.
40.22(k) For purposes of this subdivision, the following terms have the meanings given:
40.23(1) "conviction" has the meaning given in section 609.02; and
40.24(2) "on-duty time" means all time at a terminal, facility, or other property of a
40.25contract carrier or on any public property waiting to be dispatched. On-duty time includes
40.26time spent inspecting, servicing, or conditioning the vehicle.
40.27EFFECTIVE DATE.Paragraph (d), clause (5), is effective July 1, 2011.
40.28 Sec. 46. Minnesota Statutes 2009 Supplement, section 299D.03, subdivision 5, is
40.29amended to read:
40.30 Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
40.31money collected from persons apprehended or arrested by officers of the State Patrol
40.32shall be transmitted by the person or officer collecting the fines, forfeited bail money,
40.33or installments thereof, on or before the tenth day after the last day of the month in
40.34which these moneys were collected, to the commissioner of management and budget.
40.35Except where a different disposition is required in this subdivision or section
41.1otherwise provided by law, three-eighths of these receipts must be deposited in the state
41.2treasury and credited to the state general fund. The other five-eighths of these receipts
41.3must be deposited in the state treasury and credited as follows: (1) the first
41.4$1,000,000 in each fiscal year must be credited to the Minnesota grade crossing safety
41.5account in the special revenue fund, and (2) remaining receipts must be credited to the state
41.6trunk highway fund. If, however, the violation occurs within a municipality and the city
41.7attorney prosecutes the offense, and a plea of not guilty is entered, one-third of the receipts
41.8shall be deposited in the state treasury and credited to the state general fund, one-third of
41.9the receipts shall be paid to the municipality prosecuting the offense, and one-third shall be
41.10deposited in the state treasury and credited to the Minnesota grade crossing safety account
41.11or the state trunk highway fund as provided in this paragraph. When section
41.12is applicable to the fine, section
41.13All costs of participation in a nationwide police communication system chargeable to the
41.14state of Minnesota shall be paid from appropriations for that purpose.
41.15(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
41.16from violations of statutes governing the maximum weight of motor vehicles, collected
41.17from persons apprehended or arrested by employees of the state of Minnesota, by means
41.18of stationary or portable scales operated by these employees, shall be transmitted by the
41.19person or officer collecting the fines or forfeited bail money, on or before the tenth day
41.20after the last day of the month in which the collections were made, to the commissioner
41.21of management and budget. Five-eighths of these receipts shall be deposited in the state
41.22treasury and credited to the state highway user tax distribution fund. Three-eighths of
41.23these receipts shall be deposited in the state treasury and credited to the state general fund.
41.24 Sec. 47. Minnesota Statutes 2008, section 360.061, subdivision 3, is amended to read:
41.25 Subd. 3. Municipality. "Municipality" does not include a county unless the county
41.26owns or controls an airport, in which case such county may exercise all the powers
41.27granted by said sections to other municipalities. It specifically includes a town, an airport
41.28authority, the Metropolitan Airports Commission established and operated pursuant to
41.29chapter 473, and the state of Minnesota.
41.30 Sec. 48. Minnesota Statutes 2008, section 473.167, subdivision 2a, is amended to read:
41.31 Subd. 2a.
41.32make
41.33homestead property located in a proposed state trunk highway right-of-way or project,
41.34and to provide relocation assistance. Acquiring authorities are authorized to accept the
42.1loans and to acquire the property. Except as provided in this subdivision, the loans shall
42.2be made as provided in subdivision 2. Loans shall be in the amount of the fair market
42.3value of the homestead property plus relocation costs and less salvage value. Before
42.4construction of the highway begins, the acquiring authority shall convey the property to
42.5the commissioner of transportation at the same price it paid, plus relocation costs and less
42.6its salvage value. Acquisition and assistance under this subdivision must conform to
42.7sections
42.8(b) The council may make
42.9(1) the owner of affected homestead property requests acquisition and relocation
42.10assistance from an acquiring authority;
42.11(2) federal or state financial participation is not available;
42.12(3) the owner is unable to sell the homestead property at its appraised market
42.13value because the property is located in a proposed state trunk highway right-of-way or
42.14project as indicated on an official map or plat adopted under section
42.16(4) the council agrees to and approves the fair market value of the homestead
42.17property, which approval shall not be unreasonably withheld
42.18
42.19
42.20
42.21
42.22
42.23(c) For purposes of this subdivision, the following terms have the meanings given
42.24them.
