Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4349
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
FIFTY-FIFTH DAY
Saint Paul, Minnesota, Wednesday, April 25,
2007
The House of Representatives convened at 12:00 noon and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Greg Renstrom, Hamline
United Methodist Church, 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
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
Sviggum
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. Ruth moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4350
REPORTS OF CHIEF CLERK
S. F. No. 124 and H. F. No. 269,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Howes moved that S. F. No. 124 be substituted
for H. F. No. 269 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 875 and H. F. No. 456,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical.
Rukavina moved that S. F. No. 875 be substituted
for H. F. No. 456 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1218 and
H. F. No. 1259, 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. 1218 be substituted for H. F. No. 1259
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1262 and
H. F. No. 1656, 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. 1262 be substituted for H. F. No. 1656
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1271 and
H. F. No. 1500, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Smith moved that the rules be so far suspended that
S. F. No. 1271 be substituted for H. F. No. 1500
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1405 and
H. F. No. 1433, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Olin moved that the rules be so far suspended that
S. F. No. 1405 be substituted for H. F. No. 1433
and that the House File be indefinitely postponed. The motion prevailed.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4351
S. F. No. 1533 and
H. F. No. 1209, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mullery moved that the rules be so far suspended that
S. F. No. 1533 be substituted for H. F. No. 1209
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1556 and
H. F. No. 1688, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Pelowski moved that S. F. No. 1556 be
substituted for H. F. No. 1688 and that the House File be
indefinitely postponed. The motion prevailed.
S. F. No. 1724 and
H. F. No. 1577, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Lesch moved that the rules be so far suspended that
S. F. No. 1724 be substituted for H. F. No. 1577
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1920 and
H. F. No. 2056, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Atkins moved that S. F. No. 1920 be substituted
for H. F. No. 2056 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1966 and
H. F. No. 1691, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Anzelc moved that the rules be so far suspended that
S. F. No. 1966 be substituted for H. F. No. 1691
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1998 and
H. F. No. 2218, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Slocum moved that the rules be so far suspended that
S. F. No. 1998 be substituted for H. F. No. 2218
and that the House File be indefinitely postponed. The motion prevailed.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4352
S. F. No. 2161 and
H. F. No. 1919, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Marquart moved that the rules be so far suspended that
S. F. No. 2161 be substituted for H. F. No. 1919
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson from the Committee
on Finance to which was referred:
H. F. No. 562, A bill for an
act relating to towns; appropriating money for town road signs.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"Section 1. APPROPRIATION; TOWN ROAD SIGN
REPLACEMENT PROGRAM.
$600,000 is appropriated
from the general fund to the commissioner of transportation to implement the
town road sign replacement program established in Laws 2005, First Special
Session chapter 6, article 3, section 89. For the purpose of this
appropriation, implementation includes the purchase and installation of new
signs. This appropriation may be used to satisfy any local matching requirement
for the receipt of federal funds. Designated funds not allocated by July 1,
2009, cancel and revert to the general fund. If an appropriation for this
purpose is enacted more than once, the appropriation is effective only once."
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. 1351, A bill for
an act relating to transportation; providing for a study of long-range
transportation solutions.
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 117.041, is amended by adding a subdivision to read:
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4353
Subd. 3. Geotechnical investigation before eminent domain proceedings.
(a) A state agency by order of the commissioner or a political subdivision
by resolution may enter property for purposes of investigation, monitoring,
testing, surveying, boring, or other similar activities necessary or
appropriate to perform geotechnical investigations.
(b) At least ten days before
entering the property, the state agency or political subdivision must serve
notice on the property owner requesting permission to enter the property,
stating the approximate time and purpose of the entry, and giving the owner the
option of refusing entry. If the property owner refuses to consent to the
entry, the state agency or political subdivision must apply for a court order
authorizing the entry and the removal of any sample or portion from the
property, giving notice of the court order to the property owner. The court
shall issue an order if the state agency or political subdivision meets the
standards in paragraph (a). Notices under this paragraph must be served in the
same manner as a summons in a civil action.
(c) The state agency or
political subdivision must not cause any unnecessary damage to the property and
must compensate the property owner for any damages actually incurred as a
result of the geotechnical investigations.
Sec. 2. Minnesota Statutes
2006, section 160.02, is amended by adding a subdivision to read:
Subd. 18a. Expressway. "Expressway" means a divided
highway with partial control of access.
Sec. 3. Minnesota Statutes
2006, section 160.02, subdivision 19, is amended to read:
Subd. 19. Freeway or expressway.
"Freeway" or "expressway" means a divided,
controlled-access highway with four or more lanes full control of
access.
Sec. 4. Minnesota Statutes
2006, section 161.14, subdivision 18, is amended to read:
Subd. 18. Voyageur Highway. The following route
is named and designated the "Voyageur Highway":
(a) Beginning at a point on
Trunk Highway No. 26 on the boundary line between the states of Minnesota and
Iowa; thence northerly along Trunk Highway No. 26 to its junction with Trunk
Highway No. 61; thence northwesterly along Trunk Highway No. 61 to its junction
with Trunk Highway No. 10 in the city of St. Paul; thence extending in a
general northwesterly direction along Trunk Highway No. 10 to its junction with
Trunk Highway No. 371 at Little Falls; thence extending in a general northerly
direction along Trunk Highway No. 371 to its junction with Trunk Highway No.
210 at Brainerd; thence northeasterly along Trunk Highway No. 210 to its
junction with Trunk Highway No. 169 at Aitkin; thence in a general northerly
direction along Trunk Highway No. 169 to its junction with Trunk Highway No. 2
at Grand Rapids; thence northwesterly along Trunk Highway No. 2 to its junction
with Trunk Highway No. 71 at Bemidji; thence northeasterly along Trunk Highway
No. 71 to its junction with Trunk Highway No. 11 at Pelland; thence
northeasterly along Trunk Highway No. 11 to its junction with Trunk Highway No.
53 at International Falls; thence southeasterly along Trunk Highway No. 53 to
its junction with Trunk Highway No. 61 Central Entrance at Duluth;.
Beginning at a point on Trunk Highway No. 61 at its junction with Interstate
Highway 35 and thence northeasterly along Trunk Highway No. 61 to the
boundary line between the state of Minnesota and the province of Ontario,
Canada.
(b) The route of the
Voyageur Highway designated and described in clause (a) is supplemented by legs
or alternative routes described as follows:
Beginning at a point on
Trunk Highway No. 1 at its junction with Trunk Highway No. 61 northerly of
Silver Bay; thence northwesterly along Trunk Highway No. 1 to Ely; thence
southwesterly along Trunk Highway No. 1 to its junction with Trunk Highway No.
169; thence southerly and westerly along Trunk Highway No. 169 to its junction
with Trunk Highway No. 53, and there terminating.
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Day - Wednesday, April 25, 2007 - Top of Page 4354
Beginning at a point on
Trunk Highway No. 11 at its junction with Trunk Highway No. 53 at International
Falls; thence easterly along Trunk Highway No. 11 to its easterly terminus near
Island View.
Beginning at a point on
Trunk Highway No. 33 at its junction with Interstate Highway marked I-35
southerly of Cloquet, thence northerly along Trunk Highway No. 33 to its
junction with Trunk Highway No. 53.
(c) The commissioner of
transportation shall:
(1) adopt a suitable marking
design of signs or informational plaques;
(2) effect the installation
of such signs or plaques in public waysides or other public areas as approved
and designated by the commissioner.
Sec. 5. Minnesota Statutes
2006, section 161.14, is amended by adding a subdivision to read:
Subd. 57. Walter F. Mondale Drive. Trunk Highway marked 53 from its
intersection with Superior Street to its intersection with Central Entrance in
the city of Duluth, as signed on the effective date of this section, is
designated "Walter F. Mondale Drive." Subject to section 161.139, the
commissioner of transportation shall adopt a suitable marking design to mark
this highway and erect appropriate signs.
Sec. 6. Minnesota Statutes
2006, section 161.14, is amended by adding a subdivision to read:
Subd. 58. Dallas Sams Memorial Highway. That portion of Legislative
Route No. 2, signed as Trunk Highway 210 on the date of final enactment of this
section, from the city of Motley to the city of Staples, is designated as the
"Dallas Sams Memorial Highway." The commissioner of transportation
shall adopt a suitable design to mark this highway and erect appropriate signs,
subject to section 161.139.
Sec. 7. Minnesota Statutes
2006, section 161.32, subdivision 1, is amended to read:
Subdivision 1. Advertisement for bids. The
commissioner may conduct the work or any part of the work incidental to the
construction and maintenance of the trunk highways by labor employed to do the
work or by contract. In cases of construction work, the commissioner shall
first advertise for bids for contracts, and if no satisfactory bids are
received, may either reject all bids and readvertise, or do the work by labor
employed to do the work. Except as provided in subdivision 3 or 4, when work is
to be done under contract, the commissioner shall advertise for bids once each
week for three successive weeks prior to the date the bids are to be received.
The advertisement for bids must be published in a newspaper or other
periodical of general circulation in the state and may be placed on the
Internet. The plans and specifications for the proposed work must be on file in
the commissioner's office prior to the first call for bids.
Sec. 8. Minnesota Statutes
2006, section 161.32, subdivision 1b, is amended to read:
Subd. 1b. Lowest responsible bidder; electronic bids.
Bidders may submit bids electronically in a form and manner required by the
commissioner; however, the commissioner may require that all bids of
$5,000,000 and over for trunk highway contracts must be submitted
electronically. Notwithstanding section 13.591, subdivision 3, or any other
law or rule to the contrary, bids are not required to be opened and read in
public if the commissioner publishes the public data specified by section
13.591, subdivision 3, on a state Web site immediately after the deadline for
receipt of bids has passed. Bids for federal-aid highway projects must be
conducted in accordance with Code of Federal Regulations, title 23, section
635. Trunk highway construction contracts, including design-build
contracts, must be awarded to the lowest responsible bidder, taking into
consideration conformity with the specifications, the purpose for which the
contract or purchase is intended, the status and capability of the vendor, and
other considerations imposed in the call for bids. The commissioner may decide
which is the lowest responsible bidder
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Day - Wednesday, April 25, 2007 - Top of Page 4355
for all contracts and may use the principles of
life-cycle costing, when appropriate, in determining the lowest overall bid.
Any or all bids may be rejected. When competitive bids are required and all
bids are rejected, new bids, if solicited, must be called for as in the first
instance, unless otherwise provided by law.
Sec. 9. Minnesota Statutes
2006, section 161.32, subdivision 4, is amended to read:
Subd. 4. Trunk highways damaged by spring breakup.
Contracts may be let for the repair and restoration of trunk highways damaged
by spring breakup upon advertisement for bids and publication thereof in a
newspaper or periodical of general circulation for a period of one week
prior to the date such bids are to be received, and upon the mailing of such
advertisements to all contractors who have filed a written request therefor.
Sec. 10. [161.3203] CONTRACTS FOR WORK, SUPPLIES,
OR MATERIALS FOR TRUNK HIGHWAY.
Subdivision 1. Privatization transportation contracts. For purposes of
this section, "privatization transportation contract" means an
enforceable agreement, or combination or series of agreements, by which a
private contractor agrees with the commissioner of transportation to provide
work, supplies, or materials (1) that is incidental to the construction or
improvement of trunk highways, including but not limited to predesign, design,
and preliminary engineering, or (2) for maintenance of trunk highways. A
privatization transportation contract does not include a design-build contract
as defined in section 161.3410, subdivision 3.
Subd. 2. Applicability. This section applies to privatization
transportation contracts in a total amount of $25,000 or more. The requirements
imposed by this section are in addition to, and do not supersede, the
requirements of any other applicable section of law.
Subd. 3. Review of contract costs. (a) Before entering into a
privatization transportation contract, the commissioner of transportation shall
prepare a comprehensive written estimate of the cost of having the same work,
supplies, or materials provided in the most cost-effective manner by agency
employees. The cost estimate must include all costs of having agency employees
provide the work, supplies, or materials, including the cost of pension,
insurance, and other employee benefits. The cost estimate is nonpublic data, as
defined in section 13.02, subdivision 9, until the day after the deadline for
receipt of responses under paragraph (b), when it becomes public data.
(b) After soliciting and
receiving responses, the commissioner shall publicly designate the responder to
which it proposes to award the privatization contract. The commissioner shall
prepare a comprehensive written estimate of the cost of the proposal based on
the designated responder's bid, including the cost of a transition from public
to private provision of the work, any additional unemployment and retirement
benefits resulting from the transfer, and costs associated with monitoring the
proposed contract. If the designated responder proposes to perform any or all
of the desired services outside the state, the commissioner of transportation
shall include in the cost estimate, as nearly as possible, any loss of sales and
income tax revenue to the state. The cost estimate must not include trade
secret data which is classified as nonpublic data under section 13.37,
subdivision 2.
(c) Before entering into a
privatization transportation contract for $250,000 or more, the commissioner
shall determine that:
(1) the cost estimated under
paragraph (b) will be lower than the cost estimated under paragraph (a);
(2) the quality of the work,
supplies, or materials to be provided by the designated responder is likely to
equal or exceed the quality of services that could be provided by Department of
Transportation employees; and
(3) the proposed
privatization contract is in the public interest.
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Subd. 4. Reports. The commissioner shall provide, no later than
September 1, an annual written report to the legislature, in compliance with
sections 3.195 and 3.197, and shall submit the report to the chairs of the
senate and house of representatives committees having jurisdiction over
transportation. The report must list all privatization transportation contracts
within the meaning of this section that were executed or performed, whether
wholly or in part, in the previous fiscal year. The report must identify, with
respect to each contract: the contractor; contract amount; duration; work,
supplies, or materials provided or to be provided; the comprehensive estimate
derived under subdivision 3, paragraph (a); the comprehensive estimate derived
under subdivision 3, paragraph (b); the actual cost to the agency of the
contractor's performance of the contract; and for contracts of at least
$250,000, a statement containing the commissioner's determinations under
subdivision 3, paragraph (c).
Subd. 5. Short title. This section may be cited as the
"Taxpayers' Transportation Accountability Act."
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 11. Minnesota Statutes
2006, section 164.06, subdivision 2, is amended to read:
Subd. 2. Extinguishing interest in abandoned road.
(a) After providing notice under section 366.01, subdivision 8 as
required in paragraph (c), the town board may by resolution disclaim and
extinguish a town interest in a town road without action under subdivision 1
if:
(1) the extinguishment is
found by the town board to be in the public interest;
(2) the interest is not a
fee interest;
(3) the interest was
established more than 25 years earlier;
(4) the interest is not
recorded or filed with the county recorder;
(5) no road improvement has
been constructed on a right-of-way affected by the interest within the last 25
years; and
(6) no road maintenance on a
right-of-way affected by the interest has occurred within the last 25 years.
(b) The resolution shall be
filed with the county auditor and recorded with the county recorder.
(c) Before the meeting on
any resolution to disclaim and extinguish a town interest in a town road under
this subdivision, the town board shall provide notice to affected landowners in
the same manner as a petitioner under section 164.07, subdivision 2. A notice
must also be posted as provided under section 366.01, subdivision 8.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes
2006, section 165.01, is amended to read:
165.01 DEFINITIONS.
Subdivision 1. Scope. For the purposes of this chapter, the terms defined
in this section and section 160.02 shall have the same
meanings given them.
Subd. 2. AASHTO manual. "AASHTO manual" means the Manual
for Condition Evaluation of Bridges, published by the American Association of
State Highway and Transportation Officials.
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Sec. 13. Minnesota Statutes
2006, section 165.03, is amended to read:
165.03 STRENGTH OF BRIDGE; INSPECTION.
Subdivision 1. Standards generally. Each bridge,
including a privately owned bridge, must conform to the strength, width,
clearance, and safety standards imposed by the commissioner for the connecting
highway or street. This subdivision applies to a bridge that is constructed
after August 1, 1989, on any public highway or street. The bridge must have
sufficient strength to support with safety the maximum vehicle weights allowed
under sections 169.822 to 169.829 and must have the minimum width specified in
section 165.04, subdivision 3.
Subd. 1a. Inspection. (a) Each bridge must be inspected annually,
unless a longer interval not to exceed two years for bridges or four years for
bridges classified as culverts is authorized by the commissioner. The
commissioner's authorization must be based on factors including, but not
limited to, the age and condition of the bridge, the rate of deterioration of
the bridge, the type of structure, the susceptibility of the bridge to failure,
and the characteristics of traffic on the bridge. The commissioner may require
interim inspections at intervals of less than one year on bridges that are
posted, bridges subjected to extreme scour conditions, bridges subject to
significant substructure movement or settlement, and for other reasons as
specified or inferred in the AASHTO manual.
(b) The thoroughness of each
inspection depends on such factors as age, traffic characteristics, state of
maintenance, and known deficiencies. The evaluation of these factors is the
responsibility of the engineer assigned the responsibility for inspection as
defined by rule adopted by the commissioner of transportation.
Subd. 2. Inspection and inventory responsibilities;
rules; forms. (a) The commissioner of transportation shall adopt official
inventory and bridge inspection report forms for use in making bridge
inspections by the owners or highway authorities specified by this subdivision.
Bridge Inspections shall must be made at regular
intervals, not to exceed two years for bridges and not to exceed four years
for culverts, by the following owner or official:
(1) the commissioner of
transportation for all bridges located wholly or partially within or over the
right-of-way of a state trunk highway;
(2) the county highway
engineer for all bridges located wholly or partially within or over the
right-of-way of any county or township town road, or any street
within a municipality which that does not have a city engineer
regularly employed;
(3) the city engineer for
all bridges located wholly or partially within or over the right-of-way of any
street located within or along municipal limits;
(4) the commissioner of
transportation in case of a toll bridge that is used by the general public and
that is not inspected and certified under subdivision 6; provided, that the
commissioner of transportation may assess the owner for the costs of such
the inspection;
(5) the owner of a bridge
over a public highway or street or that carries a roadway designated for public
use by a public authority, if not required to be inventoried and inspected
under clause (1), (2), (3), or (4).
(b) The commissioner of
transportation shall prescribe the standards for bridge inspection and
inventory by rules. The owner or highway authority shall inspect and inventory
in accordance with these standards and furnish the commissioner with such data
as may be necessary to maintain a central inventory.
Subd. 3. County inventory and inspection records and
reports. The county engineer shall maintain a complete inventory record of
all bridges as set forth in subdivision 2, paragraph (a), clause (2),
with the inspection reports thereof, and shall certify annually to the
commissioner, as prescribed by the commissioner, that inspections
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have been made at regular
intervals, not to exceed two years for bridges and not to exceed four
years for culverts. A report of the inspections shall must be
filed annually, on or before February 15 of each year, with the county auditor
or town clerk, or the governing body of the municipality. The report shall
must contain recommendations for the correction of, or legal posting
of load limits on any bridge or structure that is found to be understrength or
unsafe.
Subd. 4. Municipal inventory and inspection records
and reports. The city engineer shall maintain a complete inventory record
of all bridges as set forth in subdivision 2, paragraph (a), clause (3),
with the inspection reports thereof, and shall certify annually to the
commissioner, as prescribed by the commissioner, that inspections have been
made at regular intervals, not to exceed two years for bridges and
not to exceed four years for culverts. A report of the inspections shall
must be filed annually, on or before February 15 of each year, with the
governing body of the municipality. The report shall must contain
recommendations for the correction of, or legal posting of load limits
on any bridge or structure that is found to be understrength or unsafe.
Subd. 5. Agreement. Agreements may be made among
the various units of governments, or between governmental units and qualified
engineering personnel to carry out the responsibilities for the bridge
inspections and reports, as established by subdivision 2.
Subd. 6. Other bridges. The owner of a toll
bridge and the owner of a bridge described in subdivision 2, paragraph (a), clause
(5), shall certify to the commissioner, as prescribed by the commissioner, that
inspections of the bridge have been made at regular intervals, not to
exceed two years for bridges and not to exceed four years for culverts.
The certification shall must be accompanied by a report of the
inspection. The report shall must contain recommendations for the
correction of or legal posting of load limitations if the bridge is found to be
understrength or unsafe.
Subd. 7. Department of Natural Resources bridge.
(a) Notwithstanding subdivision 2, the commissioners of transportation and
natural resources shall negotiate a memorandum of understanding that governs
the inspection of bridges owned, operated, or maintained by the commissioner of
natural resources.
(b) The memorandum of
understanding must provide for:
(1) the inspection and
inventory of bridges subject to federal law or regulations;
(2) the frequency of
inspection of bridges described in paragraph (a); and
(3) who may perform
inspections required under the memorandum of understanding.
Sec. 14. Minnesota Statutes
2006, section 168.011, subdivision 22, is amended to read:
Subd. 22. Special mobile equipment. "Special
mobile equipment" means every vehicle not designed or used primarily for
the transportation of persons or property and only incidentally operated or
moved over a highway, including but not limited to: ditch-digging apparatuses,
moving dollies, pump hoists and other water well-drilling equipment registered
under chapter 103I, vehicle-mounted concrete pumps with or without placement
booms, street-sweeping vehicles, and other machinery such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other than
truck-tractors, ditchers, leveling graders, finishing machines, motor graders,
road rollers, scarifiers, truck-mounted log loaders, earth-moving carryalls,
scrapers, power shovels, draglines, self-propelled cranes, and earth-moving
equipment. The term does not include travel trailers, dump trucks,
truck-mounted transit mixers, truck-mounted feed grinders, or other motor
vehicles designed for the transportation of persons or property to which
machinery has been attached.
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Sec. 15. Minnesota Statutes
2006, section 168A.01, is amended by adding a subdivision to read:
Subd. 1a. Commissioner. "Commissioner" means the
commissioner of public safety.
Sec. 16. Minnesota Statutes
2006, section 168A.05, subdivision 3, is amended to read:
Subd. 3. Content of certificate. Each
certificate of title issued by the department shall contain:
(1) the date issued;
(2) the first, middle, and
last names, and the dates of birth, and addresses of all
owners who are natural persons, and the full names and addresses
of all other owners;
(3) the residence address
of the owner listed first if that owner is a natural person or the address if
that owner is not a natural person;
(4) the names and addresses
of any secured parties, and the address of the first secured party, listed in
the order of priority (i) as shown on the application, or (ii) if
the application is based on a certificate of title, as shown on the
certificate, or (iii) as otherwise determined by the department;
(4) (5) any liens filed pursuant to
a court order or by a public agency responsible for child support enforcement
against the owner;
(5) (6) the title number assigned
to the vehicle;
(6) (7) a description of the
vehicle including, so far as the following data exists, its make, model, year,
identifying number, type of body, whether new or used, and if a new vehicle,
the date of the first sale of the vehicle for use;
(7) (8) with respect to a
motor vehicles vehicle subject to the provisions of
section 325E.15, (i) the true cumulative mileage registered on the
odometer or (ii) that the actual mileage is unknown if the odometer
reading is known by the owner to be different from the true mileage;
(8) (9) with respect to vehicles
a vehicle subject to sections 325F.6641 and 325F.6642, the appropriate term
"flood damaged," "rebuilt," "prior salvage," or
"reconstructed";
(9) (10) with respect to a vehicle
contaminated by methamphetamine production, if the registrar has received the
certificate of title and notice described in section 152.0275, subdivision 2,
paragraph (g), the term "hazardous waste contaminated vehicle"; and
(10) (11) with respect to a
vehicle subject to section 325F.665, the term "lemon law vehicle";
and
(12) any other data the
department prescribes.
Sec. 17. Minnesota Statutes
2006, section 168A.05, subdivision 5, is amended to read:
Subd. 5. Forms. (a) The certificate of title
shall contain forms:
(1) for assignment and
warranty of title by the owner;
(2) for assignment and
warranty of title by a dealer;
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(3) to apply for a
certificate of title by a transferee;
(4) to name a secured party;
and
(5) to make the disclosure
required by section 325F.6641.
(b) The certificate of title
must also include a separate detachable postcard form entitled
"Notice of Sale" that contains, but is not limited to, the vehicle's
title number and vehicle identification number. The postcard form
must include sufficient space for the owner to record the purchaser's name,
address, and driver's license number, if any, and the date of sale. The notice
of sale must include clear instructions regarding the owner's responsibility to
complete and return the form, or to transmit the required information
electronically in a form acceptable to the commissioner, pursuant to section
168A.10, subdivision 1.
Sec. 18. Minnesota Statutes
2006, section 168A.10, subdivision 1, is amended to read:
Subdivision 1. Assignment and warranty of title; mileage;
notice of sale. If an owner transfers interest in a vehicle other than by
the creation of a security interest, the owner shall at the time of the
delivery of the vehicle execute an assignment and warranty of title to the
transferee and shall state the actual selling price in the space provided on
the certificate. Within ten days of the date of sale, other than a sale by or
to a licensed motor vehicle dealer, the owner shall: (1) complete, detach, and
return to the department the postcard form on the certificate
entitled "Notice of Sale," if one is provided, including the
transferee's name, address, and driver's license number, if any, and the date of
sale; or (2) transmit this information electronically in a form acceptable to
the commissioner. With respect to motor vehicles subject to the provisions of
section 325E.15, the transferor shall also, in the space provided therefor on
the certificate, state the true cumulative mileage registered on the odometer
or that the actual mileage is unknown if the odometer reading is known by the
transferor to be different from the true mileage. The transferor shall cause
the certificate and assignment to be delivered to the transferee immediately.
Sec. 19. Minnesota Statutes
2006, section 168A.101, is amended to read:
168A.101 CANCELLATION OF MOTOR VEHICLE SALE.
Subdivision 1. Required documentation. If the parties
cancel a purchase of a motor vehicle after the transfer of interest, they must
submit within 90 days of the original purchase date the following items:
(1) the outstanding
certificate of title with proper assignment; and a written claim for
refund;
(2) an affidavit correcting
ownership signed by the parties.; and
(3) the outstanding
certificate of title, if available, with proper assignment.
Subd. 2. Refunds. A party may be eligible for a
refund of taxes and fees paid pursuant to chapter 297B only if
the items indicated in subdivision 1 are submitted within the 90-day time frame
unless otherwise provided by law. No other taxes or fees paid may be
refunded due to the cancellation of a motor vehicle sale.
Sec. 20. Minnesota Statutes
2006, section 168A.151, subdivision 1, is amended to read:
Subdivision 1. Salvage titles. (a) When an insurer,
licensed to conduct business in Minnesota, acquires ownership of a late-model
or high-value vehicle through payment of damages, the insurer shall immediately
apply for a salvage certificate of title or shall stamp the existing
certificate of title with the legend "SALVAGE CERTIFICATE OF TITLE"
in a manner prescribed by the department. Within 48 hours of taking possession
of a vehicle through payment of damages, an insurer must notify the department
in a manner prescribed by the department.
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(b) Any person who
acquires a damaged motor vehicle with an out-of-state title and the cost of
repairs exceeds the value of the damaged vehicle or a motor vehicle with an
out-of-state salvage title or certificate, as proof of ownership, shall
immediately apply for a salvage certificate of title. A person shall
immediately apply for a salvage certificate of title if the person acquires a
damaged late-model or high-value motor vehicle with an out-of-state title, and
the vehicle:
(1) is a vehicle that was
acquired by an insurer through payment of damages;
(2) is a vehicle for which
the cost of repairs exceeds the value of the damaged vehicle; or
(3) has an out-of-state
salvage certificate of title as proof of ownership.
(c) A self-insured owner of a
late-model or high-value vehicle who sustains damage by collision or other
occurrence which exceeds 70 percent of its actual cash value shall immediately
apply for a salvage certificate of title. Damage, for the purpose of this
calculation, does not include the actual cost incurred to repair, replace, or
reinstall inflatable safety restraints and other vehicle components that must
be replaced due to the deployment of the inflatable safety restraints.
Sec. 21. Minnesota Statutes
2006, section 168A.153, is amended to read:
168A.153 REPORT OF VEHICLE RECEIPT; SURRENDER OF CERTIFICATE.
