STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED FIRST DAY
Saint Paul, Minnesota, Thursday, April 10,
2008
The House of Representatives convened at 11:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Sister Carol Rennie, St. Paul's
Monastery, St. Paul, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding
day. Ward moved that further reading of
the Journal be suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 960 and H. F. No. 1097,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Davnie moved that S. F. No. 960 be substituted
for H. F. No. 1097 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1018 and
H. F. No. 1189, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Thissen moved that the rules be so far suspended that
S. F. No. 1018 be substituted for H. F. No. 1189
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1578 and
H. F. No. 1665, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Gardner moved that S. F. No. 1578 be substituted
for H. F. No. 1665 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2024 and
H. F. No. 2426, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Norton moved that S. F. No. 2024 be substituted
for H. F. No. 2426 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2368 and H. F. No. 2588,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Ward moved that the rules be so far suspended that
S. F. No. 2368 be substituted for H. F. No. 2588
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2399 and
H. F. No. 2627, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hilstrom moved that the rules be so far suspended that
S. F. No. 2399 be substituted for H. F. No. 2627
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2403 and
H. F. No. 3503, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Nelson moved that the rules be so far suspended that
S. F. No. 2403 be substituted for H. F. No. 3503
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2449 and
H. F. No. 2573, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hansen moved that the rules be so far suspended that
S. F. No. 2449 be substituted for H. F. No. 2573
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2533 and
H. F. No. 3378, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Tillberry moved that S. F. No. 2533 be
substituted for H. F. No. 3378 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 2576 and
H. F. No. 3217, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Shimanski moved that the rules be so far suspended that
S. F. No. 2576 be substituted for H. F. No. 3217
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2597 and
H. F. No. 2657, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Bigham moved that the rules be so far suspended that
S. F. No. 2597 be substituted for H. F. No. 2657
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2642 and
H. F. No. 2991, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Simon moved that the rules be so far suspended that
S. F. No. 2642 be substituted for H. F. No. 2991
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2654 and
H. F. No. 3904, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Tillberry moved that the rules be so far suspended that
S. F. No. 2654 be substituted for H. F. No. 3904
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2765 and
H. F. No. 2721, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dominguez moved that the rules be so far suspended that
S. F. No. 2765 be substituted for H. F. No. 2721
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2806 and
H. F. No. 3295, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Solberg moved that the rules be so far suspended that
S. F. No. 2806 be substituted for H. F. No. 3295
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2828 and
H. F. No. 3228, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Paymar moved that the rules be so far suspended that
S. F. No. 2828 be substituted for H. F. No. 3228
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2876 and
H. F. No. 2906, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Paymar moved that the rules be so far suspended that
S. F. No. 2876 be substituted for H. F. No. 2906
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2919 and
H. F. No. 3396, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Simon moved that the rules be so far suspended that
S. F. No. 2919 be substituted for H. F. No. 3396
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2936 and
H. F. No. 3129, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Marquart moved that S. F. No. 2936 be
substituted for H. F. No. 3129 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 2939 and
H. F. No. 3327, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Beard moved that the rules be so far suspended that
S. F. No. 2939 be substituted for H. F. No. 3327
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2948 and
H. F. No. 3365, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Atkins moved that S. F. No. 2948 be substituted
for H. F. No. 3365 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2980 and
H. F. No. 3582, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Tschumper moved that the rules be so far suspended that
S. F. No. 2980 be substituted for H. F. No. 3582
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2996 and
H. F. No. 2903, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Gardner moved that the rules be so far suspended that
S. F. No. 2996 be substituted for H. F. No. 2903
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3003 and
H. F. No. 3789, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Gardner moved that the rules be so far suspended that
S. F. No. 3003 be substituted for H. F. No. 3789
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3021 and
H. F. No. 3360, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Ozment moved that S. F. No. 3021 be substituted
for H. F. No. 3360 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3049 and
H. F. No. 3377, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Walker moved that the rules be so far suspended that
S. F. No. 3049 be substituted for H. F. No. 3377
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3070 and
H. F. No. 3457, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Simon moved that S. F. No. 3070 be substituted
for H. F. No. 3457 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3082 and
H. F. No. 2940, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hortman moved that the rules be so far suspended that
S. F. No. 3082 be substituted for H. F. No. 2940
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3089 and
H. F. No. 2946, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hansen moved that the rules be so far suspended that
S. F. No. 3089 be substituted for H. F. No. 2946
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3098 and
H. F. No. 3397, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Atkins moved that the rules be so far suspended that
S. F. No. 3098 be substituted for H. F. No. 3397
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3119 and
H. F. No. 3456, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Tschumper moved that S. F. No. 3119 be
substituted for H. F. No. 3456 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 3130 and
H. F. No. 3690, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Kalin moved that the rules be so far suspended that
S. F. No. 3130 be substituted for H. F. No. 3690
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3132 and
H. F. No. 3610, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Loeffler moved that the rules be so far suspended that
S. F. No. 3132 be substituted for H. F. No. 3610
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3135 and
H. F. No. 3654, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Winkler moved that the rules be so far suspended that
S. F. No. 3135 be substituted for H. F. No. 3654
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3138 and
H. F. No. 3438, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Thissen moved that the rules be so far suspended that
S. F. No. 3138 be substituted for H. F. No. 3438
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3166 and
H. F. No. 3564, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Walker moved that the rules be so far suspended that
S. F. No. 3166 be substituted for H. F. No. 3564
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3174 and
H. F. No. 3306, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Tillberry moved that S. F. No. 3174 be
substituted for H. F. No. 3306 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 3202 and
H. F. No. 3309, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Pelowski moved that S. F. No. 3202 be substituted
for H. F. No. 3309 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3203 and
H. F. No. 3766, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Tillberry moved that the rules be so far suspended that
S. F. No. 3203 be substituted for H. F. No. 3766
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3213 and
H. F. No. 3435, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hosch moved that the rules be so far suspended that
S. F. No. 3213 be substituted for H. F. No. 3435
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3214 and
H. F. No. 3774, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dominguez moved that the rules be so far suspended that
S. F. No. 3214 be substituted for H. F. No. 3774
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3225 and
H. F. No. 3576, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Madore moved that S. F. No. 3225 be substituted
for H. F. No. 3576 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3227 and
H. F. No. 3648, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hosch moved that the rules be so far suspended that
S. F. No. 3227 be substituted for H. F. No. 3648
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3235 and
H. F. No. 3553, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Simon moved that the rules be so far suspended that
S. F. No. 3235 be substituted for H. F. No. 3553
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3256 and
H. F. No. 3559, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Sailer moved that S. F. No. 3256 be substituted
for H. F. No. 3559 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3263 and
H. F. No. 3710, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Bunn moved that the rules be so far suspended that
S. F. No. 3263 be substituted for H. F. No. 3710
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3268 and
H. F. No. 3313, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Erickson moved that the rules be so far suspended that
S. F. No. 3268 be substituted for H. F. No. 3313
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3303 and
H. F. No. 3692, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Loeffler moved that the rules be so far suspended that
S. F. No. 3303 be substituted for H. F. No. 3692
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3326 and H. F. No. 3361,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Faust moved that the rules be so far suspended that
S. F. No. 3326 be substituted for H. F. No. 3361
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3336 and
H. F. No. 3204, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Cornish moved that the rules be so far suspended that
S. F. No. 3336 be substituted for H. F. No. 3204
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3337 and
H. F. No. 3661, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hilty moved that the rules be so far suspended that
S. F. No. 3337 be substituted for H. F. No. 3661
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3341 and
H. F. No. 3718, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hornstein moved that the rules be so far suspended that
S. F. No. 3341 be substituted for H. F. No. 3718
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3342 and
H. F. No. 3683, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hilstrom moved that the rules be so far suspended that
S. F. No. 3342 be substituted for H. F. No. 3683
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3362 and
H. F. No. 3483, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Mullery moved that S. F. No. 3362 be substituted
for H. F. No. 3483 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3372 and
H. F. No. 3727, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Madore moved that the rules be so far suspended that
S. F. No. 3372 be substituted for H. F. No. 3727
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3377 and
H. F. No. 3572, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Smith moved that S. F. No. 3377 be substituted
for H. F. No. 3572 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3397 and
H. F. No. 3543, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Winkler moved that S. F. No. 3397 be substituted
for H. F. No. 3543 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3446 and
H. F. No. 3721, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Dittrich moved that S. F. No. 3446 be
substituted for H. F. No. 3721 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 3455 and
H. F. No. 4007, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Atkins moved that the rules be so far suspended that
S. F. No. 3455 be substituted for H. F. No. 4007
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3474 and
H. F. No. 3831, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Magnus moved that S. F. No. 3474 be substituted
for H. F. No. 3831 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3492 and
H. F. No. 1625, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hosch moved that the rules be so far suspended that
S. F. No. 3492 be substituted for H. F. No. 1625
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3508 and
H. F. No. 3822, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dominguez moved that the rules be so far suspended that
S. F. No. 3508 be substituted for H. F. No. 3822
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3563 and
H. F. No. 3579, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Norton moved that the rules be so far suspended that S. F. No. 3563
be substituted for H. F. No. 3579 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 3571 and
H. F. No. 3264, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Hilstrom moved that S. F. No. 3571 be
substituted for H. F. No. 3264 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 3622 and
H. F. No. 3646, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Marquart moved that S. F. No. 3622 be
substituted for H. F. No. 3646 and that the House File be
indefinitely postponed. The motion
prevailed.
S. F. No. 3647 and
H. F. No. 3374, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Bunn moved that the rules be so far suspended that
S. F. No. 3647 be substituted for H. F. No. 3374
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3756 and
H. F. No. 3297, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dettmer moved that the rules be so far suspended that
S. F. No. 3756 be substituted for H. F. No. 3297
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
7, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have signed into law, with a number of line-item vetoes, the
Capital Investment Bill, H. F. No. 380, Chapter No. 179.
I am very disappointed that the legislature ignored an
understanding between my office and legislative leadership and my repeated
warnings to abide by the state's longstanding debt limit. It is irresponsible to exceed the
"credit card limit" that has been maintained by governors and
legislators from both parties for the past 30 years. Doing so could jeopardize our state's strong credit rating and
low interest rates. The overall limit
is $885 million, including $60 million already allocated in the transportation
bill. The legislature spent well beyond
this figure.
In addition, this bill reflects misplaced priorities. As just one example, I find it inconceivable
that legislators would fund a brass band music lending library and yet provide
no funding for a much needed new nursing facility at the Minneapolis Veterans
Home.
As a result, I have exercised my line-item veto authority to
remedy the situation to the best of my ability under the constraints of the
bill as presented. These vetoes reduce
the overall amount of general obligation bonding in the bill from $925 million
to $717 million.
Reducing the bill to this level reflects my commitment to
fiscal discipline and an attempt to prioritize important state projects.
The legislature should keep in mind that upholding the state's
three percent debt service limit guideline is important to our overall fiscal
well-being. Debt service is one of the
fastest growing items in the general fund.
Based on previously enacted bonding bills, the state's debt is projected
to increase $239 million from the 2006-07 budget to the 2010-11 budget.
Below is a summary of the line-item vetoes within this bill.
Higher Education -
University of Minnesota
My bonding recommendations included a significant amount for
the University of Minnesota system.
However, as with many categories in the bonding bill, the legislature
exceeded it. I am supportive of the
University of Minnesota's bioscience facilities request, but we must recognize
that this multi-year commitment is a large, new state financial obligation and
should be weighted against other capital projects requested by the
University. Because the University is
receiving an additional $219 million in state support for the biosciences
initiative, I am vetoing the following two University projects:
● Page 3, lines 3.18 to 3.21: An appropriation for $24,000,000 for a new
Bell Museum of Natural History on the St. Paul Campus.
● Page 4, lines 4.18 to 4.22: An appropriation for $2,000,000 for classroom
renewal to renovate classrooms on the Crookston, Duluth, Morris, and Twin
Cities campuses.
Higher Education - Minnesota
State Colleges and Universities
The bill funds every campus-specific project requested by the
Minnesota State Colleges and Universities system (MnSCU). Fully funding this large number of MnSCU
requests puts an additional burden on the campuses and central office to
reallocate funds from instructional purposes to debt service at a time when tuition
is high and students want and deserve more results for their money. For this reason I am vetoing the following
projects:
● Page 7, lines 7.17 to 7.23: An appropriation for $11,000,000 to Lake
Superior Community and Technical College to construct an addition to the Health
and Science center and for a renovation.
● Page 7, lines 7.24 to 7.32: An appropriation for $5,000,000 for shop
space for the carpentry and industrial mechanical technology programs at Mesabi
Range Community and Technical College, Eveleth.
● Page 7, line 7.34 to page 8, line 8.6: An appropriation for $4,980,000 for
renovation of two floors for classrooms and offices in the power plant building
at Metropolitan State University.
● Page 9, lines 9.28 to 9.32: An appropriation for $13,300,000 to North
Hennepin Technical College to renovate and add space for the Center for
Business and Technology.
● Page 13, lines 13.18 to 13.31: An appropriation for $3,625,000 to renovate
classrooms and academic space at seven campuses within the MnSCU system.
● Page 13, line 13.32 to page 14, line
14.6: An appropriation for
$8,805,000 to acquire property at five campuses within the MnSCU system.
Other Projects
The following additional items of appropriation are vetoed for
the reasons provided below:
● Page 16, lines 16.26 to 16.33: A $240,000 appropriation for ISD 11,
Anoka-Hennepin, to acquire land and to develop and restore wetland and native
prairie habitat on the land. Providing
an appropriation in the bonding bill for one particular school district's local
project is contrary to the common understanding that districts fund those
projects with their own resources.
● Page 16, line 16.34 to page 17, line
17.33: A $16,000,000 appropriation
for a capital loan to the Red Lake school district. The high school/middle school is the highest priority within Red
Lake's request. However, funding this
phase of the request requires $25.8 million.
Since this level of funding has not been accomplished in this bill, the
project should be postponed.
● Page 34, line 34.32 to page 35, line
35.5: A $500,000 appropriation for
the Wildlife Rehabilitation Center of Minnesota to retire loans and complete
technology infrastructure. This
appropriation sets a poor precedent.
The bonding bill should not be used to repay a nonprofit entity for debt
it has incurred in the past.
● Page 35, lines 35.6 to 35.9: A $500,000 appropriation for environmental
landscaping at the new Bell Museum.
There is no need for this appropriation until the Bell Museum project is
funded at some point in the future.
● Page 36, line 36.34 to page 37, line
37.5: A $2,500,000 appropriation
for a new wastewater reuse grant program.
Since there are currently no projects identified to receive this level
of funding, this new grant program for local governments is premature.
Amateur Sports Commission
The bill funds every regionally-specific project requested through
the Amateur Sports Commission. These
local projects are popular and important to local communities. However, finding will need to be provided by
the local communities or at a time when they are more appropriate relative to
the state's funding priorities and economic outlook. For this reason I am vetoing the following six projects:
● Page 42, lines 42.20 to 42.23: An appropriation for $1,400,000 for asset
preservation at the National Sports Center in Blaine.
● Page 42, lines 42.24 to 42.31: An appropriation for $3,000,000 for the
Phase 2 expansion of the National Volleyball Center in Rochester.
● Page 42, line 42.32 to page 43, line
43.7: An appropriation for $125,000
to predesign the renovation of a building for a Metro North regional recreational
amateur sports facility within the Rice Creek Corridor in Ramsey County.
● Page 43, lines 43.8 to 43.20: An appropriation for $3,000,000 for the
Northwestern Minnesota Regional Sports Center in Moorhead.
● Page 43, lines 43.21 to 43.27: An appropriation for $100,000 to predesign a
St. Paul Regional Amateur Sports Facility in St. Paul.
● Page 43, lines 43.28 to 43.32: An appropriation for $100,000 to predesign
the Southwest Regional Amateur Sports Center in Marshall.
Local Public Safety facilities
The bill makes several appropriations to local governments for
public safety facilities that are essentially local in nature or did not meet
the Department of Public Safety's criteria.
For this reason I am vetoing the following two projects:
● Page 45, line 45.34, to page 46, line
46.8: An appropriation for $55,000
to predesign an emergency training administration center in Gonvick.
● Page 46,
lines 46.22 to 46.26: An
appropriation for $125,000 for a new public safety facility in Nassau.
Department of Transportation
The bill makes appropriations to the Department of
Transportation for projects that should be considered within a strategic and
prioritized rail plan. As a result, I
am vetoing the following:
● Page 50, lines 50.11 to 50.24: An appropriation for $1,500,000 for the
Northshore Express to provide intercity and passenger rail service between
Duluth and the cities of Minneapolis and St. Paul.
● Page 50, lines 50.25 to 51.18: An appropriation for $4,000,000 for
environmental analysis and other planning for a high-speed rail line connecting
St. Paul to Chicago.
● Page 51, lines 51.19 to 51.22: An appropriation for $500,000 for predesign,
preliminary engineering and analysis for a transit corridor between Rochester
and St. Paul.
● Page 51, lines 51.23 to 51.27: An appropriation for $2,000,000 for port
development assistance.
Metropolitan Council
The bill makes significant appropriations to the Metropolitan
Council, and to metro area counties and regional rail authorities, for transit
projects that were requested individually by various local governments but
which instead should be considered within a central plan. Many of the projects are also premature. Further, new transportation and transit
dollars recently passed by the legislature should be considered as a funding
source for these types of projects. For
this reason I am vetoing the following projects:
● Page 52, lines 52.17 to 52.25: An appropriation for $500,000 for a grant
for preliminary engineering for the Bottineau Boulevard Transit Way corridor.
● Page 53, lines 53.1 to 53.28: An appropriation for $70,000,000 for the
Central Corridor Transit Way light rail transit line to connect downtown
Minneapolis with downtown St. Paul.
● Page 53, line 53.29 to page 54, line
54.5: An appropriation for $750,000
for a grant for predesign and preliminary engineering of transportation and
transit improvements in the I-94 Corridor.
● Page 54, lines 54.6 to 54.12: An appropriation for $500,000 for predesign
and preliminary engineering of light rail transit in the I-494 Corridor.
● Page 54, lines 54.13 to 54.18: An appropriation for $500,000 for park-and-ride
lots for the Red Rock Corridor transit way.
● Page 54, lines 54.19 to 54.28: An appropriation for $500,000 for
environmental studies and engineering of bus rapid transit or light rail
transit for the Robert Street Corridor transit way.
● Page 54, line 54.29, to page 55, line 2: An appropriation for $500,000 for a grant
for park-and-ride or park-and-pool lots for the Rush Line Corridor transit way.
● Page 55, line 55.3 to 55.11: An appropriation for $500,000 for a grant
for a Draft Environmental Impact Statement and for preliminary engineering for
the Southwest Corridor transit way.
● Page 55, line 55.29, to page 56, line
56.4: An appropriation for
$2,000,000 for planning and work related to multimodal improvements at the
Union Depot in St. Paul. This would be
in addition to $3.5 million already granted in 2006 for the same purpose.
Local Projects
The bill contains too many appropriations for specific local
projects, which are funded while some statewide priority needs are
disregarded. This is particularly
evident in the sections of the bill that fund numerous metropolitan areas
parks, trails and nature centers, and local amenities. For this reason I am vetoing the following
projects:
● Page 56, lines 56.18 to 56.24: An appropriation for $2,000,000 to remove
and replace the old Cedar Avenue Bridge for bicycle commuters and recreational
users.
● Page 56, line 56.25 to 56.29: An appropriation for $11,000,000 for the
Como Zoo in St. Paul to renovate the polar bear and gorilla exhibits.
● Page 56, line 56.30, to page 57, line 2: An appropriation for $500,000 for a bicycle
and pedestrian trail connecting the Fridley trail to the Mississippi Regional
Trail corridor in Coon Rapids.
● Page 57, lines 57.9 to 57.14: An appropriation for $600,000 for a grant
for a bridge for the Grand Rounds Scenic Byway on St. Anthony Parkway.
● Page 57, line 57.15 to page 58, line
58.12: An appropriation for
$2,000,000 for lighting fixtures along the Grand Rounds Scenic Byway and to
design a roadway to complete the Grand Rounds National Scenic Byway.
● Page 58, lines 58.13 to 58.20: An appropriation for $100,000 to predesign
the Heritage Village Park along the Mississippi River in Inver Grover Heights.
● Page 58, lines 58.21 to 58.25: An appropriation for $100,000 to renovate
the Mississippi River Swing Bridge between Inver Grove Heights and St. Paul
Park for recreational use.
● Page 58, lines 58.26 to 58.31: An appropriation for $450,000 for the Lower
Afton Road Trail bicycle and pedestrian trail.
● Page 59, lines 59.17 to 59.23: An appropriation for $2,000,000 for the
National Great River Park along the Mississippi River in St. Paul.
● Page 59, lines 59.24 to 59.33: An appropriation for $3,800,000 for river
park development and redevelopment infrastructure in National Great River Park
along the Mississippi River in St. Paul.
● Page 59, line 59.34 to page 60, line
60.6: An appropriation for
$2,183,000 to design and develop the Rice Creek North Regional Trail from Lino
Lakes to Shoreview.
● Page 60, lines 60.7 to 60.12: An appropriation for $2,500,000 for the
redevelopment and expansion of the Springbrook Nature Center.
● Page 61, lines 61.29 to 61.34: An appropriation for $2,000,000 for the
Early Childhood Learning and Child Protection Facilities grant program in the
Department of Human Services. The
agency did not request funding for this existing program, and it should not be
funded when other priority projects requested by the agency were not adequately
funded.
● Page 65, line 65.32 to page 66, line
66.7: An appropriation for $500,000
for a grant to the city of Floodwood.
This project should instead apply and be considered for funding on an
equal footing with other projects seeking grants through the Greater Minnesota
Business Development Infrastructure grant program.
● Page 67, lines 67.13 to 67.20: An appropriation for $750,000 for a grant to
St. Louis County for infrastructure from the city of Chisholm to the regional
competition and exhibit center.
● Page 68,
lines 68.22 to 68.25: An
appropriation for $250,000 to Hibbing to renovate the Memorial Building.
● Page 69, lines 69.7 to 69.18: An appropriation for $975,000 for Mankato to
predesign and design a performing arts center and the Southern Minnesota
Women's Hockey Exposition Center.
● Page 69, lines 69.19 to 69.24: An appropriation for $3,000,000 for
Minneapolis to predesign the renovation of Orchestra Hall and Peavey Plaza.
● Page 70, lines 70.21 to 70.30: An appropriation for $5,000,000 for the St.
Paul Housing and Redevelopment Authority for an Asian Pacific Cultural Center
project.