42.25(1) "Acquiring authority" means counties, towns, and statutory and home rule
42.26charter cities in the metropolitan area.
42.27(2) "Homestead property" means (i) a single-family dwelling occupied by the owner,
42.28and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
42.29as defined in section 327B.01, subdivision 13.
42.30(3) "Salvage value" means the probable sale price of the dwelling and other property
42.31that is severable from the land if offered for sale on the condition that it be removed from
42.32the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
42.33of the possible uses of the property, including separate use of serviceable components and
42.34scrap when there is no other reasonable prospect of sale.
42.35 Sec. 49. Minnesota Statutes 2008, section 473.411, subdivision 5, is amended to read:
43.1 Subd. 5. Use of public roadways and appurtenances. The council may use for the
43.2purposes of sections
43.3any state highway or other public roadway, parkway, or lane, or any bridge or tunnel or
43.4other appurtenance of a roadway, without payment of any compensation, provided the
43.5use does not interfere unreasonably with the public use or maintenance of the roadway or
43.6appurtenance or entail any substantial additional costs for maintenance. The provisions of
43.7this subdivision do not apply to the property of any common carrier railroad or common
43.8carrier railroads. The consent of the public agency in charge of such state highway or other
43.9public highway or roadway or appurtenance is not required; except that if the council seeks
43.10to use a designated parkway for regular route service in the city of Minneapolis, it must
43.11obtain permission from and is subject to reasonable limitations imposed by a joint board
43.12consisting of two representatives from the council, two members of the board of park
43.13commissioners, and a fifth member jointly selected by the
43.14
43.15for regular route service adjacent to the city of Minneapolis, it must obtain permission
43.16from and is subject to reasonable limitations imposed by a joint board consisting of two
43.17representatives from the council, two members of the board of park commissioners, and a
43.18fifth member jointly selected by other members of the board. The joint board must include
43.19a nonvoting member appointed by the council of the city in which the parkway is located.
43.20The board of park commissioners and the council may designate persons to sit on
43.21the joint board. In considering a request by the council to use designated parkways for
43.22additional routes or trips, the joint board consisting of the council or their designees,
43.23the board of park commissioners or their designees, and the fifth member, shall base its
43.24decision to grant or deny the request based on the criteria to be established by the joint
43.25board. The decision to grant or deny the request must be made within 45 days of the
43.26date of the request. The park board must be notified immediately by the council of any
43.27temporary route detours. If the park board objects to the temporary route detours within
43.28five days of being notified, the joint board must convene and decide whether to grant the
43.29request, otherwise the request is deemed granted. If the agency objects to the proposed
43.30use or claims reimbursement from the council for additional cost of maintenance, it may
43.31commence an action against the council in the district court of the county wherein the
43.32highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
43.33in the action must conform to the Rules of Civil Procedure applicable to the district courts.
43.34The court shall sit without jury. If the court determines that the use in question interferes
43.35unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
43.36enjoin the use by the council. If the court determines that the use in question does not
44.1interfere unreasonably with the public use or maintenance of the roadway or appurtenance,
44.2but that it entails substantial additional maintenance costs, the court shall award judgment
44.3to the agency for the amount of the additional costs. Otherwise the court shall award
44.4judgment to the council. An aggrieved party may appeal from the judgment of the district
44.5court in the same manner as is provided for such appeals in other civil actions. The council
44.6may also use land within the right-of-way of any state highway or other public roadway
44.7for the erection of traffic control devices, other signs, and passenger shelters upon the
44.8conditions stated in this subdivision and subject only to the approval of the commissioner
44.9of transportation where required by statute, and subject to the express provisions of other
44.10applicable statutes and to federal requirements where necessary to qualify for federal aid.
44.11 Sec. 50. Minnesota Statutes 2008, section 514.18, subdivision 1a, is amended to read:
44.12 Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle
44.13at the request of a law enforcement officer shall have a lien on the motor vehicle for the
44.14value of the storage and towing and the right to retain possession of the motor vehicle
44.15until the lien is lawfully discharged. This section does not apply to tows
44.16
44.17emergency regulations.
44.18 Sec. 51. Laws 2008, chapter 287, article 1, section 122, is amended to read:
44.19 Sec. 122. NULLIFICATION OF EXPEDITED TOWN ROAD
44.20EXTINGUISHMENT.