Subdivision 1. Older model vehicle. A dealer who buys
an older model vehicle to be dismantled or destroyed shall report to the
department within 30 days including the vehicle's license plate number and
identification number, and the seller's name and driver's license number.
Subd. 2. Late-model or high-value vehicle. A
dealer who buys a late-model or high-value vehicle to be dismantled or
destroyed shall notify the secured party, if any, and then surrender the
certificate of title and a properly completed application for a salvage
certificate of title to the department within ten days the commissioner
in the manner prescribed in subdivision 3. The dealer must then properly
destroy the certificate of title.
Subd. 3. Notification on vehicle to be dismantled or destroyed; service fee.
Within the time frames prescribed in subdivisions 1 and 2 of acquiring a
vehicle titled and registered in Minnesota, a dealer shall notify the registrar
that the dealership purchased the vehicle to be dismantled or destroyed. The
notification must be made electronically as prescribed by the registrar. The
dealer may contract this service to a deputy registrar and the registrar may
charge a fee not to exceed $7 per transaction to provide this service.
Sec. 22. Minnesota Statutes
2006, section 169.01, subdivision 4c, is amended to read:
Subd. 4c. Motorized foot scooter. "Motorized
foot scooter" means a device with handlebars designed to be stood or sat
upon by the operator, and powered by an internal combustion engine or electric
motor that is capable of propelling the device with or without human propulsion,
and that has either (1) no more than two ten-inch 12-inch
or smaller diameter wheels or (2) and has an engine or motor that
is capable of a maximum speed of 15 miles per hour on a flat surface with not
more than one percent grade in any direction when the motor is engaged. An
electric personal assistive mobility device, a motorized bicycle, an
electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.
Sec. 23. Minnesota Statutes
2006, section 169.01, subdivision 19, is amended to read:
Subd. 19. Explosives. "Explosives" means
any chemical compound or mechanical mixture that is commonly used or intended
for the purpose of producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions, quantities, or
packing that an ignition by fire, by friction, by concussion, by
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percussion, or by detonator of any part of the
compound or mixture may cause such a sudden generation of highly heated gases
that the resultant gaseous pressures are capable of producing destructible
effects on contiguous objects or of destroying life or limb has the meaning given in
Code of Federal Regulations, title 49, section 173.50.
Sec. 24. Minnesota Statutes
2006, section 169.01, subdivision 20, is amended to read:
Subd. 20. Flammable liquid. "Flammable
liquid" means any liquid which has a flash point of 70 degrees
Fahrenheit, or less, as determined by a tagliabue or equivalent closed cup test
device has the meaning given in Code of Federal Regulations, title 49,
section 173.120.
Sec. 25. Minnesota Statutes
2006, section 169.01, is amended by adding a subdivision to read:
Subd. 92. Valid license; valid driver's license. "Valid license,"
"valid driver's license," "valid Minnesota driver's
license," "valid standard driver's license," or other similar
term, has the meaning given in section 171.01, subdivision 49a.
Sec. 26. Minnesota Statutes
2006, section 169.06, subdivision 5, is amended to read:
Subd. 5. Traffic-control signal. (a) Whenever
traffic is controlled by traffic-control signals exhibiting different colored
lights, or colored lighted arrows, successively one at a time or in
combination, only the colors Green, Red, and Yellow shall be used, except for
special pedestrian signals carrying a word or legend. The traffic-control
signal lights or colored lighted arrows indicate and apply to drivers of
vehicles and pedestrians as follows:
(1) Green indication:
(i) Vehicular traffic facing
a circular green signal may proceed straight through or turn right or left
unless a sign at such place prohibits either turn. But vehicular traffic,
including vehicles turning right or left, shall yield the right-of-way to other
vehicles and to pedestrians lawfully within the intersection or adjacent
crosswalk at the time this signal is exhibited.
(ii) Vehicular traffic
facing a green arrow signal, shown alone or in combination with another
indication, may cautiously enter the intersection only to make the movement
indicated by the arrow, or other movement as permitted by other indications
shown at the same time. Such vehicular traffic shall yield the right-of-way to
pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully
using the intersection.
(iii) Unless otherwise
directed by a pedestrian-control signal as provided in subdivision 6,
pedestrians facing any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any marked or unmarked
crosswalk. Every driver of a vehicle shall yield the right-of-way to such
pedestrian, except that the pedestrian shall yield the right-of-way to vehicles
lawfully within the intersection at the time that the green signal indication
is first shown.
(2) Steady yellow
indication:
(i) Vehicular traffic facing
a steady circular yellow or yellow arrow signal is thereby warned
that the related green movement is being terminated or that a red indication
will be exhibited immediately thereafter when vehicular traffic must not enter
the intersection, except for the continued movement allowed by any green arrow
indication simultaneously exhibited.
(ii) Pedestrians facing a
circular yellow signal, unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no
pedestrian shall then start to cross the roadway.
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(iii) Vehicular traffic
facing a steady yellow arrow signal is thereby warned that the protected
vehicular movement permitted by the corresponding prior green arrow indication
is being terminated.
(3) Steady red indication:
(i) Vehicular traffic facing
a circular red signal alone must stop at a clearly marked stop line but, if
none, before entering the crosswalk on the near side of the intersection or, if
none, then before entering the intersection and shall remain standing until a green
indication is shown, except as follows: (A) the driver of a vehicle stopped as
close as practicable at the entrance to the crosswalk on the near side of the
intersection or, if none, then at the entrance to the intersection in obedience
to a red or stop signal, and with the intention of making a right turn may make
the right turn, after stopping, unless an official sign has been erected
prohibiting such movement, but shall yield the right-of-way to pedestrians and
other traffic lawfully proceeding as directed by the signal at that
intersection; or (B) the driver of a vehicle on a one-way street intersecting
another one-way street on which traffic moves to the left shall stop in
obedience to a red or stop signal and may then make a left turn into the one-way
street, unless an official sign has been erected prohibiting the movement, but
shall yield the right-of-way to pedestrians and other traffic lawfully
proceeding as directed by the signal at that intersection.
(ii) Unless otherwise
directed by a pedestrian-control signal as provided in subdivision 6,
pedestrians facing a steady red signal alone shall not enter the roadway.
(iii) Vehicular traffic
facing a steady red arrow signal, with the intention of making a movement
indicated by the arrow, must stop at a clearly marked stop line but, if none,
before entering the crosswalk on the near side of the intersection or, if none,
then before entering the intersection and must remain standing until a
permissive signal indication permitting the movement indicated by the red arrow
is displayed, except as follows: when an official sign has been erected
permitting a turn on a red arrow signal, the vehicular traffic facing a red
arrow signal indication is permitted to enter the intersection to turn right,
or to turn left from a one-way street into a one-way street on which traffic
moves to the left, after stopping, but must yield the right-of-way to
pedestrians and other traffic lawfully proceeding as directed by the signal at
that intersection.
(b) In the event an official
traffic-control signal is erected and maintained at a place other than an
intersection, the provisions of this section are applicable except those which
can have no application. Any stop required must be made at a sign or marking on
the pavement indicating where the stop must be made, but in the absence of any
such sign or marking the stop must be made at the signal.
(c) When a traffic-control
signal indication or indications placed to control a certain movement or lane
are so identified by placing a sign near the indication or indications, no
other traffic-control signal indication or indications within the intersection
controls vehicular traffic for that movement or lane.
Sec. 27. Minnesota Statutes
2006, section 169.14, subdivision 2, is amended to read:
Subd. 2. Speed limits. (a) Where no special
hazard exists the following speeds shall be lawful, but any speeds in excess of
such limits shall be prima facie evidence that the speed is not reasonable or
prudent and that it is unlawful; except that the speed limit within any
municipality shall be a maximum limit and any speed in excess thereof shall be
unlawful:
(1) 30 miles per hour in an
urban district or on a town road in a rural residential district;
(2) 65 miles per hour on
noninterstate expressways, as defined in section 160.02, subdivision 18a,
and noninterstate freeways and expressways, as defined in section
160.02, subdivision 19;
(3) 55 miles per hour in
locations other than those specified in this section;
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(4) 70 miles per hour on
interstate highways outside the limits of any urbanized area with a population
of greater than 50,000 as defined by order of the commissioner of
transportation;
(5) 65 miles per hour on
interstate highways inside the limits of any urbanized area with a population
of greater than 50,000 as defined by order of the commissioner of
transportation;
(6) ten miles per hour in
alleys; and
(7) 25 miles per hour in
residential roadways if adopted by the road authority having jurisdiction over
the residential roadway.
(b) A speed limit adopted
under paragraph (a), clause (7), is not effective unless the road authority has
erected signs designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.
(c) For purposes of this
subdivision, "rural residential district" means the territory
contiguous to and including any town road within a subdivision or plat of land
that is built up with dwelling houses at intervals of less than 300 feet for a
distance of one-quarter mile or more.
(d) Notwithstanding section
609.0331 or 609.101 or other law to the contrary, a person who violates a speed
limit established in this subdivision, or a speed limit designated on an
appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles per
hour or more in excess of the applicable speed limit, is assessed an additional
surcharge equal to the amount of the fine imposed for the speed violation, but
not less than $25.
Sec. 28. Minnesota Statutes
2006, section 169.34, is amended to read:
169.34 PROHIBITIONS; STOPPING, PARKING.
Subdivision 1. Prohibitions. (a) No person shall stop, stand, or park a
vehicle, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic-control device,
in any of the following places:
(1) on a sidewalk;
(2) in front of a public or
private driveway;
(3) within an intersection;
(4) within ten feet of a
fire hydrant;
(5) on a crosswalk;
(6) within 20 feet of a
crosswalk at an intersection;
(7) within 30 feet upon the
approach to any flashing beacon, stop sign, or traffic-control signal located
at the side of a roadway;
(8) between a safety zone
and the adjacent curb or within 30 feet of points on the curb immediately
opposite the ends of a safety zone, unless a different length is indicated by
signs or markings;
(9) within 50 feet of the
nearest rail of a railroad crossing;
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(10) within 20 feet of the
driveway entrance to any fire station and on the side of a street opposite the
entrance to any fire station within 75 feet of said entrance when properly
signposted;
(11) alongside or opposite
any street excavation or obstruction when such stopping, standing, or parking
would obstruct traffic;
(12) on the roadway side of
any vehicle stopped or parked at the edge or curb of a street;
(13) upon any bridge or
other elevated structure upon a highway or within a highway tunnel, except as
otherwise provided by ordinance;
(14) at any place where
official signs prohibit stopping.
(b) No person shall move a
vehicle not owned by such person into any prohibited area or away from a curb
such distance as is unlawful.
(c) No person shall, for
camping purposes, leave or park a travel trailer on or within the limits of any
highway or on any highway right-of-way, except where signs are erected
designating the place as a campsite.
(d) No person shall stop or
park a vehicle on a street or highway when directed or ordered to proceed by
any peace officer invested by law with authority to direct, control, or
regulate traffic.
Subd. 2. Violation; penalty for owner or lessee. (a) If a motor
vehicle is stopped, standing, or parked in violation of subdivision 1, the
owner of the vehicle, or for a leased motor vehicle the lessee of the vehicle,
is guilty of a petty misdemeanor.
(b) The owner or lessee may
not be fined under paragraph (a) if (1) another person is convicted for, or
pleads guilty to, that violation, or (2) the motor vehicle was stolen at the
time of the violation.
(c) Paragraph (a) does not
apply to a lessor of a motor vehicle if the lessor keeps a record of the name
and address of the lessee.
(d)
Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle
operator for violating subdivision 1.
(e) A violation under
paragraph (a) does not constitute grounds for revocation or suspension of the
owner's or lessee's driver's license.
Sec. 29. Minnesota Statutes
2006, section 169.471, subdivision 1, is amended to read:
Subdivision 1. Television screen in vehicle. No
television screen shall be installed or used in any motor vehicle where it is
visible to the driver while operating the motor vehicle except:
(1) video screens installed
in law enforcement vehicles;
(2) closed-circuit video
systems used exclusively to aid the driver's visibility to the front,
rear, or sides of the vehicle; and
(3) video screens installed
as part of a vehicle control system or used in intelligent vehicle highway
applications.
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Sec. 30. Minnesota Statutes
2006, section 171.01, is amended by adding a subdivision to read:
Subd. 49a. Valid license; valid driver's license. "Valid
license," "valid driver's license," "valid Minnesota
driver's license," "valid standard driver's license," or other
similar term, means any operator's license, provisional license, temporary
license, limited license, permit, or other license to operate a motor vehicle
issued or issuable under the laws of this state by the commissioner, or by
another state or jurisdiction if specified, that is (1) not expired, suspended,
revoked, or canceled, and (2) not disqualified for the class of vehicle being
operated.
Sec. 31. Minnesota Statutes
2006, section 171.02, subdivision 1, is amended to read:
Subdivision 1. License required; duplicate identification
restricted. (a) Except when expressly exempted, a person shall not
drive a motor vehicle upon a street or highway in this state unless the person
has a license valid license under this chapter for the type or
class of vehicle being driven.
(b) The department shall not
issue a driver's license to a person unless and until the person's license from
any jurisdiction has been invalidated. The department shall provide to the
issuing department of any jurisdiction, information that the licensee is now
licensed in Minnesota. A person is not permitted to have more than one valid
driver's license at any time. The department shall not issue to a person to
whom a current Minnesota identification card has been issued a driver's
license, other than a limited license, unless the person's Minnesota identification
card has been invalidated. This subdivision does not require invalidation of a
tribal identification card as a condition of receiving a driver's license.
Sec. 32. Minnesota Statutes
2006, section 171.06, subdivision 3, is amended to read:
Subd. 3. Contents of application; other information.
(a) An application must:
(1) state the full name,
date of birth, sex, and either (i) the residence address of the
applicant, or (ii) the designated address under section 5B.05;
(2) as may be required by
the commissioner, contain a description of the applicant and any other facts
pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social
Security number; or
(ii) if the applicant does
not have a social security number and is applying for a Minnesota
identification card, instruction permit, or class D provisional or driver's
license, that the applicant certifies that the applicant does not have a Social
Security number;
(4) contain a space where
the applicant may indicate a desire to make an anatomical gift according to
paragraph (b); and
(5) contain a notification
to the applicant of the availability of a living will/health care directive
designation on the license under section 171.07, subdivision 7.
(b) If the applicant does
not indicate a desire to make an anatomical gift when the application is made,
the applicant must be offered a donor document in accordance with section
171.07, subdivision 5. The application must contain statements sufficient
to comply with the requirements of the Uniform Anatomical Gift Act (1987),
sections 525.921 to 525.9224, so that execution of the application or donor
document will make the anatomical gift as provided in section 171.07,
subdivision 5, for those indicating a desire to make an anatomical gift. The
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application must be
accompanied by information describing Minnesota laws regarding anatomical gifts
and the need for and benefits of anatomical gifts, and the legal implications
of making an anatomical gift, including the law governing revocation of
anatomical gifts. The commissioner shall distribute a notice that must
accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a
Minnesota organ procurement organization that is certified by the federal
Department of Health and Human Services and must include:
(1) a statement that
provides a fair and reasonable description of the organ donation process, the
care of the donor body after death, and the importance of informing family
members of the donation decision; and
(2) a telephone number in a
certified Minnesota organ procurement organization that may be called with
respect to questions regarding anatomical gifts.
(c) The application must be
accompanied also by information containing relevant facts relating to:
(1) the effect of alcohol on
driving ability;
(2) the effect of mixing
alcohol with drugs;
(3) the laws of Minnesota
relating to operation of a motor vehicle while under the influence of alcohol
or a controlled substance; and
(4) the levels of
alcohol-related fatalities and accidents in Minnesota and of arrests for
alcohol-related violations.
Sec. 33. Minnesota Statutes
2006, section 171.07, subdivision 1, is amended to read:
Subdivision 1. License; contents. (a) Upon the payment
of the required fee, the department shall issue to every qualifying applicant a
license designating the type or class of vehicles the applicant is authorized
to drive as applied for. This license must bear a distinguishing number
assigned to the licensee; the licensee's full name, and date of
birth, and; either (1) the licensee's residence address, or
(2) the designated address under section 5B.05; the license class,
endorsements, and restrictions imposed, if any; a description of the
licensee in a manner as the commissioner deems necessary; and the usual signature
of the licensee. No license is valid unless it bears the usual signature of the
licensee. Every license must bear a colored photograph or an electronically
produced image of the licensee.
(b) If the United States
Postal Service will not deliver mail to the applicant's residence address as
listed on the license, then the applicant shall provide verification from the
United States Postal Service that mail will not be delivered to the applicant's
residence address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate mailing address under
this subdivision, the commissioner shall use the alternate mailing address in
lieu of the applicant's residence address for all notices and mailings to the applicant.
(c) Every license issued to
an applicant under the age of 21 must be of a distinguishing color and plainly
marked "Under-21."
(d) The department shall use
processes in issuing a license that prohibit, as nearly as possible, the
ability to alter or reproduce a license, or prohibit the ability to superimpose
a photograph or electronically produced image on a license, without ready
detection.
(e) A license issued to an
applicant age 65 or over must be plainly marked "senior" if requested
by the applicant.
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Sec. 34. Minnesota Statutes
2006, section 171.07, subdivision 3, is amended to read:
Subd. 3. Identification card; fee. (a) Upon
payment of the required fee, the department shall issue to every qualifying
applicant a Minnesota identification card. The department may not issue a
Minnesota identification card to an individual who has a driver's license,
other than a limited license. The card must bear a distinguishing number
assigned to the applicant; a colored photograph or an electronically produced
image of the applicant; the applicant's full name, and date of
birth, and; either (1) the licensee's residence address, or
(2) the designated address under section 5B.05; a description of the
applicant in the manner as the commissioner deems necessary; and the usual
signature of the applicant.
(b) If the United States
Postal Service will not deliver mail to the applicant's residence address as
listed on the Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail will not be
delivered to the applicant's residence address and that mail will be delivered
to a specified alternate mailing address. When an applicant provides an
alternate mailing address under this subdivision, the commissioner shall use
the alternate mailing address in lieu of the applicant's residence address for
all notices and mailings to the applicant.
(c) Each identification card
issued to an applicant under the age of 21 must be of a distinguishing color
and plainly marked "Under-21."
(d) Each Minnesota
identification card must be plainly marked "Minnesota identification card
- not a driver's license."
(e) The fee for a Minnesota
identification card is 50 cents when issued to a person who is developmentally
disabled, as defined in section 252A.02, subdivision 2; a physically disabled
person, as defined in section 169.345, subdivision 2; or, a person with mental
illness, as described in section 245.462, subdivision 20, paragraph (c).
Sec. 35. Minnesota Statutes
2006, section 171.14, is amended to read:
171.14 CANCELLATION.
(a) The commissioner shall
have authority to may cancel any driver's license upon determination
that (1) the licensee was not entitled to the issuance thereof
hereunder, or that of the license, (2) the licensee failed to give
the required or correct information in the application, or (3) the
licensee committed any fraud or deceit in making such the
application. The commissioner may also cancel the driver's license of any,
or (4) the person who, at the time of the cancellation, would not
have been entitled to receive a license under the provisions of section
171.04.
(b) The commissioner shall
cancel the driver's license of a person described in paragraph (a), clause (3),
for 60 days or until the required or correct information has been provided,
whichever is longer.
Sec. 36. Minnesota Statutes
2006, section 174.01, subdivision 2, is amended to read:
Subd. 2. Transportation goals. The goals of the
state transportation system are as follows:
(1) to provide safe
transportation for users throughout the state;
(2) to provide multimodal
and intermodal transportation that enhances mobility and economic development
and provides access to all persons and businesses in Minnesota while ensuring
that there is no undue burden placed on any community;
(3) to provide a reasonable
travel time for commuters;
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(4) to provide for the
economical, efficient, and safe movement of goods to and from markets by rail,
highway, and waterway;
(5) to encourage tourism by
providing appropriate transportation to Minnesota facilities designed to
attract tourists;
(6) to provide transit
services throughout the state to meet the needs of transit users;
(7) to promote productivity
through system management and the utilization of technological advancements;
(8) to maximize the long-term
benefits received for each state transportation investment;
(9) to provide funding for
transportation that, at a minimum, preserves the transportation infrastructure;
(10) to ensure that the
planning and implementation of all modes of transportation are consistent with
the environmental and energy goals of the state;
(11) to promote and increase
the use of high-occupancy vehicle use vehicles and
low-emission vehicles;
(12) to provide an air
transportation system sufficient to encourage economic growth and allow all
regions of the state the ability to participate in the global economy;
(13) to increase transit use
in the urban areas statewide by giving highest priority to the
transportation modes with the greatest people-moving capacity and
lowest long-term economic and environmental cost; and
(14) to promote and increase
bicycling as an energy-efficient, nonpolluting, and healthful form of transportation
alternative.;
(15) to reduce greenhouse
gas emissions from the state's transportation sector; and
(16) accomplish these goals
with minimal impact on the environment.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 37. Minnesota Statutes
2006, section 174.02, subdivision 1a, is amended to read:
Subd. 1a. Mission; efficiency; legislative report,
recommendations. It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or
unnecessary spending of public money;
(2) use innovative fiscal
and human resource practices to manage the state's resources and operate the
department as efficiently as possible;
(3) minimize the
degradation of air and water quality;
(4) coordinate the department's
activities wherever appropriate with the activities of other governmental
agencies;
(4) (5) use technology where
appropriate to increase agency productivity, improve customer service, increase
public access to information about government, and increase public
participation in the business of government;
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(5) (6) utilize constructive and
cooperative labor-management practices to the extent otherwise required by
chapters 43A and 179A;
(6) (7) report to the legislature
on the performance of agency operations and the accomplishment of agency goals
in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) (8) recommend to the
legislature appropriate changes in law necessary to carry out the mission and
improve the performance of the department.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 38. 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, to lessen adverse
environmental impacts of the transportation sector, 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 including
bicycle commutation and recreation and provide for the interconnection and
coordination of different modes of transportation. The commissioner shall
evaluate alternative all 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;
(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. 39. Minnesota Statutes
2006, section 174.03, is amended by adding a subdivision to read:
Subd. 10. Highway construction training. (a) The commissioner of
transportation shall utilize, to the maximum amount feasible, federal funds
available to this state under United States Code, title 23, section 140,
paragraph (b), to develop, conduct, and administer highway construction
training, including skill improvement programs.
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(b) The commissioner of
transportation must report by February 1 of each odd-numbered year to the house
of representatives and senate committees having jurisdiction over
transportation policy and finance concerning the commissioner's compliance with
paragraph (a). The report must, with respect to each of the two previous
calendar years:
(1) describe the highway
construction training and skill improvement programs the commissioner has
conducted and administered;
(2) analyze the results of
the commissioner's training programs;
(3) state the amount of
federal funds available to this state under United States Code, title 23,
section 140, paragraph (b); and
(4) identify the amount
spent by the commissioner in conducting and administering the programs.
Sec. 40. Minnesota Statutes
2006, section 174.03, is amended by adding a subdivision to read:
Subd. 11. Disadvantaged business enterprise program. (a) The
commissioner shall include in each contract that is funded at least in part by
federal funds, sanctions for each contractor who does not meet the established
project disadvantaged business enterprise goal or demonstrate good faith effort
to meet the goal.
(b) The commissioner of
transportation shall report by February 1 of each odd-numbered year to the
house of representatives and senate committees having jurisdiction over
transportation policy and finance concerning the commissioner's disadvantaged
business enterprise program. The report must, with respect to each of the two
previous calendar years:
(1) state the department's
annual overall goal, compared with the percentage attained;
(2) explain the methodology,
applicable facts, and public participation used to establish the overall goal;
(3) describe good faith
efforts to meet the goal, if the goal was not attained;
(4) describe actions to
address overconcentration of disadvantaged business enterprises in certain
types of work;
(5) state the number of
contracts that included disadvantaged business enterprise goals, the number of
contractors that met established disadvantaged business enterprise goals, and
sanctions imposed for lack of good faith effort; and
(6) describe contracts with
no disadvantaged business enterprise goals, and, of those, state number of
contracts and amount of each contract with targeted groups under section 16C.16.
Sec. 41. [174.56] REPORT ON MAJOR HIGHWAY
PROJECTS.
Subdivision 1. Report required. The commissioner of transportation shall
submit a report on January 15, 2008, and on
January 15 of each year thereafter, on the status of major highway projects
under construction or planned during the year of the report and for the ensuing
15 years. For purposes of this section, a "major highway project" is
a highway project that has a total cost for all segments that the commissioner
estimates at the time of the report to be at least (1) $25,000,000 in
the metropolitan highway construction district, or (2) $10,000,000 in any
nonmetropolitan highway construction district.
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Subd. 2. Report contents. For each major highway project the
report must include:
(1) a description of the
project sufficient to specify its scope and location;
(2) a history of the
project, including, but not limited to, previous official actions by the
department or the appropriate area transportation partnership, or both, the
date on which the project was first included in the state transportation
improvement plan, the cost of the project at that time, the dates of
environmental approval, the dates of municipal approval, the date of final
geometric layout, and the date of establishment of any construction limits;
(3) the project's priority
listing or rank within its construction district, if any, as well as the
reasons for that listing or rank, the criteria used in prioritization or rank,
any changes in that prioritization or rank since the project was first included
in a department work plan, and the reasons for those changes; and
(4) past and potential
future reasons for delay in letting or completing the project.
Sec. 42. Minnesota Statutes
2006, section 222.50, subdivision 7, is amended to read:
Subd. 7. Expenditures. (a) The commissioner may
expend money from the rail service improvement account for the following
purposes:
(1) to make transfers as
provided under section 222.57 or to pay interest adjustments on loans
guaranteed under the state rail user and rail carrier loan guarantee program;
(2) to pay a portion of the
costs of capital improvement projects designed to improve rail service including
construction or improvement of short segments of rail line such as side track,
team track, and connections between existing lines, and construction and
improvement of loading, unloading, storage, and transfer facilities of a
rail user or a rail carrier;
(3) to pay a portion of
the costs of rehabilitation projects designed to improve rail service of a rail
user or a rail carrier;
(4) to acquire, maintain,
manage, and dispose of railroad right-of-way pursuant to the state rail bank
program;
(4) (5) to provide for
aerial photography survey of proposed and abandoned railroad tracks for the
purpose of recording and reestablishing by analytical triangulation the
existing alignment of the inplace track;
(5) (6) to pay a portion
of the costs of acquiring a rail line by a regional railroad authority
established pursuant to chapter 398A;
(6) (7) to pay the state
matching portion of federal grants for rail-highway grade crossing improvement
projects.
(b) All money derived by the
commissioner from the disposition of railroad right-of-way or of any other
property acquired pursuant to sections 222.46 to 222.62 shall be deposited in
the rail service improvement account.
Sec. 43. Minnesota Statutes
2006, section 222.63, subdivision 4, is amended to read:
Subd. 4. Disposition permitted. (a) The
commissioner may lease any rail line or right-of-way held in the state rail
bank or enter into an agreement with any person for the operation of any rail
line or right-of-way for any of the purposes set forth in subdivision 2 in
accordance with a fee schedule to be developed by the commissioner.
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(b) The commissioner may
convey any rail line or right-of-way, for consideration or for no consideration
and upon other terms as the commissioner may determine to be in the public
interest, to any other state agency or to a governmental subdivision of the
state having power by law to utilize it for any of the purposes set forth in
subdivision 2.
(c) The commissioner may
convey a portion of previously acquired rail bank right-of-way to a state
agency or governmental subdivision when the commissioner determines that:
(1) the portion to be
conveyed is in excess of that needed for the purposes stated in subdivision 2;
(2) the conveyance is upon
terms and conditions agreed upon by both the commissioner and the state agency
or governmental subdivision;
(3) after the sale, the rail
bank corridor will continue to meet the future public and commercial
transportation and transmission needs of the state; and
(4) the conveyance will not
reduce the width of the rail bank corridor to less than 50 100
feet.