● Page 76, lines 76.8 to 76,12: An appropriation for $400,000 for the city
of Chatfield for a brass band music lending library. This project should instead apply and be considered for funding
on an equal footing with other projects seeking grants through the County and
Local Preservation grants program.
Changes Related to Previous Bonding
● Page 105, line 105.20 and 105.24 to
105.27: I am vetoing the language
change which redirects $900,000 in bonding authority previously
authorized. My item veto will restore
the original appropriation requirement that the rail-related money be used only
for matching federal funds.
As the legislature finishes its work during the remaining weeks
of this session, I am hopeful that we will be able to work together
constructively toward an outcome that is in the best interest of our state and
maintains our commitment to fiscal discipline.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2008 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
380* 179 3:10
p.m. April 7 April
7
Sincerely,
Mark
Ritchie
Secretary
of State
[NOTE: * Indicates that H. F. No. 380 contains line
item vetoes.]
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 2987, A bill for an act relating to motor fuels; modifying definition of
biodiesel; increasing minimum biodiesel content; creating tiered biodiesel content
goal; requiring notice, a proposal, and recommendations to the legislature;
appropriating money; amending Minnesota Statutes 2006, section 239.77, as
amended; Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
239.77, as amended by Laws 2007, chapter 62, sections 3 and 4, is amended to
read:
239.77 BIODIESEL CONTENT MANDATE.
Subdivision
1. Biodiesel
fuel. "Biodiesel fuel"
means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that
is derived from agricultural or other plant oils or animal fats and;
that meets American Society For Testing and Materials specification D6751-07
for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels; and that is
manufactured by a person certified by the BQ-9000 National Biodiesel
Accreditation Program.
Subd.
2. Minimum
content. (a) Except as
otherwise provided in this section, all diesel fuel sold or offered for sale in
Minnesota for use in internal combustion engines must contain at least 2.0
percent the stated percentage of biodiesel fuel oil by volume.
on and after the following dates:
(1) |
September
29, 2005 |
2
percent |
(2) |
May
1, 2009 |
5
percent |
(3) |
May
1, 2012 |
10
percent |
(4) |
May
1, 2015 |
20
percent |
The
minimum content levels in clauses (3) and (4) are effective during the months
of April, May, June, July, August, September, and October only. The minimum content for the remainder of the
year is five percent. However, if the
commissioners of agriculture, commerce, and pollution control determine, after
consultation with the biodiesel task force and other technical experts, that an
American Society for Testing and Materials specification or equivalent federal
standard exists for the specified biodiesel blend level in those clauses that
adequately addresses technical issues associated with Minnesota's cold weather
and publish a notice in the State Register to that effect, the commissioners
may allow the specified biodiesel blend level in those clauses to be effective
year-round.
(b)
The minimum content levels in paragraph (a), clauses (3) and (4), become
effective on the date specified only if the commissioners of agriculture,
commerce, and pollution control publish notice in the State Register and
provide written notice to the chairs of the house of representatives and senate
committees with jurisdiction over agriculture, commerce, and transportation
policy and finance, at least 270 days prior to the date of each scheduled
increase, that all of the following conditions have been met and the state is
prepared to move to the next scheduled minimum content level:
(1)
an American Society for Testing and Materials specification or equivalent
federal standard exists for the next minimum diesel-biodiesel blend;
(2)
a sufficient supply of biodiesel is available and the amount of biodiesel
produced in this state is equal to at least 50 percent of anticipated demand at
the next minimum content level; and
(3)
adequate blending infrastructure and regulatory protocol are in place in order
to promote biodiesel quality and avoid any potential economic disruption.
(c)
The commissioners of agriculture, commerce, and pollution control must consult
with the biodiesel task force when assessing and certifying conditions in
paragraph (b), and in general must seek the guidance of the biodiesel task
force regarding biodiesel labeling, enforcement, and other related issues.
(d)
During a period of biodiesel fuel shortage or a problem with biodiesel quality
that negatively affects the availability of biodiesel fuel, the commissioner of
commerce may temporarily suspend the minimum content requirement in this
subdivision until there is sufficient biodiesel fuel, as defined in subdivision
1, available to fulfill the minimum content requirement.
(e)
By February 1, 2012, and periodically thereafter, the commissioner of commerce
shall determine the wholesale diesel price at various pipeline and refinery
terminals in the region, and the biodiesel price determined after any
applicable per-gallon federal tax credit is subtracted at biodiesel plants in
the region. The commissioner shall
report wholesale price differences to the governor who, after consultation with
the commissioners of commerce and agriculture, may by executive order adjust
the biodiesel mandate if a price disparity reported by the commissioner will
cause economic hardship to retailers of diesel fuel in this state. Any adjustment must be for a specified
period of time, after which the percentage of biodiesel fuel to be blended into
diesel fuel returns to the amount required in this subdivision. The biodiesel mandate must not be adjusted
to less than five percent.
Subd.
3. Exceptions.
(a) The minimum content requirement
requirements of subdivision 2 does do not apply to fuel used
in the following equipment:
(1)
motors located at an electric generating plant regulated by the Nuclear
Regulatory Commission;
(2)
railroad locomotives; and
(3)
off-road taconite and copper mining equipment and machinery.;
(4)
off-road logging equipment and machinery; and
(5)
vehicles and equipment used exclusively on an aircraft landing field.
(b)
The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
Regulatory Commission has approved the use of biodiesel fuel in motors at
electric generating plants under its regulation.
(c)
This subdivision expires May 1, 2012.
Subd.
4. Disclosure. A refinery or terminal shall provide, at the
time diesel fuel is sold or transferred from the refinery or terminal, a bill
of lading or shipping manifest to the person who receives the fuel. For biodiesel-blended products, the bill of
lading or shipping manifest must disclose biodiesel content, stating volume
percentage, gallons of biodiesel per gallons of petroleum diesel base-stock, or
an ASTM "Bxx" designation where "xx" denotes the volume
percent biodiesel included in the blended product. This subdivision does not apply to sales or transfers of biodiesel
blend stock between refineries, between terminals, or between a refinery and a
terminal.
Subd.
5. Annual
Report. Beginning in 2009,
the commissioner of agriculture shall report by January 15 of each year to the
chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over agriculture policy and finance regarding the
implementation of the minimum content requirements in subdivision 2, including
information about the price and supply of biodiesel fuel. The report must include any written comments
received from members of the biodiesel fuel task force by January 1 of that
year.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 296A.01, subdivision 8a, is amended to read:
Subd.
8a. Biodiesel fuel. "Biodiesel
fuel" means a renewable, biodegradable, mono alkyl ester combustible
liquid fuel derived from agricultural plant oils or animal fats and that meets
American Society for Testing and Materials specification D6751-07 for Biodiesel
Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in
section 239.77, subdivision 1.
Sec.
3. PROPOSAL;
PETROLEUM INSPECTION FEE REVENUE.
The
commissioners of finance, commerce, and pollution control shall develop and
submit to the legislature as part of their next biennial budget request a
proposal for eliminating, to the extent feasible, redundant fuel inspections
and dedicating, to the extent feasible, all revenue from the petroleum
inspection fee levied on petroleum products under Minnesota Statutes, section
239.101, subdivision 3, to the Weights and Measures Division of the Department
of Commerce. All additional funding
appropriated to the Weights and Measures Division under this proposal must be
used for increased and enhanced fuel quality assurance enforcement activities
and equipment and for educational activities focused on the handling,
distribution, and use of biodiesel fuel.
Sec.
4. BIO-BASED
DIESEL ALTERNATIVES.
(a)
By January 1, 2011, the commissioners of agriculture, commerce, and pollution
control shall jointly review the technology, economics, and operational
characteristics associated with bio-based diesel alternatives and shall make
recommendations concerning their use in Minnesota to the governor and the
chairs of the house of representatives and senate committees with jurisdiction
over agriculture and energy finance.
(b)
For the purposes of this section, "bio-based diesel alternatives"
means alternatives to petroleum diesel fuel that are warrantied for use in a
standard diesel engine without modification and derived from a biological
resource.
Sec.
5. TECHNICAL
COLD WEATHER ISSUES.
The
commissioners of agriculture and commerce shall convene technical stakeholders
who are experts in cold weather biodiesel and petroleum diesel issues to
consider and make recommendations regarding improvements in the production,
blending, handling, and distribution of biodiesel blends to further ensure the
performance of these fuels in cold weather.
The commissioners shall issue a report on these issues by January 15,
2009, to the chairs of the house of representatives and senate committees with
jurisdiction over agriculture and commerce policy and finance."
Delete
the title and insert:
"A
bill for an act relating to motor fuels; modifying definition of biodiesel;
increasing minimum biodiesel content; creating tiered biodiesel content goal;
requiring notice, a proposal, and recommendations to the legislature;
appropriating money; amending Minnesota Statutes 2006, section 239.77, as
amended; Minnesota Statutes 2007 Supplement, section 296A.01, subdivision
8a."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3032, A bill for an act relating to state lands; modifying Minnesota
critical habitat private sector matching account; modifying outdoor recreation
system; adding to and deleting from state parks, recreation areas, and forests;
providing for public and private sales, conveyances, and exchanges of certain
state land; authorizing 30-year leases of tax-forfeited and other state lands
for wind energy projects; amending Minnesota Statutes 2006, sections 84.943,
subdivision 5; 86A.04; 86A.08, subdivision 1; Laws 2006, chapter 236, article
1, section 43.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
84.943, subdivision 5, is amended to read:
Subd.
5. Pledges
and contributions. The commissioner
of natural resources may accept contributions and pledges to the critical
habitat private sector matching account.
A pledge that is made contingent on an appropriation is acceptable and
shall be reported with other pledges as required in this section. The commissioner may agree to match a
contribution contingent on a future appropriation. In the budget request for each biennium, the commissioner
shall report the balance of contributions in the account and the amount that
has been pledged for payment in the succeeding two calendar years.
Money
in the account is appropriated to the commissioner of natural resources only
for the direct acquisition or improvement of land or interests in land as
provided in section 84.944. To the
extent of available appropriations other than bond proceeds, the money matched
to the nongame wildlife management account may be used for the management of
nongame wildlife projects as specified in section 290.431. Acquisition includes: (1) purchase of land or an interest in land
by the commissioner; or (2) acceptance by the commissioner of gifts of land or
interests in land as program projects.
Sec.
2. Minnesota Statutes 2006, section
86A.04, is amended to read:
86A.04 COMPOSITION OF SYSTEM.
The
outdoor recreation system shall consist of all state parks; state recreation
areas; state trails established pursuant to sections 84.029, subdivision 2,
85.015, 85.0155, and 85.0156; state scientific and natural areas; state
wilderness areas; state forests; state wildlife management areas; state
aquatic management areas; state water access sites, which include all lands
and facilities established by the commissioner of natural resources or the
commissioner of transportation to provide public access to water; state wild,
scenic, and recreational rivers; state historic sites; state rest areas, which
include all facilities established by the commissioner of transportation for
the safety, rest, comfort and use of the highway traveler, and shall include
all existing facilities designated as rest areas and waysides by the
commissioner of transportation; and any other units not listed in this section
that are classified under section 86A.05.
Each individual state park, state recreation area, and so forth is
called a "unit."
Sec.
3. Minnesota Statutes 2006, section
86A.08, subdivision 1, is amended to read:
Subdivision
1. Secondary
authorization; when permitted. A
unit of the outdoor recreation system may be authorized wholly or partially
within the boundaries of another unit only when the authorization is consistent
with the purposes and objectives of the respective units and only in the
instances permitted below:
(a)
The following units may be authorized wholly or partially within a state
park: historic site, scientific and natural
area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic
management area, and water access site.
(b)
The following units may be authorized wholly or partially within a state
recreation area: historic site,
scientific and natural area, wild, scenic, and recreational river, trail, rest
area, aquatic management area, wildlife management area, and water
access site.
(c)
The following units may be authorized wholly or partially within a state
forest: state park, state recreation
area, historic site, wildlife management area, scientific and natural area,
wilderness area, wild, scenic, and recreational river, trail, rest area,
aquatic management area, and water access site.
(d)
The following units may be authorized wholly or partially within a state
historic site: wild, scenic, and
recreational river, trail, rest area, aquatic management area, and water
access site.
(e)
The following units may be authorized wholly or partially within a state
wildlife management area: state water
access site and aquatic management area.
(f)
The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state
park, historic site, scientific and natural area, wilderness area, trail, rest
area, aquatic management area, and water access site.
(g)
The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild,
scenic, and recreational river, aquatic management area, and water
access site.
(h)
The following units may be authorized wholly or partially within an aquatic
management area: historic site,
scientific and natural area, wild, scenic, and recreational river, and water
access site.
Sec.
4. Minnesota Statutes 2006, section
282.04, subdivision 4a, is amended to read:
Subd.
4a. Private easements. (a) A
county board may convey a road easement across unsold tax-forfeited land to an
individual a person, as defined under section 645.44, subdivision 7, requesting
an easement for access to private property owned by the individual
person if:
(1)
there are no reasonable alternatives to obtain access to the individual's
person's property; and
(2)
exercising the easement will not cause significant adverse environmental or
natural resource management impacts.
(b)
The county auditor shall require an individual a person applying
for an easement under paragraph (a) to pay the appraised value of the
easement. The conveyance must provide
that the easement reverts to the state in trust for the taxing district in the
event of nonuse.
Sec.
5. Laws 2006, chapter 236, article 1,
section 43, is amended to read:
Sec.
43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY.
Notwithstanding
the provisions of Minnesota Statutes, chapter 282, and any other law relating
to the apportionment of proceeds from the sale or lease of tax-forfeited
land, Itasca County must apportion the first $1,000,000 received from the sale or
lease of tax-forfeited lands within Minnesota Steel Industries permit to
mine area near Nashwauk, Minnesota, as provided in Laws 1965, chapter 326,
section 1, as amended. Any remaining
proceeds received from the sale or lease must be deposited into a
tax-forfeited land replacement trust fund established by Itasca County under
this section. The principal and
interest from this fund may be spent only on the purchase of lands to replace
the tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land replacement
fund must:
(1)
become subject to trust in favor of the governmental subdivision wherein they
lie and all laws related to tax-forfeited lands; and
(2) be
for forest management purposes and dedicated as memorial forest under Minnesota
Statutes, section 459.06, subdivision 2.
EFFECTIVE DATE. This section is effective the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the governing body of
Itasca County.
Sec.
6. ADDITIONS
TO STATE PARKS.
Subdivision
1. [85.012]
[Subd. 9.] Buffalo River State Park, Clay County. The following area is added to Buffalo
River State Park, all in Section 11, Township 139 North, Range 46, Clay
County: That part of the Southeast
Quarter of Section 11, described as follows:
Beginning at the southwest corner of the Southeast Quarter of said
Section 11; thence North 00 degrees 13 minutes 06 seconds East (assumed
bearing), along the westerly line of the Southeast Quarter of said Section 11,
for a distance of 503.33 feet; thence South 89 degrees 25 minutes 32 seconds
East for a distance of 200.00 feet; thence North 00 degrees 13 minutes 06
seconds East, parallel to the westerly line of the Southeast Quarter of said
Section 11, for a distance of 457.87 feet; thence South 89 degrees 44 minutes
18 seconds East for a distance of 323.00 feet; thence South 48 degrees 16 minutes
47 seconds East for a distance of 89.46 feet; thence South 29 degrees 17
minutes 10 seconds East for a distance of 1,035.56 feet to a point of
intersection
with the southerly line of the Southeast Quarter of said Section 11; thence
North 89 degrees 44 minutes 18 seconds West, along the southerly line of the
Southeast Quarter of said Section 11, for a distance of 1,100.00 feet to the
point of beginning. Said tract of land
contains 16.133 acres, more or less, and is subject to the following described
ingress-egress easement: A 30.00-foot
strip of land for purposes of ingress and egress centered along the following
described line: Commencing at the
southwest corner of the Southeast Quarter of Section 11, Township 139 North,
Range 46 West, Fifth Principal Meridian, Clay County, Minnesota; thence North
00 degrees 13 minutes 06 seconds East (assumed bearing), along the westerly
line of the Southeast Quarter of said Section 11, for a distance of 15.00 feet
to the true point of beginning; thence South 89 degrees 44 minutes 18 seconds
East, parallel to and 15.00 feet northerly of the southerly line of the
Southeast Quarter of said Section 11, for a distance of 797.03 feet; thence
North 22 degrees 07 minutes 20 seconds East for a distance of 327.76 feet and there
terminating.
Subd.
2. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following areas are added to
Frontenac State Park, Goodhue County:
(1)
all that part of Government Lot 4, and all that part of the Southwest Quarter
of the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter,
all in Section 2, Township 112 North, Range 13 West, described as follows,
to-wit: Beginning at the point of
intersection of the east and west center line of said Section 2 with the line of
the west shore of Lake Pepin, running thence West 6 chains; thence South 33
degrees 15 minutes West 9.60 chains; thence South 41 degrees West 5.54 chains;
thence South 51 degrees 15 minutes West 4.32 chains; thence South 65 degrees 15
minutes West 4 chains; thence South 70 degrees 45 minutes West 11.27 chains to
a rock in Glenway Street in the village of Frontenac; thence South 48 degrees
30 minutes East 4.72 chains to the north and south center line of said section;
thence South 39 degrees 10 minutes East 11.14 chains; thence South 32 degrees
30 minutes East 8.15 chains to the north line of Waconia Avenue in said
Frontenac; thence North 42 degrees 50 minutes East 5.15 chains; thence North 23
degrees 50 minutes East 2.75 chains; thence North 9 degrees 20 minutes East
7.90 chains; thence North 20 degrees 20 minutes East 4.64 chains; thence North
52 degrees West 3.80 chains; thence North 20 degrees 20 minutes East 18.40
chains to the east line of said Mill Street in said Frontenac; thence South
along the east line of said Mill Street 3.76 chains to the north line of Lot 8
in Block 13 in said Frontenac; thence along said north line to the shore of
Lake Pepin; thence along the shore of said lake 1.50 chains to the point of
beginning, containing in all 35.67 acres of land, more or less. Excepting therefrom all that part of
Government Lot 4, Section 2, Township 112 North, Range 13 West, described, as
follows: Beginning on the shore of Lake
Pepin at the northeast corner of Lot 8 in Block 13 of the town of Frontenac,
running thence westerly along the north line of said lot to the northwest
corner thereof; thence northerly along the easterly line of Mill Street in said
town of Frontenac 215 feet, more or less, to its intersection with the north
line of said Government Lot 4; thence East along the north line of said
Government Lot 4 to low water mark on shore of Lake Pepin; thence southerly
along the low water mark of Lake Pepin to the place of beginning. Also excepting that part of Government Lot
4, Section 2, Township 112 North, Range 12 West, which lies West of Undercliff
Street in said village, North of the southerly line of said Lot 1, Block 14,
prolonged westerly, and East of a line beginning 6 chains West of the
intersection of the east and west center line of said Section 2 with the west
shore of Lake Pepin, being the point of intersection of the west line of said
Undercliff Street and said east and west center line; thence South 33 degrees
15 minutes West 9.60 chains, being a triangular piece of land; all of Block 14,
except Lot 1 of said Block 14; Lots 11, 12, 13, 14, 15, 16, 17, 18, and 19 of
Block 15, except so much of Lot 11 in said Block 15 (in a triangular form) as
lies between the west end of Lots 2 and 3 of said Block 15 and the east line of
Bluff Street, all in the town of Frontenac according to the accepted and
recorded map of said town of Frontenac now on file and of record in the Office
of the Register of Deeds in and for said County of Goodhue;
(2)
that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing at the northeast corner of the
West Half of the Northeast Quarter of said Section 6; thence South 01 degree 11
minutes 39 seconds East, assumed bearing, along the east line of said West Half
of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point
of beginning of the land to be described; thence North 01 degree 11 minutes 39
seconds West, along said east line, a distance of 400.00 feet; thence South 89
degrees 01 minute 10 seconds West, a distance of 442.03 feet; thence
southwesterly,
a distance of 534.99 feet along a nontangential curve concave to the northwest
having a radius of 954.93 feet, a central angle of 33 degrees 53 minutes 57
seconds, and a chord that bears South 42 degrees 45 minutes 42 seconds West;
thence South 59 degrees 42 minutes 41 seconds West, tangent to said curve, a
distance of 380.00 feet to the centerline of State Highway 61, as now located
and established; thence southeasterly, along said centerline of State Highway
61, a distance of 160 feet, more or less, to the intersection with a line
bearing South 73 degrees 00 minutes 00 seconds West from the point of
beginning; thence North 73 degrees 00 minutes 00 seconds East, to the point of
beginning. Together with a 50.00-foot
wide driveway and utility easement, which lies northwesterly and adjoins the
northwesterly line of the above described property; and
(3)
that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, described as follows: Commencing at the northeast corner of the
West Half of the Northeast Quarter of said Section 6; thence South 01 degree 11
minutes 39 seconds East, assumed bearing, along the east line of said West Half
of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point
of beginning of the land to be described; thence South 73 degrees 00 minutes 00
seconds West, to the centerline of State Highway 61, as now located and
established; thence southeasterly, along said centerline of State Highway 61,
to the south line of said West Half of the Northeast Quarter of Section 6;
thence North 88 degrees 34 minutes 56 seconds East, along said south line, to
the southeast corner of said West Half of the Northeast Quarter of Section 6;
thence North 01 degree 11 minutes 39 seconds West, a distance of 1,902.46 feet
to the point of beginning.
Subd.
3. [85.012]
[Subd. 44.] Monson Lake State Park, Swift County. The following area is added to Monson
Lake State Park, Swift County: the
Northeast Quarter of Section 1, Township 121 North, Range 37 West.
Subd.
4. [85.012]
[Subd. 51.] Savanna Portage State Park,
Aitkin and St. Louis Counties. The
following areas are added to Savanna Portage State Park: the Southwest Quarter of the Northeast
Quarter, the Southeast Quarter of the Northwest Quarter, Government Lot 2, and
Government Lot 3, all in Section 13, Township 50 North, Range 23 West, Aitkin
County.
Subd.
5. [85.012]
[Subd. 52.] Scenic State Park, Itasca County. The following areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the
Northeast Quarter of the Northwest Quarter, and the Southeast Quarter of the
Northwest Quarter, all in Section 7, Township 60 North, Range 25 West, Itasca
County.
Subd.
6. [85.012]
[Subd. 53a.] Soudan Underground Mine
State Park, St. Louis County. The
following area is added to Soudan Underground Mine State Park: the Northeast Quarter of the Northeast
Quarter, Section 29, Township 62 North, Range 15 West, St. Louis County.
Subd.