44.21 (a) Any extinguishment of town interest in a town road under Minnesota Statutes,
44.22section
44.23 (1) the interest was not recorded or filed with the county recorder but was recorded
44.24or filed with the county auditor prior to 1972;
44.25 (2) the state or a political subdivision has constructed or funded a road or bridge
44.26improvement on a right-of-way affected by the interest;
44.27 (3) the affected road was the only means of access to a property;
44.28 (4) the extinguishment took place within the last ten years; and
44.29 (5) a person whose only access to property was lost because of the extinguishment
44.30files a petition of a nullification with the town board stating that the person's property
44.31became landlocked because of the extinguishment and that the road satisfies all of the
44.32requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or
44.33recorded with the county auditor must be attached to the petition. The town shall file the
44.34petition with the county auditor and record it with the county recorder.
45.1 (b) Notwithstanding Minnesota Statutes, sections
45.3be a cartway. No additional damages or other payments may be required other than those
45.4paid at the time the fee interest was originally acquired and the order filed with the county
45.5auditor. A cartway created by this paragraph may be converted to a private driveway
45.6under Minnesota Statutes, section
45.7 (c) For purposes of this section, "affected road" means the road in which the town
45.8board extinguished its interest.
45.9EFFECTIVE DATE.This section is effective the day following final enactment.
45.10 Sec. 52. Laws 2008, chapter 350, article 1, section 5, the effective date, is amended to
45.11read:
45.12EFFECTIVE DATE.Paragraph (b) and paragraph (c), clause (1), are effective the
45.13day following final enactment and apply to any additional tax for a registration period
45.14that starts on or after March 1,
45.15 Sec. 53. ROUNDABOUTS DESIGN.
45.16(a) The commissioner of transportation shall, as part of the next regular update of
45.17appropriate design and highway construction manuals, develop specifications or standards
45.18on the design of roundabouts. The specifications or standards must include consideration
45.19of the suitability of roundabout designs for commercial motor vehicles, as defined in
45.20Minnesota Statutes, section 169.011, subdivision 16, and disabled persons as defined
45.21by Minnesota Statutes, section 256.481.
45.22(b) In developing the specifications or standards, the commissioner shall consult
45.23with:
45.24(1) the Minnesota Trucking Association;
45.25(2) representatives, as identified by the commissioner, of persons who regularly
45.26obtain oversize or overweight permits under Minnesota Statutes, chapter 169, and are
45.27reasonably likely to travel on routes that would include a roundabout; and
45.28(3) the Council on Disability established under Minnesota Statutes, section 256.482.
45.29(c) The commissioner shall distribute the specifications or standards, or a similar
45.30advisory guidance document, to local road authorities.
45.31EFFECTIVE DATE.This section is effective the day following final enactment.
45.32 Sec. 54. TIFIA PILOT PROGRAM.
46.1(a) The commissioner of transportation may conduct a pilot program to apply for
46.2and receive financial assistance under the Transportation Infrastructure Finance and
46.3Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other
46.4federal transportation loan, grant, or credit assistance programs. The assistance may
46.5include but is not limited to loans, loan guarantees, and lines of credit. The commissioner
46.6may enter into agreements to repay the financial assistance subject to the availability of
46.7state money or other dedicated revenue or resources, with the approval of Minnesota
46.8Management and Budget.
46.9(b) The pilot program under this section is available for one transportation project
46.10identified by the commissioner.
46.11EFFECTIVE DATE.This section is effective the day following final enactment.
46.12 Sec. 55. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES FOR
46.13CITY OF FARMINGTON.
46.14Notwithstanding Minnesota Statutes, section 168.33, and rules adopted by the
46.15commissioner of public safety, limiting sites for the office of deputy registrar based
46.16on either the distance to an existing deputy registrar office or the annual volume of
46.17transactions processed by any deputy registrar, the commissioner of public safety shall
46.18appoint a municipal deputy registrar of motor vehicles for the city of Farmington to
46.19operate a new full-service Office of Deputy Registrar, with full authority to function
46.20as a registration and motor vehicle tax collection bureau, at the city hall in the city of
46.21Farmington. All other provisions regarding the appointment and operation of a deputy
46.22registrar of motor vehicles under Minnesota Statutes, section 168.33, and Minnesota
46.23Rules, chapter 7406, apply to the office.
46.24EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
46.25the governing body of the city of Farmington and its chief clerical officer timely complete
46.26their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
46.27 Sec. 56. REPEALER.
46.28Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, are repealed.
46.29 Sec. 57. EFFECTIVE DATE.
46.30Except as otherwise provided, this article is effective August 1, 2010.