(d) The commissioner may
lease previously acquired state rail bank right-of-way to a state agency or
governmental subdivision or to a private entity for nontransportation purposes
when:
(1) the portion to be leased
is in excess of that needed for the purposes stated in subdivision 2;
(2) the lease will not
reduce the useable width of the rail bank corridor to less than 50
100 feet;
(3) the cost of the lease is
based on the fair market value of the portion to be leased, as determined by
appraisal;
(4) the lease allows the
commissioner to terminate the lease on 90 days' written notice to the lessee;
and
(5) the lease prohibits the
construction or erection of any permanent structure within the 50-foot
100-foot rail bank corridor and requires any structure erected on the
leased property to be removed and the land restored to its original condition
on 90 days' written notice to the lessee.
(e) Proceeds from a sale or
lease must be deposited in the rail bank maintenance account described in
subdivision 8.
Sec. 44. Minnesota Statutes
2006, section 222.63, is amended by adding a subdivision to read:
Subd. 9. Rail bank property use; misdemeanors. (a) Except for the
actions of road authorities and their agents, employees, and contractors, and
of utilities, in carrying out their duties imposed by permit, law, or contract,
and except as otherwise provided in this section, it is unlawful to perform any
of the following activities on rail bank property:
(1) obstruct any trail;
(2) deposit snow or ice;
(3) remove or place any
earth, gravel, or rock without authorization;
(4) obstruct or remove any
ditch-draining device, or drain any harmful or dangerous materials;
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(5) erect a fence, or place
or maintain any advertising, sign, or memorial;
(6) remove, injure,
displace, or destroy right-of-way markers or reference or witness monuments or
markers placed to preserve section or quarter-section corners defining rail
bank property limits;
(7) drive upon any portion
of rail bank property, except at approved crossings, and except where
authorized for snowmobiles, emergency vehicles, or maintenance vehicles;
(8) deface, mar, damage, or
tamper with any structure, work, material, sign, marker, paving, guardrail,
drain, or any other rail bank appurtenance; or
(9) park, overhang, or
abandon any unauthorized vehicle or implement of husbandry on, across, or over
the limits of rail bank property.
(b) Any violation of this
subdivision is a misdemeanor.
(c) The cost to remove,
repair, or perform any other corrective action necessitated by a violation of
this subdivision may be charged to the violator.
Sec. 45. Minnesota Statutes
2006, section 299F.60, subdivision 1, is amended to read:
Subdivision 1. Money penalty. Any person who violates
any provision of sections 299F.56 to 299F.641, or any rule issued thereunder, shall
be is subject to a civil penalty to be imposed by the commissioner
not to exceed $10,000 $100,000 for each such violation for
each day that such the violation persists, except that the
maximum civil penalty shall must not exceed $500,000 $1,000,000
for any related series of violations.
Sec. 46. Minnesota Statutes
2006, section 299J.16, subdivision 1, is amended to read:
Subdivision 1. Civil penalty. (a) A pipeline operator
who violates section 299J.07, subdivision 1, or 299J.15, or the rules of the
commissioner implementing those sections, shall forfeit and pay to the state a
civil penalty in an amount to be determined by the court, up to $10,000 $100,000
for each day that the operator remains in violation, subject to a maximum
of $500,000 $1,000,000 for a related series of violations.
(b) The penalty provided
under this subdivision may be recovered by an action brought by the attorney
general at the request of the commissioner, in the name of the state, in
connection with an action to recover expenses of the director under section
299J.13, subdivision 4:
(1) in the District Court of
Ramsey County; or
(2) in the county of the
defendant's residence.
Sec. 47. Minnesota Statutes
2006, section 325F.665, is amended by adding a subdivision to read:
Subd. 14. Title branding. (a) Upon transfer and application for
title of all vehicles subject to this section, the registrar of motor vehicles
shall record the term "lemon law vehicle" on the certificate of title
and all subsequent certificates of title for that vehicle.
(b) For vehicles with
out-of-state titles that bear the term "lemon law vehicle," or any
similar term, the registrar of motor vehicles shall record the term "lemon
law vehicle" on the first Minnesota certificate of title and all subsequent
Minnesota certificates of title issued for that vehicle.
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(c) The designation of
"lemon law vehicle" on a certificate of title must be made by the
registrar of motor vehicles in a clear and conspicuous manner, in a color
different from all other writing on the certificate of title.
Sec. 48. CULKIN SAFETY REST AREA.
The commissioner of
transportation shall reopen without delay the Culkin safety rest area, located
on marked Interstate Highway 35.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 49. STUDY OF TRANSPORTATION LONG-RANGE
SOLUTIONS.
(a) The commissioner of
transportation shall conduct a study in consultation with other state agencies
and key stakeholders to evaluate the current and long-range needs of the
state's transportation system, and investigate possible strategies to meet
these needs.
(b) The study must include,
but is not limited to:
(1) evaluation of the
current needs of the state's highway systems, bridges, and transit;
(2) analysis and
quantification of the needs for the next 20 years of the state's highway
systems, bridges, and transit;
(3) comparison of estimates
of revenues raised by current transportation funding sources, with long-term
needs of the state's transportation system;
(4) identification of
options for maintenance and improvement of the state's transportation system
with specific reference to the effects of potential increases in vehicle fuel
economy, availability of alternative modes of transportation, and extreme fuel
price volatility on future transportation revenues;
(5) analysis of alternative
pricing options utilized in other states and countries, and their potential for
use, public acceptance, alleviation of congestion, and revenue generation in
this state; and
(6) identification of
options for road-use pricing, other alternative financing mechanisms with
particular consideration of key environmental impacts such as air quality,
water quality, and greenhouse gas emissions, and estimates of implementation
costs, user costs, and revenue.
(c) The commissioner shall
report the results of the study to the legislature no later than November 1,
2008.
Sec. 50. STUDY AND REPORT ON SPEED LIMITS.
The commissioner of
transportation shall report to the chairs of the legislative committees with
jurisdiction over transportation and local government by January 30, 2008, on
speed limits on local roads. The commissioner shall consult with local
governments and solicit input from local governments before issuing the report.
The report must include, at a minimum:
(1) whether the current
statutory speed limit of 30 miles per hour in urban districts and rural
residential districts is appropriate, or if there are locations where the
appropriate speed limit is 25 miles per hour;
(2) whether the current
statutory speed limit of 55 miles per hour in rural residential districts
within a city is appropriate, or if there are locations where the appropriate
speed limit is 30 miles per hour; and
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(3) whether the current
definitions of urban district, rural residential district, and residential
roadway are appropriate, or whether and how they should be changed.
Sec. 51. NONCOMPLIANCE WITH REAL ID ACT.
In order to promote the
security and well-being of the people of Minnesota, to avoid unneeded expense
to the people, and to preserve the principles of federalism embodied in the
Tenth Amendment to the United States Constitution, the commissioner of public
safety is prohibited from taking any action to implement or to plan for the
implementation by this state of those sections of Public Law 109-13 known as
the Real ID Act.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 52. NULLIFICATION OF EXPEDITED TOWN ROAD
EXTINGUISHMENT.
(a) Any extinguishment of
town interest in a town road under Minnesota Statutes, section 164.06,
subdivision 2, is hereby nullified if:
(1) the interest is not
recorded or filed with the county recorder but is recorded or filed with the
county auditor;
(2) the state or a political
subdivision has constructed a road or bridge improvement on a right-of-way
affected by the interest;
(3) the affected road was
the only means of access to a property; and
(4) the extinguishment took
place within the last ten years.
(b) Notwithstanding
Minnesota Statutes, section 164.08, subdivision 1, for any nullification under
paragraph (a), the affected road is hereby deemed to be a cartway. The
provisions of Minnesota Statutes, section 164.08, subdivision 2, apply except
that "petitioner" means the property owner for whom the only means of
access to a property is by way of the affected road, and that the petitioner
must not be required to pay damages for the land upon which the cartway is
established, the cost of professional and other services, hearing costs,
administrative costs, recording costs, or other costs and expenses.
(c) For purposes of this
section, "affected road" means the road that the town board
extinguished town interest in.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 53. REPEALER.
Minnesota Statutes 2006,
sections 168A.05, subdivision 5a; and 325E.0951, subdivision 3a, are repealed.
ARTICLE 2
TOWING
Section 1. Minnesota
Statutes 2006, section 168B.04, subdivision 2, is amended to read:
Subd. 2. Unauthorized vehicles. (a) Units of
government and peace officers may take into custody and impound any unauthorized
vehicle under section 169.041.
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(b) A vehicle may also be
impounded after it has been left unattended in one of the following public or
private locations for the indicated period of time:
(1) in a public location not
governed by section 169.041:
(i) on a highway and
properly tagged by a peace officer, four hours;
(ii) located so as to
constitute an accident or traffic hazard to the traveling public, as determined
by a peace officer, immediately; or
(iii) located so as to
constitute an accident or traffic hazard to the traveling public within the
Department of Transportation's eight-county metropolitan district, as
determined by an authorized employee of the department's freeway service
patrol, immediately; or
(iii) (iv) that is a
parking facility or other public property owned or controlled by a unit of
government, properly posted, four hours; or
(2) on private property:
(i) that is single-family or
duplex residential property, immediately;
(ii) that is private,
nonresidential property, properly posted, immediately;
(iii) that is private,
nonresidential property, not posted, 24 hours;
(iv) that is private,
nonresidential property of an operator of an establishment for the servicing,
repair, or maintenance of motor vehicles, five business days after notifying
the vehicle owner by certified mail, return receipt requested, of the property
owner's intention to have the vehicle removed from the property; or
(v) that is any residential
property, properly posted, immediately.
(c) When a tow is requested
under paragraph (b), clause (1) (iii), the department shall ensure that the
tower initially requested to remove the vehicle is given the opportunity, to
the greatest reasonable extent, to actually conduct and complete all towing
operations requested; provided that, the owner of the vehicle to be towed has
not already requested that another tower remove the vehicle, in which case the
tower contacted by the owner must be given the first reasonable opportunity to
conduct the towing operations required.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 169.041, subdivision 1, is amended to read:
Subdivision 1. Towing authority. For purposes of this
section, "towing authority" means:
(1) any local authority
authorized by section 169.04 to enforce the traffic laws, and also includes
a private towing company authorized by a local authority to tow vehicles on
behalf of that local authority.; or
(2) an authorized employee
of the Department of Transportation's freeway service patrol within the
department's eight-county metropolitan district, and also includes a private
towing company authorized by the department to tow vehicles on behalf of the
department.
EFFECTIVE DATE. This section is
effective August 1, 2007.
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Sec. 3. Minnesota Statutes
2006, section 169.041, subdivision 2, is amended to read:
Subd. 2. Towing order required. A towing
authority may not tow a motor vehicle from public property unless a peace
officer or parking enforcement officer has prepared, in addition to the parking
citation, a written towing report describing the motor vehicle and the reasons
for towing. The report must be signed by the officer and the tow driver. Within
the Department of Transportation's eight-county metropolitan district, an
authorized employee of the department's freeway service patrol may order a tow
from a trunk highway after preparing a written towing report provided by the
Minnesota State Patrol. A citation need not be issued before the employee
orders a tow. The department employee shall ensure that the tower initially
requested to remove the vehicle is given the opportunity, to the greatest
reasonable extent, to actually conduct and complete all towing operations
requested; provided that, the owner of the vehicle to be towed has not already
requested that another tower remove the vehicle, in which case the tower
contacted by the owner must be given the first reasonable opportunity to
conduct the towing operations required.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 4. Minnesota Statutes
2004, 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 such conditions as the commissioner may prescribe.
ARTICLE 3
TRANSIT
Section 1. Minnesota
Statutes 2006, section 174.24, subdivision 2a, is amended to read:
Subd. 2a. Eligible activities. Activities
eligible for assistance under the program include but are not limited to:
(1) planning and engineering
design for transit services and facilities;
(2) capital assistance to
purchase or refurbish transit vehicles and other capital expenditures necessary
to provide a transit service;
(3) operating assistance as
provided under subdivision 3b; and
(4) partnership creation
to coordinate and supplement services of county, local, and private transit
providers;
(5) design and operation of
regional call centers; and
(6) other assistance for public
transit services that furthers the purposes of section 174.21.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 174.255, is amended by adding a subdivision to read:
Subd. 1a. Service standard. The commissioner shall require any
paratransit project that serves disabled individuals and receives assistance
under section 174.24 to allow passengers to schedule trips up to four days in
advance.
EFFECTIVE DATE. This section is
effective January 1, 2010.
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Sec. 3. Minnesota Statutes
2006, section 174.29, is amended by adding a subdivision to read:
Subd. 4. Supplementary paratransit. The commissioner shall
facilitate the creation of partnerships among paratransit providers, including,
but not limited to, medical assistance transportation providers, to supplement
and coordinate with available county and local transit service.
EFFECTIVE DATE. This section is
effective July 2, 2007.
Sec. 4. Minnesota Statutes
2006, section 174.29, is amended by adding a subdivision to read:
Subd. 5. Intercounty service. The commissioner shall require
providers of service to enter into regional intercounty service agreements with
adjacent counties. The commissioner, in cooperation with state agencies that
assist, provide, reimburse, or regulate special transportation services, shall
establish a reimbursement mechanism to facilitate reimbursement for intercounty
trips.
EFFECTIVE DATE. This section is effective
January 1, 2010.
Sec. 5. Minnesota Statutes
2006, section 174.29, is amended by adding a subdivision to read:
Subd. 6. One-stop call centers. The commissioner shall promote,
support, and facilitate the establishment and operation of one-stop regional
call centers that assist callers in arranging the most efficient and
cost-effective available rides while meeting passengers' needs for special
equipment.
EFFECTIVE DATE. This section is
effective January 1, 2010.
Sec. 6. Minnesota Statutes
2006, section 174.30, subdivision 4, is amended to read:
Subd. 4. Vehicle and equipment inspection, rules;
decal; complaint contact information. (a) The commissioner shall
inspect or provide for the inspection of vehicles at least annually. In
addition to scheduled annual inspections and reinspections scheduled for the
purpose of verifying that deficiencies have been corrected, unannounced
inspections of any vehicle may be conducted.
(b) On determining that a
vehicle or vehicle equipment is in a condition that is likely to cause an
accident or breakdown, the commissioner shall require the vehicle to be taken
out of service immediately. The commissioner shall require that vehicles and
equipment not meeting standards be repaired and brought into conformance with
the standards and shall require written evidence of compliance from the
operator before allowing the operator to return the vehicle to service.
(c) The commissioner shall
provide in the rules procedures for inspecting vehicles, removing unsafe
vehicles from service, determining and requiring compliance, and reviewing
driver qualifications.
(d) The commissioner shall
design a distinctive decal to be issued to special transportation service
providers with a current certificate of compliance under this section. A decal
is valid for one year from the last day of the month in which it is issued. A
person who is subject to the operating standards adopted under this section may
not provide special transportation service in a vehicle that does not
conspicuously display a decal issued by the commissioner.
(e) Special transportation
service providers shall prominently display in each vehicle all contact
information for the submission of complaints regarding the transportation
services provided to that individual.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 7. Minnesota Statutes
2006, section 174.30, subdivision 9, is amended to read:
Subd. 9. Complaint data; Complaints; report;
data classification. (a) The commissioner shall investigate all
complaints over which the commissioner has jurisdiction regarding special
transportation service providers regulated under this section.
(b) By January 15, 2008, and
in every subsequent even-numbered year by January 15, the commissioner shall
submit a report to the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over transportation
policy and finance. The report must identify each complaint investigated by the
commissioner under paragraph (a), including but not limited to any findings and
steps taken for resolution of the complaint.
(c) When information is
furnished to the Department of Transportation that alleges a violation of this
section, an operating standard adopted under this section, or section 174.315,
the following data are classified as confidential data or protected nonpublic
data:
(1) names of complainants;
(2) complaint letters; and
(3) other unsolicited data
when furnished by a person who is not the subject of the data and who is not a
department employee.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 8. Minnesota Statutes
2006, section 221.091, subdivision 2, is amended to read:
Subd. 2. Local licensing of small vehicle passenger
service. A city that licenses and regulates small vehicle passenger service
must do so by ordinance. The ordinance must, at a minimum, provide for driver
qualifications, insurance, vehicle safety, and periodic vehicle inspections. A
city that has adopted an ordinance complying with this subdivision may enforce
the registration requirement in section 221.021. A person who provides small
vehicle passenger service to an individual for the purpose of obtaining
nonemergency medical care and who receives reimbursement under section
256B.0625, subdivision 17, for providing the service, must comply with the
rules of the commissioner adopted under section 174.30.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 9. Minnesota Statutes
2006, section 473.1466, is amended to read:
473.1466 TRANSPORTATION SYSTEM PERFORMANCE AUDIT; TRANSIT
EVALUATION.
(a) In 1997 and every
four years thereafter, the council shall provide for an independent entity
selected through a request for proposal process conducted nationwide to do Prior
to each major revision of the transportation policy plan, the council must
carry out a performance audit evaluation of the commuting
metropolitan area's transportation system as a whole. The performance audit
evaluation must:
(1) evaluate the commuting
area's ability to meet the region's needs need for effective and
efficient transportation of goods and people,;
(2) evaluate future
trends and their impacts on the region's area's transportation system,
and;
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(3) assess the region's
success in meeting the currently adopted regional transportation benchmarks;
and
(4) include an evaluation of
the regional transit system, including a comparison with peer metropolitan
regions with regard to key operating and investment measurements.
(b) The council must update
the evaluation of the regional transit system every two years.
(c) The council shall use
the results of the performance evaluation to make recommendations for improving the system
in each revision of the transportation policy plan. The performance
audit must recommend performance-funding measures.
(b) In 1999 and every four
years thereafter, the council must evaluate the performance of the metropolitan
transit system's operation in relationship to the regional transit performance
standards developed by the council.
(d) The council must conduct
a peer review of the performance evaluation using at least two nationally
recognized transportation and transit consultants.
(e) The council must submit
the performance evaluation to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction
over transportation finance and policy.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes
2006, section 473.166, is amended to read:
473.166 CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY; APPROVAL.
Before acquiring land for or
constructing a controlled access highway or transit fixed-guideway in
the area, the state Transportation Department or local government unit
proposing the acquisition or construction shall submit to the council a
statement describing the proposed project. The statement must be in the form
and detail required by the council. The council shall review the statement to
ascertain its consistency with its policy plan and the development guide. No
project may be undertaken unless the council determines that it is consistent
with the policy plan. This approval is in addition to the requirements of any
other statute, ordinance or rule.
Sec. 11. Minnesota Statutes
2006, section 473.386, subdivision 1, is amended to read:
Subdivision 1. Service objectives. The council shall
implement a special transportation service, as defined in section 174.29, in
the metropolitan area. The service has the following objectives:
(a) to provide greater
access to transportation for the elderly, people with disabilities, and others
with special transportation needs in the metropolitan area;
(b) to develop an integrated
system of special transportation service providing transportation tailored to
meet special individual needs in the most cost-efficient manner; and
(c) to use existing public,
private, and private nonprofit providers of service wherever possible
when feasible and cost-efficient, to supplement rather than replace
existing service, and to increase the productivity of all special
transportation vehicles available in the area.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 12. Minnesota Statutes
2006, section 473.386, subdivision 2, is amended to read:
Subd. 2. Service contracts; management;
transportation accessibility advisory committee. (a) The council may
contract for services necessary for the provision of special transportation.
Transportation service provided under a contract must specify the service to be
provided, the standards that must be met, and the rates for operating and
providing special transportation services.
(b) The council shall
establish management policies for the service and may contract with a service
administrator for day-to-day administration and management of the service. Any
contract must delegate to the service administrator clear authority to
administer and manage the delivery of the service pursuant to council
management policies and must establish performance and compliance standards for
the service administrator. The council may provide directly day to day
administration and management of the service and may own or lease vehicles used
to provide the service.
(c) The council shall ensure
that the service administrator establishes a system for registering and
expeditiously responding to complaints by users, informing users of how to
register complaints, and requiring providers to report on incidents that impair
the safety and well-being of users or the quality of the service.
(d) The council shall annually
report to the commissioner of transportation and the legislature on
complaints and provider reports, the response of the service administrator, and
steps taken by the council and the service administrator to identify causes and
provide remedies to recurring problems on its special transportation
services as part of the program evaluation provided for in section 473.13,
subdivision 1a.
(d) Each year before
renewing contracts with providers and the service administrator, the council
shall provide an opportunity for the transportation accessibility advisory
committee, users, and other interested persons to testify before the council
concerning providers, contract terms, and other matters relating to council
policies and procedures for implementing the service.
(e) The council shall
provide, on an annual basis, an opportunity for users and other interested
persons to provide testimony to the council concerning services provided under
this section.
(e) (f) The council shall
establish a Transportation Accessibility Advisory Committee consisting of 15
members and a chair to advise the council on management policies for the
council's special transportation service. The Transportation Accessibility
Advisory Committee must include elderly and disabled persons, other users of
special transportation service, representatives of persons contracting to
provide special transportation services, and representatives of appropriate
agencies for elderly and disabled persons to advise the council on
management policies for the service. At least half the Transportation
Accessibility Advisory Committee members must be disabled or elderly persons
or the representatives of disabled or elderly persons who are both
ADA-certified and users of public transit in the metropolitan area. Two of
the appointments to the Transportation Accessibility Advisory Committee shall
be made by the Council on Disability in consultation with the chair of the
Metropolitan Council.
EFFECTIVE DATE. This section is effective
the day following final enactment.
Sec. 13. Minnesota Statutes
2006, section 473.386, subdivision 2a, is amended to read:
Subd. 2a. Eligibility certification
application and verification; penalty for fraudulent certification. If
the council requires a person to be certified as eligible for special
transportation services, an applicant for certification must submit an
application form and the applicant's eligibility must be verified by a type of
professional specified by the council. The council shall include the
notice of penalty for fraudulent certification, and:
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(1) require the applicant to
sign the application form and certify that the application information is accurate;
and
(2) require the person certifying
verifying the applicant applicant's eligibility to sign
the eligibility certification verification form and the
applicant to sign the application form, as provided in section 174.295
certify that the verifying information is accurate.
The penalty provided for in
section 174.295, subdivision 4, applies to the certifications by the applicant
and the person verifying the applicant's eligibility. The council must include
a notice of the penalty for fraudulent certification in the application form
and the eligibility verification form.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes
2006, section 473.386, subdivision 3, is amended to read:
Subd. 3. Duties of council. In implementing the
special transportation service, the council shall:
(a) encourage participation
in the service by public, private, and private nonprofit providers of special
transportation currently receiving capital or operating assistance from a
public agency;
(b) when feasible and
cost-efficient, contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively provide service
at a reasonable cost;
(c) encourage individuals
using special transportation to use the type of service most appropriate to
their particular needs;
(d) ensure that all persons
providing special transportation service receive equitable treatment in the
allocation of the ridership;
(e) (d) require special
transit service providers to allow passengers to schedule trips up to four days
in advance and encourage shared rides to the greatest extent practicable;
(f) (e) encourage public agencies
that provide transportation to eligible individuals as a component of human services
and educational programs to coordinate with this service and to allow
reimbursement for transportation provided through the service at rates that
reflect the public cost of providing that transportation;
(g) (f) establish criteria to be
used in determining individual eligibility for special transportation services;
(h) (g) consult with the
Transportation Accessibility Advisory Committee in a timely manner before
changes are made in the provision of special transportation services,
including, but not limited to, changes in policies affecting the matters
subject to hearing under subdivision 2;
(i) (h) provide for effective
administration and enforcement of council policies and standards; and
(j) annually evaluate
providers of special transportation service to ensure compliance with the
standards established for the program; and
(k) (i) ensure that, taken as a
whole including contracts with public, private, and private nonprofit
providers, the geographic coverage area of the special transportation service
is continuous within the boundaries of the transit taxing district, as defined
as of March 1, 2006, in section 473.446, subdivision 2.
EFFECTIVE DATE. This section is
effective the day following final enactment, except that paragraph (d) is
effective January 1, 2010.
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Sec. 15. Minnesota Statutes
2006, section 473.399, is amended to read:
473.399 TRANSIT WAYS; LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING
IN METROPOLITAN AREA.
Subdivision 1. General requirements. (a) The
council must identify in its transportation policy plan those heavily traveled
corridors where development of a transit way may be feasible and cost
effective. Modes of providing service in a transit way may include bus rapid
transit, light rail transit, commuter rail, or other available systems or
technologies that improve transit service.
(b) After the completion of
environmental studies and receipt of input from the governing body of each
statutory and home rule charter city, county, and town in which a transit way
is proposed to be constructed, the council must designate the locally preferred
alternative transit mode with respect to the corridor.
(c) The council shall adopt a
plan to ensure that any light rail transit facilities that are
designated as the locally preferred alternative and that are to be constructed
in the metropolitan area will be acquired, developed, owned, and capable of
operation in an efficient, cost-effective, and coordinated manner in
coordination with buses and other transportation modes and facilities. The
plan may be developed and adopted in phases corresponding to phasing of
construction of light rail. The council may incorporate into its plan
appropriate elements of the plans of regional railroad authorities in order to
avoid duplication of effort.
(b) The light rail transit
plan or first phase of the plan required by this section must be adopted by the
council before the commissioner of transportation may begin (d) Construction of light rail
transit facilities in a particular transit corridor may not commence unless
and until that mode is designated as the locally preferred alternative for that
corridor by the council. Following adoption of the plan, the
commissioner of transportation shall act in conformity with the plan. The
commissioner shall prepare or amend the final design plans as necessary to make
the plans consistent with the light rail transit plan.
(c) Throughout the
development and implementation of the plan, the council shall contract for or
otherwise obtain engineering services to assure that the plan adequately
addresses the technical aspects of light rail transit.
Subd. 1a. Integrated transportation system. The
commissioner of transportation and the Metropolitan Council shall ensure that the
light rail transit and commuter rail facilities are planned, designed, and
implemented: (1) to move commuters and transit users into and out of, as well
as within, the metropolitan area, and (2) to ensure that rail transit lines
will interface with each other and other transportation facilities and services
so as to provide a unified, integrated, and efficient multimodal transportation
system.
Subd. 4. Expenditure of state funds. No state
funds may be expended by the Metropolitan Council to study a particular
light rail transit or commuter rail facility unless the funds are
appropriated in legislation that identifies the route, including the
origin and destination.
Sec. 16. Minnesota Statutes
2006, section 473.3993, subdivision 1, is amended to read:
Subdivision 1. Application. The definitions in this
section apply to section 473.3994 sections 473.3993 to 473.3997.
Sec. 17. Minnesota Statutes
2006, section 473.3993, is amended by adding a subdivision to read:
Subd. 4. Responsible authority. "Responsible authority"
means either the Metropolitan Council or the state of Minnesota acting through
the commissioner of transportation, as designated by the governor under section
473.3994, subdivision 1a, for a particular light rail transit facility.
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Sec. 18. Minnesota Statutes
2006, section 473.3993, subdivision 3, is amended to read:
Subd. 3. Final design plan. "Final design
plan" means a light rail transit plan that includes the items in the
preliminary design plan and the preliminary engineering plan for the facilities
proposed but with greater detail and specificity needed for construction. The
final design plan must include, at a minimum:
(1) final plans for the
physical design of facilities, including the right-of-way definition;
environmental impacts and mitigation measures; intermodal coordination with bus
operations and routes; and civil engineering plans for vehicles, track,
stations, parking, and access, including disability access; and
(2) final plans for civil
engineering for electrification, communication, and other similar facilities;
operational rules, procedures, and strategies; capital costs; ridership;
operating costs and revenues, and sources of funds for operating subsidies;
financing for construction and operation; an implementation method; and other
similar matters.
The final design plan must
be stated with sufficient particularity and detail to allow the proposer to
begin the acquisition and construction of operable facilities. If a
design-build implementation method is proposed, instead of civil engineering
plans the final design plan must state detailed design criteria and performance
standards for the facilities.