7. [85.012]
[Subd. 60.] William O'Brien State Park, Washington County. The following areas are added to William
O'Brien State Park, Washington County:
(1)
Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on
file and of record in the Office of the Recorder for Washington County;
(2)
the South 200.00 feet of the North 1,326.20 feet of the West One-Half of the
Southeast Quarter, Section 36, Township 32 North, Range 20 West; and
(3)
that part of the Northeast Quarter of the Southwest Quarter lying west of
Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19
West.
Sec.
7. DELETIONS
FROM STATE PARKS.
Subdivision
1. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following areas are deleted from
Frontenac State Park, all in Township 112 North, Range 13 West, Goodhue County:
(1)
that part of the East Half, Section 11, and that part of the Southwest Quarter,
Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH
EXTENSION TO FRONTENAC according to the plat on file and of record in the
Office of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated Birch Way and Birch Way
South situated in GARRARD'S SOUTH EXTENSION TO FRONTENAC lying southerly of
vacated Ludlow Avenue and northerly of Winona Avenue;
(2)
that part of the Northeast Quarter, Section 11, being described as BLOCK 70,
WESTERVELT (also known as the town of Frontenac) according to the plat on file
and of record in the Office of the Recorder for Goodhue County, Minnesota;
(3)
that part of the Northeast Quarter, Section 11, being described as Lots 1, 2,
3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka
town of Frontenac) according to the plat on file and of record in the Office of
the Recorder for Goodhue County, Minnesota;
(4)
that part of the Northeast Quarter, Section 11, being described as BLOCK 67,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record
in the Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet of Graham Street
lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said plat of
WESTERVELT;
(5)
that part of the Northeast Quarter, Section 11, being described as BLOCK 66,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record
in the Office of the Recorder for Goodhue County, Minnesota; and
(6)
that part of the Northeast Quarter, Section 11, being described as those parts
of Lots 1 and 9 in BLOCK 65 of the town of Frontenac lying adjacent to and
northerly of the southerly 50 feet of said Lots 1 and 9 according to the plat
on file and of record in the Office of the Recorder for Goodhue County, Minnesota.
Subd.
2. [85.012]
[Subd. 30.] Jay Cooke State Park, Carlton County. Effective upon the commissioner of
natural resources entering into an agreement with the commissioner of military
affairs to transfer the property for use as a veterans cemetery, the following
areas are deleted from Jay Cooke State Park:
(a)
the Northeast Quarter of the Southeast Quarter lying southerly of the railroad
right-of-way, Section 21, Township 48 North, Range 16 West;
(b)
the Northwest Quarter of the Southwest Quarter lying southerly of the railroad
right-of-way, Section 22, Township 48 North, Range 16 West; and
(c)
the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section 22,
Township 48 North, Range 16 West.
Subd.
3. [85.012]
[Subd. 35.] Lake Carlos State Park, Douglas County. The following area is deleted from Lake
Carlos State Park: that part of
Government Lot 2, being described as EHLERT'S ADDITION according to the plat on
file and of record in the Office of the Recorder for Douglas County, Minnesota,
Section 10, Township 129 North, Range 37 West, Douglas County.
Subd.
4. [85.012]
[Subd. 38.] Lake Shetek State Park,
Murray County. The following
areas are deleted from Lake Shetek State Park:
(1)
Blocks 3 and 4 of Forman Acres according to the plat on file and of record in
the Office of the Recorder for Murray County;
(2)
the Hudson Acres subdivision according to the plat on file and of record in the
Office of the Recorder for Murray County; and
(3)
that part of Government Lot 6 and that part of Government Lot 7 of Section 6,
Township 107 North, Range 40 West, and that part of Government Lot 1 and that
part of Government Lot 2 of Section 7, Township 107 North, Range 40 West,
Murray County, Minnesota, described as follows: Commencing at the East Quarter Corner of said Section 6; thence
on a bearing based on the 1983 Murray County Coordinate System (1996
Adjustment), of South 00 degrees 22 minutes 05 seconds East 1405.16 feet along
the east line of said Section 6; thence North 89 degrees 07 minutes 01 second
West 1942.39 feet; thence South 03 degrees 33 minutes 00 seconds West 94.92
feet to the northeast corner of Block 5 of FORMAN ACRES, according to the
recorded plat thereof on file and of record in the Murray County Recorder's
Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along
the easterly line of said Block 5 and along the easterly line of the Private
Roadway of FORMAN ACRES to the southeasterly corner of said Private Roadway and
the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West
796.30 feet along the southerly line of said Private Roadway to an angle point
on said line and an existing 1/2 inch diameter rebar; thence South 64 degrees 28
minutes 26 seconds West 100.06 feet along the southerly line of said Private
Roadway to an angle point on said line and an existing 1/2 inch diameter rebar;
thence South 33 degrees 01 minute 32 seconds West 279.60 feet along the
southerly line of said Private Roadway to an angle point on said line; thence
South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly
line of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap
stamped "MN DNR LS 17003" (DNR MON); thence South 16 degrees 24
minutes 50 seconds West 470.40 feet to a DNR MON; thence South 24 degrees 09
minutes 57 seconds West 262.69 feet to a DNR MON; thence South 08 degrees 07
minutes 09 seconds West 332.26 feet to a DNR MON; thence North 51 degrees 40
minutes 02 seconds West 341.79 feet to the east line of Lot A of Lot 1 of LOT A
OF GOV. LOT 8, OF SEC. 6 AND LOT A OF
GOV. LOT 1, OF SEC 7 TP. 107 RANGE 40,
according to the recorded plat thereof on file and of record in the Murray
County Recorder's Office and a DNR MON; thence South 14 degrees 28 minutes 55
seconds West 71.98 feet along the east line of said Lot A to the northerly most
corner of Lot 36 of HUDSON ACRES, according to the recorded plat thereof on
file and of record in the Murray County Recorder's Office and an existing steel
fence post; thence South 51 degrees 37 minutes 05 seconds East 418.97 feet
along the northeasterly line of said Lot 36 and along the northeasterly line of
Lots 35,34,33,32 of HUDSON ACRES to an existing 1 inch inside diameter iron
pipe marking the easterly most corner of Lot 32 and the most northerly corner
of Lot 31A of HUDSONS ACRES; thence South 48 degrees 33 minutes 10 seconds East
298.26 feet along the northeasterly line of said Lot 31A to an existing 11/2 inch
inside diameter iron pipe marking the easterly most corner thereof and the most
northerly corner of Lot 31 of HUDSONS ACRES; thence South 33 degrees 53 minutes
30 seconds East 224.96 feet along the northeasterly line of said Lot 31 and
along the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing
11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot
29 and the most northerly corner of Lot 28 of HUDSONS ACRES; thence South 45
degrees 23 minutes 54 seconds East 375.07 feet along the northeasterly line of
said Lot 28 and along the northeasterly line of Lots 27,26,25,24 of HUDSON
ACRES to an existing 11/2 inch inside diameter iron pipe marking the easterly
most corner of said Lot 24 and the most northerly corner of Lot 23 of HUDSON
ACRES; thence South 64 degrees 39 minutes 53 seconds East 226.80 feet along the
northeasterly line of said Lot 23 and along the northeasterly line of Lots 22
and 21 of HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking
the easterly most corner of said Lot 21 and the most northerly corner of Lot 20
of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds East 524.75 feet
along the northeasterly line of said Lot 20 and along the northeasterly line of
Lots 19,18,17,16,15,14 of HUDSON ACRES to an existing 11/2 inch inside diameter
iron pipe marking the easterly most corner of said Lot 14 and the most
northerly corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes
43 seconds East 225.11 feet along the northeasterly line of said Lot 13 and
along the northeasterly line of Lots 12 and 11 of HUDSON ACRES to an existing
11/2 inch inside diameter iron pipe marking the easterly most corner of said Lot
11 and the northwest corner of Lot 10 of HUDSON ACRES; thence South 88 degrees
03 minutes 49 seconds East 224.90 feet along the north line of said Lot 10 and
along the north line of Lots 9 and 8 of HUDSON ACRES to an existing 11/2 inch
inside diameter iron pipe marking the northeast corner of said Lot 8 and the
northwest corner of Lot 7 of HUDSON ACRES; thence North 84 degree 07 minutes 37
seconds East 525.01 feet along the north line of said Lot 7 and along the north
line of Lots 6,5,4,3,2,1 of
HUDSON
ACRES to an existing 11/2 inch inside diameter iron pipe marking the northeast
corner of said Lot 1 of HUDSON ACRES; thence southeasterly, easterly and
northerly along a non-tangential curve concave to the north having a radius of
50.00 feet, central angle 138 degrees 41 minutes 58 seconds, a distance of
121.04 feet, chord bears North 63 degrees 30 minutes 12 seconds East; thence
continuing northwesterly and westerly along the previously described curve
concave to the south having a radius of 50.00 feet, central angle 138 degrees
42 minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees
11 minutes 47 seconds West and a DNR MON; thence South 84 degrees 09 minutes 13
seconds West not tangent to said curve 520.52 feet to a DNR MON; thence North
88 degrees 07 minutes 40 seconds West 201.13 feet to a DNR MON; thence North 55
degrees 32 minutes 12 seconds West 196.66 feet to a DNR MON; thence North 39 degrees
49 minutes 59 seconds West 530.34 feet to a DNR MON; thence North 64 degrees 41
minutes 41 seconds West 230.01 feet to a DNR MON; thence North 45 degrees 23
minutes 00 seconds West 357.33 feet to a DNR MON; thence North 33 degrees 53
minutes 32 seconds West 226.66 feet to a DNR MON; thence North 48 degrees 30
minutes 31 seconds West 341.45 feet to a DNR MON; thence North 08 degrees 07
minutes 09 seconds East 359.28 feet to a DNR MON; thence North 24 degrees 09
minutes 58 seconds East 257.86 feet to a DNR MON; thence North 16 degrees 24
minutes 50 seconds East 483.36 feet to a DNR MON; thence North 76 degrees 04
minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33 degrees 01
minute 32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 28
minutes 25 seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15
minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07 degrees 45
minutes 07 seconds East 26.00 feet to the point of beginning; containing 7.55
acres.
Subd.
5. [85.012]
[Subd. 44a.] Moose Lake State Park, Carlton County. The following areas are deleted from
Moose Lake State Park, all in Township 46 North, Range 19 West, Carlton County:
(1)
Parcel A: the West 660.00 feet of the
Southwest Quarter of the Northeast Quarter of Section 28;
(2)
Parcel B: the West 660.00 feet of the
Northwest Quarter of the Southeast Quarter of Section 28 lying northerly of a
line 75.00 feet northerly of and parallel with the centerline of State Trunk
Highway 73, and subject to a taking for highway purposes of a 100.00-foot wide
strip for access and also subject to highway and road easements;
(3)
Parcel C: the West 660.00 feet of the
Southwest Quarter of the Southeast Quarter of Section 28 lying northerly of a
line 75.00 feet northerly of and parallel with the centerline of State Trunk
Highway 73, and subject to taking for highway purposes of a road access under
S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County Road 21, said
access being 100.00 feet in width with triangular strips of land adjoining it
at the northerly line of State Trunk Highway 73, and subject to highway and
road easements;
(4)
Parcel G: that part of Government Lot 1
of Section 28, which lies northerly of the westerly extension of the northerly
line of the Southwest Quarter of the Northeast Quarter of said Section 28, and
southerly of the westerly extension of the northerly line of the South 660.00
feet of the Northwest Quarter of the Northeast Quarter of said Section 28;
(5)
Parcel H: the South 660.00 feet of the
Northwest Quarter of the Northeast Quarter of Section 28;
(6)
Parcel I: the Southwest Quarter of the
Northeast Quarter of Section 28, except the West 660.00 feet of said Southwest
Quarter; and
(7)
Parcel J: that part of the North One-Half
of the Southeast Quarter of Section 28, described as follows: Commencing at the northwest corner of said
North One-Half of the Southeast Quarter; thence South 89 degrees 57 minutes 36
seconds East along the north line of said North One-Half of the Southeast
Quarter a distance of 660.01 feet to the east line of the West 660.00 feet of
said North One-Half of the Southeast Quarter and the actual point of beginning;
thence continue South 89 degrees 57 minutes 36 seconds East along the north
line of said North One-
Half
of the Southeast Quarter a distance of 657.40 feet to the southeast corner of
the Southwest Quarter of the Northeast Quarter of said Section 28; thence South
00 degrees 19 minutes 17 seconds West, parallel to the west line of said North
One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly
right-of-way of US Interstate Highway 35; thence along said westerly
right-of-way of US Interstate Highway 35 a distance of 457.86 feet on a
nontangential curve, concave to the southeast, having a radius of 1,054.93
feet, a central angle of 24 degrees 52 minutes 03 seconds, and a chord bearing
of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees 44
minutes 11 seconds West along said westerly right-of-way of US Interstate
Highway 35 a distance of 295.30 feet to the northerly right-of-way of Minnesota
Trunk Highway 73; thence 163.55 feet along said northerly right-of-way of
Minnesota Trunk Highway 73 on a nontangential curve, concave to the south,
having a radius of 1,984.88 feet, a central angle of 4 degrees 43 minutes 16
seconds, and a chord bearing of South 77 degrees 39 minutes 40 seconds West to
the east line of the West 660.00 feet of said North One-Half of the Southeast
Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of
1,305.90 feet, more or less, to the point of beginning and there terminating.
Sec.
8. ADDITIONS
TO STATE RECREATION AREAS.
[85.013] [Subd. 11a.] Garden
Island State Recreation Area, Lake of the Woods County. The following areas are added to Garden
Island State Recreation Area, Lake of the Woods County:
(1)
Bureau of Land Management Island County Control Number 013 (aka Bridges Island)
within Lake of the Woods and located in Section 9, Township 165 North, Range 32
West;
(2)
Bureau of Land Management Island County Control Number 014 (aka Knight Island)
within Lake of the Woods and located in Section 22, Township 165 North, Range
32 West; and
(3)
Bureau of Land Management Island County Control Number 015 (aka Babe Island) within
Lake of the Woods and located in Section 17, Township 166 North, Range 32 West.
Sec.
9. ADDITIONS
TO BIRCH LAKES STATE FOREST.
[89.021] [Subd. 7.] Birch
Lakes State Forest. The following area is added
to Birch Lakes State Forest: the East
Half of the Northeast Quarter, Section 35, Township 127 North, Range 33 West,
Stearns County.
Sec.
10. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND BORDERING
PUBLIC WATER; AITKIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, and the classification and
public sale provisions of Minnesota Statutes, chapters 84A and 282, the
commissioner of natural resources may sell by public or private sale the
consolidated conservation land bordering public water that is described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The land that may be sold is located in Aitkin County and is described as: the East 132 feet of the West 396 feet, less
the North 40 feet of Government Lot 8, Section 19, Township 50 North, Range 23
West, containing 3.74 acres, more or less.
(d)
The land borders Aitkin Lake with privately owned land to the east and
west. The land has been subject to
continued trespasses by adjacent landowners.
The Department of Natural Resources has determined that the land is not
needed for natural resource purposes.
Sec.
11. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; AITKIN
COUNTY.
(a) Notwithstanding the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell
by public or private sale the consolidated conservation lands that are
described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The lands that may be sold are located in Aitkin County and are described as:
(1)
that part of the Northwest Quarter of the Southeast Quarter, Section 31,
Township 49 North, Range 22 West, lying east of County State-Aid Highway 6,
containing 3 acres, more or less;
(2)
that part of Government Lot 11, Section 3, Township 47 North, Range 26 West,
lying north of County Road 54, containing 2 acres, more or less;
(3)
that part of Government Lot 1, Section 19, Township 51 North, Range 25 West,
lying southwest of the ditch, containing 20 acres, more or less;
(4)
that part of the Southwest Quarter of the Southwest Quarter, Section 13,
Township 51 North, Range 26 West, lying south of the ditch, containing 12
acres, more or less; and
(5)
that part of the South Half of the Southeast Quarter, Section 13, Township 51
North, Range 26 West, lying south of the ditch, containing 40 acres, more or
less.
(d)
The lands are separated from management units by roads or ditches. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes.
Sec.
12. PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon
completion of condemnation of the school trust land interest, the commissioner
of natural resources may sell by private sale to Cormant Township the surplus
land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to Cormant
Township for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if Cormant Township fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in Beltrami County and is described
as: that part of the Northeast Quarter
of the Southeast Quarter, Section 15, Township 151 North, Range 31 West,
Beltrami County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of
the Southeast Quarter;
thence
West along the north line of said Northeast Quarter of the Southeast Quarter to
the northwest corner of said Northeast Quarter of the Southeast Quarter and the
POINT OF BEGINNING of the property to be described; thence East a distance of
76 feet, along said north line; thence South a distance of 235 feet; thence
West a distance of 76 feet to the west line of said Northeast Quarter of the
Southeast Quarter; thence North a distance of 235 feet along said west line to
the point of beginning. Containing 0.41
acre, more or less.
(d)
Cormant Cemetery has inadvertently trespassed upon the land. The Department of Natural Resources has
determined that the state's land management interests would best be served if
the land was conveyed to Cormant Township and managed as part of the
cemetery. Since the land is currently
school trust land, the Department of Natural Resources shall first condemn the
school trust interest prior to conveyance to Cormant Township.
Sec.
13. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Beltrami County and is described as: the easterly 350 feet of the following
described parcel: Northland Addition to
Bemidji Lots E, G, H, I, J, Section 8, Township 146 North, Range 33 West, and
all that part of Unplatted Lot 1, Section 17, Township 146 North, Range 33 West
and the Minneapolis, Red Lake, and Manitoba Railway right-of-way lying West of
Park Avenue and within Lot 1 except that part of the MRL&M RY R/W lying
north of the north boundary line of Lot E, Northland Addition to Bemidji.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
14. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; CARLTON
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Carlton County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Carlton County and is described as: the SE1/4 of the SE1/4; of Section 31, Township
47 North, Range 17 West, Blackhoof Township.
(d)
The Carlton County Board of Commissioners has classified the parcel as
nonconservation and has determined that the county's land management interests
would best be served if the parcel was returned to private ownership.
Sec.
15. EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS WILDLIFE MANAGEMENT
AREA; CARVER COUNTY.
(a)
The commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI,
section 10, and according to the provisions of Minnesota Statutes, sections
94.343 to 94.347, exchange the lands described in paragraph (b).
(b)
The lands to be exchanged are located in Carver County and are described as:
(1)
that part of the South Half of the Northwest Quarter and that part of the
Northwest Quarter of the Southwest Quarter lying northwesterly of the following
described line: Beginning on the north
line of the South Half of the Northwest Quarter, 1,815 feet East of the
northwest corner thereof; thence southwesterly 3,200 feet, more or less, to the
southwest corner of the Northwest Quarter of the Southwest Quarter and there
terminating, all in Section 30, Township 115 North, Range 23 West;
(2)
the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast
Quarter of the Southeast Quarter, and that part of the North Half of the Southeast
Quarter lying easterly of County State-Aid Highway 45, all in Section 25,
Township 115 North, Range 24 West;
(3)
the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the
North Half of the Southwest Quarter of the Northeast Quarter of the Northeast
Quarter, all in Section 36, Township 115 North, Range 24 West; and
(4)
the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North,
Range 23 West.
(c)
The lands were acquired in part with bonding appropriations. The exchange with the United States Fish and
Wildlife Service will consolidate land holdings, facilitate management of the
lands, and provide additional wildlife habitat acres to the state.
Sec.
16. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CHIPPEWA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Chippewa
County may convey to Chippewa County for no consideration the tax-forfeited
land bordering public water that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the county fails to provide for the
public use described in paragraph (d) or abandons the public use of the
land. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c)
The land that may be conveyed is located in Chippewa County and is described as
follows:
(1)
Tract 1: a tract in Government Lot 2
described as: beginning at the
southeast corner of Lot 6, Block 1, Original Plat Wegdahl; thence West 50 feet
South, 50 Feet West on a line 50 feet South of the south line of Block 1 to the
river; thence southeasterly along the river to a point 165 feet South of the
south line of Block 1; thence East on a line parallel with the south line of
Block 1, to the intersection with the continuation of the east line of Lot 6,
Block 1; thence North 165 feet to the point of beginning, Section 3, Township
116, Range 40;
(2)
Tract 2: a 50 foot strip adjacent to
Block 1, Original Plat Wegdahl on South from Lot 3 to river, in Section 3,
Township 116, Range 40; and
(3)
Tract 3: Lot 1, Block 2, Aadlands
Subdivision.
(d)
The county will use the land to establish a public park.
Sec.
17. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CLEARWATER
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Clearwater County may sell the tax-forfeited land bordering public water that
is described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Clearwater County and is described as: Parcel 11.300.0020.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
18. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER OR WETLANDS;
DAKOTA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
282, Dakota County may convey to Dakota County for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if Dakota County stops using the land for
the public purpose described in paragraph (d).
The conveyance is subject to restrictions imposed by the commissioner of
natural resources. The attorney general
may make changes to the land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in Dakota County and is described as:
That
part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying
southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded
plat thereof, and lying easterly of the railroad right-of-way and lying
northwesterly of the following described line:
Commencing
at the southwest corner of said Government Lot 7; thence North, assumed
bearing, along the west line of said Government Lot 7, a distance of 178.00
feet; thence northeasterly along a nontangential curve concave to the southeast
a distance of 290.00 feet, said curve having a radius of 764.50 feet, a central
angle of 21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord
bearing of North 24 degrees 29 minutes 20 seconds East; thence continuing
northeasterly along a tangent curve concave to the southeast a distance of
350.00 feet, said curve having a radius of 708.80 feet, a central angle of 28
degrees 17 minutes 32 seconds, a chord of 346.46 feet and a chord bearing of
North 49 degrees 30 minutes 04 seconds East; thence North 63 degrees 38 minutes
50 seconds East tangent to the last described curve a distance of 578.10 feet,
to a point hereinafter referred to as Point B; thence continuing North 63
degrees 38 minutes 50 seconds East a distance of 278.68 feet, more or less, to
the westerly right-of-way line of the Chicago, Rock Island and Pacific Railroad,
said point being the point of beginning of the line to be described; thence
North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet, more or
less, to the shoreline of the Mississippi River and there terminating. (Dakota
County tax identification number 36-02600-016-32).
(d)
The county has determined that the land is needed as a trail corridor for the
Mississippi River Regional Trail.
Sec.
19. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to the city of Wayzata the
surplus land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to the city of
Wayzata, for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if the city of Wayzata fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in Hennepin County and is described
as: Tract F, Registered Land Survey No.
1168.
(d)
The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city
of Wayzata.
Sec.
20. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ITASCA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Itasca
County may sell to Itasca County the tax-forfeited land bordering public water
that is described in paragraph (c), for the appraised value of the land.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is in Itasca County and is described as: the North 1,100 feet of Government Lot 1,
Section 26, Township 56 North, Range 26 West.