The commissioner of
transportation may use a design-build method of project development and
construction for light rail transit. Notwithstanding any law to the contrary,
the commissioner may award a design-build contract on the basis of requests for
proposals or requests for qualifications without bids. "Design-build
method of project development and construction" means a project delivery
system in which a single contractor is responsible for both the design and
construction of the project and bids the design and construction together.
Sec. 19. Minnesota Statutes
2006, section 473.3994, is amended to read:
473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.
Subd. 1a. Designation of responsible authority. For each proposed
light rail transit facility in the metropolitan area, the governor must
designate either the Metropolitan Council or the state of Minnesota acting
through the commissioner of transportation as the entity responsible for
planning, designing, acquiring, constructing, and equipping the facility.
Notwithstanding such designation, the commissioner and the council may enter
into one or more cooperative agreements with respect to the planning,
designing, acquiring, constructing, or equipping of a particular light rail
transit facility that provide for the parties to exercise their respective
authorities in support of the project in a manner that best serves the project
and the public.
Subd. 2. Preliminary design plans; public hearing.
Before final design plans are prepared for a light rail transit facility in
the metropolitan area, the commissioner of transportation
responsible authority and the regional railroad authority or authorities in
whose jurisdiction the line or lines are located must hold a public hearing on
the physical design component of the preliminary design plans. The commissioner
of transportation responsible authority and the regional railroad
authority or authorities in whose jurisdiction the line or lines are located
must provide appropriate public notice of the hearing and publicity to ensure
that affected parties have an opportunity to present their views at the
hearing. The commissioner responsible authority shall summarize
the proceedings and testimony and maintain the record of a hearing held under
this section, including any written statements submitted.
Subd. 3. Preliminary design plans; local approval.
(a) At least 30 days before the hearing under subdivision 2, the commissioner
of transportation responsible authority shall submit the physical
design component of the preliminary design plans to the governing body of each
statutory and home rule charter city, county, and town in which the route is
proposed to be located. The city, county, or town shall hold a public hearing.
Within 45 days after the hearing under subdivision 2, the city, county, or town
shall review and approve or disapprove the plans for
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the route to be located in the city, county, or
town. A local unit of government that disapproves the plans shall describe
specific amendments to the plans that, if adopted, would cause the local unit
to withdraw its disapproval. Failure to approve or disapprove the plans in
writing within 45 days after the hearing is deemed to be approval, unless an
extension of time is agreed to by the city, county, or town and the commissioner
of transportation responsible authority.
Subd. 4. Preliminary design plans; council referral.
If the governing body of one or more cities, counties, or towns disapproves the
preliminary design plans within the period allowed under subdivision 3, the commissioner
of transportation may refer the plans, along with any comments of local
jurisdictions, to the Metropolitan Council. The council shall hold a
hearing on the plans, giving the commissioner of transportation, if the
responsible authority, any disapproving local governmental units, and other
persons an opportunity to present their views on the plans. The council may
conduct independent study as it deems desirable and may mediate and attempt to
resolve disagreements about the plans. Within 90 60 days after
the referral hearing, the council shall review the plans submitted
by the commissioner of transportation and the council and shall
decide what amendments to the plans, if any, must be made to accommodate the
objections presented by the disapproving local governmental units. The
commissioner shall make the Amendments to the plans as decided by the
council must be made before continuing the planning and designing process.
Subd. 5. Final design plans. (a) If the final
design plans incorporate a substantial change from the preliminary design plans
with respect to location, length, or termini of routes; general dimension,
elevation, or alignment of routes and crossings; location of tracks above
ground, below ground, or at ground level; or station locations, before
beginning construction, the commissioner responsible authority
shall submit the changed component of the final design plans to the
governing body of each statutory and home rule city, county, and town in which
the changed component is proposed to be located. Within 60 days after the
submission of the plans, the city, county, or town shall review and approve or
disapprove the changed component located in the city, county, or town. A local
unit of government that disapproves the change shall describe specific
amendments to the plans that, if adopted, would cause the local unit to
withdraw its disapproval. Failure to approve or disapprove the changed plans in
writing within the time period is deemed to be approval, unless an extension is
agreed to by the city, county, or town and the commissioner
responsible authority.
(b) If the governing body of
one or more cities, counties, or towns disapproves the changed plans within the
period allowed under paragraph (a), the commissioner may refer the plans,
along with any comments of local jurisdictions, to the Metropolitan Council.
The council shall review the final design plans under the same procedure
and with the same effect as provided in subdivision 4 for preliminary design
plans.
Subd. 7. Council review. If the commissioner
is the responsible authority, before proceeding with construction of a
light rail transit facility, the commissioner must submit preliminary and final
design plans to the Metropolitan Council. The council must review the plans for
consistency with the council's development guide and approve the plans.
Subd. 8. Metropolitan significance. This section
does not diminish or replace the authority of the council under section
473.173.
Subd. 9. Light rail transit operating costs. (a)
Before submitting an application for federal assistance for light rail transit
facilities in the metropolitan area, the applicant must provide to the
Metropolitan Council estimates must prepare an estimate of the
amount of operating subsidy which will be required to operate light rail
transit in the corridor to which the federal assistance would be applied. The information
provided to the council estimate must indicate the amount of
operating subsidy estimated to be required in each of the first ten years of
operation of the light rail transit facility. If the commissioner of
transportation is the responsible authority, the commissioner must provide
information requested by the council that is necessary to make the estimate.
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(b) The council must review
and evaluate the information provided estimate developed under
paragraph (a) with regard to the effect of operating the light rail transit
facility on the currently available mechanisms for financing transit in the
metropolitan area.
Subd. 10. Corridor Management Committee. The
responsible authority must establish a Corridor Management Committee shall
be established to advise the commissioner of transportation
responsible authority in the design and construction of light rail transit
in each corridor to be constructed. The Corridor Management Committee for
each corridor shall consist of the following members:
(1) one member appointed by
each city and county in which the corridor is located;
(2) the commissioner of
transportation or a designee of the commissioner;
(3) two members appointed by
the Metropolitan Council, one of whom shall be designated as the chair of the
committee;
(4) one member appointed by
the Metropolitan Airports Commission, if the designated corridor provides
direct service to the Minneapolis-St. Paul International Airport; and
(5) one member appointed by
the president of the University of Minnesota, if the designated corridor
provides direct service to the university.
The Corridor Management
Committee shall advise the commissioner of transportation responsible
authority on issues relating to the alternatives analysis,
environmental review, preliminary design, preliminary engineering, final
design, implementation method, and construction of light rail transit in the
corridor.
Subd. 13. Dispute resolution. In the event of a
dispute between any of the parties arising from the parties' respective
authority and responsibility under this section, the dispute shall be submitted
to the Metropolitan Council for final resolution by any party to the dispute.
The Metropolitan Council shall establish by July 1, 1993, a process to
ensure a prompt and speedy resolution of the dispute. This process shall allow
the parties to provide evidence and testimony in support of their positions.
Subd. 14. Transfer of facility after construction. If the
commissioner of transportation is the responsible authority for a particular
light rail transit facility, the commissioner must transfer to the Metropolitan
Council all facilities constructed and all equipment and property acquired in
developing the facility upon completion of construction.
Sec. 20. [473.3995] LIGHT RAIL TRANSIT;
DESIGN-BUILD METHOD.
(a) A responsible authority
may use a design-build method of project development and construction for light
rail transit. Notwithstanding any law to the contrary, a responsible authority
may award a design-build contract on the basis of requests for proposals or
requests for qualifications without bids. "Design-build method of project
development and construction" means a project delivery system in which a
single contractor is responsible for both the design and construction of the
project and bids the design and construction together.
(b) If a responsible
authority utilizes a design-build method of project development and
construction for light rail transit, the requirements and procedures in
sections 161.3410 to 161.3426 apply to the procurement, subject to the
following conditions and exceptions:
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(1) if the Metropolitan
Council is the responsible authority for a particular light rail transit
project, when used in sections 161.3410 to 161.3426, (i) the terms
"commissioner," "Minnesota Department of Transportation,"
"department," "state agencies," and "road
authority" refer to the Metropolitan Council, and (ii) the term
"state" refers to the Metropolitan Council except in references to
state law or in references to the state as a geographical location;
(2) the provisions of
section 161.3412, subdivisions 3 and 4, are not applicable to the procurement;
and
(3) if any federal funds are
used in developing or constructing the light rail transit project, any
provisions in sections 161.3410 to 161.3426 that are inconsistent with, or
prohibited by, any federal law, regulation, or other requirement are not
applicable to the procurement.
Sec. 21. Minnesota Statutes
2006, section 473.3997, is amended to read:
473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.
(a) Upon completion of the
alternatives analysis and draft environmental impact statement, and
selection of the locally preferred alternative, for the central corridor
transit improvement project each light rail transit facility, the council,
the commissioner of transportation, and the affected regional rail authorities
responsible authority may prepare a joint an application for
federal assistance for the light rail transit facilities in the
metropolitan area facility. If the commissioner is the
responsible authority, the application must be reviewed and approved by the
Metropolitan Council before it is submitted by the council and the
commissioner. In reviewing the application the council must consider the information
submitted to it operating cost estimate developed under section
473.3994, subdivision 9.
(b) Until the application
described in paragraph (a) is submitted Except for the designated responsible
authority for a particular light rail transit facility, no political
subdivision in the metropolitan area may on its own apply for federal
assistance for light rail transit planning or construction.
Sec. 22. [473.3999] LIGHT RAIL TRANSIT CONSTRUCTION
IN THE METROPOLITAN AREA; COUNCIL AUTHORITY.
The Metropolitan Council may
exercise the powers granted in this chapter and in other applicable law, as
necessary, to plan, design, acquire, construct, and equip light rail transit
facilities in the metropolitan area as defined in section 473.121, subdivision
2.
Sec. 23. Minnesota Statutes
2006, section 473.4051, is amended to read:
473.4051 LIGHT RAIL TRANSIT OPERATION.
The council shall operate
all light rail transit facilities and services located in the
metropolitan area upon completion of construction of the facilities and the
commencement of revenue service using the facilities. The commissioner of
transportation and the council may not allow the commencement of revenue
service until after an appropriate period of acceptance testing to ensure
safe and satisfactory performance. In assuming the operation of the system,
the council must comply with section 473.415. The council shall coordinate
operation of the light rail transit system with bus service to avoid
duplication of service on a route served by light rail transit and to ensure
the widest possible access to light rail transit lines in both suburban and
urban areas by means of a feeder bus system.
Sec. 24. Minnesota Statutes
2006, section 473.408, is amended by adding a subdivision to read:
Subd. 8. Charitable organization discount passes. The council may
offer passes, including tokens, for regular route bus service for sale to
charitable organizations, described in section 501(c)(3) of the Internal
Revenue Code, at a special discount.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 25. REPEALER.
(a) Minnesota Statutes 2006,
sections 473.1465; and 473.247, are repealed.
(b) Laws 1999, chapter 230,
section 44, is repealed.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 26. EFFECTIVE DATE.
Sections 10 and 15 to 23 are
effective the day following final enactment and apply in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
ARTICLE 4
REGISTRATION PLATES
Section 1. Minnesota
Statutes 2006, section 168.10, subdivision 1a, is amended to read:
Subd. 1a. Collector's vehicle, pioneer license
plate. (a) Any motor vehicle manufactured prior to 1936 and owned
and operated solely as a collector's item shall be listed for taxation and
registration as follows: An affidavit shall be executed stating the name and
address of the owner, the name and address of the person from whom purchased,
the make of the motor vehicle, year and number of the model, the manufacturer's
identification number and that the vehicle is owned and operated solely as a
collector's item and not for general transportation purposes. If the registrar
commissioner is satisfied that the affidavit is true and correct and the
owner pays a $25 tax and the plate fee authorized under section 168.12,
the registrar commissioner shall list such vehicle for taxation
and registration and shall issue a single number plate.
(b) The number plate so
issued shall bear the inscription "Pioneer," "Minnesota"
and the registration number or other combination of characters authorized under
section 168.12, subdivision 2a, but no date. The number plate is valid without
renewal as long as the vehicle is in existence in Minnesota. The registrar
commissioner has the power to revoke said plate for failure to comply with
this subdivision.
Sec. 2. Minnesota Statutes
2006, section 168.10, subdivision 1b, is amended to read:
Subd. 1b. Collector's vehicle, classic car license
plate. (a) Any motor vehicle manufactured between and including the
years 1925 and 1948, and designated by the registrar of motor vehicles
commissioner as a classic car because of its fine design, high engineering
standards, and superior workmanship, and owned and operated solely as a
collector's item shall be listed for taxation and registration as follows: An
affidavit shall be executed stating the name and address of the owner, the name
and address of the person from whom purchased, the make of the motor vehicle,
year and number of the model, the manufacturer's identification number and that
the vehicle is owned and operated solely as a collector's item and not for
general transportation purposes. If the registrar commissioner is
satisfied that the affidavit is true and correct and that the motor vehicle
qualifies to be classified as a classic car, and the owner pays a $25 tax
and the plate fee authorized under section 168.12, the registrar
commissioner shall list such vehicle for taxation and registration and
shall issue a single number plate.
(b) The number plate so
issued shall bear the inscription "Classic Car,"
"Minnesota," and the registration number or other combination of
characters authorized under section 168.12, subdivision 2a, but no date. The
number plate is valid without renewal as long as the vehicle is in existence
in Minnesota. The registrar commissioner has the power to
revoke said plate for failure to comply with this subdivision.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4390
(c) The following cars built
between and including 1925 and 1948 are classic:
A.C. |
|
Adler |
|
Alfa Romeo |
|
Alvis |
Speed
20, 25, and 4.3 litre. |
Amilcar |
|
Aston Martin |
|
Auburn |
All
8-cylinder and 12-cylinder models. |
Audi |
|
Austro-Daimler |
|
Avions Voisin 12 |
|
Bentley |
|
Blackhawk |
|
B.M.W. |
Models
327, 328, and 335 only. |
Brewster (Heart-front Ford) |
|
Bugatti |
|
Buick |
1931
through 1942: series 90 only. |
Cadillac |
All
1925 through 1935. |
|
All
12's and 16's. |
|
1936-1948:
Series 63, 65, 67, |
|
70,
72, 75, 80, 85 and 90 only. |
|
1938-1947:
60 special only. |
|
1940-1947:
All 62 Series. |
Chrysler |
1926
through 1930: Imperial 80. |
|
1929:
Imperial L. |
|
1931
through 1937: Imperial Series CG, |
|
CH,
CL, and CW. |
|
All
Newports and Thunderbolts. |
|
1934
CX. |
|
1935
C-3. |
|
1936
C-11. |
|
1937
through 1948: Custom Imperial, |
|
Crown
Imperial Series C-15, C-20, C-24, |
|
C-27,
C-33, C-37, and C-40. |
Cord |
|
Cunningham |
|
Dagmar |
Model
25-70 only. |
Daimler |
|
Delage |
|
Delahaye |
|
Doble |
|
Dorris |
|
Duesenberg |
|
du Pont |
|
Franklin |
All
models except 1933-34 Olympic Sixes. |
Frazer Nash |
|
Journal of
the House - 55th Day - Wednesday, April 25, 2007 - Top of Page 4391
Graham |
1930-1931:
Series 137. |
Graham-Paige |
1929-1930:
Series 837. |
Hispano Suiza |
|
Horch |
|
Hotchkiss |
|
Invicta |
|
Isotta Fraschini |
|
Jaguar |
|
Jordan |
Speedway
Series 'Z' only. |
Kissel |
1925,
1926 and 1927: Model 8-75. |
|
1928:
Model 8-90, and 8-90 White Eagle. |
|
1929:
Model 8-126, and 8-90 White Eagle. |
|
1930:
Model 8-126. |
|
1931:
Model 8-126. |
Lagonda |
|
Lancia |
|
La Salle |
1927
through 1933 only. |
Lincoln |
All
models K, L, KA, and KB. |
|
1941:
Model 168H. |
|
1942:
Model 268H. |
Lincoln Continental |
1939
through 1948. |
Locomobile |
All
models 48 and 90. |
|
1927:
Model 8-80. |
|
1928:
Model 8-80. |
|
1929:
Models 8-80 and 8-88. |
Marmon |
All
16-cylinder models. |
|
1925:
Model 74. |
|
1926:
Model 74. |
|
1927:
Model 75. |
|
1928:
Model E75. |
|
1931:
Model 88, and Big 8. |
Maybach |
|
McFarlan |
|
Mercedes Benz |
All
models 2.2 litres and up. |
Mercer |
|
M.G. |
6-cylinder
models only. |
Minerva |
|
Nash |
1931:
Series 8-90. |
|
1932:
Series 9-90, |
|
Advanced
8, and Ambassador 8. |
|
1933-1934:
Ambassador 8. |
Packard |
1925
through 1934: All models. |
|
1935
through 1942: Models 1200, |
|
1201,
1202, 1203, 1204, 1205, 1207, |
|
1208,
1400, 1401, 1402, 1403, 1404, |
|
1405,
1407, 1408, 1500, 1501, 1502, |
|
1506,
1507, 1508, 1603, 1604, 1605, |
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4392
|
1607,
1608, 1705, 1707, 1708, 1806, |
|
1807, 1808, 1906, 1907, 1908, 2006, |
|
2007, and 2008 only. |
|
1946 and 1947: Models 2106 and |
|
2126 only. |
Peerless |
1926 through 1928: Series 69. |
|
1930-1931: Custom 8. |
|
1932: Deluxe Custom 8. |
Pierce Arrow |
|
Railton |
|
Renault |
Grand Sport model only. |
Reo |
1930-1931: Royale Custom 8, and |
|
Series 8-35 and 8-52 Elite 8. |
|
1933: Royale Custom 8. |
Revere |
|
Roamer |
1925: Series 8-88, 6-54e, and 4-75. |
|
1926: Series 4-75e, and 8-88. |
|
1927-1928: Series 8-88. |
|
1929: Series 8-88, and 8-125. |
|
1930: Series 8-125. |
Rohr |
|
Rolls Royce |
|
Ruxton |
|
Salmson |
|
Squire |
|
Stearns Knight |
|
Stevens Duryea |
|
Steyr |
|
Studebaker |
1929-1933: President, except model 82. |
Stutz |
|
Sunbeam |
|
Talbot |
|
Triumph |
Dolomite 8 and Gloria 6. |
Vauxhall |
Series 25-70 and 30-98 only. |
Voisin |
|
Wills Saint Claire |
|
(d) No commercial vehicles
such as hearses, ambulances, or trucks are considered to be classic cars.
Sec. 3. Minnesota Statutes
2006, section 168.10, subdivision 1c, is amended to read:
Subd. 1c. Collector's vehicle, collector plate.
(a) The owner of any self-propelled motor vehicle, including any truck,
(1) that is (i) at least 20 model years old, or (ii) at least ten model years
old and with a body or engine style of which not more than 500 were
manufactured in or imported into the United States in any model year, (2) that
was manufactured after 1935, and (3) that is owned and operated solely as a
collector's vehicle, shall list the vehicle for taxation and registration as
provided in paragraph (b).
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Day - Wednesday, April 25, 2007 - Top of Page 4393
(b) The owner shall execute
an affidavit stating (1) the name and address of the person from whom purchased
and of the new owner, (2) the make of the motor vehicle, (3) the year and
number of the model, (4) the manufacturer's identification number, (5) in the
case of a vehicle described in paragraph (a), clause (1)(ii), that the vehicle
has a body or engine style of which not more than 500 were manufactured or
imported into the United States in any model year, and (6) that the vehicle is
owned and operated solely as a collector's item and not for general transportation
purposes.
(c) The owner shall provide
a statement of the manufacturer or importer regarding the number of vehicles
manufactured or imported during the model year.
(d) The owner shall also
prove that the owner also has one or more vehicles with regular license plates.
If the registrar
commissioner is satisfied that the affidavit is true and correct and the
owner pays a $25 tax and the plate fee authorized under section 168.12,
the registrar commissioner shall list the vehicle for taxation
and registration and shall issue a single number plate.
(e) The number plate issued
shall bear the inscription "Collector," "Minnesota," and
the registration number or other combination of characters authorized under
section 168.12, subdivision 2a, but no date. The number plate is valid without
renewal as long as the vehicle is in existence in Minnesota. The registrar
commissioner has the power to revoke the plate for failure to comply with
this subdivision.
Sec. 4. Minnesota Statutes
2006, section 168.10, subdivision 1d, is amended to read:
Subd. 1d. Collector's vehicle, street rod license
plate. Any modernized motor vehicle manufactured prior to the year
1949 or designed and manufactured to resemble such vehicle shall be listed for
taxation and registration as follows:
An affidavit shall be
executed stating the name and address of the person from whom purchased and of
the new owner, the make of the motor vehicle, year number of model, and the
manufacturer's identification number. The affidavit shall further state that
the vehicle is owned and operated solely as a street rod and not for general
transportation purposes. The owner must also prove that the owner has one or
more vehicles with regular license plates. If the registrar
commissioner is satisfied that the affidavit is true and correct and the
owner pays a $25 tax and the plate fee authorized under section 168.12,
the registrar commissioner shall list such vehicle for taxation
and registration and shall issue a single number plate.
The number plate issued
shall bear the inscription "Street Rod", "Minnesota" and
the registration number or other combination of characters authorized under
section 168.12, subdivision 2a, but no date. The number plate is valid without
renewal as long as the vehicle is in existence in Minnesota. The registrar
commissioner has the power to revoke such plate for failure to comply with
this subdivision.
Sec. 5. Minnesota Statutes
2006, section 168.10, subdivision 1g, is amended to read:
Subd. 1g. Original plates. A vehicle registered pursuant
to subdivision 1a, 1b, 1c or 1d may in lieu of being issued number plates by
the registrar commissioner display original Minnesota number
plates issued in the same year as the model year of the car on which they are
displayed. The number of the original plates must be provided to the registrar
commissioner. The original plates must be in good condition and shall be
used in pairs one to be displayed in the front of the car and one in the rear,
except for an original plate issued in 1911, 1944, 1945, or 1946 which may be
used singly and displayed at the rear of the vehicle. Original Minnesota
number plates shall not be used if the number on the original plate is
identical to a number on any current street rod plate or any other plate
in a numbering system used by the registrar commissioner without
written authorization from the commissioner. Any person currently using
plates issued pursuant to subdivision 1a, 1b, 1c or 1d shall return those
plates to the registrar commissioner before substituting original
plates. The registrar may commissioner shall charge a fee of
$10 for registering the number on original plates.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4394
Sec. 6. Minnesota Statutes
2006, section 168.10, subdivision 1h, is amended to read:
Subd. 1h. Collector military vehicle. (a) A motor
vehicle, including a truck, shall be listed and registered under this section
if it meets the following conditions:
(1) it is at least 20 years
old;
(2) its first owner following
its manufacture was a branch of the armed forces of the United States and it
presently conforms to the vehicle specifications required during the time of
military ownership, or it has been restored and presently conforms to the
specifications required by a branch of the armed forces for the model year that
the restored vehicle could have been owned by that branch of the armed forces;
and
(3) it is owned by a
nonprofit organization and operated solely as a collector's vehicle. For
purposes of this subdivision, "nonprofit organization" means a
corporation, society, association, foundation, or institution organized and
operated exclusively for historical or educational purposes, no part of the net
earnings of which inures to the benefit of a private individual.
(b) The owner of the vehicle
shall execute an affidavit stating the name and address of the person from whom
purchased and of the new owner; the make, year, and model number of the motor
vehicle; the manufacturer's identification number; and the collector military
vehicle identification number, if any, located on the exterior of the vehicle.
The affidavit must affirm that the vehicle is owned by a nonprofit organization
and is operated solely as a collector's item and not for general transportation
purposes. If the registrar commissioner is satisfied that the
affidavit is true and correct and the owner pays a $25 tax and the plate fee
authorized under section 168.12, the registrar commissioner
shall list the vehicle for taxation and registration and shall issue number
plates. The number plates shall bear the inscriptions "Collector" and
"Minnesota" and the registration number, but no date. The number
plates are valid without renewal as long as the vehicle is in existence in
Minnesota. The registrar commissioner may revoke the plates
for failure to comply with this subdivision.
(c) Notwithstanding section
168.09, 168.12, or other law to the contrary, the owner of a registered
collector military vehicle is not required to display registration plates on the
exterior of the vehicle if the vehicle has an exterior number identification
that conforms to the identifying system for military vehicles in effect when
the vehicle was last owned by the branch of the armed forces of the United
States or in effect in the year to which the collector military vehicle has
been restored. However, the state registration plates must be carried in or on
the collector military vehicle at all times.
(d) The owner of a
registered collector military vehicle that is not required to display
registration plates under paragraph (c) may tow a registered trailer behind it.
The trailer is not required to display registration plates if the trailer:
(1) does not exceed a gross
weight of 15,000 pounds;
(2) otherwise conforms to
registration, licensing, and safety laws and specifications;
(3) conforms to military
specifications for appearance and identification;
(4) is intended to represent
and does represent a military trailer; and
(5) carries registration
plates on or in the trailer or the collector military vehicle towing the
trailer.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4395
Sec. 7. Minnesota Statutes
2006, section 168.10, subdivision 1i, is amended to read:
Subd. 1i. Collector plate transfer.
Notwithstanding section 168.12, subdivision 1, on payment of a transfer fee of
$5, plates issued under this section may be transferred to another vehicle
owned or jointly owned by the person to whom the special plates were issued or
the plate may be assigned to another owner. In addition to the transfer fee a
new owner must pay the $25 plate tax or and any fee
required by section 168.12, subdivision 2a. The $5 fee must be paid into the
state treasury and credited to the highway user tax distribution fund. License
plates issued under this section may not be transferred to a vehicle not
eligible for the collector's vehicle license plates.
Sec. 8. Minnesota Statutes
2006, section 168.12, subdivision 1, is amended to read:
Subdivision 1. Plates; design, visibility, periods of
issuance. (a) The commissioner, upon approval and payment, shall issue to
the applicant the plates required by this chapter, bearing the state name and
an assigned vehicle registration number. The number assigned by the
commissioner may be a combination of a letter or sign with figures. The color
of the plates and the color of the abbreviation of the state name and the
number assigned must be in marked contrast. The plates must be lettered,
spaced, or distinguished to suitably indicate the registration of the vehicle
according to the rules of the commissioner.
(b) When a vehicle is
registered on the basis of total gross weight, the plates issued must clearly
indicate by letters or other suitable insignia the maximum gross weight for
which the tax has been paid.
(c) The plates must be so
treated as to be at least 100 times brighter than the conventional painted
number plates. When properly mounted on an unlighted vehicle, the plates, when
viewed from a vehicle equipped with standard headlights, must be visible for a
distance of not less than 1,500 feet and readable for a distance of not less
than 110 feet.
(d) The commissioner shall
issue plates for the following periods:
(1) New plates issued
pursuant to section 168.012, subdivision 1, must be issued to a vehicle for as
long as the vehicle is owned by the exempt agency and the plate shall not be
transferable from one vehicle to another but the plate may be transferred with
the vehicle from one tax-exempt agency to another.
(2) Plates issued for
passenger automobiles must be issued for a seven-year period. All plates issued
under this paragraph must be replaced if they are seven years old or older at
the time of registration renewal or will become so during the registration
period.
(3) Plates issued under
sections 168.053 and 168.27, subdivisions 16 and 17, must be for a seven-year
period.
(4) Plates issued under
subdivisions 2c and 2d and section 168.123 must be issued for the life of the
veteran under section 169.79.
(5) Plates for any vehicle
not specified in clauses (1) to (3), except for trailers as hereafter
provided, must be issued for the life of the vehicle. Beginning with
plates issued for the year 1981, plates issued for trailers with a total gross
weight of 3,000 pounds or less must be issued for the life of the trailer and
must be not more than seven inches in length and four inches in width.
(e) In a year in which
plates are not issued, the commissioner shall issue for each registration a
sticker to designate the year of registration. This sticker must show the year
or years for which the sticker is issued, and is valid only for that period.
The plates and stickers issued for a vehicle may not be transferred to another
vehicle during the period for which the sticker is issued, except when issued
for a vehicle registered under section 168.187.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4396
(f) Despite any other
provision of this subdivision, plates issued to a vehicle used for
behind-the-wheel instruction in a driver education course in a public school
may be transferred to another vehicle used for the same purpose without payment
of any additional fee. The public school shall notify the commissioner of each
transfer of plates under this paragraph. The commissioner may prescribe a
format for notification.
Sec. 9. Minnesota Statutes
2006, section 168.12, subdivision 2, is amended to read:
Subd. 2. Amateur radio licensee; special plates,
rules. (a) The commissioner shall issue amateur radio plates to an
applicant who:
(1) is an owner of a
passenger automobile or recreational motor vehicle;
(2) is a resident of this
state;
(3) holds an official
amateur radio station license or a citizens radio service class D license, in
good standing, issued by the Federal Communications Commission;
(4) pays the registration
tax required under section 168.013;
(5) pays a fee of $10 for
each set of special plates and any other fees required by this chapter; and
(6) complies with this
chapter and rules governing the registration of motor vehicles and licensing of
drivers;
(b) In lieu of the
registration number required for identification under subdivision 1, the plates
must indicate the official amateur call letters of the applicant, as assigned
by the Federal Communications Commission, and the words "AMATEUR
RADIO."
(c) This provision for the
issue of special plates applies only if the applicant's motor vehicle is
already registered in Minnesota so that the applicant has valid regular
Minnesota plates issued for that motor vehicle under which to operate it during
the time that it will take to have the necessary special plates made.
(d) If owning more than one
motor vehicle of the type specified in this subdivision, the applicant may
apply for special plates for each of not more than two motor vehicles
motor vehicle and, if each application complies with this subdivision, the
commissioner shall furnish the applicant with the special plates, indicating
the official amateur call letters and other distinguishing information as the
commissioner considers necessary, for each of the two motor vehicles.
(e) The commissioner may
make reasonable rules governing the use of the special plates as will assure
the full compliance by the owner of the special plates, with all existing laws
governing the registration of motor vehicles and the transfer and use of the
plates.
(f) Despite any contrary
provision of subdivision 1, the special plates issued under this subdivision
may be transferred by an owner to another motor vehicle listed in paragraph (a)
and registered to the same owner, upon the payment of a fee of $5. The
commissioner must be notified before the transfer and may prescribe a format
for the notification.
Sec. 10. Minnesota Statutes
2006, section 168.12, subdivision 2a, is amended to read:
Subd. 2a. Personalized plates; rules. (a) The
commissioner shall may issue personalized plates or, if requested
for special plates issued under section 168.123 for veterans, 168.124 for medal
of honor recipients, or 168.125 for former prisoners of war, applicable
personalized special veterans plates, to an applicant who:
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4397
(1) is an owner of a
passenger automobile including a passenger automobile registered as a classic
car, pioneer car, collector car, or street rod; any truck with a manufacturer's
nominal rated capacity of one ton or less and resembling a pickup truck; a
motorcycle, including a classic motorcycle; a motorized bicycle; a commuter
van as defined in section 168.126; or a recreational motor vehicle;
(2) pays a onetime fee of
$100 and any other fees required by this chapter;
(3) pays the registration
tax required by this chapter for the motor vehicle; and
(4) complies with this
chapter and rules governing registration of motor vehicles and licensing of
drivers.
(b) The commissioner shall
charge a replacement fee for personalized license plates and personalized
special veterans plates issued under section 168.123 as specified in subdivision
5. This fee must be paid by the applicant whenever the personalized plates are
required to be replaced by law, except that as provided in section 168.124,
subdivision 3, and 168.125, subdivision 1b, no fee may be charged to replace
plates issued under those sections.
(c) In lieu of the
registration number assigned as provided in subdivision 1, personalized plates
and personalized special veterans plates must have imprinted on them a series
of not more than seven numbers and letters, or five numbers and letters for
personalized special veterans plates, in any combination and, as applicable,
satisfy the design requirements of section 168.123, 168.124, or 168.125. When
an applicant has once obtained personalized plates or personalized special
veterans plates, the applicant shall have a prior claim for similar
personalized plates or personalized special veterans plates in the next
succeeding year as long as current motor vehicle registration is maintained.
(d) The commissioner shall
adopt rules in the manner provided by chapter 14, regulating the issuance and
transfer of personalized plates and personalized special veterans plates. No
words or combination of letters placed on these plates may be used for
commercial advertising, be of an obscene, indecent, or immoral nature, or be of
a nature that would offend public morals or decency. The call signals or
letters of a radio or television station are not commercial advertising for the
purposes of this subdivision.
(e) Despite the provisions
of subdivision 1, personalized plates and personalized special veterans plates
issued under this subdivision may be transferred to another motor vehicle
listed in paragraph (a) and owned by the applicant, upon the payment of a fee
of $5.
(f) The commissioner may by
rule specify the format for notification.
(g) A personalized plate or
personalized special veterans plate issued for a classic car, pioneer car,
collector car, street rod, or classic motorcycle may not be transferred to a
vehicle not eligible for such a plate.
(h) Despite any law to the
contrary, if the personalized license plates are lost, stolen, or destroyed,
the applicant may apply and must be issued duplicate license plates bearing the
same combination of letters and numbers and the same design as (1) the former
personalized plates or personalized special veterans plates under section
168.123 upon the payment of the fee required by section 168.29 or (2) the
former personalized special veterans plates issued under section 168.124 or
168.125, without charge.
Sec. 11. Minnesota Statutes
2006, section 168.12, subdivision 2b, is amended to read:
Subd. 2b. Firefighters; special plates, rules.
(a) The commissioner shall issue special plates, or a single license plate in
the case of a motorcycle plate, to any applicant who:
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4398
(1) is both a member of a
fire department receiving state aid under chapter 69 and an owner of a
passenger automobile, a truck with a manufacturer's nominal rated capacity of
one ton and resembling a pickup truck, or a motorcycle;
(2) pays a fee of $10 and
any other fees required by this chapter;
(3) pays the registration
tax required by this chapter for the motor vehicle; and
(4) complies with this
chapter and rules governing the registration of motor vehicles and licensing of
drivers.
(b) In lieu of the
identification required under subdivision 1, the special plates must bear an
emblem of a Maltese Cross together with any numbers or characters prescribed by
the commissioner. No applicant shall receive more than two sets of plates
for motor vehicles owned by the applicant.
(c) Special plates issued
under this subdivision may only be used during the period that the owner of the
motor vehicle is a member of a fire department as specified in this
subdivision. When the individual to whom the special plates were issued is no
longer a member of a fire department or when the motor vehicle ownership is
transferred, the owner shall remove the special plates from the motor vehicle. If
the commissioner receives written notification that an individual is no longer
qualified for these special plates, the commissioner shall invalidate the
plates and notify the individual of this action. The individual may retain the
plate only upon demonstrating compliance with the qualifications of this
subdivision. Upon removal or invalidation of the special plates, or
special motorcycle plate, either the owner or purchaser of the motor vehicle is
entitled to receive regular plates or a regular motorcycle plate for the motor
vehicle without cost for the remainder of the registration period for which the
special plate or plates were issued shall obtain regular plates or a
regular motorcycle plate for the proper registration classification for the
motor vehicle.
(d) A special motorcycle
license plate issued under this subdivision must be the same size as a standard
motorcycle license plate.
(e) Upon payment of a fee of
$5, plates issued under this subdivision for a passenger automobile or truck may
be transferred to another passenger automobile or truck owned or jointly owned
by the person to whom the plates were issued. On payment of a fee of $5, a
plate issued under this subdivision for a motorcycle may be transferred to
another motorcycle owned or jointly owned by the person to whom the plate was
issued.
(f) The commissioner may
adopt rules under the Administrative Procedure Act, sections 14.001 to 14.69,
to govern the issuance and use of the special plates authorized in this
subdivision.
Sec. 12. Minnesota Statutes
2006, section 168.12, subdivision 2c, is amended to read:
Subd. 2c. National Guard; special plates, rules.
(a) The commissioner shall issue special plates to any applicant who:
(1) is a regularly enlisted,
commissioned, or retired member of the Minnesota National Guard, other than an
inactive member who is not a retired member, and is an owner of a passenger
automobile;
(2) pays a fee of $10 and
any other fees required by this chapter;
(3) pays the registration
tax required by this chapter; and
(4) complies with this
chapter and rules governing the registration of motor vehicles and licensing of
drivers.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4399
(b) The adjutant general
shall design the emblem for these special plates subject to the approval of the
commissioner.
(c) An applicant must not be
issued more than two sets of plates for motor vehicles registered to the
applicant.
(d) (c) Special plates issued under
this subdivision may only be used during the period that the owner of the motor
vehicle is an active or retired member of the Minnesota National Guard as
specified in this subdivision. When the individual to whom the special plates
were issued is no longer an active or retired member of the Minnesota National
Guard, the special plates must be removed from the vehicle by the owner. If
the commissioner receives written notification that an individual is no longer
qualified for these special plates, the commissioner shall invalidate the plates
and notify the individual of this action. The individual may retain the plate
only upon demonstrating compliance with the qualifications of this subdivision.
Upon removal or invalidation of the special plates, either the owner
or purchaser of the motor vehicle is entitled to receive regular plates for
the motor vehicle without cost for the remainder of the registration period for
which the special plates were issued shall obtain regular plates for the
motor vehicle.
(e) (d) While the person is an active
or retired member of the Minnesota National Guard, plates issued pursuant to
this subdivision may be transferred to another motor vehicle owned by that
individual upon payment of a fee of $5.
(f) (e) For purposes of this
subdivision, "retired member" means an individual placed on the roll
of retired officers or roll of retired enlisted members in the Office of the
Adjutant General under section 192.18 and who is not deceased.
(g) (f) The commissioner may adopt
rules under the Administrative Procedure Act to govern the issuance and use of
the special plates authorized by this subdivision.
Sec. 13. Minnesota Statutes
2006, section 168.12, subdivision 2d, is amended to read:
Subd. 2d. Ready Reserve; special plates, rules.
(a) The commissioner shall issue special plates to an applicant who:
(1) is not eligible for
special National Guard plates under subdivision 2c, is a member of the United
States armed forces ready reserve as described in United States Code, title 10,
section 10142 or 10143, or a retired reserve as described in United States
Code, title 10, section 10154, and is an owner of a passenger automobile;
(2) pays a fee of $10 and
any other fees required by this chapter;
(3) pays the registration
tax required by this chapter; and
(4) complies with this
chapter and rules governing the registration of motor vehicles and licensing of
drivers.
(b) The commissioner of
veterans affairs shall design the emblem for these special plates subject to
the approval of the commissioner.
(c) An applicant must not be
issued more than two sets of plates for motor vehicles owned by the applicant.
(d) (c) Special plates issued under
this subdivision may only be used during the period that the owner of the motor
vehicle is a member of the ready reserve. When the owner is no longer a member,
the special plates must be removed from the motor vehicle by the owner. If
the commissioner receives written notification that an individual is no longer
qualified for these special plates, the commissioner shall invalidate the
plates and notify the individual of
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this action. The individual may retain the plate
only upon demonstrating compliance with the qualifications of this subdivision.
On removing
removal or invalidation of the special plates, either the owner or
purchaser of the motor vehicle is entitled to receive regular plates for the
motor vehicle without cost for the rest of the registration period for which
the special plates were issued shall obtain regular plates for the motor
vehicle. While the owner is a member of the ready reserve, plates issued
under this subdivision may be transferred to another motor vehicle owned by
that individual on paying a fee of $5.
(e) (d) The commissioner may adopt
rules under the Administrative Procedure Act to govern the issuance and use of
the special plates authorized by this subdivision.
Sec. 14. Minnesota Statutes
2006, section 168.12, subdivision 2e, is amended to read:
Subd. 2e. Volunteer ambulance attendants; special
plates. (a) The commissioner shall issue special license plates to an
applicant who:
(1) is a volunteer ambulance
attendant as defined in section 144E.001, subdivision 15, and owns a motor
vehicle taxed as a passenger automobile;
(2) pays the registration
tax required by this chapter for the motor vehicle;
(3) pays a fee of $10 and
any other fees required by this chapter; and
(4) complies with this
chapter and rules governing the registration of motor vehicles and licensing of
drivers.
(b) The commissioner shall
not issue more than two sets of these plates to each qualified applicant.
(c) (b) An individual may use
special plates issued under this subdivision only during the period that the
individual is a volunteer ambulance attendant. When the individual to whom the
special plates were issued ceases to be a volunteer ambulance attendant, the
individual shall remove each set of special plates issued. If the
commissioner receives written notification that an individual is no longer
qualified for these special plates, the commissioner shall invalidate the
plates and notify the individual of this action. The individual may retain the
plate only upon demonstrating compliance with the qualifications of this
subdivision. When ownership of the motor vehicle is transferred, the
individual shall remove the special plates from that motor vehicle. On removal
or invalidation of each set of the special plates, the owner or
purchaser of the motor vehicle, or new owner in case of a transferred motor
vehicle, is entitled to receive regular plates for the motor vehicle without
cost for the rest of the registration period for which the set of special
plates were issued shall obtain regular plates for the motor vehicle.
Special plates issued under this subdivision may be transferred to another
motor vehicle owned by the volunteer ambulance attendant on payment of a fee of
$5.
(d) (c) The commissioner may adopt
rules governing the design, issuance, and sale of the special plates authorized
by this subdivision.
ARTICLE 5
VEHICLE SIZE, WEIGHT, AND
LOAD RESTRICTIONS
Section 1. Minnesota
Statutes 2006, section 169.01, subdivision 78, is amended to read:
Subd. 78. Recreational vehicle combination. (a)
"Recreational vehicle combination" means a combination of vehicles
consisting of a full-size pickup truck as defined in section 168.011,
subdivision 29, attached by means of a fifth-wheel coupling to a camper-semitrailer
middle vehicle which has hitched to it a trailer carrying a
watercraft as
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defined in section 86B.005, subdivision 18;
off-highway motorcycle as defined in section 84.787, subdivision 7; motorcycle;
motorized bicycle; snowmobile as defined in section 84.81, subdivision 3;
all-terrain vehicle as defined in section 84.92, subdivision 8; motorized golf
cart; or equestrian equipment or supplies.
(b) For purposes of this
subdivision:,
(1) a "fifth-wheel
coupling" is a coupling between a camper-semitrailer middle vehicle
and a towing full-size pickup truck in which a portion of the weight of
the camper-semitrailer towed middle vehicle is carried over or
forward of the rear axle of the towing pickup.
(2) A
"camper-semitrailer" is a trailer, other than a manufactured home as
defined in section 327B.01, subdivision 13, designed for human habitation and
used for vacation or recreational purposes for limited periods.
Sec. 2. Minnesota Statutes
2006, section 169.01, is amended by adding a subdivision to read:
Subd. 92. Full-size pickup truck. "Full-size pickup
truck" means any truck with a manufacturer's nominal rated carrying
capacity of one ton or less and commonly known as or resembling a pickup truck.
Sec. 3. Minnesota Statutes
2006, section 169.81, subdivision 2, is amended to read:
Subd. 2. Length of single vehicle; exceptions.
(a) Statewide, no single vehicle may exceed 40 45 feet in overall
length, including load and front and rear bumpers, except:
(1) mobile cranes, which may
not exceed 48 feet in overall length;.
(2) buses, which may not
exceed 45 feet in overall length; and
(3) type A, B, or C motor
homes as defined in section 168.011, subdivision 25, paragraph (c), which may
not exceed 45 feet in overall length.
(b) Statewide, no
semitrailer may exceed 48 feet in overall length, including bumper and load,
but excluding non-cargo-carrying equipment, such as refrigeration units or air
compressors, necessary for safe and efficient operation and located on the end
of the semitrailer adjacent to the truck-tractor. However, statewide, a single
semitrailer may exceed 48 feet, but not 53 feet, if the distance from the
kingpin to the centerline of the rear axle group of the semitrailer does not
exceed 43 feet.
(c) Statewide, no single
trailer may have an overall length exceeding 45 feet, including the tow bar
assembly but exclusive of rear bumpers that do not increase the overall length
by more than six inches.
(d) For determining
compliance with this subdivision, the length of the semitrailer or trailer must
be determined separately from the overall length of the combination of
vehicles.
(e) No semitrailer or
trailer used in a three-vehicle combination may have an overall length in
excess of 28-1/2 feet, exclusive of:
(1) non-cargo-carrying
accessory equipment, including refrigeration units or air compressors and upper
coupler plates, necessary for safe and efficient operation, located on the end
of the semitrailer or trailer adjacent to the truck or truck-tractor;
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(2) the tow bar assembly;
and
(3) lower coupler equipment
that is a fixed part of the rear end of the first semitrailer or trailer.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 169.81, subdivision 3c, is amended to read:
Subd. 3c. Recreational vehicle combination.
Notwithstanding subdivision 3, a recreational vehicle combination may be
operated without a permit if:
(1) the combination does not
consist of more than three vehicles, and the towing rating of the full-size
pickup truck is equal to or greater than the total weight of all vehicles being
towed;
(2) the combination does not
exceed 70 feet in length;
(3) the middle vehicle in
the combination does not exceed 28 feet in length;
(4) the operator of the
combination is at least 18 years of age;
(5) (4) the trailer is only
carrying a watercraft, motorcycle, motorized bicycle, off-highway motorcycle,
snowmobile, all-terrain vehicle, motorized golf cart, or equestrian equipment
or supplies, and meets all requirements of law;
(6) (5) the trailers
vehicles in the combination are connected to the full-size pickup
truck and each other in conformity with section 169.82; and
(7) (6) the combination is not
operated within the seven-county metropolitan area, as defined in section
473.121, subdivision 2, during the hours of 6:00 a.m. to 9:00 a.m. and 4:00
p.m. to 7:00 p.m. on Mondays through Fridays.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes
2006, section 169.823, subdivision 1, is amended to read:
Subdivision 1. Pneumatic-tired vehicle. No vehicle or
combination of vehicles equipped with pneumatic tires shall be operated upon
the highways of this state:
(1) where the gross weight
on any wheel exceeds 9,000 pounds, except that on paved county state-aid
highways, paved county roads, designated local routes, and state
trunk highways the gross weight on any single wheel shall not exceed 10,000
pounds unless posted;
(2) where the gross weight
on any single axle exceeds 18,000 pounds, except that on paved county
state-aid highways, paved county roads, designated local routes, and
state trunk highways the gross weight on any single axle shall not exceed
20,000 pounds unless posted;
(3) where the maximum wheel
load:
(i) on the foremost and
rearmost steering axles, exceeds 600 pounds per inch of tire width or the
manufacturer's recommended load, whichever is less; or
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(ii) on other axles, exceeds
500 pounds per inch of tire width or the manufacturer's recommended load,
whichever is less. This item applies to new vehicles manufactured after
August 1, 1991. For vehicles manufactured before August 2, 1991, the maximum
weight per inch of tire width is 600 pounds per inch or the manufacturer's
recommended load, whichever is less, until August 1, 1996. After July 31, 1996,
this item applies to all vehicles regardless of date of manufacture;
(4) where the gross weight
on any axle of a tridem exceeds 15,000 pounds, except that for vehicles to
which an additional axle has been added prior to June 1, 1981, the maximum
gross weight on any axle of a tridem may be up to 16,000 pounds provided the
gross weight of the tridem combination does not exceed 39,900 pounds where the
first and third axles of the tridem are spaced nine feet apart;
(5) where the gross weight
on any group of axles exceeds the weights permitted under sections 169.822 to
169.829 with any or all of the interior axles disregarded, and with an exterior
axle disregarded if the exterior axle is a variable load axle that is not
carrying its intended weight, and their gross weights subtracted from the gross
weight of all axles of the group under consideration.
Sec. 6. Minnesota Statutes
2006, section 169.824, subdivision 2, is amended to read:
Subd. 2. Gross vehicle weight of all axles. (a)
Notwithstanding the provisions of section 169.85, the gross vehicle weight of
all axles of a vehicle or combination of vehicles shall must not
exceed:
(1) 80,000 pounds for any
vehicle or combination of vehicles on all state (i) trunk
highways as defined in section 160.02, subdivision 29, and for all
(ii) routes designated under section 169.832, subdivision 11, and (iii)
paved county highways, including paved county state-aid highways;
(2) 88,000 pounds for any
vehicle or combination of vehicles with six or more axles while exclusively
engaged in hauling livestock on all state trunk highways other than interstate
highways, if the vehicle has a permit under section 169.86, subdivision 5,
paragraph (k); and
(3) 73,280 pounds for any
vehicle or combination of vehicles with five axles or less on all routes, other
than state trunk highways and routes that are designated under section
169.832, subdivision 11, except that a vehicle needing reasonable access to a
terminal or facilities for food, fuel, repairs, and rest, located within three
miles of a ten-ton route, may not exceed 80,000 pounds. "Terminal"
means any location where freight either originates, terminates, or is handled
in the transportation process, or where commercial motor carriers maintain
operating facilities; and routes identified in clause (1).
(4) 80,000 pounds for any
vehicle or combination of vehicles with six or more axles on all routes, other
than state trunk highways and routes that are designated under section 169.832,
subdivision 11.
(b) The maximum weights
specified in this section for five consecutive axles shall not apply to a four-axle
ready-mix concrete truck which was equipped with a fifth axle prior to June 1,
1981. The maximum gross weight on four or fewer consecutive axles of vehicles
excepted by this clause shall not exceed any maximum weight specified for four
or fewer consecutive axles in this section.
(b) Notwithstanding the
maximum weight provisions of this section and section 169.85, and in order to
promote the reduction of fuel use and emissions because of engine idling, the
maximum gross vehicle weight limits and the axle weight limits for any motor
vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction
technology must be increased by the amount of weight necessary to compensate
for the weight of the idle reduction technology, not to exceed 400 pounds. At
the request of an authorized representative of the Department of Transportation
or Department of Public Safety the vehicle operator shall provide proof that
the vehicle is equipped with this technology through documentation or
demonstration.
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Sec. 7. Minnesota Statutes
2006, section 169.8261, is amended to read:
169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS.
(a) A vehicle or combination
of vehicles hauling raw or unfinished forest products, including wood chips, paper,
pulp, oriented strand board, laminated strand lumber, hardboard, treated
lumber, untreated lumber, or barrel staves, by the most direct route to the
nearest highway that has been designated under section 169.832, subdivision 11,
may be operated on any highway with gross weights permitted under sections
169.822 to 169.829 without regard to load restrictions imposed on that highway,
except that the vehicles must:
(1) comply with seasonal
load restrictions in effect between the dates set by the commissioner under
section 169.87, subdivision 2;
(2) comply with bridge load
limits posted under section 169.84;
(3) be equipped and operated
with six axles and brakes on all wheels;
(4) not exceed 90,000 pounds
gross weight, or 98,000 99,000 pounds gross weight during the
time when seasonal increases are authorized under section 169.826;
(5) not be operated on
interstate and defense highways;
(6) obtain an annual permit
from the commissioner of transportation;
(7) obey all road postings;
and
(8) not exceed 20,000 pounds
gross weight on any single axle.
(b) A vehicle operated under
this section may exceed the legal axle weight limits listed in section 169.824
by not more than 12.5 percent; except that, the weight limits may be exceeded
by not more than 22.5 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.
Sec. 8. Minnesota Statutes
2006, section 169.86, subdivision 5, is amended to read:
Subd. 5. Fee; proceeds deposited; appropriation.
The commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such fees for
permits issued by the commissioner of transportation shall be deposited in the state
treasury and credited to the trunk highway fund. Except for those annual
permits for which the permit fees are specified elsewhere in this chapter, the
fees shall be:
(a) $15 for each single trip
permit.
(b) $36 for each job permit.
A job permit may be issued for like loads carried on a specific route for a
period not to exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit
to be issued for a period not to exceed 12 consecutive months. Annual permits
may be issued for:
(1) motor vehicles used to
alleviate a temporary crisis adversely affecting the safety or well-being of
the public;
(2) motor vehicles which
travel on interstate highways and carry loads authorized under subdivision 1a;
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(3) motor vehicles operating
with gross weights authorized under section 169.826, subdivision 1a;
(4) special pulpwood
vehicles described in section 169.863;
(5) motor vehicles bearing
snowplow blades not exceeding ten feet in width; and
(6) noncommercial
transportation of a boat by the owner or user of the boat.; and
(7) motor vehicles carrying
bales of agricultural products authorized under section 169.862.
(d) $120 for an oversize
annual permit to be issued for a period not to exceed 12 consecutive months.
Annual permits may be issued for:
(1) mobile cranes;
(2) construction equipment,
machinery, and supplies;
(3) manufactured homes and
manufactured storage buildings;
(4) implements of husbandry
when the movement is not made according to the provisions of paragraph (i);
(5) double-deck buses;
(6) commercial boat hauling;
and
(7) three-vehicle
combinations consisting of two empty, newly manufactured trailers for cargo,
horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a
trailer dealer only while operating on twin-trailer routes designated under
section 169.81, subdivision 3, paragraph (c).
(e) For vehicles which have
axle weights exceeding the weight limitations of sections 169.822 to 169.829,
an additional cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision 3, paragraph
(b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the
allowance weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled times the sum
of the overweight axle group cost factors shown in the following chart:
Overweight
Axle Group Cost Factors
Cost
Per Mile For Each Group Of:
Weight (pounds)
exceeding weight Two consecutive axles Three consecutive axles Four consecutive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less
9 feet or
less 14
feet or less
0-2,000
.12
.05
.04
2,001-4,000
.14
.06
.05
4,001-6,000
.18
.07
.06
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6,001-8,000
.21
.09
.07
8,001-10,000
.26
.10
.08
10,001-12,000
.30
.12
.09
12,001-14,000
Not permitted
.14
.11
14,001-16,000
Not permitted
.17
.12
16,001-18,000
Not permitted
.19
.15
18,001-20,000
Not permitted
Not permitted .16
20,001-22,000
Not permitted
Not permitted
.20
The amounts added are
rounded to the nearest cent for each axle or axle group. The additional cost
does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to
exceed the appropriate maximum permitted weight, a cost-per-mile fee of 22
cents per ton, or fraction of a ton, over the permitted maximum weight is
imposed in addition to the normal permit fee. Miles must be calculated based on
the distance already traveled in the state plus the distance from the point of
detection to a transportation loading site or unloading site within the state
or to the point of exit from the state.
(f) As an alternative to
paragraph (e), an annual permit may be issued for overweight, or oversize and
overweight, construction equipment, machinery, and supplies. The fees for the
permit are as follows:
Gross Weight (pounds) of Vehicle Annual
Permit Fee
90,000 or
less $200
90,001 - 100,000
$300
100,001 - 110,000
$400
110,001 - 120,000
$500
120,001 - 130,000
$600
130,001 - 140,000
$700
140,001 - 145,000
$800
If the gross weight of the
vehicle is more than 145,000 pounds the permit fee is determined under paragraph
(e).
(g) For vehicles which
exceed the width limitations set forth in section 169.80 by more than 72
inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section
169.87 are in effect.
(h) $85 for an annual permit
to be issued for a period not to exceed 12 months, for refuse-compactor
vehicles that carry a gross weight of not more than: 22,000 pounds on a single
rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to
46,000 pounds on a tridem rear axle must limit the gross vehicle weight to not
more than 62,000 pounds.
(i) For vehicles exclusively
transporting implements of husbandry, an annual permit fee of $24. A vehicle
operated under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by the
commissioner if:
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(1) the total width of the
transporting vehicle, including load, does not exceed 14 feet;
(2) the vehicle is operated
only between sunrise and 30 minutes after sunset, and is not operated at any time
after 12:00 noon on Sundays or holidays;
(3) the vehicle is not
operated when visibility is impaired by weather, fog, or other conditions that
render persons and other vehicles not clearly visible at 500 feet;
(4) the vehicle displays at
the front and rear of the load or vehicle a pair of flashing amber lights, as
provided in section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and
(5) the vehicle is not
operated on a trunk highway with a surfaced roadway width of less than 24 feet
unless such operation is authorized by the permit.