(d)
The county has determined that the county's land management interests would be
best served if the land was under the direct ownership of Itasca County.
Sec.
21. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARSHALL
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Marshall County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Marshall County and is described as: that part of the westerly ten acres of the
North Half of the Northeast Quarter lying southerly of the following described
line: Commencing at the quarter section
corner between Sections 2 and 11; thence South along the quarter section line a
distance of 1,080 feet to the northern edge of County Ditch #25, the point of
beginning; thence upstream along said ditch North 40 degrees East 95 feet;
thence South 41 degrees East 500 feet to the intersection with State Ditch #83;
thence along said state ditch North 52 degrees 50 minutes East 196 feet; thence
East 2,092 feet to the section line between Sections 11 and 12.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
22. EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE PARK; MOWER COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the
commissioner of natural resources may, with the approval of the Land Exchange
Board as required under the Minnesota Constitution, article XI, section 10, and
according to the remaining provisions of Minnesota Statutes, sections 94.342 to
94.347, exchange the land located within state park boundaries that is
described in paragraph (c).
(b) The conveyance must be in a form approved by
the attorney general. The attorney
general may make necessary changes to the legal description to correct errors
and ensure accuracy.
(c)
The state land that may be exchanged is located in Mower County and is
described as: that part of the
Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section
20, Township 101 North, Range 14 West, Mower County, Minnesota, described as
follows: Beginning at a point on the
south line of said Section 20 a distance of 1,039.50 feet (63 rods) East of the
south quarter corner of said Section 20; thence North at right angles to said
south line 462.00 feet (28 rods); thence West parallel to said south line 380.6
feet, more or less, to the west line of said Southeast Quarter of the Southwest
Quarter of the Southeast Quarter; thence South along said west line 462 feet,
more or less, to the south line of said Section 20; thence East along said
south line 380.6 feet, more or less, to the point of beginning, containing 4.03
acres.
(d) The exchange would resolve an unintentional
trespass by the Department of Natural Resources of a horse trail that is
primarily located within Lake Louise State Park and provide for increased
access to the state park.
Sec.
23. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
19, Township 133, Range 42, River's Bend Reserve, Lot B.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
24. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
25. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet of
Sub Lot 7, except tract and except platted (1.19) acres.
(d)
The Department of Natural Resources has no objection to the sale of this land.
Sec.
26. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
27. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
31, Township 137, Range 39, Government Lot 5 (37.20 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
28. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
29. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Quiet
Waters Development Outlot A.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
30. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 136, Range 38, part of Government Lot 4 North and East of highway
(Book 307, Page 31).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
31. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of Reserve
A lying North of road (Book 307, Page 31).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
32. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
27, Township 135, Range 39, Government Lot 7 (9.50 acres).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
33. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
34. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota Statutes,
chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
38609
County Highway 41, Section 9, Township 135, Range 41, part of Government Lot 2
beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly,
132 feet South from northeast corner Section 9; East 33 feet, southerly 314
feet, West 33 feet, northerly on lake East 110 feet to beginning.
Sec.
35. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1.
Sec.
36. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest Quarter
(7.07 acres).
(d)
The county has determined that the county's land management interests would best
be served if the lands were returned to private ownership.
Sec.
37. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest Quarter
(7.06 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
38. CONVEYANCE OF SURPLUS STATE LAND; RICE COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, the
commissioner of administration may convey to Rice County for no consideration
the surplus land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land revert to the state if Rice County stops using the land for the
public purpose described in paragraph (d).
The attorney general may make changes to the land description to correct
errors and ensure accuracy.
(c)
The land to be sold is located in Rice County and is described as:
(1)
that part of Section 5, Township 109 North, Range 20 West, Rice County,
Minnesota, described as follows:
Commencing
at the northwest corner of the Northwest Quarter of said Section 5; thence
southerly on a Minnesota State Plane Grid Azimuth from North of 180 degrees 23
minutes 50 seconds along the west line of said Northwest Quarter 348.30 feet to
the point of beginning of the parcel to be described; thence easterly on an
azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet; thence southerly on an
azimuth of 183 degrees 10
minutes
40 seconds 144.38 feet; thence southeasterly on an azimuth of 148 degrees 00
minutes 00 seconds 110.00 feet; thence northeasterly on an azimuth of 58
degrees 00 minutes 00 seconds 119.90 feet; thence southeasterly on an azimuth
of 148 degrees 00 minutes 00 seconds 133.00 feet; thence southwesterly on an
azimuth of 238 degrees 00 minutes 00 seconds 199.38 feet; thence westerly on an
azimuth of 268 degrees 00 minutes 00 seconds 180.72 feet; thence northerly on
an azimuth of 358 degrees 00 minutes 00 seconds 55.36 feet; thence westerly on
an azimuth of 268 degrees 00 minutes 00 seconds 152.18 feet; thence northerly
on an azimuth of 00 degrees 23 minutes 50 seconds 364.80 feet to the point of
beginning; and
(2)
that part of Section 5, Township 109 North, Range 20 West, Rice County,
Minnesota, described as follows:
Commencing
at the northwest corner of the Northwest Quarter of said Section 5; thence
southerly on a Minnesota State Plane Grid Azimuth from North of 180 degrees 23
minutes 50 seconds along the west line of said Northwest Quarter 348.30 feet;
thence easterly on an azimuth of 93 degrees 18 minutes 54 seconds 279.20 feet
to the point of beginning of the parcel to be described; thence continuing
easterly on an azimuth of 93 degrees 18 minutes 54 seconds 45.00 feet; thence
southeasterly on an azimuth of 148 degrees 00 minutes 00 seconds 202.00 feet;
thence southwesterly on an azimuth of 238 degrees 00 minutes 00 seconds 119.90
feet; thence northwesterly on an azimuth of 328 degrees 00 minutes 00 seconds
110.00 feet; thence northerly on an azimuth of 3 degrees 10 minutes 40 seconds
144.38 feet to the point of beginning.
(d)
The commissioner has determined that the land is no longer needed for any state
purpose and that the state's land management interests would best be served if
the land was conveyed to and used by Rice County for a jail.
Sec.
39. PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, the commissioner of natural resources may sell
by private sale the consolidated conservation land that is described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and the appraised value of the land and timber. Proceeds shall be disposed of according to
Minnesota Statutes, chapter 84A.
(c)
The land that may be sold is located in Roseau County and is described as: the North 75 feet of the East 290.4 feet of
the West 489.85 feet of the East 1,321.15 feet of the Northeast Quarter,
Section 35, Township 160 North, Range 38 West, containing 0.5 acres, more or
less.
(d)
The land would be sold to the current leaseholder who through an inadvertent
trespass located a cabin, septic system, and personal property on the state
land. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec.
40. PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to St. Louis County the surplus
land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to St. Louis
County for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if St. Louis County fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in St. Louis County and is described
as: an undivided 1/12 interest in Government
Lot 6, Section 6, Township 62 North, Range 13 West, containing 35.75 acres,
more or less.
(d)
The land was gifted to the state. The
remaining 11/12 undivided interest in the land is owned by the state in trust
for the taxing districts and administered by St. Louis County. The Department of Natural Resources has
determined that the state's land management interests would best be served if
the land was conveyed to St. Louis County.
Sec.
41. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell or convey to the state acting by and through its commissioner
of natural resources, the tax-forfeited land bordering public water that is
described in paragraph (c), under the provisions of Minnesota Statutes, section
282.01, subdivision 1a.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The land that may be sold is located in St. Louis County and is described
as: Lot 7, Klimek's Addition to Grand
Lake, according to the plat thereof on file and of record in the Office of the
County Recorder, St. Louis County.
(d)
The county has determined that the land is not needed for county management
purposes and the Department of Natural Resources would like to acquire the land
for use as a public water access site to Little Grand Lake.
Sec.
42. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37, to provide riparian protection and public access to
shore fishing. The easements for land
described in paragraph (c), clauses (1) to (3), shall be 450 feet in width from
the centerline of the river. The
easements for land described in paragraph (c), clauses (4) and (5), shall be
300 feet in width from the centerline of the river. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources.
(c)
The land to be sold is located in St. Louis County and is described as:
(1)
Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35
acres) (535-0010-00210);
(2)
Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1
acres) (535-0010-00300);
(3)
Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres)
(535-0010-01910);
(4)
Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres)
(310-0010-05650); and
(5)
Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres)
(110-0040-00160).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
43. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (d) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
Prior to the sales of the land described in paragraph (d), clauses (1), (2),
and (10) to (12), the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37, to
provide riparian protection and public access for angling. The easements must be approved by the St.
Louis County Board and the commissioner of natural resources. The easements shall be for lands described
in paragraph (d):
(1)
clause (1), 75 feet in width on each side of the centerline of the creek;
(2)
clause (2), 200 feet in width on each side of the centerline of the river;
(3)
clause (10), 100 feet in width on each side of the centerline of the river; and
(4)
clauses (11) and (12), 50 feet in width on each side of the centerline of the
stream.
(d)
The land to be sold is located in St. Louis County and is described as:
(1)
N 1/2 of NW 1/4 of NE 1/4 of SE 1/4, Section 22, T51N, R14W (5 acres)
(520-0016-00590);
(2)
SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510);
(3)
undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12,
T53N, R14W (375-0120-00091, 375-0120-00094);
(4)
SLY 200 FT OF NLY 1,220 FT OF LOT 4, Section 20, T54N, R18W (9.5 acres)
(405-0010-03394);
(5)
PART OF SW 1/4 OF SE 1/4 LYING N OF SLY 433 FT, Section 36, T57N, R21W (25
acres) (141-0050-07345);
(6)
PART OF SE 1/4 OF SW 1/4 LYING W OF DW & P RY AND N OF PLAT OF HALEY,
Section 23, T63N, R19W (11 acres) (350-0020-03730);
(7)
SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610);
(8)
NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110);
(9)
LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230);
(10)
SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570);
(11)
LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT ADDITION TO DULUTH,
Section 33, T51N, R14W (520-0090-00150, -00160, -00180); and
(12)
BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section 13, T62N, R14W.
(e)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
44. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited
land described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
Lots
20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W (1.1
acres) (385-0070-00200).
(d)
This sale resolves an unintentional trespass.
The county has determined that the county's land management interests
would best be served if the lands were returned to private ownership.
Sec.
45. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may convey to the state for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c).
(b)
The conveyance must be according to Minnesota Statutes, section 282.01,
subdivision 2, and in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in St. Louis County and is described as:
(1)
lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 2 lying southeasterly of the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway including riparian
rights.
EXCEPT: that part of Government Lot 2 beginning at
the intersection of the south line of Lot 2 and the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway; thence easterly along
the south line of said Lot 2 a distance of 150 feet to a point; thence deflect
to the left and continue in a straight line to a point on the southeasterly
line of said railway right-of-way said point distant 150 feet northeast of the
point of beginning; thence deflect to the left and continue southwesterly along
the southeasterly line of said railway right-of-way a distance of 150 feet to
point of beginning and there terminating.
EXCEPT
FURTHER: that part of Government Lot 2
commencing at the point of intersection of the south line of Lot 2 and the
southeasterly right-of-way of the St. Paul and Duluth and Northern Pacific
Railway; thence northeasterly along the southeasterly line of said railway
right-of-way a distance of 1,064 feet to point of beginning; thence deflect 44
degrees, 12 minutes, 27 seconds to the right a distance of 105.44 feet to a
point; thence deflect 85 degrees, 16 minutes, 07 seconds to the left a distance
of 111.92 feet more or less to a point on the southeasterly line of said
railway right-of-way; thence deflect to the left and continue northwesterly
along the southeasterly line of said railway right-of-way a distance of 160
feet more or less to point of beginning and there terminating (010-2746-00290);
and
(2)
lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 1, including riparian rights, lying southerly of the
Northern Pacific Short Line right-of-way except 5 18/100 acres for Northern
Pacific Main Line and except a strip of land 75 feet wide and adjoining the Northern
Pacific Main Line right-of-way and formerly used as right-of-way by Duluth
Transfer Railway 2 67/100 acres, also except that part lying North of Grand
Avenue 72/100 acres and except a strip of land adjacent to the Old Transfer
Railway right-of-way containing 2 13/100 acres. Revised Description #40, Recorder of Deeds, Book 686, Page 440.
EXCEPT: that part of Government Lot 1 lying
southerly of the Northern Pacific Short Line right-of-way and northerly of the
Old Transfer Railway right-of-way.
EXCEPT
FURTHER: that part of Government Lot 1
lying southerly of the Northern Pacific Main Line right-of-way and lying
northerly of a line parallel to and lying 305 feet southerly of the north line
of said Government Lot 1 (010-2746-00245).
Sec.
46. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction that prohibits excavating, filling, dumping, tree cutting, burning,
structures, and buildings within an area that is 75 feet in width along the
shoreline. A 15-foot strip for landowner
lake access is allowed.
(c)
The land to be sold is located in St. Louis County and is described as: E 1/2 of W 1/2 of E 1/2 of SW 1/4 of NW 1/4,
Section 27, T57N, R17W (5 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
47. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction on buildings, structures, tree cutting, removal of vegetation, and
shoreland alterations within an area that is 75 feet in width along the
river. A 15-foot strip for landowner
river access is allowed.
(c)
The land to be sold is located in St. Louis County and is described as: that part of Lot 8 beginning at a point 200
feet East of the center of Section 5; thence South 300 feet; thence East 300
feet; thence North 263 feet to shoreline of Ash River; thence northwesterly
along the river 325 feet; thence southerly to point of beginning, Section 5,
T68N, R19W (2 acres) (731-0010-00845).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
48. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (d) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
Prior to the sales of the land described in paragraph (d), clauses (1) to (4),
the commissioner of revenue shall grant permanent conservation easements
according to Minnesota Statutes, section 282.37. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources.
The easements shall be for lands described in paragraph (d):
(1)
clause (1), 100 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access
is allowed;
(2)
clause (2), 125 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access
is allowed;
(3)
clause (3), 100 feet in width on each side of the centerline of the tributary;
and
(4)
clause (4), for access purposes.
(d)
The land to be sold is located in St. Louis County and is described as:
(1)
SW 1/4 of SW 1/4 except W 1/2, Section 14, T62N, R18W (20 acres);
(2)
S 1/2 of SW 1/4 of SW 1/4, Section 16, T62N, R18W (20 acres);
(3)
SW 1/4 of SE 1/4 except 5 acres at NW corner and except S 1/2 and except E 1/2
of NE 1/4, Section 10, T52N, R12W (10 acres);
(4)
NW 1/4 of SE 1/4 except that part of the NE 1/4 lying N of the East Van Road
and except S 1/2 of N 1/2 of S 1/2 and except S 1/2 of S 1/2, Section 5, T52N,
R14W (18.3 acres);
(5)
westerly 416 feet of SW 1/4 of SW 1/4 except westerly 208 feet of southerly 624
feet, Section 21, T56N, R18W (9.63 acres);
(6)
Lot 3, Section 1, T55N, R21W (46.18 acres);
(7)
SW 1/4 of NE 1/4, Section 18, T52N, R15W (40 acres); and
(8)
Lots 23, 73, 95, 118, 119 of NE-NA MIK-KA-TA plat, town of Breitung, located in
Government Lots 1 and 12 of Section 6, T62N, R15W.
(e)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
49. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
St. Louis County may sell by private sale the tax-forfeited land that is
described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
(1)
that part of the South 200 feet of the West 900 feet of Government Lot 4 lying
east of State Highway 73, and that part of the North 300 feet of the West 900
feet of Government Lot 5 lying east of State Highway 73, all in Section 6,
Township 52 North, Range 20 West;
(2)
that part of the Southeast Quarter of the Northeast Quarter lying north of
County Road 115 in Section 15, Township 62 North, Range 17 West; and
(3)
that part of the Southwest Quarter of the Northeast Quarter of Section 26,
Township 63 North, Range 12 West, lying west of the west right-of-way boundary
of County Highway 88; EXCEPTING therefrom the following described tract of
land: That part of the Southwest
Quarter of the Northeast Quarter of Section 26, Township 63 North, Range 12
West, described as follows: Begin at a
point located at the intersection of the north and south quarter line of said
section and the north boundary line of the right-of-way of County Highway 88,
said point being 494.44 feet North of the center of said section; thence North
on said north and south quarter line a distance of 216.23 feet; thence at an
angle of 90 degrees 0 minutes to the right a distance of 253.073 feet; thence
at an angle of 90 degrees 0 minutes to the right a distance of 472.266 feet to
a point on the north boundary line of the right-of-way of said County Highway
88; thence in a northwesterly direction along the north boundary line of the
right-of-way of said County Highway 88, a distance of 360 feet to the point of
beginning.
(d)
The sales authorized under this section are needed for public utility
substations.
Sec.
50. PRIVATE SALE OF WILDLIFE MANAGEMENT AREA LAND; WABASHA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09, 94.10, and 97A.135,
subdivision 2a, the commissioner of natural resources shall sell by private
sale the wildlife management area land described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to
Mazeppa Township for less than the value of the land as determined by the
commissioner.
(c)
The land that may be sold is located in Wabasha County and is described as
follows: all of the following described
tract: the southerly 300 feet of the
westerly 350 feet of the Northwest Quarter of the Northwest Quarter of Section
10, Township 109 North, Range 14 West; together with the southerly 300 feet of
the easterly 150 feet of the Northeast Quarter of the Northeast Quarter of
Section 9, Township 109 North, Range 14 West; excepting therefrom the
right-of-way of existing highway; containing 3.23 acres more or less.
(d)
The land is located in Mazeppa Township and is not contiguous to other state
lands. The Department of Natural
Resources has determined that the state's land management interests would best
be served if the lands were conveyed to a local unit of government.
Sec.
51. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus lands bordering public water that
are described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The lands that may be sold are located in Wadena County and are described as:
(1)
Government Lot 3, Section 28, Township 135 North, Range 33 West, containing
0.01 acres, more or less;
(2)
Government Lot 2, Section 34, Township 135 North, Range 33 West, containing 1.5
acres, more or less; and
(3)
Government Lot 7, Section 30, Township 135 North, Range 35 West, containing
0.01 acres, more or less.
(d)
The lands border the Leaf River and are not contiguous to other state
lands. The Department of Natural
Resources has determined that the lands are not needed for natural resource
purposes.
Sec.
52. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON
COUNTY.
(a) Notwithstanding Minnesota Statutes, sections 92.45
and 282.018, subdivision 1, and the public sale provisions of Minnesota
Statutes, chapter 282, Washington County may convey to the Comfort Lake-Forest
Lake Watershed District for no consideration the tax-forfeited land bordering public
water that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the Comfort Lake-Forest Lake Watershed
District stops using the land for the public purpose described in paragraph
(d). The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in Washington County and is described as:
(1)
Parcel A (PIN 05.032.21.12.0001): all
that part of the Northwest Quarter of the Northeast Quarter, Section 5,
Township 32, Range 21, Washington County, Minnesota, that lies East of
Minnesota Highway 61 as relocated and South of Judicial Ditch No. 1, except the
following described tracts:
Beginning
at a point where the easterly right-of-way of Minnesota Highway 61 intersects
the south line of the Northwest Quarter of the Northeast Quarter, Section 5,
Township 32, Range 21, Washington County, Minnesota; thence East along said
south line of the Northwest Quarter of the Northeast Quarter of Section 5 for
194.1 feet; thence North at right angles 435.3 feet; thence South 75 degrees 56
minutes West for 294.4 feet to said easterly right-of-way of Minnesota Highway
61; thence South 14 degrees 04 minutes East along said easterly right-of-way of
Minnesota Highway 61 for 375.0 feet to the point of the beginning; and
That
part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32
North, Range 21 West, Washington County, Minnesota, described as follows: commencing at the north quarter corner of
Section 5; thence East along the north line of Section 5, a distance of 538.8
feet to the easterly right-of-way line of Trunk Highway 61; thence southeasterly
deflection to the right 76 degrees 00 minutes 20 seconds, along said highway
right-of-way line, 500.4 feet to the point of beginning; thence continuing
southeasterly along said highway right-of-way line 293.7 feet to the northwest
corner of the Philip F. and Maree la J. Turcott property, as described in Book
261 of Deeds on Page 69; thence northeasterly at right angles along the
northerly line of said Turcott property in its northeasterly projection
thereof, 318.4 feet, more or less, to the centerline of Sunrise River; thence
northwesterly along said Sunrise River centerline, 358 feet, more or less, to
the point of intersection with a line drawn northeasterly from the point of
beginning and perpendicular to the easterly right-of-way line of Trunk Highway
61; thence southwesterly along said line, 154.3 feet, more or less, to the
point of beginning; and
(2)
Parcel B (PIN 05.032.21.12.0004): that
part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32,
Range 21, lying easterly of Highway 61 and North of Judicial Ditch No. 1.
(d)
The county has determined that the land is needed by the watershed district for
purposes of Minnesota Statutes, chapter 103D.
Sec.
53. LEASE OF TAX-FORFEITED AND STATE LANDS.
(a)
Notwithstanding Minnesota Statutes, section 282.04, or other law to the
contrary, St. Louis County may enter a 30-year lease of tax-forfeited land for
a wind energy project.
(b)
The commissioner of natural resources may enter a 30-year lease of land
administered by the commissioner for a wind energy project.
Sec. 54. EFFECTIVE
DATE.
Sections
1 to 53 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to state lands; modifying Minnesota critical habitat
private sector matching account; modifying outdoor recreation system; adding to
and deleting from state parks, recreation areas, and forests; modifying
authority to convey private easements on tax-forfeited land; providing for
public and private sales, conveyances, and exchanges of certain state land;
authorizing 30-year leases of tax-forfeited and other state lands for wind
energy projects; amending Minnesota Statutes 2006, sections 84.943, subdivision
5; 86A.04; 86A.08, subdivision 1; 282.04, subdivision 4a; Laws 2006, chapter
236, article 1, section 43."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3280, A bill for an act relating to state lands; providing for expedited
exchanges of public land; amending Minnesota Statutes 2006, section 97A.145,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 94.
Reported
the same back with the following amendments:
Amend
the title as follows:
Page
1, line 3, delete everything before "proposing"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Lenczewski
from the Committee on Taxes to which was referred:
H. F.
No. 3323, A bill for an act relating to local government; authorizing the
Minneapolis Park and Recreation Board and the city of Minneapolis to adopt
standards for dedication of land to the public or a payment of a dedication fee
on certain new commercial and industrial development; amending Laws 2006,
chapter 269, section 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3486, A bill for an act relating to motor carriers; reallocating proceeds
of fees collected since 2005 under the International Fuel Tax Agreement
compact; amending Minnesota Statutes 2006, sections 168D.06; 168D.07; 299A.705,
subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
168D.06, is amended to read:
168D.06 FUEL LICENSE FEES.
License
fees paid to the commissioner under the International Fuel Tax Agreement must
be deposited in the highway user tax distribution fund vehicle
services operating account in the special revenue fund under section 299A.705. The commissioner shall charge an annual fuel
license fee of $15, and an annual application filing fee of $13 for quarterly
reporting of fuel tax.
EFFECTIVE DATE. This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
Sec.
2. Minnesota Statutes 2006, section
168D.07, is amended to read:
168D.07 FUEL DECAL FEE.
The
commissioner shall issue a decal or other identification to indicate compliance
with the International Fuel Tax Agreement.
The commissioner shall establish a charge to cover the cost of issuing
the decal or other identification according to section 16A.1285, subdivision
4a. Decal or other identification
charges paid to the commissioner under this subdivision must be deposited in
the highway user tax distribution fund vehicle services operating
account in the special revenue fund under section 299A.705.
EFFECTIVE DATE. This section is effective retroactively from August 1, 2005,
for fees collected on or after that date.
Sec.
3. Minnesota Statutes 2006, section
299A.705, subdivision 1, is amended to read:
Subdivision
1. Vehicle
services operating account. (a) The
vehicle services operating account is created in the special revenue fund,
consisting of all money from the vehicle services fees specified in chapters
168 and, 168A, and 168D, and any other money otherwise donated,
allotted, appropriated, or legislated to this account.
(b)
Funds appropriated are available to administer vehicle services as specified in
chapters 168 and, 168A, and 168D, and section 169.345,
including:
(1)
designing, producing, issuing, and mailing vehicle registrations, plates,
emblems, and titles;
(2)
collecting title and registration taxes and fees;
(3)
transferring vehicle registration plates and titles;
(4)
maintaining vehicle records;
(5)
issuing disability certificates and plates;
(6)
licensing vehicle dealers;
(7)
appointing, monitoring, and auditing deputy registrars; and
(8)
inspecting vehicles when required by law.
EFFECTIVE DATE. This section is effective retroactively from August 1, 2005,
for fees collected on or after that date."
Delete
the title and insert:
"A
bill for an act relating to motor carriers; reallocating proceeds of fees
collected since 2005 under the International Fuel Tax Agreement compact;
amending Minnesota Statutes 2006, sections 168D.06; 168D.07; 299A.705,
subdivision 1."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3490, A bill for an act relating to drivers' licenses; imposing $30
reinstatement fee following revocation of juvenile's license; amending
Minnesota Statutes 2006, section 171.29, subdivision 1.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Ways and Means.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3558, A bill for an act relating to motor vehicles; requiring commissioner
of public safety to issue special 2008 U.S. Women's Open license plates.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. U.S.
OPEN SPECIAL TEMPORARY PERMITS.
Subdivision
1. Definitions. (a) "Committee" means the 2008
U.S. Women's Open Committee.
(b)
"Commissioner" means the commissioner of public safety.
Subd.
2. Issuance
and design. Notwithstanding
Minnesota Statutes, section 168.1293, upon the request of the committee, the
commissioner shall issue to the committee a minimum of 250 special temporary
permits for use in connection with the 2008 United States Golf Association
Women's Open Championship. The special
temporary permits must be of a design approved by the commissioner after
consultation with the committee. The
permits may be displayed only on a passenger vehicle, the use of which has been
donated for the open championship by the vehicle manufacturer. The permits are valid from the date of
issuance until July 4, 2008.
Subd.
3. Fees. The commissioner shall collect a fee of
$10 for each pair of special temporary permits issued under this section.
Subd.
4. Application. In requesting special temporary permits
under this section, the committee shall provide the following information to
the commissioner at least 60 days before the start of the period for which the
permits are requested:
(1)
the dates of the period for which the permits are requested;
(2)
the name, address, and telephone number of an authorized representative of the
committee;
(3)
the quantity of permits requested; and
(4)
a certification that the insurance required under Minnesota Statutes, section
65B.49, subdivision 3, will be provided for each vehicle for which special
temporary permits are provided under this section.
Subd.
5. Liability. If a parking violation citation is issued
for a violation committed by a driver of a vehicle displaying special temporary
permits issued under this section, the committee is liable for the amount of
fine, penalty assessment, late payment penalty, or cost of warrants issued in
connection with the violation unless, within 15 days after receiving knowledge
of the violation, the committee provides to the issuing authority the following
information to the extent available:
the driver's full name; home address; local address, if any; license
number; and employer's name and address.
If the committee is relieved of liability under this subdivision, the
person who committed the violation remains liable for the violation.
EFFECTIVE DATE. This section is effective the day following final enactment."
Amend
the title as follows:
Page
1, line 3, delete "special" and insert "temporary permits for
passenger vehicles used in connection with the" and delete "license
plates"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3706, A bill for an act relating to motor vehicles; repealing surcharge for
special veteran license plates; repealing Minnesota Statutes 2006, section
168.123, subdivision 2a.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Ways and Means.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3723, A bill for an act relating to local government finance; permitting
Minneapolis Park and Recreation Board to retain proceeds from the condemnation
of park lands necessary for the reconstruction and expansion of marked
Interstate Highway 35W at the Mississippi River.
Reported
the same back with the following amendments:
Page
1, line 17, after "for" insert "public"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3800, A bill for an act relating to motor vehicles; permitting sale of
impounded vehicles and contents after voluntary title transfer; providing for
notice of impound, right to reclaim contents, and waiver of right; establishing
right to retrieve contents without charge in certain cases; limiting deficiency
claim; providing for permit for oversize and overweight tow trucks in certain
cases; amending Minnesota Statutes 2006, sections 168B.051, subdivision 2;
168B.06, subdivisions 1, 3; 168B.07, by adding a subdivision; 168B.08,
subdivision 1; 168B.087, subdivision 1; 169.86, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
TRANSPORTATION
POLICY
Section
1. Minnesota Statutes 2006, section
86B.825, subdivision 5, is amended to read:
Subd.
5. No
legal title without certificate. A
person acquiring a watercraft, required to have a certificate of title under
this section, through a sale or gift does not acquire a right, title,
claim, or interest in the watercraft until the person has been issued a
certificate of title to the watercraft or has received a manufacturer's or
importer's certificate. A waiver or
estoppel does not operate in favor of that person against another person who
has obtained possession of the certificate of title or manufacturer's or
importer's certificate for the watercraft for valuable consideration.
Sec.
2. Minnesota Statutes 2006, section
123B.88, subdivision 3, is amended to read:
Subd.
3. Transportation
services contracts; requirements.
(a) The board may contract for the furnishing of authorized
transportation under section 123B.52, and may purchase gasoline and furnish
same to a contract carrier for use in the performance of a contract with the
school district for transportation of school children to and from school.
(b)
An initiated transportation service contract shall include by contract
language, addendum, or supplementary information terms addressing:
(1)
a summary of school bus driver training requirements, including the minimum
number of preservice training hours and the minimum number of in-service
training hours;
(2)
a driver recruitment and retention plan, including an explanation of:
(i)
the actions the contractor has taken or will take to recruit qualified drivers
for the transportation services contract;
(ii)
the process for screening applicants to be certain that they meet the school
bus driver requirements of federal law, of state law, and of the transportation
service contract, including federal and state-controlled substance and alcohol
testing requirements;
(iii)
the training that drivers receive prior to assignment to transportation
service; and
(iv)
the actions of the employer to retain qualified drivers to meet requirements of
the transportation services contract, including an explanation of wage rates
and employee benefits and policies on compensated absences such as paid
vacations, holidays, and sick leave;
(3)
the reporting to the local school district of all school bus accidents;
(4)
the reporting to the local school district of all school bus driver-reported
traffic convictions, based upon the requirement of commercial drivers to report
traffic convictions to their employer under Federal Motor Carrier Safety
Administration regulation in Code of Federal Regulations, title 49, section
383.31;
(5)
the reporting within one week to the local school district the results of any
Minnesota State Patrol inspection of school buses being regularly utilized for
the transportation under the transportation contract;
(6)
the school bus driver employee turnover ratio, defined as the total number of
school bus drivers employed during the most recent school year divided by the
daily average number of school bus drivers employed during the same regular
school year, within bus garage location or other reasonable basis. The turnover rate may exclude those drivers
whose employment is terminated or who are otherwise removed for cause from
service; and
(7)
the date of hire of the employer's current employees identified by their job
classifications, which may include any relevant prior experience. Summer and other regular school breaks
should not be considered interruptions to employment.
(c)
Notwithstanding section 123B.52, a school district may award a transportation
contract in the interest of student safety and cost-effectiveness.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec.
3. [123B.915]
SCHOOL BUS DRIVERS.
Subdivision
1. Driver
pay. School bus driver
employees must be paid for the actual time worked. If a route pay system or hourly estimation is used, school bus
driver employees must be scheduled and paid for actual time for required
inspection of buses.
Subd.
2. Right
to refuse. School bus
drivers who document needed bus repairs shall have the right to refuse to
operate the bus immediately for a safety-related repair, which meets the
out-of-service definition of Minnesota Rules, part 7470.0600. In this situation, the driver shall be
provided an alternate bus, if available, and time to inspect it. The driver shall not be penalized in any way
for fees, fines, or consequences incurred by the employer for delays or failure
to provide the transportation service in a timely manner in this
situation. Nothing in this section may
diminish the rights, pay, or benefits of drivers covered by a collective
bargaining agreement with an exclusive representative.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec. 4. Minnesota Statutes 2006, section 168.011,
subdivision 7, is amended to read:
Subd.
7. Passenger
automobile. (a) "Passenger
automobile" means any motor vehicle designed and used for carrying not
more than 15 individuals, including the driver.
(b)
"Passenger automobile" does not include motorcycles, motor scooters,
buses, school buses, or commuter vans as defined in section 168.126.
(c)
"Passenger automobile" includes, but is not limited to:
(1)
pickup trucks and vans, including those vans designed to carry passengers, with
a manufacturer's nominal rated carrying capacity of one ton; and
(2)
neighborhood electric vehicles, as defined in section 169.01, subdivision 91;
and
(3)
medium-speed electric vehicles, as defined in section 169.01, subdivision 94.
Sec.
5. Minnesota Statutes 2006, section
168.012, subdivision 1, is amended to read:
Subdivision
1. Vehicles
exempt from tax, fees, or plate display.
(a) The following vehicles are exempt from the provisions of this
chapter requiring payment of tax and registration fees, except as provided in
subdivision 1c:
(1)
vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;
(2)
vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;
(3)
vehicles used solely in driver education programs at nonpublic high schools;
(4)
vehicles owned by nonprofit charities and used exclusively to transport
disabled persons for charitable, religious, or educational purposes;
(5)
ambulances owned by ambulance services licensed under section 144E.10, the
general appearance of which is unmistakable; and
(6)
vehicles owned by a commercial driving school licensed under section 171.34, or
an employee of a commercial driving school licensed under section 171.34, and
the vehicle is used exclusively for driver education and training.
(b)
Vehicles owned by the federal government, municipal fire apparatuses including
fire-suppression support vehicles, police patrols, and ambulances, the general
appearance of which is unmistakable, are not required to register or display
number plates.
(c)
Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or
operated by the Department of Corrections, must be registered and must display
appropriate license number plates, furnished by the registrar at cost. Original and renewal applications for these
license plates authorized for use in general police work and for use by the
Department of Corrections must be accompanied by a certification signed by the
appropriate chief of police if issued to a police vehicle, the appropriate
sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in
charge if issued to a vehicle of any other law enforcement agency. The certification must be on a form prescribed
by the commissioner and state that the vehicle will be used exclusively for a
purpose authorized by this section.
(d)
Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be
registered and must display passenger vehicle classification license number
plates, furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license
plates must be accompanied by a certification signed by the commissioner of
revenue or the commissioner of labor and industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the
purposes authorized by this section.
(e)
Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle
classification license number plates.
These plates must be furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the commissioner of health. The
certification must be on a form prescribed by the commissioner and state that
the vehicles will be used exclusively for the official duties of the Division
of Disease Prevention and Control.
(f)
Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger
vehicle classification license number plates.
These plates must be furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the board chair. The certification
must be on a form prescribed by the commissioner and state that the vehicles
will be used exclusively for the official duties of the Gambling Control Board.
(g)
Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required
identification on the sides of the vehicle.
The vehicle must be registered and must display passenger vehicle
classification license number plates.
These plates must be furnished at cost by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a certification signed
by the hospital administrator. The
certification must be on a form prescribed by the commissioner and state that
the vehicles will be used exclusively for the official duties of the state
hospital or institution.
(h)
Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the
sides of the vehicle. The vehicles must
be registered and must display passenger vehicle classification license number
plates. These plates must be furnished
at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates must be
accompanied by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the social service agency.
(g) (i) All other motor vehicles
must be registered and display tax-exempt number plates, furnished by the
registrar at cost, except as provided in subdivision 1c. All vehicles required to display tax-exempt
number plates must have the name of the state department or political subdivision,
nonpublic high school operating a driver education program, or licensed
commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle; except that each state
hospital and institution for persons who are mentally ill and developmentally
disabled may have one vehicle without the required identification on the sides
of the vehicle, and county social service agencies may have vehicles used for
child and vulnerable adult protective services without the required
identification on the sides of the vehicle. This identification must be in a color giving contrast with that
of the part of the vehicle on which it is placed and must endure throughout the
term of the registration. The
identification must not be on a removable plate or placard and must be kept
clean and visible at all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision or to a
nonpublic high school driver education program.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 168.017, subdivision 3, is amended to read:
Subd.
3. Exceptions. (a) The registrar shall register all
vehicles subject to registration under the monthly series system for a period
of 12 consecutive calendar months, unless:
(1)
the application is an original rather than renewal application; or
(2)
the application is for quarterly registration under section 168.018; or
(2) (3) the applicant is a licensed
motor vehicle lessor under section 168.27 and the vehicle is leased or rented
for periods of time of not more than 28 days, in which case the applicant may
apply for initial or renewed registration of a vehicle for a period of four or
more months, with the month of expiration to be designated by the applicant
at the time of registration.
However, (b) To qualify for this
the exemption under paragraph (a), clause (3), the applicant must
(1) present the application to the registrar at St. Paul, or a designated
deputy registrar office, and (2) stamp in red, on the certificate of title, the
phrase "The expiration month of this vehicle is ....." with the blank
filled in with the month of expiration as if the vehicle is being registered
for a period of 12 calendar months.
(b) (c) In any instance except that
of a licensed motor vehicle lessor, the registrar shall not approve registering
the vehicle subject to the application for a period of less than three months,
except when the registrar determines that to do otherwise will help to equalize
the registration and renewal work load of the department.
Sec.
7. Minnesota Statutes 2006, section
168.021, subdivision 1, is amended to read:
Subdivision
1. Disability
plates; application. (a) When a
motor vehicle registered under section 168.017, a motorcycle, a truck having a
manufacturer's nominal rated capacity of one ton and resembling a pickup truck,
or a self-propelled recreational vehicle is owned or primarily operated by a
permanently physically disabled person or a custodial parent or guardian of a
permanently physically disabled minor, the owner may apply for and secure from
the commissioner (1) immediately, a temporary permit valid for 30 days if the
applicant is eligible for the disability plates issued under this section and
(2) two disability plates with attached emblems, one plate to be attached to
the front, and one to the rear of the motor vehicle.
(b)
The commissioner shall not issue more than one set of plates to any owner of a
motor vehicle at the same time unless all motor vehicles have been specifically
modified for and are used exclusively by a permanently physically disabled
person the state council on disability approves the issuance of a second
set of plates to a motor vehicle owner.
(c)
When the owner first applies for the disability plates, the owner must submit a
medical statement in a format approved by the commissioner under section
169.345, or proof of physical disability provided for in that section.
(d) No
medical statement or proof of disability is required when an owner of a motor
vehicle applies for plates for one or more motor vehicles that are specially
modified for and used exclusively by permanently physically disabled persons.
(e)
The owner of a motor vehicle may apply for and secure (i) immediately, a permit
valid for 30 days, if the applicant is eligible to receive the disability
plates issued under this section, and (ii) a set of disability plates for a
motor vehicle if:
(1)
the owner employs a permanently physically disabled person who would qualify
for disability plates under this section; and
(2)
the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.
Sec.
8. Minnesota Statutes 2006, section
168.021, subdivision 2, is amended to read:
Subd.
2. Plate
design; furnished by commissioner.
The commissioner shall design and furnish two disability plates with
attached emblems to each an eligible owner. The emblem must bear the internationally
accepted wheelchair symbol, as designated in section 16B.61, subdivision 5,
approximately three inches square. The
emblem must be large enough to be visible plainly from a distance of 50
feet. An applicant eligible for
disability plates shall pay the motor vehicle registration fee authorized by
sections 168.013 and 168.09.
Sec.
9. Minnesota Statutes 2006, section
168.09, subdivision 7, is amended to read:
Subd.
7. Display
of temporary permit; special plates. (a) A vehicle that displays a special Minnesota
plate issued under section 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or
2d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129, chapter 168
may display a temporary permit in conjunction with expired registration if:
(1)
the current registration tax and all other fees and taxes have been paid
in full; and
(2)
the plate requires replacement under section 168.12, subdivision 1,
paragraph (d), clause (3) has been applied for.
(b) A
vehicle that is registered under section 168.10 may display a temporary
permit in conjunction with expired registration, with or without a registration
plate, if:
(1)
the plates have been applied for and;
(2) the registration tax has
and other fees and taxes have been paid in full, as provided for in
section 168.10; and
(2) (3) either the
vehicle is used solely as a collector vehicle while displaying the temporary
permit and not used for general transportation purposes or the vehicle was
issued a 21-day permit under section 168.092, subdivision 1.
(c)
The permit is valid for a period of 60 days.
The permit must be in a format prescribed by the commissioner and
whenever practicable must be posted upon the driver's side of the rear window
on the inside of the vehicle. The
permit is valid only for the vehicle for which it was issued to allow a
reasonable time for the new plates to be manufactured and delivered to the
applicant. The permit may be only
issued by the commissioner or by a deputy registrar under section 168.33.
Sec.
10. Minnesota Statutes 2006, section
168.185, is amended to read:
168.185 USDOT NUMBERS.
(a) Except
as provided in paragraph (d), an owner of a truck or truck-tractor having a
gross vehicle weight of more than 10,000 pounds, as defined in section 169.01,
subdivision 46, other than a farm truck that is not used in interstate
commerce, shall report to the registrar commissioner at the
time of registration its USDOT carrier number.
A person subject to this paragraph who does not have a USDOT number
shall apply for the number at the time of registration by completing a form
MCS-150 Motor Carrier Identification Report, issued by the Federal Motor
Carrier Safety Administration, or comparable document as determined by the registrar
commissioner. The registrar
commissioner shall not assign a USDOT carrier number to a vehicle owner who
is not subject to this paragraph.
(b)
Assigned USDOT numbers need not be displayed on the outside of the vehicle, but
must be made available upon request of an authorized agent of the registrar
commissioner, peace officer, other employees of the State Patrol authorized
in chapter 299D, or employees of the Minnesota Department of
Transportation. The vehicle owner shall
notify the registrar commissioner if there is a change to the
owner's USDOT number.
(c) If
an owner fails to report or apply for a USDOT number, the registrar
commissioner shall suspend the owner's registration.
(d) Until
October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural
fertilizer or agricultural chemical retailer while exclusively engaged in
delivering fertilizer or agricultural chemicals to a farmer for on-farm use.
This section does not apply to (1) a farm truck that is not used in interstate
commerce, (2) a vehicle that is not used in intrastate commerce or interstate
commerce, or (3) a vehicle that is owned and used solely in the transaction of
official business by the federal government, the state, or any political
subdivision.
Sec.
11. Minnesota Statutes 2006, section
168A.03, subdivision 1, is amended to read:
Subdivision
1. No
certificate issued. The registrar
shall not issue a certificate of title for:
(1) a
vehicle owned by the United States;
(2) a
vehicle owned by a nonresident and not required by law to be registered in this
state;
(3) a
vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective
certificate of title has been issued in another state;
(4) a
vehicle moved solely by animal power;
(5) an
implement of husbandry;
(6)
special mobile equipment;
(7) a
self-propelled wheelchair or invalid tricycle;
(8) a
trailer (i) having a gross weight of 4,000 pounds or less unless a secured
party holds an interest in the trailer or a certificate of title was previously
issued by this state or any other state or (ii) designed primarily for agricultural
purposes except a recreational vehicle or a manufactured home, both as defined
in section 168.011, subdivisions 8 and 25;
(9) a
snowmobile.; and
(10)
a spotter truck, as defined in section 169.01, subdivision 7a.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
12. Minnesota Statutes 2006, section
168A.05, subdivision 9, is amended to read:
Subd.
9. Neighborhood
electric vehicle and medium-speed electric vehicles; certificate required. Neighborhood electric vehicles and
medium-speed electric vehicles, as defined in section 169.01, subdivision
subdivisions 91 and 94, must be titled as specified in section
168A.02. The department shall not issue
a title for a neighborhood electric vehicle or a medium-speed electric
vehicle (1) that lacks a vehicle identification number, and (2) for which a
manufacturer's certificate of origin clearly labeling the vehicle as a
neighborhood electric vehicle or similar designation has not been issued. The department shall not issue a vehicle
identification number to a homemade neighborhood electric or low-speed vehicle
or retrofitted golf cart, and such vehicles do not qualify as neighborhood
electric vehicles.
Sec.
13. Minnesota Statutes 2006, section
168B.051, subdivision 2, is amended to read:
Subd.
2. Sale
after 45 days or title transfer.
An (a) If an unauthorized vehicle is impounded, other than by
the city of Minneapolis or the city of St. Paul, the impounded vehicle is
eligible for disposal or sale under section 168B.08, the earlier of:
(1)
45 days
after notice to the owner, if the vehicle is determined to be an
unauthorized vehicle that was not impounded by the city of Minneapolis or the
city of St. Paul; or
(2)
the date of a voluntary written title transfer by the registered owner to the
impound lot operator.
(b)
A voluntary written title transfer constitutes a waiver by the registered owner
of any right, title, and interest in the vehicle.
Sec.
14. Minnesota Statutes 2006, section
168B.06, subdivision 1, is amended to read:
Subdivision
1. Contents;
Written notice given within five days of impound. (a) When an impounded vehicle is
taken into custody, the unit of government or impound lot operator taking it
into custody shall give written notice of the taking within five days
to the registered vehicle owner and any lienholders.