A permit under this
paragraph authorizes movements of the permitted vehicle on an interstate
highway, and movements of 75 miles or more on other highways.
(j) $300 for a motor vehicle
described in section 169.8261. The fee under this paragraph must be deposited
as follows:
(1) in fiscal years 2005
through 2010:
(i) the first $50,000 in
each fiscal year must be deposited in the trunk highway fund for costs related
to administering the permit program and inspecting and posting bridges;
(ii) all remaining money in
each fiscal year must be deposited in a bridge inspection and signing account
in the special revenue fund. Money in the account is appropriated to the
commissioner for:
(A) inspection of local
bridges and identification of local bridges to be posted, including contracting
with a consultant for some or all of these functions; and
(B) erection of
weight-posting signs on local bridges; and
(2) in fiscal year 2011 and
subsequent years must be deposited in the trunk highway fund.
(k) Beginning August 1,
2006, $200 for an annual permit for a vehicle operating under authority of
section 169.824, subdivision 2, paragraph (a), clause (2).
Sec. 9. Minnesota Statutes
2006, section 169.862, is amended to read:
169.862 PERMIT FOR WIDE LOAD OF BALED AGRICULTURAL PRODUCT.
Subdivision 1. Annual permit authority; restrictions. (a)
The commissioner of transportation with respect to highways under the
commissioner's jurisdiction, and local authorities with respect to highways
under their jurisdiction, may issue an annual permit to enable a vehicle
carrying round bales of hay, straw, or cornstalks, with a total outside
width of the vehicle or the load not exceeding 11-1/2 12 feet, and
a total height of the loaded vehicle not exceeding 15 feet, to be operated
on public streets and highways.
(b) The commissioner of
transportation and local authorities may issue an annual permit to enable a
vehicle, having a maximum width of 102 inches, carrying a first haul of square
bales of straw, each bale having a minimum size of four feet by four feet by
eight feet, with a total outside width of the load not exceeding 12 feet, to be
operated on public streets and highways between August 1 and March 1 within 35
miles of the border between this state and the state of North Dakota.
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(c) The commissioner of
transportation and local authorities may issue an annual permit to enable a
vehicle carrying square bales of hay, each with an outside dimension of not
less than three feet by four feet by seven feet, with a total height of the
loaded vehicle not exceeding 15 feet, to be operated on those public streets
and highways designated in the permit.
Subd. 2. Additional restrictions. Permits issued
under this section are governed by the applicable provisions of section 169.86
except as otherwise provided herein and, in addition, carry the following
restrictions:
(a) The vehicles may not be
operated between sunset and sunrise, when visibility is impaired by weather,
fog, or other conditions rendering persons and vehicles not clearly visible at
a distance of 500 feet, or on Sunday from noon until sunset, or on the days the
following holidays are observed: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day.
(b) The vehicles may not be
operated on interstate highways.
(c) The vehicles may not be
operated on a trunk highway with a pavement less than 24 feet wide.
(d) A vehicle operated under
the permit must be equipped with a retractable or removable mirror on the left
side so located that it will reflect to the driver a clear view of the highway
for a distance of at least 200 feet to the rear of the vehicle.
(e) A vehicle operated under
the permit must display red, orange, or yellow flags, 18 inches square, as
markers at the front and rear and on both sides of the load. The load must be
securely bound to the transporting vehicle.
(f) Farm vehicles not for
hire carrying round baled hay less than 20 miles are exempt from the
requirement to obtain a permit. All other requirements of this section apply to
vehicles transporting round baled hay.
The fee for the permit is
$24.
Sec. 10. Minnesota Statutes
2006, section 169.864, subdivision 1, is amended to read:
Subdivision 1. Special three-unit vehicle permit. The
commissioner may issue a permit for a vehicle that meets the following
requirements:
(1) is a combination of
vehicles, including a truck-tractor and a semitrailer drawing one additional
semitrailer, which may be equipped with an auxiliary dolly, and no semitrailer
used in the three-vehicle combination has an overall length in excess of 28-1/2
feet;
(2) has a maximum gross
vehicle weight of 108,000 pounds;
(3) complies with the axle
weight limits in section 169.824 or with the federal bridge formula for axle
groups not described in that section;
(4) complies with the tire
weight limits in section 169.823 or the tire manufacturers' recommended load,
whichever is less;
(5) is operated only in this
state on Trunk Highway marked 2 between Grand Rapids and the port of Duluth; on
Trunk Highway marked 169 between Grand Rapids and its junction with Trunk
Highway marked 53; on Trunk Highway marked 194 between Trunk Highway marked
2 and Trunk Highway marked 53; and on Trunk Highway marked 53 between
Virginia and the port of Duluth; and
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(6) the seasonal weight
increases authorized under section 169.826, subdivision 1, do not apply.
Sec. 11. Minnesota Statutes
2006, section 169.864, subdivision 2, is amended to read:
Subd. 2. Special two-unit vehicle permit. The
commissioner may issue a permit for a vehicle that meets the following
requirements:
(1) is a combination of
vehicles consisting of a truck-tractor and a single semitrailer that may exceed
48 feet, but not 53 feet, if the distance from the kingpin to the centerline of
the rear axle group of the semitrailer does not exceed 43 feet;
(2) has a maximum gross
vehicle weight of 90,000 pounds or 97,000 pounds if the truck has seven
axles;
(3) has a maximum gross
vehicle weight of 98,000 pounds during the time when seasonal weight increases
authorized under section 169.826, subdivision 1, are in effect;
(4) complies with the axle
weight limits in section 169.824 or with the federal bridge formula for axle
groups not described in that section;
(5) complies with the tire
weight limits in section 169.823 or the tire manufacturers' recommended load,
whichever is less; and
(6) is operated only on the
highways specified in subdivision 1, clause (5).
Sec. 12. [169.865] EXTENDED WEIGHT LIMIT PERMITS.
Subdivision 1. Six-axle vehicles. (a) A road authority may issue an
annual permit authorizing a vehicle or combination of vehicles with a total of
six axles to haul raw or unprocessed agricultural products and be operated with
a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the
period set by the commissioner under section 169.826, subdivision 1.
(b) Notwithstanding
subdivision 4, paragraph (a), clause (4), a vehicle or combination of vehicles
operated under this subdivision and transporting only sealed intermodal
containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.
(c) The fee for a permit
issued under this subdivision is $300.
Subd. 2. Seven-axle vehicles. (a) A road authority may issue an
annual permit authorizing a vehicle or combination of vehicles with a total of
seven axles to haul raw or unprocessed agricultural products and be operated
with a gross vehicle weight of up to:
(1) 97,000 pounds; and
(2) 99,000 pounds during the
period set by the commissioner under section 169.826, subdivision 1.
(b) Drivers of vehicles
operating under this subdivision must comply with driver qualification
requirements adopted under section 221.0314, subdivisions 2 to 5, and Code of
Federal Regulations, title 49, parts 40 and 382.
(c) The fee for a permit
issued under this subdivision is $500.
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Subd. 3. Single unit vehicles. (a) A road authority may issue an
annual permit authorizing a single unit vehicle with a total of seven axles up
to 45 feet in length to haul raw or unprocessed agricultural products and be
operated with a gross vehicle weight of up to:
(1) 80,000 pounds; and
(2) 88,000 pounds during the
period set by the commissioner under section 169.826, subdivisions 1 and 1a.
(b) The fee for a permit
issued under this subdivision is $300.
Subd. 4. Requirements; restrictions. (a) A vehicle or combination
of vehicles operating under this section:
(1) is subject to axle
weight limitations under section 169.824, subdivision 1;
(2) is subject to seasonal
load restrictions under section 169.87;
(3) is subject to bridge
load limits posted under section 169.84;
(4) may only be operated on
trunk highways other than interstate highways, and on local roads designated
under section 169.832, subdivision 11;
(5) may not be operated with
loads that exceed the manufacturer's gross vehicle weight rating as affixed to
the vehicle, or other certification of gross vehicle weight rating complying
with Code of Federal Regulations, title 49, parts 567.4 to 567.7;
(6) must be issued a permit
from each road authority having jurisdiction over a road on which the vehicle
is operated, if required;
(7) must comply with the
requirements of section 169.851, subdivision 4; and
(8) must have brakes on all
wheels.
(b) The percentage
allowances for exceeding gross weights if transporting unfinished forest
products under section 168.013, subdivision 3, paragraph (b), or for the first
haul of unprocessed or raw farm products or unfinished forest products under
section 168.013, subdivision 3, paragraph (d), clause (3), do not apply to a
vehicle or combination of vehicles operated under this section.
Subd. 5. Deposit of revenues; appropriation. (a) Revenue from the
permits issued under this section must be deposited:
(1) in fiscal years 2007
through 2010, in the bridge inspection and signing account in the special
revenue fund; and
(2) in fiscal year 2011 and
subsequent years, in the trunk highway fund.
(b) The revenue in the
bridge inspection and signing account under this section is annually
appropriated to the commissioner for:
(1) inspection of local
bridges and identification of local bridges to be posted, including contracting
with a consultant for some or all of these functions; and
(2) erection of weight
posting signs on local bridges.
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Sec. 13. Minnesota Statutes
2006, section 169.87, subdivision 4, is amended to read:
Subd. 4. Vehicle transporting milk. Until
June 1, 2007, A weight restriction imposed under subdivision 1 by the
commissioner of transportation or a local road authority, or imposed by
subdivision 2, does not apply to a vehicle transporting milk from the point of
production to the point of first processing if, at the time the weight
restriction is exceeded, the vehicle is carrying milk loaded at only one point
of production. This subdivision does not authorize a vehicle described in this
subdivision to exceed a weight restriction of five tons per axle by more than
two tons per axle.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 14. Laws 2005, First
Special Session chapter 1, article 4, section 39, the effective date, is
amended to read:
EFFECTIVE DATE. This section is effective the latter of August 1, 2006, or
the date on which the commissioner determines that building permits have been
issued for the construction of a new pulp and paper manufacturing facility at
Grand Rapids 2007.
Sec. 15. CONDITIONAL EFFECTIVE DATE.
Sections 5, 6, and 10, are
effective July 1, 2007, if an increase in the excise tax on gasoline under
Minnesota Statutes, section 296A.07, to 30 cents per gallon is enacted during
the 2007 legislative session.
ARTICLE 6
COMMERCIAL MOTOR VEHICLES
Section 1. [160.2721] COMMERCIAL VEHICLE DRIVERS AT
REST AREAS.
(a) The commissioner shall
allow a commercial motor vehicle operator who is subject to hours of service
regulations under Code of Federal Regulations, title 49, part 395, to stop and
park continuously, for a period of up to ten hours as necessary to comply with
the hours of service regulations, at any Department of Transportation safety
rest area or travel information center that has parking stalls designed to
accommodate a commercial motor vehicle, as defined in section 169.01,
subdivision 75.
(b) Any clause or provision
in a lease or other agreement for the operation of a Department of
Transportation safety rest area or travel information center that purports to
limit the requirements under paragraph (a) is void and without effect.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes
2006, section 168.013, subdivision 1e, is amended to read:
Subd. 1e. Truck; tractor; combination; exceptions.
(a) On trucks and tractors except those in this chapter defined as farm trucks,
on truck-tractor and semitrailer combinations except those defined as farm
combinations, and on commercial zone vehicles, the tax based on total gross
weight shall be graduated according to the Minnesota base rate schedule
prescribed in this subdivision, but in no event less than $120.
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Minnesota Base Rate Schedule
Scheduled taxes include five
percent
surtax provided for in
subdivision 14
TOTAL GROSS WEIGHT
IN
POUNDS TAX
A 0 - 1,500 $15
B 1,501 - 3,000 20
C 3,001 - 4,500 25
D 4,501 - 6,000 35
E 6,001 - 9,000 10,000 45
F 9,001 10,001 - 12,000 70
G 12,001 - 15,000 105
H 15,001 - 18,000 145
I 18,001 - 21,000 190
J 21,001 - 26,000 270
K 26,001 - 33,000 360
L 33,001 - 39,000 475
M 39,001 - 45,000 595
N 45,001 - 51,000 715
O 51,001 - 57,000 865
P 57,001 - 63,000 1015
Q 63,001 - 69,000 1185
R 69,001 - 73,280 1325
S 73,281 - 78,000 1595
T 78,001 - 81,000 80,000 1760
(b) For purposes of the
Minnesota base rate schedule, for vehicles with six or more axles in the
"S" and "T" categories, the base rates are $1,520 and
$1,620 respectively.
(c) For each vehicle with a
gross weight in excess of 81,000 80,000 pounds an additional tax
of $50 is imposed for each ton or fraction thereof in excess of 81,000 80,000
pounds, subject to subdivision 12.
(d) For purposes of
registration identification, for vehicles registered in the "O"
category, the owner must declare at the time of registration whether the
vehicle will carry a weight of 55,000 pounds or more and therefore be subject
to the federal heavy vehicle use tax. For those owners who declare a weight
less than 55,000 pounds, a distinctive weight sticker must be issued and the
owner is restricted to a gross vehicle weight of less than 55,000 pounds.
(e) Truck-tractors except those
herein defined as farm and commercial zone vehicles shall be taxed in accord
with the foregoing gross weight tax schedule on the basis of the combined gross
weight of the truck-tractor and any semitrailer or semitrailers which the
applicant proposes to combine with the truck-tractor.
(e) (f) Commercial zone
trucks include only trucks, truck-tractors, and semitrailer combinations which
are:
(1) used by an authorized
local cartage carrier operating under a permit issued under section 221.296 and
whose gross transportation revenue consists of at least 60 percent obtained
solely from local cartage carriage, and are operated solely within an area
composed of two contiguous cities of the first class and municipalities
contiguous thereto as defined by section 221.011, subdivision 17; or
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(2) operated by an interstate
carrier registered under section 221.60, or by an authorized local cartage
carrier or other carrier receiving operating authority under chapter 221,
and operated solely within a zone exempt from regulation pursuant to United
States Code, title 49, section 13506.
(f) (g) The license
plates issued for commercial zone vehicles shall be plainly marked. A person
operating a commercial zone vehicle outside the zone or area in which its
operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
penalty therefor, the registrar shall have revoke
the registration of the vehicle as a commercial zone vehicle revoked by the
registrar and shall be required to reregister require that
the vehicle be registered at 100 percent of the full annual tax
prescribed in the Minnesota base rate schedule, and no part of this tax shall
may be refunded during the balance of the registration year.
(g) (h) On commercial
zone trucks the tax shall be based on the total gross weight of the vehicle and
during each of the first eight years of vehicle life shall be is
75 percent of the Minnesota base rate schedule. During the ninth and succeeding
years of vehicle life the tax shall be is 50 percent of the
Minnesota base rate schedule.
(h) (i) On trucks,
truck-tractors and semitrailer combinations, except those defined as farm
trucks and farm combinations, and except for those commercial zone vehicles
specifically provided for in this subdivision, the tax for each of the first
eight years of vehicle life shall be is 100 percent of the tax
imposed in the Minnesota base rate schedule, and during the ninth and
succeeding years of vehicle life, the tax shall be is 75 percent
of the Minnesota base rate prescribed by this subdivision.
(i) (j) For the purpose
of registration, trailers coupled with a truck-tractor, semitrailer combination
are semitrailers.
Sec. 3. Minnesota Statutes
2006, section 169.781, is amended to read:
169.781 ANNUAL COMMERCIAL VEHICLE INSPECTION; INSPECTORS, FEE, PENALTY.
Subdivision 1. Definitions. For purposes of sections
169.781 to 169.783:
(a) "Commercial motor
vehicle":
(1) means a motor vehicle or
combination of motor vehicles used to transport passengers or property if the
motor vehicle:
(1) a commercial motor
vehicle as defined in section 169.01, subdivision 75, paragraph (a); and (i) has a gross vehicle
weight of more than 26,000 pounds;
(2) each (ii) is a vehicle in a combination of
more than 26,000 pounds.;
(iii) is a bus; or
(iv) is of any size and is
used in the transportation of hazardous materials that are required to be
placarded under Code of Federal Regulations, title 49, parts 100-185; and
"Commercial motor vehicle"
(2) does not include (1)
(i) a school bus or Head Start bus displaying a certificate under section
169.451, (2) or (ii) 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.
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(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.
Subd. 2. Inspection required. (a) It is
unlawful for a person to operate or permit the operation of:
(1) a commercial motor
vehicle registered in Minnesota; 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 in violation of the requirements of paragraph (b).
(b) A vehicle displays
described in paragraph (a):
(1) must display a valid safety inspection
decal issued by an inspector certified by the commissioner, or the vehicle
carries (1); or
(2) must carry (i) proof that the vehicle
complies with federal motor vehicle inspection requirements for vehicles in interstate
commerce, and (2) (ii) a certificate of compliance with federal
requirements issued by the commissioner under subdivision 9.
Subd. 3. Inspector certification; suspension and
revocation; hearing. (a) An inspection required by this section may be performed
only by:
(1) an employee of the
Department of Public Safety or Transportation who has been certified by the
commissioner after having received training provided by the State Patrol; or
(2) another person who has
been certified by the commissioner after having received training provided by
the State Patrol or other training approved by the commissioner.
(b) A person who is not an
employee of the Department of Public Safety or Transportation may be certified
by the commissioner if the person is:
(1) an owner, or employee of
the owner, of one or more commercial motor vehicles that are power units;
(2) a dealer licensed under
section 168.27 and engaged in the business of buying and selling commercial
motor vehicles, or an employee of the dealer; or
(3) engaged in the business
of repairing and servicing commercial motor vehicles.; or
(4) employed by a
governmental agency that owns commercial vehicles.
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(c) Certification of persons
described in paragraph (b), clauses (1) to (3) (4), is effective
for two years from the date of certification. The commissioner may require
biennial retraining of persons holding a certificate under paragraph (b) as a
condition of renewal of the certificate. The commissioner may charge a fee of
not more than $10 for each certificate issued and renewed. A certified person
described in paragraph (b), clauses (1) to (3) (4), may charge a
reasonable fee for each inspection of a vehicle not owned by the person or the
person's employer.
(d) Except as otherwise
provided in subdivision 5, the standards adopted by the commissioner for
commercial motor vehicle inspections under sections 169.781 to 169.783 shall
must be the standards prescribed in Code of Federal Regulations, title 49,
section 396.17, and in chapter III, subchapter B, appendix G.
(e) The commissioner may
classify types of vehicles for inspection purposes and may issue separate
classes of inspector certificates for each class. The commissioner shall
issue separate categories of inspector certificates based on the following
classifications:
(1) a class of certificate
that authorizes the certificate holder to inspect commercial motor vehicles
without regard to ownership or lease; and
(2) a class of certificate
that authorizes the certificate holder to inspect only commercial motor
vehicles the certificate holder owns or leases.
The commissioner shall issue
a certificate described in clause (1) only to a person described in paragraph
(b), clause (2) or (3).
(f) The commissioner, after
notice and an opportunity for a hearing, may suspend a certificate issued under
paragraph (b) for failure to meet annual certification requirements prescribed
by the commissioner or failure to inspect commercial motor vehicles in
accordance with inspection procedures established by the State Patrol. The
commissioner shall revoke a certificate issued under paragraph (b) if the
commissioner determines after notice and an opportunity for a hearing that the
certified person issued an inspection decal for a commercial motor vehicle when
the person knew or reasonably should have known that the vehicle was in such a
state of repair that it would have been declared out of service if inspected by
an employee of the State Patrol. Suspension and revocation of certificates
under this subdivision are not subject to sections 14.57 to 14.69.
Subd. 4. Inspection report. (a) A person
performing an inspection under this section shall issue an inspection report to
the owner of the commercial motor vehicle inspected. The report must include:
(1) the full name of the
person performing the inspection, and the person's inspector certification
number;
(2) the name of the owner of
the vehicle and, if applicable, the United States Department of Transportation
carrier number issued to the owner of the vehicle, or to the operator of the
vehicle if other than the owner;
(3) the vehicle
identification number and, if applicable, the license plate number of the
vehicle;
(4) the date and location of
the inspection;
(5) the vehicle components
inspected and a description of the findings of the inspection, including
identification of the components not in compliance with federal motor carrier
safety regulations; and
(6) the inspector's certification
that the inspection was complete, accurate, and in compliance with the
requirements of this section.
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(b) The owner must retain a
copy of the inspection report for at least 14 months at a location in the state
where the vehicle is domiciled or maintained. The inspector must maintain a
copy of the inspection report for a period of 14 months following the
inspection in a location in the state where the inspector conducts business.
During this period the report must be available for inspection by an authorized
federal, state, or local official.
(c) The commissioner shall
prescribe the form of the inspection report and revise it as necessary to
comply with state and federal law and regulations. The adoption of the report
form is not subject to the Administrative Procedure Act.
Subd. 5. Inspection decal. (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). Decals are issued to inspectors by serial number and are not
transferable unless approved by the commissioner.
(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.
Subd. 6. Record review; random inspection; audit.
Employees of the State Patrol and motor transportation representatives of the
Department of Transportation may review records required to be kept under
subdivision 4, paragraph (b), and conduct random vehicle inspections and audits
at the facility of an owner of a commercial motor vehicle.
Subd. 7. Disposition of revenues. The
commissioner shall pay all revenues received under this section to the
commissioner of finance for deposit in the trunk highway fund.
Subd. 8. Violation; misdemeanor. A violation of
this section is a misdemeanor.
Subd. 9. Proof of federal inspection. An owner
of a commercial motor vehicle that is subject to and in compliance with federal
motor vehicle inspection requirements for vehicles in interstate commerce may
apply to the commissioner for a certificate of compliance with federal
requirements. On payment of a fee equal to the fee for an inspection decal
under subdivision 5, paragraph (a), the commissioner shall issue the
certificate to the applicant. This subdivision only applies to
Minnesota-licensed vehicles that are not housed or maintained in Minnesota.
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Subd. 10. Exemption. This section does not apply
to a vehicle operated by a motor carrier of passengers, as defined in section
221.011, subdivision 48, if the vehicle has been inspected under section
221.0252, subdivision 3, paragraph (a), clause (2), within the previous 12
months.
Sec. 4. Minnesota Statutes
2006, section 169.782, subdivision 1, is amended to read:
Subdivision 1. Driver; daily inspection report. (a)
The driver of a commercial motor vehicle shall report in writing at the
completion of each day's work on each commercial motor vehicle the driver has
operated. A person who owns one or more commercial motor vehicles and who
employs drivers for those commercial motor vehicles must require each driver to
submit a written report as required in by this section.
The report must cover the following parts and accessories: service brakes,
including trailer and semitrailer brake connections; parking (hand) brake;
steering mechanism; lighting devices and reflectors; tires; horn; windshield
wiper or wipers; rear vision mirror or mirrors; coupling devices; wheels and
rims; and emergency equipment.
(b) The report must identify
the vehicle and list any defect or deficiency discovered by or reported to the
driver that would affect the safe operation of the vehicle or result in its
mechanical breakdown. If no defect or deficiency is discovered by or reported
to the driver, the report must so indicate. The driver must sign the report
after completing it. In the case of a commercial motor vehicle operated by two
drivers, the signature of one of the drivers satisfies the requirements of this
subdivision if both drivers agree concerning the defects or deficiencies. If a
driver operates more than one commercial motor vehicle during a day's work, a
report must be prepared for each vehicle operated.
(c) Before operating or
allowing the operation of a commercial motor vehicle on which a report has been
prepared under this subdivision, the owner of the vehicle or the owner's agent
must repair defects or deficiencies listed on the report that would be
sufficient under inspection procedures established by the State Patrol to
require the vehicle to be declared out of service likely affect the safe
operation of the vehicle. Before allowing the commercial motor vehicle to
be operated again, the owner or the owner's agent must certify, on the report
listing the defect or deficiency, that the defect or deficiency has been
corrected or that correction is unnecessary. A motor carrier must keep the
original vehicle inspection report for at least three months after the date of
inspection. The report must be available for inspection by an authorized
federal, state, or local official at any time during this period.
(d) A copy of the vehicle
inspection report, including a certification of corrections resulting from the
report, must be carried in the commercial motor vehicle, or in the power unit
of a commercial motor vehicle combination, at all times when the vehicle or
power unit is operated until the next inspection report is completed under this
subdivision. The copy must be made available on demand to: (1) a peace
officer;, (2) a person authorized under section 221.221;,
and (3) a person described in section 299D.06.
Sec. 5. Minnesota Statutes
2006, section 169.783, subdivision 1, is amended to read:
Subdivision 1. Postcrash inspection. (a) A
peace officer responding to an accident involving a commercial motor vehicle
must immediately notify the State Patrol if the accident results in death,
personal injury, or property damage to an apparent extent of more than $4,400.:
(1) a fatality;
(2) bodily injury to a
person who, as a result of the injury, immediately receives medical treatment
away from the scene of the accident; or
(3) one or more motor
vehicles incurring disabling damage as a result of the accident, requiring the
motor vehicles to be transported away from the scene by tow truck or other
motor vehicle.
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(b) It is a misdemeanor for a
person to drive or cause to be driven a commercial motor vehicle after such an
accident unless the vehicle:
(1) has been inspected by a
state trooper or other person authorized to conduct inspections under section
169.781, subdivision 3, paragraph (a), who is an employee of the Department of
Public Safety or Transportation, and the person inspecting the vehicle has
determined that the vehicle may safely be operated; or
(2) a waiver has been
granted under subdivision 2.
Sec. 6. Minnesota Statutes
2006, section 221.031, subdivision 6, is amended to read:
Subd. 6. Vehicle identification rule. (a) The
following carriers shall display the carrier's name and address on the
power unit of each vehicle:
(1) motor carriers,
regardless of the weight of the vehicle, except that this requirement does not
apply to a limousine as defined in section 168.011, subdivision 35, that is
equipped with "LM" license plates;
(2) interstate and
intrastate private carriers operating vehicles with a gross vehicle weight of
more than 10,000 pounds; and
(3) vehicles providing
transportation described in section 221.025 with a gross vehicle weight of more
than 10,000 pounds except those providing transportation described in section
221.025, clauses (1), (3), and (4).
Vehicles described in clauses (2) and (3) that are
operated by farmers or farm employees and have four or fewer axles are not
required to comply with the vehicle identification rule of the commissioner.
(b) Vehicles subject to this
subdivision must show the name or "doing business as" name of the
carrier operating the vehicle and the community and abbreviation of the
state in which the carrier maintains its principal office or in which the
vehicle is customarily based. If the carrier operates a leased vehicle, it
may show its name and the name of the lessor on the vehicle, if the lease
relationship is clearly shown. If the name of a person other than the operating
carrier appears on the vehicle, the words "operated by" must
immediately precede the name of the carrier.
(c) The name and address
must be in letters that contrast sharply in color with the background, be
readily legible during daylight hours from a distance of 50 feet while the
vehicle is stationary, and be maintained in a manner that retains the
legibility of the markings. The name and address may be shown by use of
a removable device if that device meets the identification and legibility
requirements of this subdivision.
Sec. 7. Minnesota Statutes
2006, section 221.0314, subdivision 9, is amended to read:
Subd. 9. Hours of service of driver. Code of
Federal Regulations, title 49, part 395, is incorporated by reference, except
that paragraphs (a), (c), (d), (f), (h), (i), (k), (l), (m), and (n) of
section 395.1 and section 395.13 of that part are not incorporated. In
addition, cross-references to sections or paragraphs not incorporated in this
subdivision are not incorporated by reference. The requirements of Code of
Federal Regulations, title 49, part 395, do not apply to drivers of lightweight
vehicles.
Sec. 8. Minnesota Statutes
2006, section 221.0314, is amended by adding a subdivision to read:
Subd. 12. Hazardous materials safety permits. A person who
transports the hazardous materials designated in Code of Federal Regulations,
title 49, section 385.403, shall comply with this section and with the
provisions of Code of Federal Regulations, title 49, part 385, subpart E, which
is incorporated by reference.