(b)
The notice shall
must:
(1)
set forth the date and place of the taking,;
(2)
provide the
year, make, model, and serial number of the impounded motor vehicle,
if such information can be reasonably obtained, and the place where the
vehicle is being held,;
(2) (3) inform the owner and any
lienholders of their right to reclaim the vehicle under section 168B.07, and;
(3) (4) state that failure of the
owner or lienholders to:
(i) exercise their right to
reclaim the vehicle and contents within the appropriate time allowed
under section 168B.051, subdivision 1, 1a, or 2, shall be deemed and
under the conditions set forth in section 168B.07, subdivision 1, constitutes a
waiver by them of all right, title, and interest in the vehicle and contents
and a consent to the transfer of title to and disposal or sale of the vehicle and
contents pursuant to section 168B.08; or
(ii)
exercise their right to reclaim the contents of the vehicle within the
appropriate time allowed and under the conditions set forth in section 168B.07,
subdivision 3, constitutes a waiver by them of all right, title, and interest
in the contents and consent to sell or dispose of the contents under section
168B.08; and
(5)
state that a vehicle owner who provides to the impound lot operator
documentation from a government or nonprofit agency or legal aid office that
the owner is homeless, receives relief based on need, is eligible for legal aid
services, or has a household income at or below 50 percent of state median
income has the unencumbered right to retrieve any and all contents without
charge.
Sec.
15. Minnesota Statutes 2006, section
168B.06, subdivision 3, is amended to read:
Subd.
3. Unauthorized
vehicle; second notice. If
an unauthorized vehicle remains unclaimed after 30 days from the date the
notice was sent under subdivision 2, a second notice shall must be
sent by certified mail, return receipt requested, to the registered owner, if any,
of the unauthorized vehicle and to all readily identifiable lienholders of
record.
Sec.
16. Minnesota Statutes 2006, section
168B.07, is amended by adding a subdivision to read:
Subd.
3. Retrieval
of contents. (a) For
purposes of this subdivision:
(1)
"contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile
accessories, including audio or video players; and
(2)
"relief based on need" includes, but is not limited to, receipt of
MFIP and Diversionary Work Program, medical assistance, general assistance,
general assistance medical care, emergency general assistance, Minnesota
supplemental aid (MSA), MSA-emergency assistance, MinnesotaCare, Supplemental
Security Income, energy assistance, emergency assistance, Food Stamps, earned
income tax credit, or Minnesota working family tax credit.
(b)
A unit of government or impound lot operator shall establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable
procedures to protect the safety and security of the impound lot and its
personnel.
(c)
At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner who provides documentation from a government or nonprofit
agency or legal aid office that the registered owner is homeless, receives
relief based on need, is eligible for legal aid services, or has a household
income at or below 50 percent of state median income has the unencumbered right
to retrieve any and all contents without charge and regardless of whether the
registered owner pays incurred charges or fees, transfers title, or reclaims
the vehicle.
(d)
At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner other than a registered owner described in
paragraph (c) has the unencumbered right to retrieve the following
contents: medicine; medical-related
items and equipment; clothing; eyeglasses; educational materials; and legal
documents, including, but not limited to, a driver's license, identification,
passports, insurance documents, any other documents related to a pending or
concluded judicial or administrative proceeding, tax returns, and documents
indicating receipt of or eligibility for public benefit programs. This provision does not prohibit the return
of other contents at the discretion of the impound lot operator.
(e)
An impound lot operator is not required to return any contents to a person who
is not the registered owner of the impounded vehicle, other than legal
documents. Legal documents include, but
are not limited to, driver's license, identification, passports, insurance
documents, any other documents related to a pending or concluded judicial or
administrative proceeding, and tax returns.
An impound lot operator is not required to return any contents to a
person who is not the registered owner after the expiration of the waiting
periods provided in section 168B.051, or if the registered owner voluntarily
transfers title to the impound lot operator under section 168B.051, subdivision
2.
Sec.
17. Minnesota Statutes 2006, section
168B.07, is amended by adding a subdivision to read:
Subd.
4. Waiver
of rights. The failure of
the registered owner or lienholders to exercise the right to reclaim the
vehicle before the expiration of the waiting periods provided under section
168B.051 constitutes a waiver of all right, title, and interest in the vehicle
and a consent to the transfer of title to, and disposal or sale of, the vehicle
under section 168B.08. The failure of
the registered owner to exercise the right provided under subdivision 3
constitutes a waiver of all right, title, and interest in the contents and a
consent to the transfer of title to, and disposal or sale of, the contents under
section 168B.08.
Sec.
18. Minnesota Statutes 2006, section
168B.08, subdivision 1, is amended to read:
Subdivision
1. Auction
or sale. (a) If an abandoned or
unauthorized vehicle and contents taken into custody by a unit of
government or any impound lot is not reclaimed under section 168B.07, subdivision
1, it may be disposed of or sold at auction or sale when eligible pursuant
to sections 168B.06 and 168B.07. If
the contents of an abandoned or unauthorized vehicle taken into custody by a
unit of government or any impound lot is not reclaimed under section 168B.07,
subdivision 3, it may be disposed of or sold at auction or sale when eligible
pursuant to sections 168B.06 and 168B.07.
(b)
The purchaser shall be given a receipt in a form prescribed by the registrar of
motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser
to register the vehicle and receive a certificate of title, free and clear of
all liens and claims of ownership. Before
such a vehicle is issued a new certificate of title it must receive a motor
vehicle safety check.
Sec.
19. Minnesota Statutes 2006, section
168B.087, subdivision 1, is amended to read:
Subdivision
1. Deficiency
claim. (a) The nonpublic
impound lot operator has a deficiency claim against the registered owner of the
vehicle for the reasonable costs of services provided in the towing, storage,
and inspection of the vehicle minus the proceeds of the sale or auction,
except as provided in paragraph (c).
(b)
The claim for storage costs may not exceed the costs of:
(1) 25
days storage, for a vehicle described in section 168B.051, subdivision 1; and
(2) 15
days storage, for a vehicle described in section 168B.051, subdivision 1a; and
(3)
55 days
storage, for a vehicle described in section 168B.051, subdivision 2.
(c)
A public impound lot operator is prohibited from:
(1)
filing a deficiency claim against a registered owner whom the operator knows:
(i)
is homeless;
(ii)
receives relief based on need, as defined in section 168B.07; or
(iii)
has a household income at or below 50 percent of state median income; or
(2)
recovering a deficiency from a registered owner who demonstrates that the
owner, at the time the deficiency claim was filed:
(i)
was homeless;
(ii)
received relief based on need, as defined in section 168B.07; or
(iii)
had a household income at or below 50 percent of state median income.
Sec.
20. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
7a. Spotter
truck. "Spotter
truck" means a truck-tractor with a manufacturer's certificate of origin
"not for on road use" specification, used exclusively for staging or
shuttling trailers in the course of a truck freight operation or freight
shipping operation.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
21. Minnesota Statutes 2006, section
169.01, subdivision 55, is amended to read:
Subd.
55. Implement of husbandry.
"Implement of husbandry" has the meaning given in section
168A.01, subdivision 8 means a self-propelled or towed vehicle designed
or adapted to be used exclusively for timber-harvesting, agricultural,
horticultural, or livestock-raising operations.
Sec.
22. Minnesota Statutes 2006, section
169.01, subdivision 76, is amended to read:
Subd.
76. Hazardous materials.
"Hazardous materials" means those materials found to be
hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle any material that has been
designated as hazardous under United States Code, title 49, section 5103, and
is required to be placarded under Code of Federal Regulations, title 49, parts
100-185 part 172, subpart F, or any quantity of a material listed as a
select agent or toxin in Code of Federal Regulations, title 42, part 73.
Sec.
23. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
93. Wireless
communications device. "Wireless
communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including
but not limited to text messages and e-mail, without an access line for
service. A wireless communications
device does not include a device that is permanently affixed to the vehicle,
including a global positioning system or navigation system.
Sec.
24. Minnesota Statutes 2006, section
169.01, is amended by adding a subdivision to read:
Subd.
94. Medium-speed
electric vehicle. "Medium-speed
electric vehicle" means an electrically powered four-wheeled motor
vehicle, equipped with a roll cage or crushproof body design, that can attain a
maximum speed of 35 miles per hour on a paved level surface, is fully enclosed
and has at least one door for entry, has a wheelbase of 40 inches or greater
and a wheel diameter of ten inches or greater, and except with respect to
maximum speed otherwise meets or exceeds regulations in Code of Federal
Regulations, title 49, section 571.500, and successor requirements.
Sec.
25. Minnesota Statutes 2006, section
169.18, subdivision 1, is amended to read:
Subdivision
1. Keep
to the right. Upon all roadways of
sufficient width a vehicle shall be driven upon the right half of the roadway,
except as follows:
(1)
when overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;
(2)
when the right half of a roadway is closed to traffic while under construction
or repair;
(3)
upon a roadway divided into three marked lanes for traffic under the rules
applicable thereon;
(4)
upon a roadway designated and signposted for one-way traffic as a one-way
roadway; or
(5) as
necessary to comply with subdivision 11 when approaching an authorized
emergency vehicle parked or stopped on the roadway.; or
(6)
as necessary to comply with subdivision 12 when approaching a road maintenance
or construction vehicle parked or stopped on the roadway.
Sec.
26. Minnesota Statutes 2006, section
169.18, subdivision 5, is amended to read:
Subd.
5. Driving
left of roadway center; exception.
(a) No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the same
direction unless such left side is clearly visible and is free of oncoming
traffic for a sufficient distance ahead to permit such overtaking and passing
to be completely made without interfering with the safe operation of any
vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must
return to the right-hand side of the roadway before coming within 100 feet of
any vehicle approaching from the opposite direction.
(b)
Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
in overtaking and passing another vehicle or at any other time, be driven to
the left half of the roadway under the following conditions:
(1)
when approaching the crest of a grade or upon a curve in the highway where the
driver's view along the highway is obstructed within a distance of 700 feet;
(2)
when approaching within 100 feet of any underpass or tunnel, railroad grade
crossing, intersection within a city, or intersection outside of a city if the
presence of the intersection is marked by warning signs; or
(3)
where official signs are in place prohibiting passing, or a distinctive
centerline is marked, which distinctive line also so prohibits passing, as
declared in the Manual on Uniform Traffic Control Devices adopted by the
commissioner.
(c)
Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that (1) is escorted at the front by a registered motor vehicle that
is displaying vehicular hazard warning lights visible to the front and rear in
normal sunlight, and (2) does not extend into the left half of the roadway to
any greater extent than made necessary by the total width of the right half of
the roadway together with any adjacent shoulder that is suitable for travel.
(d)
Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that is operated to the left half of the roadway if such operation is
not to a greater extent than is necessary to avoid collision with a parked
vehicle, sign, or other stationary object located on the highway right-of-way.
Sec.
27. Minnesota Statutes 2006, section
169.18, is amended by adding a subdivision to read:
Subd.
12. Passing
certain parked vehicles; citation; probable cause. (a) When approaching and before passing a
freeway service patrol, road maintenance, or construction vehicle with its
warning lights activated that is parked or otherwise stopped on or next to a
street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the vehicle,
if it is possible to do so.
(b)
When approaching and before passing a freeway service patrol, road maintenance,
or construction vehicle with its warning lights activated that is parked or
otherwise stopped on or next to a street or highway having more than two lanes
in the same direction, the driver of a vehicle shall safely move the vehicle so
as to leave a full lane vacant between the driver and any lane in which the
vehicle is completely or partially parked or otherwise stopped, if it is possible
to do so.
(c)
A peace officer may issue a citation to the driver of a motor vehicle if the
peace officer has probable cause to believe that the driver has operated the
vehicle in violation of this subdivision within the four-hour period following
the termination of the incident.
Sec.
28. Minnesota Statutes 2006, section
169.224, is amended to read:
169.224 NEIGHBORHOOD AND MEDIUM-SPEED ELECTRIC
VEHICLES.
Subdivision
1. Definition. For purposes of this section, "road
authority" means the commissioner, as to trunk highways; the county board,
as to county state-aid highways and county highways; the town board, as to town
roads; and the governing body of a city, as to city streets.
Subd.
2. Required
equipment. Notwithstanding any
other law, a neighborhood electric vehicle or a medium-speed electric
vehicle may be operated on public streets and highways if it meets all
equipment and vehicle safety requirements in Code of Federal Regulations, title
49, section 571.500, and successor requirements.
Subd.
3. Operation. A neighborhood electric vehicle or a
medium-speed electric vehicle may not be operated on a street or highway
with a speed limit greater than 35 miles per hour, except to make a direct
crossing of that street or highway.
Subd.
4. Restrictions
and prohibitions. (a) A road
authority, including the commissioner of transportation by order, may prohibit
or further restrict the operation of neighborhood electric vehicles and
medium-speed electric vehicles on any street or highway under the road
authority's jurisdiction.
(b) Neither
a neighborhood electric vehicle nor a medium-speed electric vehicle may
not be used to take any examination to demonstrate ability to exercise
control in the operation of a motor vehicle as required under section 171.13.
Sec.
29. [169.228] SPOTTER TRUCKS.
Notwithstanding
any other law, a spotter truck may be operated on public streets and highways
if:
(1)
the operator has a valid class A, B, or C driver's license;
(2)
the vehicle complies with the size, weight, and load restrictions under this
chapter;
(3)
the vehicle meets all inspection requirements under section 169.781; and
(4)
the vehicle is operated (i) within a zone of two air miles from the truck
freight operation or freight shipping operation where the vehicle is housed, or
(ii) directly to and from a repair shop, service station, or fueling station
for the purpose of repair, servicing, or refueling.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
30. Minnesota Statutes 2007 Supplement,
section 169.443, subdivision 9, is amended to read:
Subd.
9. Personal
cellular phone call prohibition. (a)
As used in this subdivision, "school bus" has the meaning given in
section 169.01, subdivision 6. In
addition, the term includes type III school buses as described in section
169.01, subdivision 6, clause (5), when driven by employees or agents of school
districts for transportation.
(b)
A school
bus driver may not operate a school bus while communicating over, or otherwise
operating, a cellular phone for personal reasons, whether hand-held or hands
free, when the vehicle is in motion.
EFFECTIVE DATE. This section is effective August 1, 2008, and applies to
crimes committed on or after that date.
Sec.
31. [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision
1. Definition. For purposes of this section,
"electronic message" means a self-contained piece of digital
communication that is designed or intended to be transmitted between physical
devices. An electronic message
includes, but is not limited to, e-mail, a text message, an instant message, a
command or request to access a World Wide Web page, or other data that uses a
commonly recognized electronic communications protocol. An electronic message does not include voice
or other data transmitted as a result of making a phone call, or data
transmitted automatically by a wireless communications device without direct
initiation by a person.
Subd.
2. Prohibition
on use. No person may
operate a motor vehicle while using a wireless communications device to
compose, read, or send an electronic message, when the vehicle is in motion or
a part of traffic.
Subd.
3. Exceptions. This section does not apply if a wireless
communications device is used:
(1)
solely in a voice-activated or other hands-free mode;
(2)
for making a cellular phone call;
(3)
for obtaining emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be
committed;
(4)
in the reasonable belief that a person's life or safety is in immediate danger;
or
(5)
in an authorized emergency vehicle while in the performance of official duties.
Sec.
32. Minnesota Statutes 2006, section
169.67, subdivision 3, is amended to read:
Subd.
3. Trailer,
semitrailer. (a) No trailer or
semitrailer with a gross vehicle weight of 3,000 or more pounds, or a
gross weight that exceeds the empty weight of the towing vehicle, may be drawn
on a highway unless it is equipped with brakes that are adequate to control the
movement of and to stop and hold the trailer or semitrailer. A surge brake on a trailer or semitrailer
meets the requirement of this paragraph for brakes adequate to stop and hold
the trailer or semitrailer.
(b) No
trailer or semitrailer that is required to have brakes and that has
with a gross vehicle weight of more than 6,000 3,000
pounds may be drawn on a highway unless it is equipped with brakes that are so
constructed that they are adequate to stop and hold the trailer or semitrailer
whenever it becomes detached from the towing vehicle.
(c)
Except as provided in paragraph (d), paragraph (a) does not apply to:
(1) a
trailer used by a farmer while transporting farm products produced on the
user's farm, or supplies back to the farm of the trailer's user;
(2) a towed custom service
vehicle drawn by a motor vehicle that is equipped with brakes that meet the
standards of subdivision 5, provided that such a towed custom service vehicle
that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
than 45 miles per hour;
(3)
a trailer or semitrailer operated or used by retail dealers of implements of
husbandry while engaged exclusively in the delivery of implements of husbandry;
(4) (2) a motor vehicle drawn by
another motor vehicle that is equipped with brakes that meet the standards of
subdivision 5; and
(5)
a tank trailer of not more than 12,000 pounds gross weight owned by a
distributor of liquid fertilizer while engaged exclusively in transporting
liquid fertilizer, or gaseous fertilizer under pressure;
(6)
a trailer of not more than 12,000 pounds gross weight owned by a distributor of
dry fertilizer while engaged exclusively in the transportation of dry
fertilizer; and
(7) (3) a disabled vehicle while
being towed to a place of repair.
(d)
Vehicles described in paragraph (c), clauses (1), (3), and (4) clause
(2), may be operated without complying with paragraph (a) only if the
trailer or semitrailer does not exceed the following gross weights:
(1)
3,000 pounds while being drawn by a vehicle registered as a passenger
automobile, other than a pickup truck as defined in section 168.011,
subdivision 29;
(2)
12,000 pounds while being drawn by any other motor vehicle except a
self-propelled implement of husbandry.
Sec.
33. Minnesota Statutes 2006, section
169.781, subdivision 1, is amended to read:
Subdivision
1. Definitions. For purposes of sections 169.781 to 169.783:
(a)
"Commercial motor vehicle" means:
(1) a
commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); and
(2)
each vehicle in a combination of more than 26,000 pounds.; and
(3)
a spotter truck.
"Commercial motor
vehicle" does not include (1) a school bus or Head Start bus
displaying a certificate under section 169.451, (2) a bus operated by
the Metropolitan Council or by a local transit commission created in chapter
458A, or (3) a motor vehicle that is required to be placarded
under Code of Federal Regulations, title 49, parts 100‑185.
(b)
"Commissioner" means the commissioner of public safety.
(c)
"Owner" means a person who owns, or has control, under a lease of
more than 30 days' duration, of one or more commercial motor vehicles.
(d)
"Storage semitrailer" means a semitrailer that (1) is used
exclusively to store property at a location not on a street or highway, (2)
does not contain any load when moved on a street or highway, (3) is operated
only during daylight hours, and (4) is marked on each side of the semitrailer
"storage only" in letters at least six inches high.
(e)
"Building mover vehicle" means a vehicle owned or leased by a
building mover as defined in section 221.81, subdivision 1, paragraph (a), and
used exclusively for moving buildings.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires June 30, 2013.
Sec.
34. Minnesota Statutes 2006, section
169.781, subdivision 2, is amended to read:
Subd.
2. Inspection
required. It is unlawful for a
person to operate or permit the operation of:
(1) a
commercial motor vehicle registered in Minnesota or a spotter truck; or
(2)
special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle
chassis,
unless the vehicle displays
a valid safety inspection decal issued by an inspector certified by the
commissioner, or the vehicle carries (1) proof that the vehicle complies with
federal motor vehicle inspection requirements for vehicles in interstate
commerce, and (2) a certificate of compliance with federal requirements issued
by the commissioner under subdivision 9.
EFFECTIVE DATE. This section is effective the day following final enactment
and expires on June 30, 2013.
Sec.
35. Minnesota Statutes 2006, section
169.781, subdivision 5, is amended to read:
Subd.
5. Inspection
decal; violation, penalty.
(a) A person inspecting a commercial motor vehicle shall issue an
inspection decal for the vehicle if each inspected component of the vehicle
complies with federal motor carrier safety regulations. The decal must state that in the month
specified on the decal the vehicle was inspected and each inspected component
complied with federal motor carrier safety regulations. The decal is valid for 12 months after the
month specified on the decal. The
commissioners of public safety and transportation shall make decals available,
at a fee of not more than $2 for each decal, to persons certified to perform
inspections under subdivision 3, paragraph (b).
(b)
Minnesota inspection decals may be affixed only to:
(1)
commercial motor vehicles bearing Minnesota-based license plates; or
(2)
special mobile equipment, within the meaning of subdivision 2, clause (2).
(c)
Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less than
57,000 pounds gross vehicle weight and registered as a farm truck, (2) a
storage semitrailer, or (3) a building mover vehicle must issue an inspection
decal to the vehicle unless the vehicle has one or more defects that would
result in the vehicle being declared out of service under the North American
Uniform Driver, Vehicle, and Hazardous Materials Out-of-Service Criteria issued
by the Federal Highway Administration and the Commercial Vehicle Safety
Alliance. A decal issued to a vehicle
described in clause (1), (2), or (3) is valid for two years from the date of
issuance. A decal issued to such a
vehicle must clearly indicate that it is valid for two years from the date of
issuance.
(d)
Notwithstanding paragraph (a), a commercial motor vehicle that (1) is
registered as a farm truck, (2) is not operated more than 75 miles from the
owner's home post office, and (3) was manufactured before 1979 that has a dual
transmission system, is not required to comply with a requirement in an inspection
standard that requires that the service brake system and parking brake system
be separate systems in the motor vehicle.
(e)
A person who, with the intent to defraud, falsely makes, duplicates, alters, or
forges a decal or other writing or thing purporting to be a Minnesota
inspection decal described in this subdivision is guilty of a felony. A person who, with the intent to defraud,
possesses a decal or other writing or thing falsely purporting to be a Minnesota
inspection decal described in this subdivision is guilty of a gross
misdemeanor.
Sec.
36. Minnesota Statutes 2006, section
169.79, is amended to read:
169.79 VEHICLE REGISTRATION; DISPLAYING
LICENSE PLATES.
Subdivision
1. Registration
required. No person shall operate,
drive, or park a motor vehicle on any highway unless the vehicle is registered
in accordance with the laws of this state and has the number plates or permit
confirming that valid registration or operating authority has been obtained,
except as provided in sections 168.10 and 168.12, subdivision 2f, as assigned
to it by the commissioner of public safety, conspicuously displayed thereon in
a manner that the view of any plate or permit is not obstructed. A plate issued under section 168.27 or a
permit issued under chapter 168 may be displayed on a vehicle in conjunction
with expired registration whether or not it displays the license plate to which
the last registration was issued.
Subd.
2. Semitrailer. If the vehicle is a semitrailer, the number
plate displayed must be assigned to the registered owner and correlate to the certificate
of title documentation on file with the department and shall not display
a year indicator.
Subd.
3. Rear
display of single plate. If the
vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar,
trailer registered at greater than 3,000 pounds gross vehicle weight (GVW),
semitrailer, or vehicle displaying a dealer plate, then one license plate must
be displayed horizontally with the identifying numbers and letters facing
outward from the vehicle and must be mounted in the upright position on the
rear of the vehicle.