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Sec. 9. Minnesota Statutes
2006, section 221.033, subdivision 2d, is amended to read:
Subd. 2d. Age of driver under federal
materials-of-trade regulation. A driver of a self-propelled or towed motor
vehicle transporting no hazardous material other than materials of trade, as
defined in Code of Federal Regulations, title 49, section 171.8, when
engaged in intrastate transportation, must be at least 18 years of age.
This subdivision does not apply unless the transportation conforms to the
requirements of Code of Federal Regulations, title 49, section 173.6.
Sec. 10. Minnesota Statutes
2006, section 221.037, subdivision 1, is amended to read:
Subdivision 1. Required to provide information. A
person who generates, stores, treats, transports, disposes of, or otherwise
handles or has handled hazardous materials, hazardous substances, or hazardous
waste shall (1) give to transportation representatives and hazardous material
specialists of the department information relating to the materials,
substances, or waste, or (2) permit them access to and copying of records and
safety permits relating to any or all of the materials, substances,
or waste, or both.
Sec. 11. Minnesota Statutes
2006, section 221.141, subdivision 1, is amended to read:
Subdivision 1. Financial responsibility of carriers.
(a) No motor carrier and no interstate carrier shall operate a vehicle until it
has obtained and has in effect the minimum amount of financial responsibility
required by this section. Policies of insurance, surety bonds, other types of
security, and endorsements must be continuously in effect and must remain in
effect until canceled. Before providing transportation, the motor carrier or
interstate carrier shall secure and cause to be filed with the commissioner and
maintain in full effect, a certificate of insurance in a form required by the
commissioner, evidencing public liability insurance in the amount prescribed.
The insurance must cover injuries and damage to persons or property resulting
from the operation or use of motor vehicles, regardless of whether each vehicle
is specifically described in the policy. This insurance does not apply to
injuries or death to the employees of the motor carrier or to property being
transported by the carrier.
(b) Notwithstanding any
other provision of this chapter, the insurance required of a motor carrier of
passengers must be at least that amount required of interstate carriers under
Code of Federal Regulations, title 49, section 387.33, as amended.
(c) This section does not
apply to a charitable organization exempt from taxation under section 501(c)(3)
of the Internal Revenue Code when the transportation furthers the charitable
organization's charitable mission. The charitable organization must comply with
the insurance requirements of section 65B.48.
Sec. 12. Minnesota Statutes
2006, section 221.231, is amended to read:
221.231 RECIPROCAL AGREEMENT.
The commissioner may enter
into reciprocal agreements with the regulatory bodies of other states and the
provinces of the Dominion of Canada, whereby the payment of the fees
provided in section 221.60 may be waived in whole or in part for
regarding motor carriers having an established place of business in that
state or province; provided that reciprocal privileges are extended under the
agreement to motor carriers of this state.
Sec. 13. Minnesota Statutes
2006, section 221.60, subdivision 1, is amended to read:
Subdivision 1. Procedure. A motor carrier may
transport persons or property for hire in interstate commerce in Minnesota only
if it first:
(1) complies with section
221.141;
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(2) either registers with
the commissioner the federal operating authority that it intends to exercise,
or registers and describes the transportation it performs under an exemption
contained in United States Code, title 49; and
(3) purchases an interstate
identification stamp or an interstate registration trip permit for each vehicle
to be used in interstate transportation in Minnesota the Unified Carrier
Registration Agreement authorized by United States Code, title 49, section
14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and
the federal regulations adopted thereunder.
Sec. 14. Minnesota Statutes
2006, section 221.60, is amended by adding a subdivision to read:
Subd. 7. Commissioner's authority. The commissioner of
transportation shall take all necessary actions to enter into the Unified
Carrier Registration Agreement when it becomes effective. The commissioner
shall implement and administer United States Code, title 49, section 14504a,
and the regulations adopted thereunder.
Sec. 15. REPEALER.
Minnesota Statutes 2006,
sections 221.60, subdivisions 2, 3, 3a, 4, 5, and 6; 221.601; and 221.602, are
repealed.
ARTICLE 7
HOUSEHOLD GOODS MOVERS
Section 1. Minnesota
Statutes 2006, section 221.011, is amended by adding a subdivision to read:
Subd. 50. Household goods mover. (a) "Household goods
mover" means a motor carrier who engages in for‑hire transportation
service for moving household goods and offers the services of:
(1) binding and nonbinding
estimates;
(2) inventorying;
(3) protective packing and
unpacking of individual items at a personal residence; or
(4) loading and unloading at
a personal residence.
(b) Household goods mover
does not include a carrier transporting property from a factory or store to a
personal residence.
Sec. 2. [221.0253] HOUSEHOLD GOODS MOVERS; REGISTRATION.
Subdivision 1. Definition. For purposes of this section,
"registrant" means a person applying for a certificate of
registration as a household goods mover under this section.
Subd. 2. Registration required. No person may engage in the
for-hire transportation of household goods in Minnesota unless the person has
been issued a certificate of registration by the commissioner.
Subd. 3. Registration statement. A registrant shall file a
complete and accurate registration statement with the commissioner. A
registration statement must be on a form provided by the commissioner and
include:
(1) the registrant's name,
including an assumed or fictitious name used by the registrant in doing
business;
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(2) the registrant's mailing
address and business telephone number;
(3) the registrant's federal
employer identification number, Minnesota business identification number, and
the identification number, if any, assigned to the registrant by the United
States Department of Transportation;
(4) the name, title, and
telephone number of the individual who is principally responsible for the
operation of the registrant's transportation business;
(5) the principal location
from which the registrant conducts its transportation business and where the
records required by this chapter will be kept;
(6) if different from clause
(5), the location in Minnesota where the records required by this chapter will
be available for inspection and copying by the commissioner;
(7) whether the registrant's
business is a corporation, partnership, limited liability partnership, limited
liability company, sole proprietorship, or other legal form;
(8) if the registrant is a
foreign corporation authorized to transact business in Minnesota, the state of
incorporation and the name and address of its registered agent; and
(9) a record of each initial
background check as required under subdivision 4.
Subd. 4. Background check; denial of registration. (a) The
registrant shall conduct, or cause to be conducted, an initial background check
of any person employed by the registrant, or with whom the registrant
contracts, whose duties include operating a vehicle used to transport household
goods.
(b) Sections 299C.67;
299C.68, subdivisions 2 to 5; and 299C.71 apply to background checks conducted
under this subdivision. For purposes of this subdivision, when used in sections
299C.67, 299C.68, and 299C.71, the term "owner" refers to the
registrant and the term "manager" refers to a driver.
(c) The commissioner may
deny registration to any registrant who employs a driver that the background
check response shows has been convicted of a background check crime, as defined
in section 299C.67, subdivision 2, paragraph (a) or (b).
(d) The registrant shall
conduct, or cause to be conducted, a subsequent background check every three
years. The registrant shall keep a record, identified by the employee's name,
of a background check conducted under this section. A record must be made
available to the commissioner upon request.
(e) This subdivision does
not apply to a driver who holds a valid driver's license with a school bus
endorsement.
Subd. 5. Signature required. A corporate officer, general partner,
or sole proprietor must sign the registration statement and the vehicle and
insurance statement.
Subd. 6. Fee. An initial fee of $200 must be paid at the time of
filing the registration statement. It must be paid into the state treasury and
credited to the trunk highway fund.
Subd. 7. Certificate of registration; issuance. (a) The
commissioner shall issue a certificate of registration to a registrant who does
not have an unsatisfactory safety rating and has met the requirements of this
section.
(b) A certificate of
registration must be numbered and bear an effective date.
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(c) A certificate of
registration must be kept at the registrant's principal place of business.
Subd. 8. Compliance with other laws. A household goods mover shall
comply with sections 169.781 and 221.141.
Subd. 9. Duration. A certificate of registration is valid for
for-hire transportation of household goods throughout Minnesota, is not
assignable or transferable, and is valid until it is suspended, revoked, or
canceled.
Subd. 10. Obligation to keep information current. A registrant
shall notify the commissioner in writing of any change in the information
described in subdivision 3.
Subd. 11. Suspension and cancellation of registration. The
commissioner shall suspend or cancel, following the procedures for suspension
or cancellation in section 221.185, the registration of a household goods mover
who fails to file with the commissioner or maintain the insurance or bond
required under section 221.141. A person may not engage in the for-hire
transportation of household goods in Minnesota while the person's registration
is under suspension or cancellation under this subdivision.
Sec. 3. [221.027] HOUSEHOLD GOODS MOVERS; CONSUMER PROTECTION.
Subdivision 1. Arbitration, price estimates, relinquishment of possession to
consumers. Code of Federal Regulations, title 49, sections 375.209;
375.211; 375.401 through 375.409; 375.503; 375.505; 376.603; and 375.703 are
incorporated by reference and apply to household goods movers.
Subd. 2. Investigation. The attorney general shall investigate
violations of laws by household goods movers, including but not limited to
violations relating to operation without registration, misrepresentations,
deceptive trade practices, theft, the provisions of subdivision 1, and other
crimes.
Subd. 3. Contact information. A household goods mover shall
include contact information for the Department of Transportation and the
attorney general on all bills of lading and estimates required under
subdivision 1.
Sec. 4. [221.028] HOUSEHOLD GOODS MOVERS; EXPIRATION AND CONVERSION OF
PERMITS.
Subdivision 1. Expiration of permits. Any permit issued by the
commissioner before August 1, 2007, that authorizes for-hire transportation of
household goods in Minnesota, is only valid through February 29, 2008.
Subd. 2. Conversion to registration. A holder of a permit issued
by the commissioner before August 1, 2007, that authorizes for-hire
transportation of household goods in Minnesota, who wishes to continue as a
household goods mover, shall meet the requirements of section 221.0253, before
March 1, 2008. The commissioner shall not require a criminal background check
under section 221.0253, subdivision 4, and shall not charge a registration fee
under section 221.0253, subdivision 6.
ARTICLE 8
REPEAL OF OBSOLETE PERMITS
AND CONFORMING CHANGES
Section 1. Minnesota
Statutes 2006, section 174.64, subdivision 2, is amended to read:
Subd. 2. Specific functions and powers. (a) To
the extent allowed under federal law or regulation, the commissioner shall
further hold hearings and issue orders in cases brought on the commissioner's
own motion or by a third party in the following areas:
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(1) adequacy of services
that carriers are providing to the public, including the continuation,
termination, or modification of services and facilities;
(2) reasonableness of
tariffs of rates, fares, and charges, or a part or classification of a tariff;
and
(3) issuing permits.
(b) For purposes of
paragraph (a), clause (2), the commissioner may authorize common carriers by
rail and motor carriers for hire to file tariffs of rates, fares, and
charges individually or by group. Carriers participating in group ratemaking
have the free and unrestrained right to take independent action either before
or after a determination arrived at through that procedure.
Sec. 2. Minnesota Statutes
2006, section 174.64, subdivision 4, is amended to read:
Subd. 4. Petition, notice, and hearing. (a) With
respect to those matters within the commissioner's jurisdiction, the
commissioner shall receive, hear, and determine all petitions filed with the
commissioner in accordance with the procedures established by law and may hold
hearings and make determinations upon the commissioner's own motion to the same
extent, and in every instance, in which the commissioner may do so upon
petition.
(b) Upon receiving a
petition filed pursuant to section 221.121, subdivision 1, or 221.151, the
commissioner shall give notice of the filing of the petition to representatives
of associations or other interested groups or persons who have registered their
names with the commissioner for that purpose and to whomever the commissioner
deems to be interested in the petition. The commissioner may grant or deny the
request of the petition 30 days after notice of the filing has been fully
given.
(c) If the commissioner
receives a written objection and notice of intent to appear at a hearing to
object to the petition from any person within 20 days of the notice having been
fully given, the request of the petition must be granted or denied only after a
contested case hearing has been conducted on the petition, unless the objection
is withdrawn before the hearing. The commissioner may elect to hold a contested
case hearing if no objections to the petition are received. If a timely
objection is not received, or if received and withdrawn, and the request of the
petition is denied without hearing, the petitioner may request within 30 days
of receiving the notice of denial, and must be granted, a contested case
hearing on the petition.
Sec. 3. Minnesota Statutes
2006, section 174.66, is amended to read:
174.66 CONTINUATION OF CARRIER RULES.
(a) Orders and directives in
force, issued, or promulgated under authority of chapters 174A, 216A, 218, 219,
221, and 222 remain and continue in force and effect until repealed, modified,
or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules
adopted under authority of the following sections are transferred to the
commissioner of transportation and continue in force and effect until repealed,
modified, or superseded by duly authorized rules of the commissioner:
(1) section 218.041 except
rules related to the form and manner of filing railroad rates, railroad
accounting rules, and safety rules;
(2) section 219.40; and
(3) rules relating to rates
or tariffs, or the granting, limiting, or modifying of permits or certificates
of convenience and necessity under section 221.031, subdivision 1;.
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(4) rules relating to the
sale, assignment, pledge, or other transfer of a stock interest in a
corporation holding authority to operate as a permit carrier as prescribed in
section 221.151, subdivision 1;
(5) rules relating to rates,
charges, and practices under section 221.161, subdivision 4; and
(6) rules relating to rates,
tariffs, or the granting, limiting, or modifying of permits under sections
221.121 and 221.151.
(b) The commissioner shall
review the transferred rules, orders, and directives and, when appropriate,
develop and adopt new rules, orders, or directives.
Sec. 4. Minnesota Statutes
2006, section 221.011, subdivision 8, is amended to read:
Subd. 8. Permit. "Permit" means the
license, or franchise, which may be issued to motor carriers other than regular
route common carriers of passengers, class I common carriers, and petroleum
carriers, and household goods movers under the provisions of this
chapter, authorizing the use of the highways of Minnesota for transportation
for hire.
Sec. 5. Minnesota Statutes
2006, section 221.025, is amended to read:
221.025 EXEMPTIONS.
The provisions of this
chapter requiring a certificate or permit to operate as a motor carrier
do not apply to the intrastate transportation described below:
(1) the transportation of
students to or from school or school activities in a school bus inspected and
certified under section 169.451 and the transportation of children or parents
to or from a Head Start facility or Head Start activity in a Head Start bus
inspected and certified under section 169.451;
(2) the transportation of
solid waste, as defined in section 116.06, subdivision 22, including recyclable
materials and waste tires, except that the term "hazardous waste" has
the meaning given it in section 221.011, subdivision 31;
(3) a commuter van as
defined in section 221.011, subdivision 27;
(4) authorized emergency
vehicles as defined in section 169.01, subdivision 5, including ambulances; and
tow trucks equipped with proper and legal warning devices when picking up and
transporting (i) disabled or wrecked motor vehicles or (ii) vehicles towed or
transported under a towing order issued by a public employee authorized to
issue a towing order;
(5) the transportation of
grain samples under conditions prescribed by the commissioner;
(6) the delivery of
agricultural lime;
(7) the transportation of
dirt and sod within an area having a 50-mile radius from the home post office
of the person performing the transportation;
(8) the transportation of
sand, gravel, bituminous asphalt mix, concrete ready mix, concrete blocks or
tile and the mortar mix to be used with the concrete blocks or tile, or crushed
rock to or from the point of loading or a place of gathering within an area
having a 50-mile radius from that person's home post office or a 50-mile radius
from the site of construction or maintenance of public roads and streets;
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(9) the transportation of
pulpwood, cordwood, mining timber, poles, posts, decorator evergreens, wood
chips, sawdust, shavings, and bark from the place where the products are
produced to the point where they are to be used or shipped;
(10) the transportation of
fresh vegetables from farms to canneries or viner stations, from viner stations
to canneries, or from canneries to canneries during the harvesting, canning, or
packing season, or transporting sugar beets, wild rice, or rutabagas from the
field of production to the first place of delivery or unloading, including a
processing plant, warehouse, or railroad siding;
(11) the transportation of
property or freight, other than household goods and petroleum products in bulk,
entirely within the corporate limits of a city or between contiguous cities except
as provided in section 221.296;
(12) the transportation of
unprocessed dairy products in bulk within an area having a 100-mile radius from
the home post office of the person providing the transportation;
(13) the transportation of
agricultural, horticultural, dairy, livestock, or other farm products within an
area having a 100-mile radius from the person's home post office and the
carrier may transport other commodities within the 100-mile radius if the
destination of each haul is a farm;
(14) the transportation of
newspapers, as defined in section 331A.01, subdivision 5, telephone books,
handbills, circulars, or pamphlets in a vehicle with a gross vehicle weight of
10,000 pounds or less; and
(15) transportation of
potatoes from the field of production, or a storage site owned or otherwise
controlled by the producer, to the first place of processing.
The exemptions provided in
this section apply to a person only while the person is exclusively engaged in
exempt transportation.
Sec. 6. Minnesota Statutes
2006, section 221.026, is amended to read:
221.026 MOTOR CARRIER OF PROPERTY; EXEMPTIONS.
Subdivision 1. Registration. No person may engage in
the for-hire transportation of property, other than household goods, in
Minnesota unless the person has filed a registration statement with the
commissioner on a form the commissioner prescribes.
Subd. 2. Exemptions from requirements.
Notwithstanding any other law, a motor carrier of property is exempt from
sections 221.021; 221.072; 221.121; 221.122; 221.123; 221.131; 221.132; 221.151;
221.161; 221.172, subdivisions 3 to 8; and 221.185, except as
provided in subdivision 4; and 221.296. The exemptions in this
subdivision do not apply to a motor carrier of property while transporting
household goods.
Subd. 3. Safety regulations. A motor carrier of
property is subject to those federal regulations incorporated by reference in
section 221.0314, unless exempted from those regulations by section 221.031.
Subd. 4. Suspension and cancellation of
registration. The commissioner shall suspend or cancel, following the
procedures for suspension or cancellation in section 221.185, the registration
of a motor carrier of property who fails to file with the commissioner or
maintain the insurance or bond required under section 221.141. A person may not
engage in the for-hire transportation of property, other than household
goods, in Minnesota while the person's registration is under suspension or
cancellation under this subdivision.
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Subd. 5. Local regulation. Section 221.091
applies to registration statements under this section to the same extent that
it applies to certificates and permits issued by the board.
Sec. 7. Minnesota Statutes
2006, section 221.031, subdivision 1, is amended to read:
Subdivision 1. Powers, duties, reports, limitations.
(a) This subdivision applies to motor carriers engaged in intrastate commerce.
(b) The commissioner shall
prescribe rules for the operation of motor carriers, including their
facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers;
driver qualifications; accident reporting; identification of vehicles;
installation of safety devices; inspection, repair, and maintenance; and proper
automatic speed regulators if, in the opinion of the commissioner, there is a
need for the rules.
(c) The commissioner shall
direct the repair and reconstruction or replacement of an inadequate or unsafe
motor carrier vehicle or facility. The commissioner may require the
construction and maintenance or furnishing of suitable and proper freight
terminals, passenger depots, waiting rooms, and accommodations or shelters in a
city in this state or at a point on the highway traversed which the
commissioner, after investigation by the department, may deem just and proper
for the protection of passengers or property.
(d) The commissioner
shall require holders of household goods mover permits to file annual and other
reports including annual accounts of motor carriers, schedules of rates and
charges, or other data by motor carriers, regulate motor carriers in matters
affecting the relationship between them and the traveling and shipping public,
and prescribe other rules as may be necessary to carry out the provisions of
this chapter.
(e) A motor carrier subject
to paragraph (d) but having gross revenues from for-hire transportation in a
calendar year of less than $200,000 may, at the discretion of the commissioner,
be exempted from the filing of an annual report, if instead the motor carrier
files an abbreviated annual report, in a form as may be prescribed by the
commissioner, attesting that the motor carrier's gross revenues did not exceed
$200,000 in the previous calendar year. Motor carrier gross revenues from
for-hire transportation, for the purposes of this subdivision only, do not
include gross revenues received from the operation of school buses as defined
in section 169.01, subdivision 6.
(f) The commissioner shall
enforce sections 169.781 to 169.783.
Sec. 8. 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; or (6) (4) rules of the commissioner relating to the
transportation of hazardous waste, motor carrier operations, or insurance,
or tariffs and accounting. An order must be issued as provided in this
section.
Sec. 9. 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 under subdivision 1, except for rules of the
commissioner relating to the transportation of hazardous waste or as otherwise
provided under paragraph (b), identified during a single inspection, audit,
or investigation.
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(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.
Sec. 10. Minnesota Statutes
2006, section 221.131, is amended to read:
221.131 CARRIER ANNUAL VEHICLE REGISTRATION; FEES,
IDENTIFICATION CARD FOR MOTOR CARRIERS OF PASSENGERS.
Subdivision 1. Permit Registration renewal.
Permits Certificates of registration issued under section
221.121 to a motor carrier of passengers under section 221.0252 are
effective for a 12-month period. A permit certificate of registration
holder must renew the permit certificate annually by registration
of the vehicles operated under authority of that permit as required by
subdivision 2 certificate. A permit certificate holder
has one annual renewal date encompassing all of the permits
certificates held by the holder.
Subd. 2. Annual vehicle registration; fee. (a) This
subdivision applies only to holders of household goods mover permits and motor
carriers of passengers.
(b) A permit holder or
motor carrier of passengers shall pay an annual registration fee of $75 on each
vehicle, including pickup and delivery vehicles, operated by the carrier under
authority of the permit or certificate of registration during the
12-month period or fraction of the 12-month period. Trailers and semitrailers
used by a permit certificate holder in combination with power
units may not be counted as vehicles in the computation of fees under this
section if the permit holder pays the fees for power units.
(c) (b) The commissioner shall
furnish a distinguishing annual identification card for each vehicle or power
unit for which a fee has been paid. The identification card must at all times
be carried in the vehicle or power unit to which it has been assigned. An
identification card may be reassigned to another vehicle or power unit upon
application of the carrier and payment of a transfer fee of $10. An
identification card issued under this section is valid only for the period for
which the permit or certificate of registration is effective.
(d) (c) A fee of $10 is charged for
the replacement of an unexpired identification card that has been lost.
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(e) (d) The proceeds of the fees
collected under this subdivision must be deposited in the trunk highway fund.
Subd. 2a. Vehicle identification. The permit holder must be
identified on the power unit of each registered vehicle operated under the
permit. Vehicles must show the name or the "doing business as" name
of the permit holder operating the vehicle and the community and abbreviation
of the state in which the permit holder maintains its principal office or in
which the vehicle is customarily based. If the permit holder operates a leased
vehicle, it may show its name and the name of the lessor on the vehicle, if the
lease relationship is clearly shown. If the name of a person other than the
operating permit holder appears on the vehicle, the words "operated
by" must immediately precede the name of the permit holder. The name and
address must be in letters that contrast sharply in color with the background,
be readily legible during daylight hours from a distance of 50 feet while the
vehicle is stationary, and be maintained in a manner that retains the
legibility of the markings. The name and address may be shown by use of a
removable device if that device meets the identification and legibility
requirements of this subdivision.
Subd. 3. Certificate carrier; annual vehicle registration. Certificated
passenger carriers shall pay an annual registration fee of $40 for each
vehicle, including pickup and delivery vehicles, operated during a calendar
year. The commissioner shall issue distinguishing identification cards as
provided in subdivision 2.
Subd. 4. Floater card; fee. The department may
issue to carriers subject to subdivision 2 or 3 special
"floater" identification cards up to a maximum of five per motor
carrier. Floater cards may be freely transferred between vehicles that have
evidence of being inspected under section 221.0252, subdivision 3, paragraph
(a), clause (2), within the previous 12 months, or have a current Commercial
Vehicle Safety Alliance decal, and that are used under short-term leases by the
motor carrier. The motor carrier shall pay a fee of $100 for each floater card
issued.
Subd. 5. Limitation. The provisions of this
section are limited by applicable federal law.
Sec. 11. Minnesota Statutes
2006, section 221.132, is amended to read:
221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
For special or extraordinary
events, the commissioner may issue a prepaid temporary vehicle identification
card to a permit or certificate holder subject to section 221.131,
subdivision 2 or 3, for a fee of $5 per card. The card must be
preprinted by the commissioner with the carrier's name, address, and permit
or certificate number. The card may be used by the motor carrier to whom it
is issued to identify a vehicle temporarily added to its fleet, if the vehicle
has evidence of being inspected under section 221.0252, subdivision 3,
paragraph (a), clause (2), within the previous 12 months, or has a current
Commercial Vehicle Safety Alliance decal. The card must be executed by the
motor carrier by dating and signing the card and describing the vehicle in
which it will be carried. The identification card is valid for a period of ten
days from the date the motor carrier places on the card when the card is
executed. The card must be used within one year from the date of issuance by
the commissioner. The card may not be used if the permit or certificate
is not in full force and effect. The card may not be transferred. The
commissioner may not refund the cost of unused prepaid temporary vehicle
identification cards.
Sec. 12. Minnesota Statutes
2006, section 221.141, subdivision 4, is amended to read:
Subd. 4. Household goods mover. A household
goods mover shall maintain in effect cargo insurance or cargo bond in the
amount of $50,000 and shall file with the commissioner a cargo certificate of
insurance or cargo bond. A cargo certificate of insurance must conform to Form
H, Uniform Motor Cargo Certificate of Insurance, described in Code of Federal
Regulations, title 49, part 1023. A cargo bond must conform to Form J,
described in Code of Federal Regulations, title 49, part 1023. Both Form H and
Form J are incorporated by reference. The cargo certificate of insurance or
cargo bond must be issued in the full and correct name of the person,
corporation, or partnership to whom the household goods mover permit
certificate of registration was issued and whose operations are being
insured.
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Sec. 13. Minnesota Statutes
2006, section 221.185, is amended to read:
221.185 OPERATING AUTHORITY; SUSPENSION, CANCELLATION.
Subdivision 1. Grounds Order for suspension.
Despite the provisions of section 221.021, a household goods mover permit or
a motor carrier certificate of registration issued under section
sections 221.0251 or, 221.0252, or 221.0253 is
suspended without a hearing, by order of the commissioner, if the permit
certificate holder or carrier fails to:
(1) maintain and file with the
commissioner, the insurance or bond required by section 221.141 and rules
adopted under that section or the carrier or permit holder fails to;
(2) pay annual vehicle
registration fees or renew permits as required by section 221.131, or
the permit holder or carrier fails to; or
(3) pay an administrative
penalty under section 221.036.
Subd. 2. Notice of suspension. (a) Failure to
file and maintain insurance, renew permits under section 221.131, or to
pay annual vehicle registration fees or renew permits under section
221.131 or 221.296, or to maintain in good standing a protective agent's or
private detective's license required under section 221.121, subdivision 6g, or
221.153, subdivision 3, suspends a motor carrier's permit or
certificate two days after the commissioner sends notice of the suspension by
certified mail, return receipt requested, to the last known address of the
motor carrier.
(b) In order to avoid
permanent cancellation of the permit or certificate, the motor carrier
must do one of the following within 45 days from the date of suspension:
(1) comply with the law by
filing insurance or bond, renewing permits, or paying vehicle
registration fees; or
(2) request a hearing before
the commissioner regarding the failure to comply with the law.
Subd. 2a. Notice of suspension; effective date.
The commissioner shall issue a notice of suspension if one of the conditions
described in subdivision 1 occurs. The notice must give the reason for
suspension and must be sent to the last known address of the carrier by
certified mail, return receipt requested. A suspension is effective two days
after a notice is mailed.
Subd. 3. Suspension rescission. If the motor
carrier complies with the requirements of this chapter within 45 days after the
date of suspension and pays the required fees, including a late vehicle
registration fee of $5 for each vehicle registered, the commissioner shall
rescind the suspension unless the carrier's registration has expired. If a
registered carrier fails to comply within one year of the effective date of a
suspension, the carrier's registration is canceled.