Subd.
3a. Small trailer. If the
vehicle is a trailer with 3,000 pounds or less GVW with lifetime registration,
the numbered plate or sticker must be adhered to the side of the trailer frame
tongue near the hitch.
Subd.
4. Collector's
vehicle. If the vehicle is (1) a
collector's vehicle with a pioneer, classic car, collector, or street rod
license; (2) a vehicle that meets the requirements of a pioneer, classic, or
street rod vehicle except that the vehicle is used for general transportation
purposes; or (3) a vehicle that is of model year 1972 or earlier, not
registered under section 168.10, subdivision 1c, and is used for general
transportation purposes, then one plate must be displayed on the rear of
the vehicle, or one plate on the front and one on the rear, at the discretion
of the owner.
Subd.
5. Truck-tractor,
road-tractor, or farm truck. If the
vehicle is a truck-tractor, road-tractor, or farm truck, as defined in section
168.011, subdivision 17, but excluding from that definition semitrailers and
trailers, then one plate must be displayed on the front of the vehicle.
Subd.
6. Other
motor vehicles. If the motor
vehicle is any kind of motor vehicle other than those provided for in
subdivisions 2 to 4, one plate must be displayed on the front and one on the
rear of the vehicle.
Subd.
7. Plate
fastened and visible. All plates
must be (1) securely fastened so as to prevent them from swinging, (2)
displayed horizontally with the identifying numbers and letters facing outward
from the vehicle, and (3) mounted in the upright position. The person driving the motor vehicle shall
keep the plate legible and unobstructed and free from grease, dust, or other
blurring material so that the lettering is plainly visible at all times. It is unlawful to cover any assigned letters
and numbers or the name of the state of origin of a license plate with any
material whatever, including any clear or colorless material that affects the
plate's visibility or reflectivity.
Subd.
8. Plate
registration stickers. As viewed
facing the plates:
(a)
License
plates issued to vehicles registered under section 168.017 must display the
month of expiration in the lower left corner as viewed facing the of
each plate and the year of expiration in the lower right corner as
viewed facing the of each plate.
(b)
License
plates issued to vehicles registered under section 168.127 must display either
fleet registration validation stickers in the lower right corner as viewed
facing the plates of each plate or distinctive license plates,
issued by the registrar, with "FLEET REG" displayed on the bottom
center portion of the each plate.
(c)
License plates issued after July 1, 2008, requiring validation must display the
month of expiration in the lower left corner of each plate and the year of
expiration in the lower right corner of the plate.
Subd.
9. Tax-exempt
vehicle marking. Vehicles
displaying tax-exempt plates issued under section 16B.581 or 168.012 must have
vehicle markings that comply with section 168.012, subdivision 1.
Sec.
37. Minnesota Statutes 2006, section
169.801, is amended to read:
169.801 IMPLEMENT OF HUSBANDRY.
Subdivision
1. Exemption
from size, weight, load provisions.
Except as provided in this section and section 169.82, the provisions of
sections 169.80 to 169.88 that govern size, weight, and load do not apply to:
(1)
a horse-drawn wagon while carrying a load of loose straw or hay;
(2)
a specialized vehicle resembling a low-slung trailer having a short bed or
platform, while transporting one or more implements of husbandry; or
(3) an implement of husbandry while
being driven or towed at a speed of not more than 30 miles per hour; provided
that this exemption applies to an implement of husbandry owned, leased, or
under the control of a farmer or implement dealer only while the implement of
husbandry is being operated on noninterstate roads or highways within 75 miles
of any farmland or implement dealership:
(i) owned, leased, or operated by the farmer or implement dealer and
(ii) on which the farmer or implement dealer regularly uses or sells or leases
the implement of husbandry while operated in compliance with this
section.
Subd.
2. Weight
per inch of tire width restrictions. (a) An implement of husbandry that is
not self-propelled and is equipped with pneumatic tires may not be operated on
a public highway with a maximum wheel load that exceeds 600 pounds per inch
of tire width before August 1, 1996, and 500 pounds per inch of tire width on
and after August 1, 1996.
(b)
After December 31, 2009, a person operating or towing an implement of husbandry
on a bridge must comply with the gross weight limitations provided in section
169.824.
Subd.
3. Hitches. A towed implement of husbandry must be
equipped with (1) safety chains that meet the requirements of section 169.82,
subdivision 3, paragraph (b); (2) a regulation fifth wheel and kingpin assembly
approved by the commissioner of public safety; or (3) a hitch pin or other
hitching device with a retainer that prevents accidental unhitching.
Subd.
4. Bridge
posting. Despite subdivision
2, a person operating or towing an implement of husbandry must comply with a
sign that limits the maximum weight allowed on a bridge.
Subd.
5. Height
and width. A person
operating, towing, or transporting an implement of husbandry that is higher
than 13 feet six inches or wider than allowed under section 169.80, subdivision
2, must ensure that the operation or transportation does not damage a highway
structure, utility line or structure, or other fixture adjacent to or over a
public highway.
Subd.
6. Speed. No person may operate or tow an implement
of husbandry at a speed of more than 30 miles per hour.
Subd.
7. Driving
rules. (a) An implement of
husbandry may not be operated or towed on an interstate highway.
(b)
An implement of husbandry may be operated or towed to the left of the center of
a roadway only if it is escorted at the front by a vehicle displaying hazard
warning lights visible in normal sunlight and the operation does not extend
into the left half of the roadway more than is necessary.
Subd.
8. Lights. An implement of husbandry must be
equipped with lights that comply with section 169.55, subdivisions 2 and 3.
Subd.
9. Slow
moving vehicle emblem. An
implement of husbandry must comply with section 169.522.
Subd.
10. Brakes. Notwithstanding section 169.67:
(a)
A self-propelled implement of husbandry must be equipped with brakes adequate
to control its movement and to stop and hold it and any vehicle it is towing.
(b)
A towed implement of husbandry must be equipped with brakes adequate to control
its movement and to stop and hold it if:
(1)
it has a gross vehicle weight of more than 24,000 pounds and was manufactured
and sold after January 1, 1994;
(2)
it has a gross vehicle weight of more than 12,000 pounds and is towed by a
vehicle other than a self-propelled implement of husbandry; or
(3)
it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
registered passenger automobile other than a pickup truck as defined in section
168.011, subdivision 29.
(c)
If a towed implement of husbandry with a gross vehicle weight of more than
6,000 pounds is required under paragraph (b) to have brakes, it must also have
brakes adequate to stop and hold it if it becomes detached from the towing
vehicle.
Subd.
11. Manure
application technologies. The
Department of Transportation shall investigate and recommend opportunities for
infrastructure adaptation to accommodate the implementation of manure
application technologies that lessen impacts on roads and bridges.
Sec.
38. Minnesota Statutes 2006, section
169.82, subdivision 3, is amended to read:
Subd.
3. Hitch,
chain, or cable. (a) Every trailer
or semitrailer must be hitched to the towing motor vehicle by a device approved
by the commissioner of public safety.
(b)
Every trailer and semitrailer must be equipped with safety chains or cables
permanently attached to the trailer except in cases where the coupling device
is a regulation fifth wheel and kingpin assembly approved by the commissioner
of public safety. In towing, the chains
or cables must be attached to the vehicles near the points of bumper
attachments to the chassis of each vehicle, and must be of sufficient strength
to control the trailer in the event of failure of the towing device. The length of chain or cable must be no more
than necessary to permit free turning of the vehicles. A minimum fine of $25 must be imposed for a
violation of this paragraph.
(c)
This subdivision does not apply to towed implements of husbandry.
(d) No
person may be charged with a violation of this section solely by reason of
violating a maximum speed prescribed in section 169.145 or 169.67 or 169.801.
Sec.
39. Minnesota Statutes 2006, section
169.826, subdivision 1a, is amended to read:
Subd.
1a. Harvest season increase amount.
The limitations provided in sections 169.822 to 169.829 are increased by
ten percent from the beginning of harvest to November 30 each year for the
movement of sugar beets, carrots, and potatoes from the field of harvest to the
point of the first unloading. Transfer
of the product from a farm vehicle or small farm trailer, within the meaning of
chapter 168, to another vehicle is not considered to be the first
unloading. A permit issued under
section 169.86, subdivision 1, paragraph (a), is required. The commissioner shall not issue permits
under this subdivision if to do so will result in a loss of federal highway
funding to the state.
Sec.
40. Minnesota Statutes 2006, section
169.85, subdivision 1, is amended to read:
Subdivision
1. Driver
to stop for weighing. (a) The
driver of a vehicle that has been lawfully stopped may be required by an
officer to submit the vehicle and load to a weighing by means of portable or
stationary scales.
(b) In
addition, the officer may require that the vehicle be driven to the nearest
available scales, but only if:
(1)
the distance to the scales is no further than five miles, or if the distance
from the point where the vehicle is stopped to the vehicle's destination is not
increased by more than ten miles as a result of proceeding to the nearest
available scales; and
(2) if
the vehicle is a commercial motor vehicle, no more than two other commercial
motor vehicles are waiting to be inspected at the scale.
(c)
Official traffic control devices as authorized by section 169.06 may be used to
direct the driver to the nearest scale.
(d)
When a truck weight enforcement operation is conducted by means of portable or
stationary scales, signs giving notice of the operation must be posted within
the highway right-of-way and adjacent to the roadway within two miles of the
operation. The driver of a truck or
combination of vehicles registered for or weighing in excess of 12,000 with
a gross vehicle weight exceeding 10,000 pounds shall proceed to the scale
site and submit the vehicle to weighing and inspection.
Sec.
41. Minnesota Statutes 2006, section
169.86, is amended by adding a subdivision to read:
Subd.
8. Tow
truck. A tow truck or towing
vehicle, when towing a disabled or damaged vehicle to a place of repair or to a
place of safekeeping, may exceed the length and weight limitations of this
chapter, subject to a $300 annual permit fee and any other conditions
prescribed by the commissioner.
Sec.
42. Minnesota Statutes 2006, section
169A.03, subdivision 23, is amended to read:
Subd.
23. School bus. "School
bus" has the meaning given in section 169.01, subdivision 6. In addition, the term includes type III
school buses as described in section 169.01, subdivision 6, clause (5), when
driven by employees or agents of school districts for transportation.
EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
Sec.
43. Minnesota Statutes 2006, section
171.01, subdivision 35, is amended to read:
Subd.
35. Hazardous materials.
"Hazardous materials" means those materials found to be
hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle any material that has been
designated as hazardous under United States Code, title 49, section 5103, and
is required to be placarded under Code of Federal Regulations, title 49, parts
100-185 part 172, subpart F, or any quantity of a material listed as a
select agent or toxin in Code of Federal Regulations, title 42, part 73.
Sec.
44. Minnesota Statutes 2006, section
171.01, subdivision 46, is amended to read:
Subd.
46. School bus. "School
bus" means a motor vehicle used to transport pupils to or from a school
defined in section 120A.22, or to or from school-related activities, by the
school or a school district or by someone under an agreement with the school or
a school district. A school bus does
not include a motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school district, a
motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, or a vehicle otherwise
qualifying as a type III vehicle under section 169.01, subdivision 6, paragraph
(5), when the vehicle is properly registered and insured and being driven by an
employee or agent of a school district for nonscheduled transportation.
has the meaning given in section 169.01, subdivision 6.
Sec.
45. Minnesota Statutes 2007 Supplement,
section 171.02, subdivision 2, is amended to read:
Subd.
2. Driver's
license classifications, endorsements, exemptions. (a) Drivers' licenses are classified
according to the types of vehicles that may be driven by the holder of each
type or class of license. The
commissioner may, as appropriate, subdivide the classes listed in this
subdivision and issue licenses classified accordingly.
(b)
Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a,
no class of license is valid to operate a motorcycle, school bus, tank vehicle,
double-trailer or triple-trailer combination, vehicle transporting hazardous
materials, or bus, unless so endorsed.
There are four general classes of licenses as described in paragraphs
(c) through (f).
(c)
Class D drivers' licenses are valid for:
(1)
operating all farm trucks if the farm truck is:
(i)
controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;
(ii)
used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;
(iii)
not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and
(iv)
used within 150 miles of the farm;
(2)
notwithstanding paragraph (b), operating an authorized emergency vehicle, as
defined in section 169.01, subdivision 5, whether or not in excess of 26,000
pounds gross vehicle weight;
(3)
operating a recreational vehicle as defined in section 168.011, subdivision 25,
that is operated for personal use;
(4)
operating all single-unit vehicles except vehicles with a gross vehicle weight
of more than 26,000 pounds, vehicles designed to carry more than 15 passengers
including the driver, and vehicles that carry hazardous materials;
(5)
notwithstanding paragraph (d), operating a type A school bus or a
multifunctional school activity bus without a school bus endorsement if:
(i)
the bus has a gross vehicle weight of 10,000 pounds or less;
(ii)
the bus is designed to transport 15 or fewer passengers, including the driver;
and
(iii)
the requirements of subdivision 2a are satisfied, as determined by the
commissioner;
(6)
operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; and
(7)
towing vehicles if:
(i)
the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
(ii)
the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or
less.
(d)
Class C drivers' licenses are valid for:
(1)
operating class D motor vehicles;
(2)
with a hazardous materials endorsement, transporting hazardous materials in
operating class D vehicles to transport hazardous materials; and
(3)
with a passenger endorsement, operating buses; and
(3) (4) with a passenger
endorsement and school bus endorsement, operating school buses designed
to transport 15 or fewer passengers, including the driver.
(e)
Class B drivers' licenses are valid for:
(1)
operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and
(2)
towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
(f)
Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.
Sec.
46. Minnesota Statutes 2006, section
171.02, is amended by adding a subdivision to read:
Subd.
2b. Exception
for type III school bus drivers.
(a) Notwithstanding subdivision 2, paragraph (c), the holder of a
class D driver's license, without a school bus endorsement, may operate a type
III school bus described in section 169.01, subdivision 6, clause (5), under
the conditions in paragraphs (b) through (n).
(b)
The operator is an employee of the entity that owns, leases, or contracts for
the school bus.
(c)
The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1)
safe operation of a type III school bus;
(2)
understanding student behavior, including issues relating to students with
disabilities;
(3)
encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4)
knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
(5)
handling emergency situations;
(6)
proper use of seat belts and child safety restraints;
(7)
performance of pretrip vehicle inspections; and
(8)
safe loading and unloading of students, including, but not limited to:
(i)
utilizing a safe location for loading and unloading students at the curb, on
the nontraffic side of the roadway, or at off-street loading areas, driveways,
yards, and other areas to enable the student to avoid hazardous conditions;
(ii)
refraining from loading and unloading students in a vehicular traffic lane, on
the shoulder, in a designated turn lane, or a lane adjacent to a designated
turn lane;
(iii)
avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across
the road if it is not reasonably feasible to avoid such a location; and
(iv)
placing the type III school bus in "park" during loading and
unloading.
(d)
A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or
123B.03 for school district employees; section 144.057 or chapter 245C for day
care employees; or section 171.321, subdivision 3, for all other persons
operating a type A or type III school bus under this subdivision.
(e)
Operators shall submit to a physical examination as required by section
171.321, subdivision 2.
(f)
The operator's employer has adopted and implemented a policy that provides for
mandatory drug and alcohol testing of applicants for operator positions and
current operators, in accordance with section 181.951, subdivisions 2, 4, and
5.
(g)
The operator's driver's license is verified annually by the entity that owns,
leases, or contracts for the school bus.
(h)
A person who sustains a conviction, as defined under section 609.02, of
violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's
license is revoked under sections 169A.50 to 169A.53 of the implied consent
law, or who is convicted of or has their driver's license revoked under a
similar statute or ordinance of another state, is precluded from operating a
type III school bus for five years from the date of conviction.
(i)
A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III
school bus under this subdivision.
(j)
A person who sustains a conviction, as defined under section 609.02, of a
moving offense in violation of chapter 169 within three years of the first of
three other moving offenses is precluded from operating a type III school bus
for one year from the date of the last conviction.
(k)
An operator who sustains a conviction as described in paragraph (h), (i), or
(j) while employed by the entity that owns, leases, or contracts for the school
bus, shall report the conviction to the employer within ten days of the date of
the conviction.
(l)
Students riding the type III school bus must have training required under
section 123B.90, subdivision 2.
(m)
Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III
school bus operator. The business
manager, school board, governing body of a nonpublic school, or any other
entity that owns, leases, or contracts for the type III school bus operating
under this subdivision is responsible for maintaining these files for
inspection.
(n)
The type III school bus must bear a current certificate of inspection issued
under section 169.451.
(o)
An operator employed by a school or school district, whose normal duties do not
include operating a type III school bus, who holds a class D driver's license
without a school bus endorsement, may operate a type III school bus and is
exempt from paragraphs (d), (e), (f), (g), and (k).
EFFECTIVE DATE. This section is effective September 1, 2008.
Sec.
47. Minnesota Statutes 2006, section
171.03, is amended to read:
171.03 PERSONS EXEMPT.
The
following persons are exempt from license hereunder:
(a) A
person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the
United States federal government.
(b) A
person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C
commercial driver's license while driving or operating for military purposes a
commercial motor vehicle owned by or leased to for the United
States federal government if the person is:
(1) on
active duty in the U.S. Coast Guard;
(2) on
active duty in a branch of the U.S. Armed Forces, which includes the Army, Air
Force, Navy, and Marine Corps;
(3) a
member of a reserve component of the U.S. Armed Forces; or
(4) on
active duty in the Army National Guard or Air National Guard, which includes
(i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military
technician, who is a civilian required to wear a military uniform.
The exemption provided under
this paragraph does not apply to a U.S. Armed Forces Reserve technician.
(c)
Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt.
For purposes of this section, an all-terrain vehicle, as defined in
section 84.92, subdivision 8, an off-highway motorcycle, as defined in section
84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7, are not implements of husbandry.
(d) A
nonresident who is at least 15 years of age and who has in immediate possession
a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.
(e) A
nonresident who has in immediate possession a valid commercial driver's license
issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the
class of commercial motor vehicle authorized by the issuing state or
jurisdiction is exempt.
(f)
Any nonresident who is at least 18 years of age, whose home state or country
does not require the licensing of drivers may operate a motor vehicle as a
driver, but only for a period of not more than 90 days in any calendar year, if
the motor vehicle so operated is duly registered for the current calendar year
in the home state or country of the nonresident.
(g)
Any person who becomes a resident of the state of Minnesota and who has in
possession a valid driver's license issued to the person under and pursuant to
the laws of some other state or jurisdiction or by military authorities of the
United States may operate a motor vehicle as a driver, but only for a period of
not more than 60 days after becoming a resident of this state, without being
required to have a Minnesota driver's license as provided in this chapter.
(h)
Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or
jurisdiction in accordance with the standards of Code of Federal Regulations,
title 49, part 383, is exempt for not more than 30 days after becoming a
resident of this state.
(i)
Any person operating a snowmobile, as defined in section 84.81, is exempt.
Sec.
48. Minnesota Statutes 2006, section
171.055, subdivision 1, is amended to read:
Subdivision
1. Requirements
for provisional license; misdemeanor. (a) The department may issue a provisional license, which must be
distinctive in appearance from a driver's license, to an applicant who:
(1)
has reached the age of 16 years;
(2)
during the six months immediately preceding the application for the provisional
license has possessed an instruction permit and has incurred (i) no convictions
for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53, (ii) no convictions for a crash-related moving violation, and (iii) no
convictions for a moving violation that is not crash related;
(3) has
successfully completed a course of driver education in accordance with
department rules, including but not limited to 30 hours of classroom
instruction and six hours of behind-the-wheel driving instruction; provided
that, upon request of a parent or guardian, an additional four hours of
behind-the-wheel driving instruction must be provided during the months of
December, January, and February;
(4)
completes the required application, which must be approved by (i) either parent
when both reside in the same household as the minor applicant or, if otherwise,
then (ii) the parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or spouse of the
parent with whom the minor is living or, if items (i) to (iii) do not apply,
then (iv) the guardian having custody of the minor or, in the event a person
under the age of 18 has no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult spouse, adult
close family member, or adult employer; provided, that the approval required by
this clause contains a verification of the age of the applicant and the
identity of the parent, guardian, adult spouse, adult close family member, or
adult employer;
(5) presents
certification a logbook or schedule certified by the person who
approves the application under clause (4) stating attesting that
the applicant has driven a motor vehicle accompanied by and under the
supervision of a licensed driver at least 21 years of age, for no less than 30
50 hours, at least ten of which were nighttime hours; and
(6)
pays the fee required in section 171.06, subdivision 2.
(b)
For purposes of this section, "moving violation" has the meaning
given it in section 171.04, subdivision 1.
(c)
Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
provisional license to a person who has ever incurred a conviction for
violation of section 169A.20, 169A.33, or 169A.35; a violation of a provision
of sections 169A.50 to 169A.53; or a crash-related moving violation, and at the
time of the conviction the person did not possess an instruction permit.
(d)
If a person approving the application under paragraph (a), clause (4),
falsifies an entry, or knows an entry is false, in a logbook or schedule
certified by the person under paragraph (a), clause (5), that person is guilty
of a misdemeanor.
Sec.
49. Minnesota Statutes 2006, section
171.055, subdivision 2, is amended to read:
Subd.
2. Use
of provisional license. (a) A
provisional license holder may operate a motor vehicle only when every occupant
under the age of 18 has a seat belt or child passenger restraint system
properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the
motor vehicle for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
(b) A
provisional license holder may not operate a vehicle while communicating over,
or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion.
The provisional license holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance
to prevent a crime about to be committed, or in the reasonable belief that a
person's life or safety was in danger.
Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.
(c)
For the first six months of provisional licensure, a provisional license holder
may not operate a motor vehicle carrying more than one passenger under the age
of 20 years who is not a member of the holder's immediate family. For the second six months, the holder of the
license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the
holder's immediate family. This
paragraph does not apply if the provisional license holder is accompanied by a
parent or guardian.
(d)
For the first six months of provisional licensure, a provisional license holder
who is less than 18 years of age may operate a motor vehicle between the hours
of midnight and 5:00 a.m. only when the license holder is:
(1)
driving between the license holder's home and place of employment;
(2)
driving between the license holder's home and a school event for which the school
has not provided transportation;
(3)
driving for employment purposes; or
(4)
accompanied by a licensed driver or Minnesota identification card holder who is
at least 20 years of age.
(e) If the holder of a
provisional license during the period of provisional licensing incurs (1) a
conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or
(3) more than one conviction for a moving violation that is not crash related,
the person may not be issued a driver's license until 12 consecutive months
have expired since the date of the conviction or until the person reaches the
age of 18 years, whichever occurs first.
(f)
For purposes of this section, "immediate family" means permanent
members of the same household who are related by blood, adoption, or marriage.
Sec.
50. Minnesota Statutes 2006, section
171.0701, is amended to read:
171.0701 DRIVER EDUCATION; ORGAN AND
TISSUE DONATION CONTENT.
(a)
The
commissioner shall adopt rules requiring a minimum of 30 minutes of
instruction, beginning January 1, 2007, relating to organ and tissue donations
and the provisions of section 171.07, subdivision 5, for persons enrolled in
driver education programs offered at public schools, private schools, and
commercial driver training schools.
(b)
The commissioner shall adopt rules for persons enrolled in driver education
programs offered at public schools, private schools, and commercial driver
training schools, requiring inclusion in the course of instruction, by January
1, 2009, a section on awareness and safe interaction with commercial motor
vehicle traffic. The rules must require
classroom instruction and behind-the-wheel training that includes, but is not
limited to, truck stopping distances, proper distances for following trucks,
identification of truck blind spots, and avoidance of driving in truck blind
spots.
(c)
The rules adopted by the commissioner under paragraph (b) are exempt from the
rulemaking provisions of chapter 14.
The rules are subject to section 14.386, except that notwithstanding
paragraph (b) of section 14.386, the rules continue in effect until repealed or
superseded by other law or rule.
Sec.
51. Minnesota Statutes 2006, section
171.13, is amended by adding a subdivision to read:
Subd.
1j. Driver's
manual; interaction with commercial motor vehicle. The commissioner shall include in each
edition of the driver's manual published by the department after August 1,
2008, a section that includes information on awareness and safe interaction
with commercial motor vehicle traffic.
Sec.
52. Minnesota Statutes 2006, section
171.165, subdivision 2, is amended to read:
Subd.
2. Implied
consent revocation. The
commissioner shall disqualify a person from operating commercial motor vehicles
for a revocation under section 169A.52 or a statute or ordinance from another
state or jurisdiction in conformity with it, in accordance with for a
period that is equivalent in duration under the driver disqualifications
and penalties in Code of Federal Regulations, title 49, part 383, subpart D,
that pertain to a conviction of being under the influence of alcohol or refusal
to be tested.
Sec.
53. [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY COMMERCIAL
DRIVER.
(a)
Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of a criminal
offense; of a serious traffic violation, as defined in Code of Federal
Regulations, title 49, section 383.5; or of violating any other state or local
law relating to motor vehicle traffic control, other than a parking violation,
in any type of motor vehicle in another state or jurisdiction, shall notify the
department's Division of Driver and Vehicle Services of the conviction. The person shall notify the division within
30 days after the date that the person was convicted.
(b)
Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of violating, in
any type of motor vehicle, a Minnesota state or local law relating to motor
vehicle traffic control, other than a parking violation, shall notify the
person's employer of the conviction. The
person shall notify the person's employer within 30 days after the date that
the person was convicted. If the person
is not currently employed, the person shall notify the division according to
paragraph (a).
(c)
Notification to the division must be made in writing and contain the following
information:
(1)
the driver's full name;
(2)
the driver's license number;
(3)
the date of conviction;
(4)
the specific criminal or other offense; serious traffic violation, as defined
in Code of Federal Regulations, title 49, section 383.5; and any other
violation of state or local law relating to motor vehicle traffic control, for
which the person was convicted and any suspension, revocation, or cancellation
of certain driving privileges that resulted from the conviction;
(5)
an indication whether the violation was in a commercial motor vehicle;
(6)
the location of the offense; and
(7)
the driver's signature.
Sec.
54. [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF COMMERCIAL
DRIVER.
Each
employee, as defined in Code of Federal Regulations, title 49, section 383.5,
who has a Minnesota-issued driver's license suspended, revoked, or canceled by
this state or another state or jurisdiction, who loses the right to operate a
commercial motor vehicle in this state or another state or jurisdiction for any
period, or who is disqualified from operating a commercial motor vehicle for
any period, shall notify the person's employer of the suspension, revocation,
cancellation, lost privilege, or disqualification. The employee shall notify the employer before the end of the
business day following the day the employee received notice of the suspension,
revocation, cancellation, lost privilege, or disqualification.
Sec.
55. Minnesota Statutes 2006, section
171.321, subdivision 1, is amended to read:
Subdivision
1. Endorsement. No person shall drive a school bus when
transporting school children to or from school or upon a school-related trip or
activity without having a valid class A, class B, or class C driver's license
with a school bus endorsement except that a person possessing a valid driver's
license but not a school bus endorsement may drive a vehicle with a seating
capacity of ten or less persons used as a school bus but not outwardly equipped
or identified as a school bus type III vehicle.
Sec.
56. Minnesota Statutes 2006, section
174.02, subdivision 2, is amended to read:
Subd.
2. Unclassified
positions. The commissioner may
establish four positions in the unclassified service at the deputy and
commissioner, assistant commissioner, assistant to commissioner, or
personal secretary levels. No more
than two of these positions shall be at the deputy commissioner level.
The commissioner shall appoint at least two deputy commissioners, and one must
serve as the chief engineer and be licensed as a professional engineer under
section 326.02.
Sec.
57. Minnesota Statutes 2006, section
174.03, subdivision 1, is amended to read:
Subdivision
1. Statewide
transportation plan; priorities; schedule of expenditures. In order to best meet the present and future
transportation needs of the public, to insure a strong state economy, to make
most efficient use of public and private funds, and to promote the more
efficient use of energy and other resources for transportation purposes, the
commissioner shall:
(1)
three months after notification that the department is ready to commence
operations and prior to the drafting of the statewide transportation plan, hold
public hearings as may be appropriate solely for the purpose of receiving
suggestions for future transportation alternatives and priorities for the
state. The Metropolitan Council,
regional development commissions, and port authorities shall appear at the
hearings and submit information concerning transportation-related planning
undertaken and accomplished by these agencies.
Other political subdivisions may appear and submit such information at
the hearings. These hearings shall be
completed no later than six months from the date of the commissioner's
notification;
(2)
develop, adopt, revise, and monitor a statewide transportation plan, taking
into account the suggestions and information submitted at the public hearings
held pursuant to clause (1). The plan
shall incorporate all modes of transportation and provide for the
interconnection and coordination of different modes of transportation. The commissioner shall evaluate alternative
transportation programs and facilities proposed for inclusion in the plan in
terms of economic costs and benefits, safety aspects, impact on present and
planned land uses, environmental effects, energy efficiency, national
transportation policies and priorities, and availability of federal and other
financial assistance;
(3)
based upon the statewide transportation plan, develop statewide transportation
priorities and schedule authorized public capital improvements and other
authorized public transportation expenditures pursuant to the priorities. As permitted by the federal surface
transportation program, the commissioner shall prioritize for funding those
transportation projects in the metropolitan area, as defined in section
473.121, subdivision 2, that are consistent with policies included in the
Metropolitan Council's metropolitan development guide, transportation policy
plan, and regional development framework, and that have been awarded funding
through the federal surface transportation program;
(4)
complete the plan and priorities required by this subdivision no later than
July 1, 1978. Upon completion of the
plan and priorities, the commissioner shall prepare and periodically revise, as
necessary, the schedule of authorized public transportation expenditures. The plan, priorities, and schedule are
exempt from the provisions of the Administrative Procedure Act.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
58. Minnesota Statutes 2006, section
174.24, is amended by adding a subdivision to read:
Subd.
1a. Transit
service needs implementation plan.
The commissioner shall develop and implement a transit service needs
implementation plan that contains a goal of meeting at least 80 percent of
unmet transit service needs in greater Minnesota by July 1, 2015, and meeting
at least 90 percent of unmet transit service needs in greater Minnesota by July
1, 2025. The plan must include, but is
not limited to, the following: an
analysis of ridership and transit service needs throughout greater Minnesota; a
calculation of unmet needs; an assessment of the level and type of service
required to meet unmet needs; an analysis of costs and revenue options; and, a
plan to reduce unmet transit service needs as specified in this
subdivision. The plan must specifically
address special transportation service ridership and needs. The commissioner may amend the plan as
necessary, and may use all or part of the 2001 greater Minnesota public
transportation plan created by the Minnesota Department of Transportation.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
59. [174.247] ANNUAL TRANSIT REPORT.
(a)
By February 15 annually, the commissioner shall submit a report to the
legislature on transit services outside the metropolitan area. The Metropolitan Council and any public
transit system receiving assistance under section 174.24 shall provide
assistance in creating the report, as requested by the commissioner.
(b)
The report must include, at a minimum, the following:
(1)
a descriptive overview of public transit in Minnesota;
(2)
a descriptive summary of funding sources and assistance programs;
(3)
a summary of each public transit system receiving assistance under section
174.24;
(4)
data that identifies use of volunteers in providing transit service;
(5)
financial data that identifies operating and capital costs, and funding
sources, for each public transit system and for each transit system
classification under section 174.24, subdivision 3b;
(6)
a summary of progress with the transit service needs implementation plan under
section 174.24, subdivision 1a, including identification of any adjustments
made to the plan; and
(7)
a calculation of the amounts of surplus or insufficient funds available for (i)
paying the state share of transit operating costs under section 174.24,
subdivision 3b, and (ii) following the transit service needs implementation
plan.
EFFECTIVE DATE. This section is effective August 1, 2009.
Sec.
60. Minnesota Statutes 2006, section
221.011, is amended by adding a subdivision to read:
Subd.
50. Out-of-service
order. "Out-of-service
order" has the meaning given it in Code of Federal Regulations, title 49,
section 383.5.
Sec.
61. Minnesota Statutes 2006, section
221.0314, subdivision 9a, is amended to read:
Subd.
9a. Hours of service exemptions.
The federal regulations incorporated in subdivision 9 for maximum
driving and on-duty time do not apply to drivers engaged in the interstate
or intrastate transportation of:
(1)
the interstate or intrastate transportation of agricultural commodities or
farm supplies, and the intrastate transportation of wholesale anhydrous
ammonia, for agricultural purposes in Minnesota during the planting and
harvesting seasons from March 15 to December 15 of each year; or
(2)
the interstate or intrastate transportation of sugar beets during the
harvesting season for sugar beets from September 1 to May 15 of each year;
if the transportation is
limited to an area within a 100-air-mile radius from the source of the
commodities or the distribution point for the farm supplies.
Sec.
62. Minnesota Statutes 2006, section
221.036, subdivision 1, is amended to read:
Subdivision
1. Order. The commissioner may issue an order
requiring violations to be corrected and administratively assessing monetary
penalties for a violation of (1) section 221.021; (2) section 221.033,
subdivision 2b; (3) section 221.151; (4) section 221.171; (5) section 221.141; (6)
a federal, state, or local law, regulation, rule, or ordinance pertaining to
railroad-highway grade crossings; or (6) (7) rules of the
commissioner relating to the transportation of hazardous waste, motor carrier operations,
insurance, or tariffs and accounting.
An order must be issued as provided in this section.
Sec.
63. Minnesota Statutes 2006, section
221.036, subdivision 3, is amended to read:
Subd.
3. Amount
of penalty; considerations. (a) The
commissioner may issue an order assessing a penalty of up to $5,000 for all
violations of section 221.021; 221.141; 221.151; or 221.171, or rules of the
commissioner relating to motor carrier operations, insurance, or tariffs and
accounting, identified during a single inspection, audit, or investigation.
(b)
The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified
during a single inspection or audit.
(c) In
determining the amount of a penalty, the commissioner shall consider:
(1)
the willfulness of the violation;
(2)
the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;
(3)
the history of past violations, including the similarity of the most recent
violation and the violation to be penalized, the time elapsed since the last
violation, the number of previous violations, and the response of the person to
the most recent violation identified;
(4)
the economic benefit gained by the person by allowing or committing the
violation; and
(5)
other factors as justice may require, if the commissioner specifically
identifies the additional factors in the commissioner's order.
(d)
The commissioner shall assess a penalty of not less than $1,000 against a
driver who is convicted of a violation of an out-of-service order. The commissioner shall assess a penalty of
not more than $10,000 against an employer who knowingly allows or requires an
employee to operate a commercial motor vehicle in violation of an
out-of-service order. in accordance with Code of Federal Regulations,
title 49, section 383.53 against:
(1)
a driver who is convicted of a violation of an out-of-service order;
(2)
an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of an out-of-service order; or
(3)
an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of a federal, state, or local law or
regulation pertaining to railroad-highway grade crossings.
Sec.
64. Minnesota Statutes 2006, section
299D.03, subdivision 1, is amended to read:
Subdivision
1. Members,
powers, and duties. (a) The
commissioner is hereby authorized to employ and designate a chief supervisor, a
chief assistant supervisor, and such assistant supervisors, sergeants and
officers as are provided by law, who shall comprise the Minnesota State Patrol.
(b)
The members of the Minnesota State Patrol shall have the power and authority:
(1) as
peace officers to enforce the provisions of the law relating to the protection
of and use of trunk highways;
(2) at
all times to direct all traffic on trunk highways in conformance with law, and
in the event of a fire or other emergency, or to expedite traffic or to insure
safety, to direct traffic on other roads as conditions may require
notwithstanding the provisions of law;
(3) to
serve search warrants related to criminal motor vehicle and traffic violations
and arrest warrants, and legal documents anywhere in the state;
(4) to
serve orders of the commissioner of public safety or the commissioner's duly
authorized agents issued under the provisions of the Driver's License Law, the
Safety Responsibility Act, or relating to authorized brake- and light-testing
stations, anywhere in the state and to take possession of any license, permit,
or certificate ordered to be surrendered;
(5) to
inspect official brake and light adjusting stations;
(6) to
make appearances anywhere within the state for the purpose of conducting
traffic safety educational programs and school bus clinics;
(7) to
exercise upon all trunk highways the same powers with respect to the
enforcement of laws relating to crimes, as sheriffs and police officers;
(8) to
cooperate, under instructions and rules of the commissioner of public safety,
with all sheriffs and other police officers anywhere in the state, provided
that said employees shall have no power or authority in connection with strikes
or industrial disputes;
(9) to
assist and aid any peace officer whose life or safety is in jeopardy;
(10)
as peace officers to provide security and protection to the governor, governor
elect, either or both houses of the legislature, and state buildings or
property in the manner and to the extent determined to be necessary after
consultation with the governor, or a designee.
Pursuant to this clause, members of the State Patrol, acting as peace
officers have the same powers with respect to the enforcement of laws relating
to crimes, as sheriffs and police officers have within their respective
jurisdictions;
(11)
to inspect school buses anywhere in the state for the purposes of determining
compliance with vehicle equipment, pollution control, and registration
requirements;
(12)
as peace officers to make arrests for public offenses committed in their
presence anywhere within the state.
Persons arrested for violations other than traffic violations shall be
referred forthwith to the appropriate local law enforcement agency for further
investigation or disposition.; and
(13)
to enforce the North American uniform out-of-service criteria and issue
out-of-service orders, as defined in Code of Federal Regulations, title 49,
section 383.5.
(c)
The state may contract for State Patrol members to render the services
described in this section in excess of their regularly scheduled duty hours and
patrol members rendering such services shall be compensated in such amounts,
manner and under such conditions as the agreement provides.
(d)
Employees thus employed and designated shall subscribe an oath.
Sec.
65. Minnesota Statutes 2006, section
299D.06, is amended to read:
299D.06 PATROL EMPLOYEES WHO ARE NOT
TROOPERS.
(a)
Department personnel must be classified employees assigned to the Division of
State Patrol if they are employed to enforce:
(1)
laws relating to motor vehicle equipment; school bus equipment; drivers'
licenses; motor vehicle registration; motor vehicle size and weight; motor
carrier insurance, registration, and safety; and motor vehicle petroleum taxes;
(2)
Pollution Control Agency rules relating to motor vehicle noise abatement; and
(3)
laws relating to directing the movement of vehicles.; and
(4)
the North American uniform out-of-service criteria and issue out-of-service
orders, as defined in Code of Federal Regulations, title 49, section 383.5.
(b)
Employees engaged in these duties, while actually on the job during their
working hours only, shall have power to:
(1)
issue citations in lieu of arrest and continued detention; and
(2)
prepare notices to appear in court for violation of these laws and rules, in
the manner provided in section 169.91, subdivision 3.
(c)
They shall not be armed and, except as provided in this section, shall have
none of the other powers and privileges reserved to peace officers including
the power to enforce traffic laws and regulations.
Sec.
66. Minnesota Statutes 2006, section
473.1465, is amended by adding a subdivision to read:
Subd.
4. Special
transportation service assessment.
As part of its annual update to the performance evaluation report
under section 473.13, subdivision 1a, the Metropolitan Council shall include an
assessment of progress towards meeting transit goals for people with
disabilities. The assessment must
include, but is not limited to, the following:
a description of proposed program enhancements; an assessment of
progress; identification of the estimated total number of potential and actual
riders who are disabled; an assessment of the level and type of service
required to meet unmet ridership needs; and an analysis of costs and revenue
options, including a calculation of the amounts of surplus or insufficient
funds available for achieving paratransit needs.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
67. Minnesota Statutes 2006, section
473.388, subdivision 2, is amended to read:
Subd.
2. Replacement
service; eligibility. (a) The
council may provide assistance under the program to a statutory or home rule
charter city or town or combination thereof, that:
(a) (1) is located in the
metropolitan transit taxing district;
(b) (2) is not served by the
council bus service or is served only with council bus routes which begin or
end within the applying city or town or combination thereof; and
(c) (3) has fewer than four
scheduled runs of council bus service during off-peak hours defined in
section 473.408, subdivision 1.
(b)
Eligible
cities or towns or combinations thereof may apply on behalf of a transit
operator with whom they propose to contract for service.
(c)
The council
may not provide assistance under this section to a statutory or home rule
charter city or town unless the city or town,:
(i) (1) was receiving assistance
under Minnesota Statutes 1982, section 174.265 by July 1, 1984,;
(ii) (2) had submitted an
application for assistance under that section by July 1, 1984,;
or
(iii) (3) had submitted a letter of
intent to apply for assistance under that section by July 1, 1984, and submits
submitted an application for assistance under this section by July 1,
1988. A statutory or home rule charter
city or town has an additional 12-month extension if it notified the former
regional transit board before July 1, 1988, that the city or town is in the
process of completing a transportation evaluation study that includes an
assessment of the local transit needs of the city or town.
(d)
Nothing in this section prevents a local governmental unit from providing
public transit service that extends outside of the metropolitan transit taxing
district.
(e)
For purposes of this subdivision, "off-peak hours" means the time
from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last bus on Monday through
Friday of each week and all day Saturday, Sunday, and holidays designated by
the council.
Sec.
68. Laws 2002, chapter 393, section 85,
is amended to read:
Sec.
85. DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.
Subdivision
1. Definition. For purposes of this section, "Dan
Patch commuter rail line" means the commuter rail line between Northfield
and Minneapolis identified in the metropolitan council's transit 2020 master
plan as the Dan Patch line.
Subd.
2. Metropolitan
council; prohibitions. The
metropolitan council must not take any action or spend any money for study,
planning, preliminary engineering, final design, or construction for the
Dan Patch commuter rail line. The
council must remove all references, other than references for historical
purposes, to the Dan Patch commuter rail line from any future revisions to the
council's transportation development guide and the council's regional transit
master plan.
Subd.
3. Commissioner
of transportation. The commissioner
of transportation must not expend any money for study, planning,
preliminary engineering, final design, or construction for the Dan Patch
commuter rail line. The commissioner
must remove all references, other than references for historical purposes, to
the Dan Patch commuter rail line from any future revisions to the state
transportation plan and the commissioner's commuter rail system plan.
Subd.
4. Regional
rail authorities. No regional rail
authority may expend any money for study, planning, preliminary
engineering, final design, or construction for the Dan Patch commuter rail
line.
Sec.
69. REPORT ON URBAN PARTNERSHIP AGREEMENT.
By
January 15, 2009, and on January 15 each year through 2014, the commissioner of
transportation, in conjunction with the Metropolitan Council, shall report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation concerning the status of the state's
participation in the urban partnership agreement. The report must:
(1)
present the elements of congestion reduction strategies to be implemented under
the urban partnership agreement;
(2)
summarize average daily traffic and congestion levels on affected roadways;
(3)
summarize transit usage in affected corridors;
(4)
identify the costs of participation and the sources of funding secured or to be
secured;
(5)
include information on revenues and expenditures under the urban partnership
agreement;
(6)
summarize any user fees collected on marked Interstate Highway 35W
high-occupancy vehicle and dynamic shoulder lanes;
(7)
recommend any further legislative action necessary for the successful
implementation and operation of the urban partnership agreement; and
(8)
starting with the January 15, 2011, report and in each report thereafter,
evaluate strategies used within the urban partnership agreement, and develop
recommendations for:
(i)
the Rush Line corridor transit way along marked Interstate Highway 35E and
marked Trunk Highway 35 from downtown St. Paul to Hinckley;
(ii)
the Red Rock corridor transit way between Minneapolis and Hastings via St.
Paul; and
(iii)
the marked Interstate Highway 94 corridor from downtown St. Paul to the
Minnesota-Wisconsin border.
Sec.
70. CREDIT CARD PAYMENT STUDY; PROPOSAL.
(a)
By February 1, 2009, the commissioner of public safety shall submit a proposal
to the chairs and ranking minority members of the senate and house of
representatives committees with jurisdiction over transportation finance. The proposal must identify a method that
allows the Department of Public Safety, its deputy registrars, and driver's
license agents to collect by credit or debit card, motor vehicle registration
taxes under Minnesota Statutes, section 168.013; motor vehicle certificates of
title and related document fees under Minnesota Statutes, section 168A.29;
motor vehicle sales tax under Minnesota Statutes, sections 297B.02 and
297B.025; and, driver's license and Minnesota identification card fees under
Minnesota Statutes, section 171.06.
(b)
The proposal must identify the total estimated statewide cost of the processing
fees paid to either a vendor, financial institution, or credit card
company. The proposal must consider
options to finance the acceptance fees through either (1) state fee increases
necessary to finance (i) the costs of credit and debit card processing fees paid
to a processing vendor, (ii) the administrative costs of the department to
implement the acceptance of credit and debit cards, including hardware and
software costs of the department, its deputy registrars, and agents, and (iii)
associated ongoing administrative cost increases, or (2) an agreement with a
vendor that allows the addition of a convenience fee to each transaction to be
paid directly by customers who choose to utilize credit or debit cards.
(c) The commissioner of public safety, with the assistance of the commissioners of finance and administration, shall develop a request for proposals from vendors, to be issued by January 1, 2010, to implement the acceptance of credit and debit payments by the Department of Public Safety, its deputy registrars, and agents. The department shall consult