Subd. 3a. Hearing. If the motor carrier requests
a hearing within 45 days after the date of suspension, the commissioner shall
review the suspension and:
(1) determine that the
carrier has complied with the law and rescind the suspension;
(2) for just cause, grant an
extension which must not exceed 20 days; or
(3) schedule a hearing to
ascertain whether the carrier has failed to comply with the law. If it is
determined after the hearing that the carrier has failed to comply with the
law, the commissioner shall cancel the carrier's suspended permit or
certificate.
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Subd. 4. Grounds for cancellation. Except as
provided in subdivision 5a, failure to comply with the requirements of sections
section 221.141 and 221.296 relating to bonds and insurance, 221.131
relating to permit renewal, 221.131 or 221.296 relating to annual
vehicle registration or permit renewal, 221.121, subdivision 6g, or
221.153, subdivision 3, relating to protective agent or private detective
licensure, or to request a hearing within 45 days of the date of
suspension, is deemed an abandonment of the motor carrier's permit or
certificate and the permit or certificate must be canceled by the
commissioner.
Subd. 5. Notice of cancellation. The
commissioner shall notify the motor carrier by certified mail, return receipt
requested, that the permit or certificate is canceled effective on the
date of mailing the notice of cancellation.
Subd. 5a. Reinstatement after cancellation. A
motor carrier whose permit or certificate is canceled for failure to comply
with sections section 221.141 and 221.296 relating to
bonds and insurance may ask the commissioner to review the cancellation. Upon
review, the commissioner shall rescind the cancellation if (1) the motor
carrier presents evidence showing that before the effective date of the notice
of cancellation issued under subdivision 5, the motor carrier had obtained and
paid for the insurance required by sections section 221.141 and
221.296, and the rules of the commissioner, and (2) the commissioner is
satisfied that the motor carrier has complied with the requirements of sections
section 221.141 and 221.296 and the rules of the commissioner.
Subd. 9. New petition. If the holder of a
canceled permit or certificate seeks authority to operate as a motor
carrier it shall file a petition with the commissioner for a permit or
certificate as provided in section 221.121 or 221.296, whichever is applicable.
Sec. 14. Minnesota Statutes
2006, section 221.221, subdivision 3, is amended to read:
Subd. 3. Delegated powers. Representatives of
the department to whom authority has been delegated by the commissioner for the
purpose of enforcing sections 169.781 to 169.783 and 221.171 and the
rules, orders, or directives of the commissioner adopted or issued under those
sections, and for no other purpose, shall have the powers conferred by
law upon police officers. The representatives of the department have the power
to inspect records, logs, freight bills, bills of lading, or other documents,
which may provide evidence to determine compliance with sections 169.781 to
169.783 and 221.171.
Sec. 15. Minnesota Statutes
2006, section 221.291, subdivision 4, is amended to read:
Subd. 4. Operating without registration or permit.
A person who operates a motor carrier without first registering under section
sections 221.0251 or, 221.0252, or who operates as a
household goods mover without having obtained the necessary permit
221.0253, is guilty of a misdemeanor, and upon conviction shall must
be fined not less than the maximum fine which that may be
imposed for a misdemeanor for each violation.
Sec. 16. REVISION OF RULES.
The commissioner of
transportation shall repeal, amend, and adopt revisions to rules relating to
household goods contained in Minnesota Rules, chapters 7800 and 7805, and may
use the expedited process for adopting rules under Minnesota Statutes, section
14.389.
Sec. 17. INSTRUCTION TO REVISOR.
The revisor of statutes
shall change the phrase "sections 221.011 to 221.296" to read
"this chapter" where found in Minnesota Statutes, sections 221.021,
subdivision 1; 221.022; and 221.091, subdivision 1.
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Sec. 18. REPEALER.
Minnesota Statutes 2006,
sections 174.65; 221.011, subdivisions 24, 25, 28, 29, 38, 41, 44, and 45;
221.0252, subdivision 7; 221.072; 221.111; 221.121, subdivisions 1, 2, 3, 4, 5,
6, 6a, 6c, 6d, 6e, 6f, and 7; 221.122; 221.123; 221.131, subdivisions 2a and 3;
221.141, subdivision 6; 221.151; 221.152; 221.153, subdivisions 1 and 2;
221.161; 221.171; 221.172, subdivisions 3, 4, 5, 6, 7, and 8; and 221.296,
subdivisions 3, 4, 5, 6, 7, and 8, are repealed.
ARTICLE 9
RAILROADS
Section 1. Minnesota
Statutes 2006, section 218.021, subdivision 1, is amended to read:
Subdivision 1. Discriminatory practices. It shall be
unlawful for any common carrier:
(1) to charge, demand,
collect or receive for any service a greater or a lesser sum than that fixed in
its published schedules;
(2) to make or give any
undue or unreasonable preference or advantage, or any undue or unreasonable
prejudice or disadvantage, to any person, company, firm, corporation, transit
point or locality or to any particular description of traffic;
(3) by any special rate,
rebate, drawback or other device, directly or indirectly, to charge, demand,
collect or receive a greater or less compensation for any service rendered in
the transportation of any property within this state than the regular
established schedule of rates and charges for like and contemporaneous service
for any other person, or for the public generally; or, directly or indirectly,
to offer or give any shipper, in connection with or as an inducement or reward
for receiving any property for transportation, any gift, gratuity or free pass
or any rate less than that offered to the public;
(4) except as expressly
permitted, to charge a greater rate per ton or per ton mile for a single
carload of freight of any kind or class than for a greater number of carloads
of the same kind or class, to and from the same points of origin or
destination;
(5) to charge or receive any
greater compensation for the transportation of a quantity of property for a
shorter than for a longer distance over the same line, the shorter being
included within the longer, but this shall not be so construed as to authorize
any carrier to charge or receive as great compensation for a shorter as for a
longer distance; or to charge or receive any greater compensation per ton per
mile for the contemporaneous transportation of the same class of freight for a
longer than for a shorter distance over the same line in the same general
direction, or from the same original point of departure or to the same point of
arrival, but this shall not be construed so as to authorize any carrier to
charge as high a rate per ton per mile for a longer as for a shorter distance;
(6) to charge or receive for
the transportation of freight of any description for any distance within this
state a greater amount than is at the same time charged or received for a like
quantity of freight of the same class over a greater distance of the same
railway; or to charge or receive at any point upon its road a higher rate for
receiving, handling or delivering freight of the same class or quantity than it
shall at the same time charge or receive to any other point upon the same line;
or to charge or receive for freight of any description over its railway a
greater amount than at the same time is charged or received for the
transportation of a like quantity of freight of the same class being
transported over any portion of the same railway of equal distance; or to
charge or receive from any person a greater amount than it shall at the same
time charge or receive from any other person for the same class and like
quantity of freight at the same point upon its railway; or to charge or receive
from any person for the transportation of any freight upon its railway a
greater amount than it shall at the same time charge or receive from
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any other person for the transportation of a like
quantity of freight of the same class being transported from the same point
over an equal distance of the same railway; or to charge or receive from any
person for the use and transportation of any railway car upon its railroad for
any distance, a greater amount than is at the same time charged or received
from any other person for the use and transportation of any railway car of the
same class or number for a like purpose being transported over a greater
distance of the same railway; or to charge or receive from any person for the
use and transportation of any railway car upon its railroad a greater amount in
the aggregate than it shall at the same time charge or receive from any other
person for the use and transportation of any railway car of the same class for
a like purpose being transported from the same original point of an equal
distance of the same railway; provided, however, where two or more railroads
serve a common point one having a shorter mileage than the other from a given
point, the railroad having the longer mileage may be authorized by the
commissioner to meet the rate made by the shortest line;
(7) to charge or receive
more for transporting a car of freight than is charged or received per car for
several cars of a like class of freight over the same railway for the same
distance; or to charge or receive more for transporting a ton of freight than
is charged or received per ton for more than a ton but less than a carload of
like class over the same railway for the same distance; or to charge or receive
more for transporting one hundred pounds of freight than is charged or received
per hundred pounds above one hundred pounds but less than a ton of like class
over the same railway for the same distance.;
(8) to fail to provide local
first responders with an emergency phone number that is accessible at all times
through which first responders can receive information regarding the location
of and materials involved in a hazardous materials accident;
(9) to fail, upon request,
to provide local first responders with an annual listing of hazardous materials
transported by rail through their respective territories; and
(10) to fail to have annual
training sessions as required under Code of Federal Regulations, title 49,
parts 172.700 to 172.704, for all employees who may come in contact with
hazardous materials, concerning the proper identification and response to
accidents involving hazardous materials.
Sec. 2. Minnesota Statutes
2006, section 218.041, subdivision 6, is amended to read:
Subd. 6. Investigative powers. In the exercise
of powers granted in this chapter, the commissioner may:
(1) subpoena books, papers,
or accounts kept by any regulated business within or without the state, or
compel production of verified copies;
(2) prepare all forms or
blanks for obtaining information that the commissioner may deem necessary or
useful for the proper exercise of the authority and duties of the commissioner
in connection with regulated businesses, and prescribe the time and manner
within which the blanks and forms must be completed and filed;
(3) inspect, at all
reasonable times, and copy the books, records, memoranda, correspondence, or
other documents and records of any business under the commissioner's
jurisdiction; and
(4) examine, under oath, any
officer, agent, or employee of a business under the commissioner's jurisdiction
concerning any matter within the commissioner's jurisdiction.; and
(5) assess common carriers,
administer the state rail safety inspection account, and perform other duties
on behalf of the state rail safety inspector under section 219.015.
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Sec. 3. [219.015] STATE RAIL SAFETY INSPECTOR.
(a) The commissioner of
transportation shall establish a position of state rail safety inspector in the
Office of Freight and Commercial Vehicle Operations of the Minnesota Department
of Transportation. The commissioner shall apply to the Federal Railroad
Administration (FRA) of the United States Department of Transportation to participate
in the Federal State Rail Safety Partnership Program for training and
certification of an inspector under authority of United States Code, title 49,
sections 20103, 20105, 20106, and 20113, and Code of Federal Regulations, title
49, part 212. The state rail safety inspector shall inspect mainline track,
secondary track, and yard and industry track; inspect railroad right-of-way,
including adjacent or intersecting drainage, culverts, bridges, overhead
structures, and traffic and other public crossings; inspect yards and physical
plants; review and enforce safety requirements; review maintenance and repair
records; and review railroad security measures. To the extent delegated by the
commissioner, the inspector may issue citations for violations of this chapter,
or to ensure railroad employee and public safety and welfare.
(b) The commissioner shall
annually assess railroad companies that are (1) defined as common carriers
under section 218.011, (2) classified by federal law or regulation as Class I Railroads
or Class I Rail Carriers, and (3) operating in this state, by a division of
equal proportion between carriers, assessed in equal amounts for 365 days of
the calendar year. The commissioner shall assess all start-up or
re-establishment costs, and all related costs of initiating the state rail
safety inspector program beginning July 1, 2007. The state rail inspector
duties must begin and be assessed on January 1, 2008. The assessments must be
deposited in a special account in the special revenue fund, to be known as the
state rail safety inspection account. Money in the account is appropriated to
the commissioner and may be expended to cover the costs incurred for the
establishment and ongoing responsibilities of the state rail safety inspector.
(c) The commissioner may
exempt a common carrier not federally classified as Class I from violations for
a period of up to two years if the common carrier applies for participation in
a work site safety coaching program, such as the "MNSharp" program
administered by the Minnesota Department of Labor and Industry, and the
commissioner determines such participation to be preferred enforcement for
safety or security violations.
(d) Any person aggrieved by
an assessment levied under this section may appeal within 90 days any
assessment, violation, or administrative penalty to the Office of
Administrative Hearings, with further appeal and review by the district court.
Sec. 4. [219.371] DEFINITIONS.
Subdivision 1. Scope. The terms used in sections 219.371 to 219.382 have
the meanings given them in this section and section 218.011.
Subd. 2. Inside edge of a walkway. "Inside edge of a
walkway" means that edge of a walkway closest to the nearest rail of the
track for which the walkway is constructed.
Subd. 3. Major repair. "Major repair" means a repair
that normally requires greater than four hours of work to accomplish or
involves the use of specialized tools and equipment. Major repairs include such
activities as coupler replacement, draft gear repair, and repairs requiring the
use of an air jack, but the term does not include changing wheels on intermodal
loading ramps either with or without an air jack.
Subd. 4. Railroad shop or repair track. "Railroad shop"
or "repair track" means a fixed repair facility or track that is
regularly and consistently used to perform major repairs, regardless of whether
a mobile repair vehicle is used to conduct the repairs.
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Subd. 5. Structure. "Structure" means any bridge or
trestle on which a railroad track is constructed.
Subd. 6. Walkway. "Walkway" means a pathway located
alongside or in the vicinity of a railroad track for the purpose of providing
an area for railroad employees to perform their normal trackside duties.
Subd. 7. Yard. "Yard" means a system of tracks other
than main tracks and sidings used for making up trains, storing cars, and other
purposes including the inspection, repair, and cleaning of cars.
Sec. 5. [219.372] WALKWAYS ON BRIDGES AND TRESTLES.
(a) All walkways must be
kept free from obstacles that would render them unsafe or difficult to traverse
on foot, except those facilities with minimum clearances prescribed by other
sections of this chapter.
(b) Walkways must be equipped
with a securely attached handrail located on the side of the walkway farthest
from the track, except no handrails are required on through-girder structures.
Handrails must be located so as to comply with the clearance standards in
sections 219.45 to 219.53.
(c) Walkways on bridges and
trestles must conform to the standards of width, surface, and vertical
placement for walkways alongside track set forth in section 219.373, except
that the inside edge of such a walkway may be placed closer than six feet from
the nearest rail when necessary.
(d) This section does not
apply to culverts.
Sec. 6. [219.373] WALKWAYS BY TRACK; GENERAL STANDARDS.
(a) Consistent with section
219.50, every railroad company shall provide a walkway alongside track that has
a regular surface that is smooth and safe for use by railroad employees and
other persons who have duties in proximity to trains. The walkway must be kept
reasonably free of hazards and obstructions, including, but not limited to,
debris, litter, fuel, oil, sand, boulders, posts, tie materials, holes, ruts,
potholes, grains, grain products or byproducts, fertilizer products, chemical,
chemical molten, steel, tin, metallic products, solid raw minerals, palletized
products, silica products, materials spilled during revenue shipment, and
detached pieces or parts of railroad rolling stock or track structure.
(b) Except as otherwise
provided in paragraph (g) or otherwise exempted by other law, a walkway
alongside track that is required under sections 219.373 to 219.382 must be
constructed and maintained in conformity to the standards in sections 219.373
to 219.383.
(c) A walkway alongside
track that is required pursuant to sections 219.373 to 219.382 must:
(1) provide a reasonably
regular surface that is smooth and safe for use by railroad employees and other
persons who have duties in proximity to trains;
(2) be surfaced with crushed
material, asphaltic concrete, planking, or other material that does not
compromise track drainage;
(3) unless the grade of the
track is greater than one inch in eight inches, have a grade that is less than
one inch in eight inches;
(4) if the walkway is
alongside track with a curve greater than 18 degrees, be not less than one foot
wider than otherwise required; and
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(5) be kept reasonably free
of hazards and obstructions listed in paragraph (a).
(d) Except as provided
otherwise in this section or sections 219.374 to 219.379, walkways located
along main-line tracks and tracks where switching is regularly performed more
than twice in a seven-day period must be surfaced with crushed material not to
exceed American Railway Engineering and Maintenance-of-Way Association (AREMA)
standard number 4, 1-1/2 inches in size, or with asphalt, concrete, planking,
grating, or similar material.
(e) Walkways located along
switching lead tracks, switches in yards, car spotting areas, and railroad shop
or repair tracks must be surfaced with crushed material not to exceed AREMA
standard number 5, three-fourths to one inch in size, or with asphalt,
concrete, planking, grating, or similar material.
(f) This section is
temporarily suspended during periods of heavy rain or snow, derailments, rocks
and earth slides, and similar abnormal periods and for a reasonable time
thereafter to permit restoration work.
(g) Compliance with sections
219.372 to 219.379 is not a defense to any civil action brought for the
violation of a railroad safety law, regulation, rule, or order.
(h) The commissioner, after
investigation, upon the commissioner's own motion, or upon the petition of the
aggrieved person, may determine that the safety of railroad employees requires
implementation of the applicable standards set forth in paragraphs (b) to (e),
for any walkway.
Sec. 7. [219.374] WALKWAYS BY MAIN-LINE TRACK.
Except as otherwise provided
in section 219.375, 219.377, or 219.378, walkways alongside main-line track, in
addition to the requirements of section 219.373, must:
(1) be present on each side
of the track within two miles in either direction of a track-side train defect
detector, with a total walkway length of not less than 300 feet at each
inspection location;
(2) be not less than two
feet in width; and
(3) provide a minimum side
clearance of 8-1/2 feet from the centerline of the track to the outside edge of
the walkway.
Sec. 8. [219.375] WALKWAYS BY TRACK AT SIDING LOCATIONS.
Walkways alongside main-line
and branch-line track at siding locations, in addition to the requirements of section
219.373, must:
(1) be present:
(i) on the outside of the
main-line or branch-line track; and
(ii) on the outside of the
siding track;
(2) be not less than two
feet in width; and
(3) provide a minimum side
clearance of 8-1/2 feet from the centerline of the track to the outside edge of
the walkway.
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Sec. 9. [219.3755] WALKWAYS BY TRACKS WHERE TRAIN CREWS SHIFT.
Walkways alongside main-line
and siding tracks at nonterminal locations that are frequently used as train
crew relief for boarding and deboarding crews, in addition to the requirements
of section 219.373, must:
(1) be present:
(i) on the outside of the
main-line or branch-line track; and
(ii) on the outside of the
siding track;
(2) be not less than two
feet in width;
(3) provide a minimum side
clearance of 8-1/2 feet from the centerline of the track to the outside edge of
the walkway;
(4) be surfaced according to
AREMA standard number 5 or with three-fourths inch to one inch crushed
material, asphalt, concrete, planking, or other material that does not
compromise track drainage; and
(5) run continuous from a
road, walkway, or other right-of-way to 100 feet past the designated stopping
point for the train or locomotive.
Sec. 10. [219.376] WALKWAYS BY TRACK IN YARDS,
INDUSTRY TURNOUTS, AND SPOTTING AREAS.
Walkways alongside track in
all yards and in advance thereof, wherever an employee's assigned duties
regularly require the employee to be present on the ground in proximity to the
track and, except as otherwise provided in section 219.377 or 219.378, in
industry turnouts and spotting areas, in addition to the requirements of
section 219.373, must:
(1) be present on each side
of the track not less than 50 feet in advance of the turnout;
(2) be not less than two
feet in width;
(3) provide a minimum side
clearance of 8-1/2 feet from the centerline of the track to the outside edge of
the walkway; and
(4) if the track is in a
yard where substantial switching is performed, be:
(i) present between tracks;
(ii) present alongside
tracks bordering the yard or switching area; and
(iii) if the tracks are 17
feet apart or less, continuous between the tracks.
Sec. 11. [219.377] WALKWAYS BY TRACK AT MAIN-LINE
TURNOUTS ENTERING YARDS OR SERVING INDUSTRY TRACKS.
Except as otherwise provided
in section 219.378 or 219.379, walkways alongside track at main-line turnouts
entering yards or serving industry tracks, in addition to the requirements of
section 219.373, must:
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(1) be present on the switch
stand side of the track from not less than 50 feet ahead of each switch stand
to not less than 25 feet beyond the 12-1/2 feet clearance point behind the
switch stand;
(2) if 20 feet or more from
the switch stand, be not less than six feet in width;
(3) if less than 20 feet,
but more than four feet from the switch stand:
(i) be not less than six
feet in width;
(ii) have a straight outer
edge; and
(iii) occupy a total area of
not less than 120 square feet; and
(4) if less than four feet
from the switch stand, be not less than three feet in width.
Sec. 12. [219.378] WALKWAYS BY MAIN-LINE TRACK AT
TURNOUTS FOR SWITCHING CARS.
Walkways alongside main-line
track at turnouts used frequently for switching cars, in addition to the
requirements of sections 219.373 to 219.377, must:
(1) be present on the switch
stand side of the track from not less than 125 feet ahead of the switch stand
to not less than 25 feet beyond the 12-1/2 feet clearance point behind the
switch stand;
(2) if 20 feet or more from
the switch stand, be not less than six feet in width;
(3) if less than 20 feet,
but more than four feet from the switch stand:
(i) be not less than six
feet in width;
(ii) have a straight outer
edge; and
(iii) occupy a total area of
not less than 120 square feet; and
(4) if less than four feet
from the switch stand, be not less than three feet in width.
Sec. 13. [219.379] WALKWAYS BY TRACK AT OTHER
TURNOUTS.
Walkways alongside tracks at
short-line and branch-line turnouts and, except as otherwise provided in
section 219.378, at all power-operated turnouts, in addition to the
requirements of section 219.373, must:
(1) be present on the switch
stand side of the track from not less than 50 feet ahead of the switch stand to
not less than the 12-1/2 feet clearance point behind the switch stand;
(2) if ten feet or more from
the switch stand, be not less than five feet in width;
(3) if less than ten feet,
but more than four feet from the switch stand:
(i) be not less than five
feet in width;
(ii) have a straight outer
edge; and
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(iii) occupy a total area of
not less than 39 square feet; and
(4) if four feet or less
from the switch stand, be not less than three feet in width.
Sec. 14. [219.381] WALKWAY EXEMPTIONS.
Subdivision 1. Existing track. (a) Section 219.373, paragraphs (b) to
(g), and sections 219.374 to 219.379 and 219.382 do not apply to track placed
in revenue service before the effective date of this section until the date and
time track and supporting structure are repaired, resurfaced, replaced, or as
ordered by the commissioner of transportation pursuant to paragraph (b).
(b) The commissioner of
transportation shall issue an order requiring the construction or maintenance
of a walkway alongside track described in paragraph (a) on determining, after
notice and hearing, that the construction or maintenance of a walkway alongside
the track is necessary to eliminate an unsafe or hazardous condition.
Subd. 2. Small business. (a) Except as otherwise provided in
paragraph (b), a small business that owns or operates any track in this state
is exempt from sections 219.373 to 219.382.
(b) On determining after
notice and hearing that exempting a small business that owns or operates any
track in this state pursuant to paragraph (a) poses an unreasonable threat of
substantial harm to the public safety, the commissioner of transportation shall
order that business to eliminate any unsafe walkway condition.
(c) As used in this section,
"small business" has the meaning given it in section 645.445.
Sec. 15. [219.382] LIABILITY.
Sections 219.371 to 219.379
do not preclude or preempt civil liability to an injured party under state or
federal laws for failure to provide a reasonably safe walkway.
Sec. 16. SHORT TITLE.
Sections 2 to 15 may be
cited as the "Railroad Walkways Safety Act."
Sec. 17. EFFECTIVE DATE.
This article is effective
July 1, 2007."
Delete the title and insert:
"A bill for an act
relating to transportation; modifying or adding provisions related to
geotechnical investigations before eminent domain proceedings, streets and
highways, highway safety rest areas, highway construction bids and training,
town road abandonment, bridges, special mobile equipment, motor vehicle titles,
motor vehicle transfers, traffic regulations, flammable liquid definition,
drivers' licenses and identification cards, the Real ID Act, traffic-control
signals, transportation goals and mission, statewide transportation plan,
metropolitan transportation system performance evaluations, transportation
contracts, rail service improvement, use of rail bank property, towing, transit
and paratransit, special transportation, small vehicle passenger service,
transportation accessibility, transit ways and facilities, light rail transit,
vehicle license plates, vehicle size and weight restrictions, vehicle load
limits and permits, paper product vehicle routes and permits, definition of
full-size pickup truck, vehicle idle reduction technology, commercial vehicles
and drivers, vehicle registration, insurance requirements for vehicles owned by
charitable organizations, the Unified Carrier Registration Agreement, household
goods movers, obsolete motor
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4439
carrier laws and conforming
changes, railroad company requirements, the position of state rail safety inspector,
and the Railroad Walkways Safety Act; requiring studies and reports; imposing
penalties; making clarifying and technical changes; appropriating money;
amending Minnesota Statutes 2006, sections 117.041, by adding a subdivision;
160.02, subdivision 19, by adding a subdivision; 161.14, subdivision 18, by
adding subdivisions; 161.32, subdivisions 1, 1b, 4; 164.06, subdivision 2;
165.01; 165.03; 168.011, subdivision 22; 168.013, subdivision 1e; 168.10,
subdivisions 1a, 1b, 1c, 1d, 1g, 1h, 1i; 168.12, subdivisions 1, 2, 2a, 2b, 2c,
2d, 2e; 168A.01, by adding a subdivision; 168A.05, subdivisions 3, 5; 168A.10,
subdivision 1; 168A.101; 168A.151, subdivision 1; 168A.153; 168B.04,
subdivision 2; 169.01, subdivisions 4c, 19, 20, 78, by adding a subdivision; 169.041,
subdivisions 1, 2; 169.06, subdivision 5; 169.14, subdivision 2; 169.34;
169.471, subdivision 1; 169.781; 169.782, subdivision 1; 169.783, subdivision
1; 169.81, subdivisions 2, 3c; 169.823, subdivision 1; 169.824, subdivision 2;
169.8261; 169.86, subdivision 5, by adding a subdivision; 169.862; 169.864,
subdivisions 1, 2; 169.87, subdivision 4; 171.01, by adding a subdivision;
171.02, subdivision 1; 171.06, subdivision 3; 171.07, subdivisions 1, 3;
171.14; 174.01, subdivision 2; 174.02, subdivision 1a; 174.03, subdivision 1,
by adding subdivisions; 174.24, subdivision 2a; 174.255, by adding a
subdivision; 174.29, by adding subdivisions; 174.30, subdivisions 4, 9; 174.64,
subdivisions 2, 4; 174.66; 218.021, subdivision 1; 218.041, subdivision 6; 221.011,
subdivision 8, by adding a subdivision; 221.025; 221.026; 221.031, subdivisions
1, 6; 221.0314, subdivision 9, by adding a subdivision; 221.033, subdivision
2d; 221.036, subdivisions 1, 3; 221.037, subdivision 1; 221.091, subdivision 2;
221.131; 221.132; 221.141, subdivisions 1, 4; 221.185; 221.221, subdivision 3;
221.231; 221.291, subdivision 4; 221.60, subdivision 1, by adding a
subdivision; 222.50, subdivision 7; 222.63, subdivision 4, by adding a
subdivision; 299F.60, subdivision 1; 299J.16, subdivision 1; 325F.665, by
adding a subdivision; 473.1466; 473.166; 473.386, subdivisions 1, 2, 2a, 3;
473.399; 473.3993, subdivisions 1, 3, by adding a subdivision; 473.3994;
473.3997; 473.4051; 473.408, by adding a subdivision; Laws 2005, First Special
Session chapter 1, article 4, section 39; proposing coding for new law in
Minnesota Statutes, chapters 160; 161; 169; 174; 219; 221; 473; repealing
Minnesota Statutes 2006, sections 168A.05, subdivision 5a; 174.65; 221.011,
subdivisions 24, 25, 28, 29, 38, 41, 44, 45; 221.0252, subdivision 7; 221.072;
221.111; 221.121, subdivisions 1, 2, 3, 4, 5, 6, 6a, 6c, 6d, 6e, 6f, 7;
221.122; 221.123; 221.131, subdivisions 2a, 3; 221.141, subdivision 6; 221.151;
221.152; 221.153, subdivisions 1, 2; 221.161; 221.171; 221.172, subdivisions 3,
4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7, 8; 221.60, subdivisions 2,
3, 3a, 4, 5, 6; 221.601; 221.602; 325E.0951, subdivision 3a; 473.1465; 473.247;
Laws 1999, chapter 230, section 44."
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. 1564, A bill for an act relating to education finance; creating a special
education maintenance of effort adjustment; amending Minnesota Statutes 2006,
section 125A.76, by adding a subdivision.
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.
Journal of the House - 55th
Day - Wednesday, April 25, 2007 - Top of Page 4440